FOLLOW US

Wed

August 26, 2026

America February 27, 2025 5 mins read

U.S. Supreme Court Justice Alito Blasts 9th Circuit in San Jose Police Shooting Case

America ı By Samuel Lopez

0 Comments

Untitled

By Samuel A. Lopez – USA Herald

The 9th Circuit Court of Appeals just got an earful from U.S. Supreme Court Justice Samuel Alito, who harshly criticized its handling of a police shooting case in San Jose. The case involves the 2017 fatal shooting of Jacob Dominguez, an unarmed man, by San Jose Police Sgt. Michael Pina. A federal jury found the officer had used excessive force, awarding Dominguez's widow and children $1 million in damages.

Alito, however, is having none of it, calling the lower courts' decisions "a flagrant error" and lambasting the appellate judges for what he described as "ham-fisted" reasoning. The justice argued that the courts "ran roughshod" over the doctrine of qualified immunity and based their decision on a 2022 case that was decided years after the shooting. But is Alito's outrage justified, or is this just another example of the Supreme Court's conservative wing trying to protect law enforcement at all costs?

The core of the dispute lies in the legal principle of qualified immunity — a doctrine designed to shield government officials, including police officers, from civil lawsuits unless they violate "clearly established" legal precedents. But what does "clearly established" even mean? That’s the million-dollar question (or, in this case, the $1 million question).

When Dominguez was shot in 2017, Pina and his legal team claimed he was protected under qualified immunity. However, U.S. District Judge Beth Labson Freeman disagreed. She ruled that Pina could be held accountable, partially relying on the 9th Circuit's ruling in Peck v. Montoya — a 2022 case where deputies fatally shot a blind man.

Here’s where things get murky: Peck was decided five years after Dominguez’s death. Alito pounced on this point, arguing that the lower courts “badly fumbled” by using a decision that wasn’t in place at the time of the shooting. But Judge Freeman had an answer for that. She pointed out that Peck built on an even older case, Cruz v. City of Anaheim, which had already set a precedent on excessive force in traffic stops. In other words, Peck wasn’t rewriting the rules — it was reinforcing them.

Published vs. Unpublished Decisions: Does It Matter?

Another legal wrinkle here is that the 9th Circuit’s decision in the Dominguez case was unpublished — meaning it wasn’t intended to set a binding precedent. Alito suggested this made the ruling even weaker, but legal experts disagree.

Unpublished decisions don’t carry the same weight as published ones, but they do influence similar cases, especially when they align with existing law. The appellate panel explicitly stated that “a reasonable jury could have found that Dominguez did not appear to be reaching for a weapon when Officer Pina shot him.” And under established precedent, that means deadly force wasn’t justified.

Alito’s View: Protecting Officers or Undermining Accountability?

Justice Alito’s dissent is essentially a full-throated defense of qualified immunity. His concern? That police officers shouldn’t have to worry about lawsuits when making split-second decisions.

“To overcome qualified immunity, a party must show that an official violated a federal right that was ‘clearly established’ at the time of the alleged misconduct,” Alito wrote.

In other words, Pina could not have known that killing Dominguez would expose him to a civil lawsuit because, according to Alito, the law wasn’t "clear enough" at the time.

Legal scholars like UCLA Law Professor Joanna C. Schwartz argue that this reasoning is flawed. “The notion that you have to find a prior court decision with nearly identical facts in order to clearly establish the law can be a very high barrier,” Schwartz said.

Even if Peck had been decided before the shooting, it’s unlikely Pina would have been aware of it in the heat of the moment. Officers don’t memorize legal precedents; they’re trained on general principles of law. That’s why courts have to interpret whether force was justified after the fact.

The Bigger Picture: Qualified Immunity and Its Impact

This case is yet another example of the deep flaws in the qualified immunity doctrine. While the Supreme Court insists the rule is needed to prevent frivolous lawsuits against officers, research suggests it does little to achieve that goal. Schwartz’s studies indicate that most excessive force claims are not dismissed on qualified immunity grounds.

