More on this later and a Motion to Reconsider may be planned. It is hard to get Justice anymore in America and especially in New Hampshire where the Courts 99% of the time agree with Law Enforcement, big business and banks. What is especially troubling in this instance is that Caleb Macaulay is not emotionally in a position at this point to issue his Affidavit as to McKay's true actions that day are not admissible. Even at that, however, retired Franconia Officer Bradford Whipple's Affidavit was enough to survive Summary Judgment. See also this journal entry for a summation of the lies and coverup in this case and this journal entry for the lies and coverup about Greg Floyd that disappeared from the Internet until I replaced them.
The Decision disregards the manner in which the OC Spray was deployed and downplays the Tahoe bashing as well, when in point of fact the seven (7) protocols that Bruce McKay clearly violated may indeed provided enough basis for a Jury to assess liability for Constitutional violations. The specific protocol says McKay was never to overtake or to ram a car and that if the identity of the suspect was known he was supposed to let him go. McKay overtook, rammed the car back out of sight and did not let him go yet he sure as hell knew his identity. The Court did not address those facts and simply usurped the function of the Jury, which is to decide whether or not those actions rise to the level of a Constitutional violation.
Instead the Court just said that those actions were permissible (which they clearly WERE NOT permissible) but that is once again his opinion, which does not comport with the neighbor's opinion when they described the situation in Kelly Ayotte's own so-called "Official Report." Read it right here in a 29 June 2007 Journal Entry entitled: "KingCast and community members say Bruce McKay was a bully; Liko Kenney died 800 feet from his home at Tamarack Tennis Camp."
The grey car was not going fast. I thought [McKay] was trying to get around it [for something else]. He made several movements (her daughter called it a "10-point turn" in her interview) to come nose to nose now facing north.... [McKay] pushed him and kept pushing him down (into the gravel area) dirt flew back the police car pushed him so strongly and just kept pushing and pushing and pushing until the grey car was beyond my view."Court a reasonable Juror find that McKay doing all of this -- allegedly over an expired inspections sticker but more accurately out of a history of demonstrated contempt for Mill/Kenney -- rises to the level of a Constitutional deprivation? Of course. But we might not get to find out because the Court overstepped its bounds. Not only that, the Court wrote that it was unclear what further discovery would reveal as it slammed the hearsay statements presented by the investigator. Well wait a minute: Perhaps further discovery would give Mr. Kenney's lawyers time to interview more witnesses to what they have seen McKay do and their attempts to file complaints about him that went ignored, which is the whole point in a custom and practice Monell/42 U.S.C. §1983 lawsuit in the first place.
The State Law claims including wrongful death may be tried in State Court.