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Force Decision…                                               plaintiffs would have rushed to litigate provocation argu-
                                                              ments in every case, contending that some earlier infraction
                 Continued from P. 23                         by the officer provoked the plaintiff into using force.

  The Supreme Court saw it differently. The provocation            The Supreme Court came through for us in Mendez,
rule makes no sense, and the Supreme Court shot it down.      and the unanimous decision gives us inspiration. The Court
Amen. If an officer makes a mistake in an area, and even      upheld that longstanding use of force framework an-
if that is a violation of some right, that hardly means that  nounced in the case of Graham v. Connor from 1989. We
the officer provoked any resulting force. It had seemed that  need more decisions like Mendez – with respect for the of-
some lower courts have been stretching to find any plausi-    ficers on the beat, and we need some of that thinking in our
ble basis to conclude that police force has been excessive.   employment cases as well. Stay tuned: we aim to protect
                                                              our use of force law.
    Had the appellate court decision not been reversed, of-
ficers would have been in a nightmare environment as

Local Lodge News

       Durham County Lodge 2’s 31st Annual Peace Officers’ Memorial Service

                 By Terry Mangum – Lodge 2 State Trustee

On Friday, April 28, Durham County Lodge 2 held our Shelby Police Department – end of watch September 12,

annual Peace Officers’ Memorial Service. Our service 2016 and, Deputy John Thomas Isenhour, Forsyth County

was held at Grey Stone Baptist Church in Durham. For Sheriff’s Office – end of watch September 28, 2016.

the past thirty-one years we have conducted our Peace Of-     The names and synopsis of the seven Durham Police

ficers’ Memorial Services in memory of our law enforce- Department officers who were killed or died in the line of

ment officers who have been killed or have died in the line duty in the past were read by Mike Evans, President of

of duty and to honor their families and the sacrifices they Durham Lodge 2. These seven officers were:

have made. These services also pay tribute to our law en-     Gill P. Cates – end of watch May 28, 1913

forcement professionals who serve and protect us daily        Roland A. Gill – end of watch June 10, 1933

and to recognize the sacrifices of their families as well.    J. Clarence Price – end of watch December 3, 1939

This year’s Guest Speaker was Durham Police Chief             Larry D. Bullock – end of watch April 29, 1976

Cerelyn Davis. The bagpipe music for our Scottish Rites       Gary E. Fletcher – end of watch February 14, 1978

was performed by Officer David Rosser of the High Point       Billy T. Gregory – end of watch April 24, 2004

Police Department. The National Anthem and three other        Charles J. Callemyn – end of watch February 17,

musical selections during the service were sung by the        2007

Hillside High School Chorus. The Invocation was given

by Reverend Brian Barndt, the Executive Pastor of Grey        The names and synopsis of the three Durham County

Stone, and the Benediction was given by Chaplain Phil Sheriff’s Office Deputies who were killed in the line of

Wiggins. Sergeant Tom Navarre, Lodge 2 Financial Sec- duty in the past were read by Major Paul Martin of the

retary, served as the master of ceremony for the service. Durham County Sheriff’s Office. These three deputies

Law enforcement and emergency services participants were:

performing the various functions throughout the service       Willie Ellison Hall – end of watch October 18, 1929

were from the Durham Police Department, Durham                Onus Y. Hall – end of watch July 17, 1939 (He was

County Sheriff’s Office, Duke Police Department, North        the brother of Willie Ellison Hall)

Carolina Central University Police Department, North          William Thomas Ladd – end of watch October 5,

Carolina State Highway Patrol, Durham County Emer-            1971

gency Medical Services, and the Durham Fire Depart-

ment.                                                         Peace Officers’ Memorial Day is a day of honor for all

In the same manner as the State and National Memorial of our law enforcement officers, our retirees, our law

Services, the names of fallen officers were read, along       enforcement families, and our law enforcement community.

with a brief synopsis of their death, with an officer pin-    Our memorial services help us to remember that we

ning a red rose on the Memorial Wreath. The names and must always remain committed and devoted to our profes-

synopsis of the two North Carolina officers were read by sion, our community, and our duty. To do less would be a

Sergeant S.T. Smith of the NC State Highway Patrol. The disservice to those we honor and commemorate during

two State officers were: Officer Timothy James Brackeen, these Peace Officers’ Memorial Services.

                 www.ncfop.org                                                                           25
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