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Alito Pushed to Overrule Roe In Reagan-era memo, high court nominee outlines legal strategy to restrict, overturn Roe v. Wade By Amy Goldstein and Jo Becker Washington Post Staff Writers Thursday, December 1, 2005; Page A01
... In a May 1984 memo, he criticized a lower court decision involving an unarmed 15-year-old boy who broke into a house, stole $10 and was shot in the back and killed by police. The boy's father sued, and a court of appeals ruled in favor of the father, concluding that police must have probable cause to believe a suspect is armed or otherwise a threat before "taking the drastic measure of using deadly force."
Alito disputed that reasoning, arguing that the rules regarding deadly force "must rest on the general principle that the state is justified," and that the court's standard could let suspects escape. Brian Landsberg, a fellow Justice lawyer who was chief of the Civil Rights Division appeals section, wrote a memo condemning Alito's logic as "a pernicious doctrine" that "would literally destroy some of our most effective civil rights enforcement programs."
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UNARMED AND SHOT IN THE BACK, TOO.
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