And here’s a reality check: even when officers are found liable, they rarely pay out of pocket. Studies show that police departments and cities almost always foot the bill. So, the idea that officers are constantly at risk of personal financial ruin? It’s a myth.

The bigger danger isn’t to officers — it’s to communities. When qualified immunity is applied too broadly, it shields bad cops just as much as good ones. And in cases like Dominguez’s, it prevents families from getting justice.

As for Alito’s outrage? It’s misplaced. The courts ruled in favor of Dominguez’s widow because they were right to do so. And if you ask Dominguez’s children, they’d probably tell you that $1 million isn’t nearly enough.

  • Court Decisions & Case Law:
    • Peck v. Montoya(2022) - [Link]
    • Cruz v. City of Anaheim(2014) - [Link]
    • Qualified Immunity Overview - [Link]
  • Legal Analysis: For a deeper dive into legal analysis without the jargon, join my Patreon community, Legal Insights and Strategies by Samuel Lopez, for exclusive content, templates, and insider tips.

Previous Article

Space Geeks: AstroForge Aims to Make History

Read More
1720 Posts

Samuel Lopez

With over 20 years of experience in the legal and insurance sectors, Samuel applies his profound legal acumen to investigate and accurately report on the facts.

Discussion

No comments yet. Be the first to join the discussion!

Don’t Miss It
America August 25, 2026
Historic Spacewalks Mark a Turning Point for ISS Maintenance
By – Jackie Allen
America August 25, 2026
Brittany Boltinhouse Sues Miss USA for Defamation
By – Michallie Harrison
America August 24, 2026
Inside Lifeboat Foundation’s Survival Vision—And Its…

By Samuel López | USA Herald Lifeboat Foundation presents itself…

By – Samuel Lopez
America August 23, 2026
Cytek $56M Verdict Delivers Costly Blow…

A Delaware jury just handed down a verdict that reads…

By – Rihem Akkouche
America August 23, 2026
Hawk Fire Chases Nearly 14,000 Reno…

A wall of flame doesn’t knock politely — it announces…

By – Rihem Akkouche
America August 23, 2026
Poolside Deal With Nvidia Strengthens US…

SAN FRANCISCO — Poolside is at the center of a…

By – Jackie Allen
America August 22, 2026
Tariff War Escalates as Canada Announces…

OTTAWA — The Tariff War between Canada and the United…

By – Jackie Allen
Arizona August 22, 2026
The End of the Colorado River…

The river that has created the modern South West is…

By – Ramzi Salem
America August 22, 2026
AI Funding by American Banks: Mega-Bubble…

Behind the breathtaking numbers is a financial paradox: the institutions…

By – Ramzi Salem
America August 21, 2026
Alisa Goods Case Ends in Heartbreak…

A search that began with a simple bus trip to…

By – Rihem Akkouche
America August 21, 2026
JLL Developer’s $12M Fraud Suit Alleges…

Sometimes a lawsuit boils down to a single question: did…

By – Rihem Akkouche
America August 21, 2026
Steadfast $5.5B Buyout Deal Sends Australian…

Australia’s insurance brokerage landscape just shifted beneath its own feet.…

By – Rihem Akkouche
America August 21, 2026
Travis Kelce Chiefs Training Camp Grind…

Most 36-year-olds in the NFL are counting down the days…

By – Rihem Akkouche
America August 21, 2026
Alaska Plane Crash Near Remote Radar…

