Jesse Enjaian Oakland Shooting Spree

Jesse Enjaian Oakland Shooting Spree --- ===

February 17, 2017 crime: shooting spree suspect: killed by police  Jesse Enjaian Oakland Shooting Spree  32-year-old Jesse Enjaian University of Michigan graduate died in the hospital after he was shot and accused of being a sniper and shooting at police officers and a news helicopter in Oakland, California. At the University of Michigan Law school, Enjaian filed a lawsuit claiming classmate Renée Schomp wrongfully reported criminal stalking alleges that on December 9, 2011, Schomp made a phone call to the University Department of Public Safety complaining about two email messages that Enjaian sent to the entire Law School. On March 27, 2012 he alleges Schomp emaile a University of Michigan police officer, claiming Enjaian possessed a firearm and `intended to use it during an act of mass-homicide.’  She told the police she “has considered where the best place in the Law School would be to hide in the event that Enjaian came to the School with a gun”’ and that a mutual friend told her he was `“so concerned about his girlfriend's safety with regard to Enjaian, that he came over to her dorm room right away carrying a baseball bat.”’. . . Police seized a laptop, cell phone, MP3 player, and four external hard drives from Enjaian's apartment. Enjaian claims that the police held his property for 446 days before they returned it to him.

 SFGate reports that Enjaian’s prior stalking victim in Michigan, “submitted a complaint that Enjaian had a gun and had expressed interest in using it in an “act of mass homicide.”” live footage showed that Enjaian was actively shooting a rifle at police, civilians and even a news helicopter from various positions. He was still given a fairly wide berth to move around the neighborhood with his rifle and scope, again, despite the fact that the police had been warned about him shooting cars and throwing a Molotov cocktail the week before.  set a Molotov cocktail in the last week, said neighbor Clifton Simpson. “he shot at cars Friday night and Tuesday morning,”“This morning he just went off.”He  made extremely racist comments, including the n-word, on Twitter, he had military training, and he was in a predominantly Black ZIP code terrorizing residents by shooting at them and again, yelling the n-word. 

Name is Turkish Armenian, majority Christian but sometimes involved in terrorist attacks and plots:
The Index-Journal from Greenwood, South Carolina Nov 4, 1990 speech: many people are still homeless .. Enjaian, who is of Turkish Armenian .

*Tags

• helicopter targeted
• killed by police
• police targeted
• shooting spree
• SWAT response

*Reference

Jesse Enjaian: 5 Fast Facts You Need to Know | Heavy.com 17 hours ago - Jesse Enjaian is the University of Michigan graduate who was accused of being a sniper and shooting at police officers in Oakland.

• While a student at UCLA, Enjaian was a member of the school’s ROTC program. 
• In 2014, Enjaian Was Accused of Stalking a Former Classmate at the University of Michigan

 In the Days Leading Up to the Standoff, Enjaian Began Spouting Race Hate on Twitter included a response to a report about the falling value of the Mexican peso in which Enjaian wrote, “That’s English for GTFO.” Another tweet saw Enjaian post a Breitbart link

*Sources


Oakland police: Suspected sniper shot by officer dies - East Bay Times
www.eastbaytimes.com/.../active-shooter-sought-near-oakland-zoo-in-east-oakland/
identified the suspect as Jesse Ross Enjaian, 32, a computer science engineer. ....Enjaian's death is the first fatal police shooting in Oakland since Nov. .... He's Armenian and not really "white" much less, a "honkey".

Oakland: Sniper painted crude graffiti before captured by police
www.mercurynews.com/.../active-shooter-sought-near-oakland-zoo-in-east-oakland/
2 days ago - ... identified the suspect as Jesse Ross Enjaian, 32, a computer science engineer. Enjaianwas seen shortly after 9 a.m. carrying a rifle with a scope .... and set a Molotov cocktail in the last week, said neighbor Clifton Simpson. “Oh, he shot (the cars). He shot them Friday night and Tuesday morning,” said Simpson, who lives on Las Vegas Avenue. “This morning he just went off.”

Simpson said police told him Tuesday that they would try to obtain a warrant for the shooter. “I said now, ‘What happens if he snaps while you guys are gone?’ And this morning he snapped.”

Police did not release any information about the suspect but according to LinkedIn, Enjaian had degrees from UCLA, Georgia Institute of Technology, and the University of Michigan Law School.

