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We are not criminal defense attorneys and we have no dog in this fight. However, the shooting death of Bijan Ghaisar in November 2017 has generated intense public interest in Northern Virginia. A general background of the case is here and a Google search will generate links to many articles.

Many people think the case involves issues of "qualified immunity", a term that is getting a lot of attention these days. So, we were curious when the court dismissed all charges against the officers who were involved in the shooting.

Judge Claude Hilton dismissed the criminal charges on the basis of "supremacy immunity" in a 7-page opinion that cites two cases from the 1800's. In our view the court could have explained supremacy immunity better to the public, via its opinion. 

Because neither the court opinion nor the 322 page expert witness report for the Commonwealth of Virginia were easily available to the public, we retrieved them off of Pacer and post them here. Folks can draw their own opinions about this case.

Judge Hilton opinion dismissing the criminal case in the Bijan Ghaisar shooting

Commonwealth of Virginia 322 page expert witness report

 

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.
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