A routine flight to one of Alaska’s loneliest outposts turned…

By – Rihem Akkouche
America August 21, 2026
World Cup Brawl Leads to Major…

EAST RUTHERFORD, N.J. — The World Cup final between Spain…

By – Jackie Allen
America August 21, 2026
Eric Swalwell Faces FBI Search as…

WASHINGTON — Former congressman Eric Swalwell is facing an escalation…

By – Jackie Allen
America August 20, 2026
Slayer’s Law Blocks Nick Reiner From…

The Slayer’s Law more commonly called a “slayer statute,” has…

By – Jackie Allen
America August 20, 2026
Bitcoin Twins See Bitcoin’s $65,000 Level…

The Bitcoin Twins, Cameron and Tyler Winklevoss, are once again…

By – Jackie Allen
America August 19, 2026
Hayden Panettiere Death Investigation Heats Up…

 Police Seek Answers in Panettiere’s Final Hours A Death Investigation…

By – Jackie Allen
America August 18, 2026
Hayden Panettiere Remembered for her Acting…

Hayden Panettiere, the former child star who became internationally known…

By – Jackie Allen
America August 20, 2026
California AB 2624 Reaches Newsom as…

INSIDE THIS REPORT AB 2624 would protect threatened immigration-service workers.…

By – Samuel Lopez
America August 20, 2026
Robin Williams’ Children Reactivate His Instagram…

Inside This Report Zak, Zelda, and Cody Williams have relaunched…

By – Samuel Lopez
America August 19, 2026
Christian Metal Band Demon Hunter Declares…

INSIDE THIS REPORT Christian metal band Demon Hunter has sued…

By – Samuel Lopez
America August 19, 2026
Judge Removed After Saying Jury “Got…

INSIDE THIS REPORT A visiting judge removed Judge John Roach…

By – Samuel Lopez
America August 19, 2026
Did the Government Just Admit It…

INSIDE THIS REPORT Avi Loeb says government sources asked him…

By – Samuel Lopez
America August 19, 2026
Eight Years After Elon Musk Shot…

Key Takeaways Elon Musk’s Tesla Roadster has been traveling through…

By – Samuel Lopez
America August 16, 2026
Perez Hilton’s Mother Seeks Temporary Custody…

By Samuel López | USA Herald Perez Hilton’s family has…

By – Samuel Lopez
America August 13, 2026
Taylor Farms Jalapeño Recall Salmonella Scare…

A single shipment of peppers has set off a chain…

By – Rihem Akkouche
America August 12, 2026
Heat Dome Brings Dangerous Temperatures Across…

A powerful Heat dome is expanding across the United States,…

By – Jackie Allen
America August 8, 2026
Joe Biden: Hunter Says the Prostate…

Former President Joe Biden is experiencing a worsening battle with…

By – Jackie Allen
America August 1, 2026
Stormed the Border: Spain Says 25,000…

CEUTA, Spain (AP) — Spanish authorities say thousands of migrants…

By – Jackie Allen
Breaking News July 29, 2026
Trump Ends Medicare Part D Subsidy,…

The Trump administration is ending a Medicare Part D subsidy…

By – Michallie Harrison
America August 17, 2026
Von Miller Cowboys Contract Brings Future…

Some homecomings happen quietly. This one came with a social…

By – Rihem Akkouche
America August 14, 2026
White House Denies Role in Josh…

LOS ANGELES — The White House is denying any role…

By – Michallie Harrison
America August 13, 2026
Prichard Colon Death: Once-Unbeaten Boxer Dies…

Prichard Colon never threw another punch after that October night…

By – Rihem Akkouche
America August 13, 2026
Tiger Woods and Nike: 27-Year Partnership…

Tiger Woods built one of the most lucrative athlete-brand partnerships…

By – Jackie Allen
America August 12, 2026
209 Triple-Doubles, Two Offers Declined: Russell…

There were two NBA teams ready to hand Russell Westbrook…

By – Rihem Akkouche
America August 11, 2026
Part 2. Archbald Faces Big Expansion…

In Archbald, Pennsylvania, a community of roughly 7,000 residents, the…

By – Jackie Allen

No posts found.

No posts found.

Signup for the USA Herald
exclusive Newsletter