Minneapolis (KROC AM News) -  A federal judge has allowed a lawsuit to proceed against a Rochester cop and included a stinging rebuke of comments the officer made.  The lawsuit was filed by Michael Vernio and Kelli Gendron against RPD officer Samuel Higgins The officer was sent to check on a complaint of a barking dog last August and went into a yard where he made contact with Vernio and Gendron According to documents included in the order filed by U.S “Vernio expressed his frustration with the fact that the neighbors had called the police about the barking dog rather than talking to Mr Vernio about it. Defendant speculated that this was because Mr Vernio subsequently stated that Defendant is a “white man with a gun and I’m afraid.”  Defendant replied “and you haven’t been shot yet.” The lawsuit accuses Higgins of violating the couple’s constitutional rights by conducting an unreasonable search The judge this week rejected a motion by Higgins to dismiss the lawsuit Vernio expressed frustration because his neighbors allegedly chose to call the police regarding barking dogs instead of speaking directly to Mr Vernio subsequently responded that Defendant is a “white man with a gun and I’m afraid,” Defendant stated “and you haven’t been shot yet.” In its briefing Defendant argued that “[a]lthough Officer Higgins’ comments could have been more respectful and more artfully phrased they are not relevant facts to Plaintiffs’ claim under the Fourth Amendment.” Regardless of whether Defendant’s comments can provide the basis for a cause of action against Defendant—an issue the Court does not need to reach to decide this motion—the Court believes it cannot remain silent on the issue and that it is important to address Defendant’s comments Defendant’s comments were made on August 19 was fatally shot by a police officer in Ferguson was fatally shot by a police officer in Falcon Heights Even before such high-profile shootings by police of African Americans a comment—even joking—that infers that an African American man is fortunate to not have been shot “yet” by a police officer would be problematic Such a comment ignores the historical context of law enforcement actions against African Americans African Americans are disproportionately subject to the use of force by law enforcement African Americans continue to be disproportionately killed by law enforcement officers It is this history of law enforcement’s violent relationship with African Americans that makes it clear that allusions to the use of force by a police officer is no joking matter this comment is a troubling statement that reflects a lack of respect for the value of black lives When such a comment is added to an alleged Constitutional violation the comment is even more problematic." "Given the recent events in Minnesota Defendant’s comments are particularly disturbing a 46-year-old African American man was killed by a police officer in Minneapolis Minnesota when the police officer knelt on Floyd’s neck for seven minutes and forty-six seconds Floyd has sparked protests of police brutality both domestically and internationally the Court finds it necessary to emphasize the wrongness of a police officer making stereotyped comments based on an individual’s race (i.e. boisterous black man”) or suggesting that a citizen should be fortunate that they have not been shot “yet.” Regardless of the final outcome of this case The Court finds that the comments made by the officer irrespective of how they are characterized are entirely contrary to the constitutional promise of equal justice under law in the United States of America to which every citizen is entitled." The Star Tribune says Higgins “ was disciplined for his comments.” Olmsted County's COVID-19 cases nearly double in two weeks. A federal judge has allowed a lawsuit to proceed against a Rochester cop and included a stinging rebuke of comments the officer made.\nRead More The Star Tribune says Higgins “ was disciplined for his comments.” Olmsted County's COVID-19 cases nearly double in two weeks. This work, Remembering the battle of Hill 810: Italian village commemorates WWII liberation by Red Bulls, must comply with the restrictions shown on https://www.dvidshub.net/about/copyright