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A federal appeals court on Monday set aside limits a lower judge had placed on federal agents and their ability to use crowd control tactics on anti-ICE protesters in Minnesota.
The 8th U.S. Circuit Court of Appeals said the lower court ruling was too broad and unworkable. It blocked the ruling while the case develops further.
Judge Katherine Menendez, a Biden appointee, had ruled that U.S. Immigration and Customs Enforcement was too quick to blast protesters with pepper spray,” and had been too aggressive in shutting down anti-ICE activists who had been trailing federal officers in their vehicles.
She said she had viewed video that troubled her, seemingly showing ICE officers deploying pepper spray against protesters who were walking away and weren’t a threat.
She said it was broad enough that she felt comfortable issuing universal restrictions on some crowd control tactics.
But the 8th Circuit judges came to a somewhat different conclusion.
“We accessed and viewed the same videos the district court did,” the circuit judges said in an unsigned opinion. “What they show is observers and protestors engaging in a wide range of conduct, some of it peaceful but much of it not. They also show federal agents responding in various ways.”
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