Lesson is that if you want to act badly, make sure to act badly in a way that conforms to negative stereotypes about your ethnicity. That way, nobody is allowed to notice it or criticize you for it.— S. Lant (@Shiftant) November 30, 2022
From Big Country News:
Big Country News
By Lawrence Wilson | The Center Square contributor
Nov 1, 2022 Updated 16 hrs ago
(The Center Square) — Judges must presume that racial bias was a factor in a jury’s decision in a civil suit when one litigant makes that claim, according to a Washington Supreme Court ruling, placing the burden of proof on the opposing party to show that racial bias did affect the outcome.
The ruling was handed down in October in a liability lawsuit brought by an African American woman who claimed her injury from a car accident aggravated her symptoms from Tourette’s Syndrome. The plaintiff had sought $3.5 million in damages. The defendant had admitted fault in the accident.
When the jury found for the plaintiff but granted only $9,200 in damages, she appealed the award, presenting arguments to demonstrate that racial bias influenced the decision.
Cited as evidence of racial bias were statements by the defendant’s lawyer that seemed to indicate racial stereotyping, including describing the defendant as “confrontational” and “combative,” her suggestion that the defendant was interested only in a financial windfall, and that the defendant’s witnesses, who were all black family members and friends, were “inherently biased” and seemed to have been coached to give identical testimony.
Also, the jury asked that Henderson leave the courtroom before they re-entered to deliver their verdict.
I.e., the jurors were scared that the plaintiff would physically attack them.
In summary, Montoya-Lewis wrote, drawing on a recent Washington Supreme Court decision, “When a new trial is sought on the ground that racial bias affected the verdict, the facts must be viewed through the lens of an objective observer who is aware ‘that implicit, institutional, and unconscious biases, in addition to purposeful discrimination, have influenced jury verdicts in Washington State.’”
She added, “In a hearing based on prima facie evidence that racial bias possibly affected the verdict, the court must presume that it did and the party seeking to uphold the verdict must prove how it did not. If they cannot prove that racial bias was not a factor, that verdict is fundamentally incompatible with substantial justice.”