Appeals Court Tells Seattle Cops New Use Of Force Policy Doesn't Violate Their 2nd Amendment Rights

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When the Department of Justice handed down remedies for the Seattle Police Department's excessive use of excessive force, it told officers they would need to dial back their penchant for deadliness. Just prior to the DOJ's civil rights investigation, the PD was responsible for 20% of the city's homicides. The DOJ recommended officers work on their de-escalation tactics, as well as partake in training meant to steer officers away from viewing anything strange (medical conditions, mental health issues, drug impairment, behavioral crises) as something to be shot at or beaten.Seattle PD officials adopted the DOJ recommendations and altered the department's use of force policies. Rather than comply or quit, several police officers decided to file a federal lawsuit against the DOJ. The officers asserted a nonexistent right (the "right" to make it home alive) and hammered an existing right (the 2nd Amendment) to it in hopes of persuading a federal court that using less force less often somehow violated their right to keep and bear arms.The crowdfunded lawsuit didn't get very far. The district court pointed out the 2nd Amendment does not create a "right" to defend yourself, much less attempt to guarantee officers' personal safety. Gun ownership is regulated, not a free pass for cops to violate PD use of force policies as they see fit. It also tossed a variety of other rights violations claims, noting these were even more tenuously connected to the officers' protest of the new use of force policy than the 2nd Amendment claims.The officers appealed this decision because of course they did. Despite raising less than $4,000 of their $100,000 legal defense fund goal, the officers apparently had enough funding to lose twice. The Ninth Circuit Court of Appeals has rejected [PDF] the officers' ridiculous rights violation assertions. (h/t Kevin Gosztola)As the court points out, the use of force policy these officers felt needed to be addressed with a civil rights lawsuit does zero damage to the officers' civil rights.

The UF [Use of Force] Policy explicitly recognizes that Appellants may use their department-issued firearms in self-defense in an encounter with a suspect—including the use of deadly force with a firearm. The UF Policy states that “[d]eadly force may only be used in circumstances where threat of death or serious physical injury to the officer or others is imminent[,]” and recognizes that “sometimes the use-of-force is unavoidable[.]” As a result, the UF Policy does not impose a substantial burden on Appellants’ right to use a firearm for the purpose of lawful self-defense.

The UF Policy requires Appellants to employ de-escalation techniques only “[w]hen safe under the totality of the circumstances and time and circumstances permit.” Thus, the UF Policy expressly contemplates that de-escalation techniques will not be feasible in every situation, and even states that “sometimes, the use of force is unavoidable.” The UF Policy also provides that Appellants may use deadly force where an objectively reasonable officer would conclude that the “threat of death or serious physical injury to the officer or others is imminent.” These provisions ensure that Appellants may use their department-issued firearms to defend themselves and the public.

The UF Policy also requires that Appellants use “[d]e-escalation tactics and techniques . . . when safe and without compromising law enforcement priorities,” and states that Appellants “shall consider whether a subject’s lack of compliance is a deliberate attempt to resist or an inability to comply based on” a variety of factors. Those provisions advance the City of Seattle’s important government interest of ensuring the safety of the public by mandating de-escalation techniques and reducing the likelihood that a firearm will be drawn or used where such force is not “objectively reasonable,” “proportional to the threat or urgency of the situation,” or “necessary to achieve a law-enforcement objective.”

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Denuvo Game Cracked In Mere Hours

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Denuvo DRM has graced our pages many times in the past year or so. The DRM once thought to be unbreakable and heralded as the end of piracy has taken a precipitous downward path in reputation. Games using the DRM slowly began being cracked in months, then weeks. The ability to crack Denuvo then sped up, with cracking times dropping to a week, five days, a couple of days. Through it all, Denuvo worked furiously to patch its software, all while proclaiming that a week or so's protection is worth it to game developers as they protect their games during the all important initial release window.Well, it seems like that ability to make that argument has come to an end, as DRM-"protected" game Total War: Warhammer 2 was cracked in a matter of hours.

Denuvo has suffered its biggest failure yet, with strategy game Total War: Warhammer 2 falling to pirates in less than a day, arguably just a few hours. It was cracked by STEAMPUNKS, a group that’s been dumping cracked games on the Internet at quite a rate for the past few months.The fall of this game in such a short space of time will be of major concern to Denuvo Software Solutions. After Resident Evil 7 was cracked in days earlier this year, Denuvo Marketing Director Thomas Goebl told Eurogamer that some protection was better than nothing.

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