WASHINGTON — Rejecting an appeal brought by Black Lives Matter activist DeRay Mckesson, the Supreme Court on Monday skipped deciding whether the leader of a demonstration can be sued for an injury to a police officer caused by another protester. Mckesson, who was leading a protest in Baton Rouge in July 2016 following the police killing of a Black man, faces a lawsuit from an officer who was hit in the head by a rock or piece of concrete thrown by an unidentified person.
The lawsuit alleged that the officer lost teeth and suffered a brain injury. The case has already bounced around the courts. Initially, a federal judge ruled in 2017 that Mckesson could not be sued, but the New Orleans-based 5th U.S Circuit Court of Appeals overturned that finding. Mckesson appealed to the Supreme Court, leading to a detour in the litigation as the justices ordered further analysis on whether Louisiana law even allowed for a claim like the one the officer was bringing.
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