In 2014, he lost a lawsuit against the University of Michigan where he was accused of stalking a student but no criminal charges were ever filed. He had filed the suit claiming his Fourth Amendment right had been violated. He later sued and lost a defamation case against ALM Media Properties after the National Law Journal published a story about the stalking allegation.

Jesse Enjaian gunman in Oakland shooting, Fremont native with ...
abc7news.com/news/oakland-shooters-troubled-past-college-history-/1760369/
2 days ago - Oakland shooter's troubled past, college history. 32-year-old Jesse Enjaian the gunman in a Friday morning shootout in Oakland had a troubled past beginning in college. ... The motive behind the early morning shootout between 32-year-old Jesse Enjaian and Oakland Police is still ...

Gunman in East Oakland shooting identified as Jesse Enjaian
abc7news.com/news/gunman-identified-as-jesse-enjaian-east-oakland-/1759833/
2 days ago - Gunman in East Oakland shooting identified as Jesse Enjaian. ... Officials say a gunman who fired numerous shots Friday morning in east Oakland near the Oakland Zoo has been disarmed and is in police custody. ... Police say they engaged in a shootout with the suspect on 98th Ave. and 

Statement on OPD shooting of white supremacist terror suspect Jesse ...
https://www.indybay.org/newsitems/2017/02/18/18796629.php
Statement on OPD shooting of white supremacist terror suspect Jesse Enjaian. by APTP Saturday Feb 18th, 2017 8:48 PM. Compared with their protocol for ..

Compared with their protocol for profiling, harassing - and occasionally murdering - Black and Brown civilians in Oakland, the Oakland Police Department’s shooting of white supremacist gunman Jesse Enjaian illustrates the depth of officers’ conscious and unconscious biases and unwavering ability to humanize a white suspect to a fault, even after the person has demonstrated a clear capability for violence and disregard for human life.

OPD had the opportunity to prevent this expensive, dangerous and chaotic scenario by arresting Enjaian last week when neighbors reported him for shooting cars and throwing a Molotov cocktail. The East Bay Express reports that the way OPD handled the prior shootings - one of which rose to the level of a hate crime due to slurs used, was "unusual", noting that, "No evidence technicians were called to the scene, nor was an evidence canvas conducted." Enjaian ordered them to leave his property, so they did, despite reports and evidence of his committing a felony.

Disturbingly, local media coverage of OPD’s accidental killing (they elected not to shoot to hit center mass) of Enjaian parallels that of the convicted rapist who happened to attend Stanford University and of the many white men who have used firearms to commit terror attacks on communities of color in recent history. The assumption is that past academic or sports achievements somehow negate a propensity for predatory behavior. Examples and research demonstrating the very consistent profile of mass shooters in the United States show us that this is an intellectually lazy assertion. SFGate reports that Enjaian’s prior stalking victim in Michigan, “submitted a complaint that Enjaian had a gun and had expressed interest in using it in an “act of mass homicide.”” However, due to the reality of white supremacist thinking in our society, the media was initially hesitant to profile the shooter in this case in the way they typically do with Black or Brown "suspects".

Remember, live footage showed that Enjaian was actively shooting a rifle at police, civilians and even a news helicopter from various positions. He was still given a fairly wide berth to move around the neighborhood with his rifle and scope, again, despite the fact that the police had been warned about him shooting cars and throwing a Molotov cocktail the week before. He made extremely racist comments, including the n-word, on Twitter, he had military training, and he was in a predominantly Black ZIP code terrorizing residents by shooting at them and again, yelling the n-word.

“Sniper” is a woefully inadequate term for this guy.

Meanwhile, with Black and Brown “suspects”, both the media and the police immediately assume ill intent and justify a violent, militarized response to contain even a mere potential threat implied to be inherent in the existence of a Black body.

Recent examples:

• OPD follows a different protocol depending on the race of “suspect” they are confronting. Two cases of passive individuals being shot without warning illustrate this point:
  • When, without any commands, a sergeant and three officers simultaneously pumped dozens of bullets into the body of Richard Perkins (video shows his hands were in the air), the department was quick to justify the murder with false accusations that he pointed a gun. This was later found to be an airsoft rifle tucked into his waistband that he notified them about.
  • Demouria Hogg was sleeping in his car and awake for under a minute when rookie Officer Nicole Rhodes, who admits she couldn’t see clearly, panicked, broke training protocol, and pulled the trigger twice to end his life. The city has since paid out a $1.2 million settlement to his family.

Make no mistake, Oakland Police Department does not want to, cannot and will not keep our communities safe. [antipolice terrorist propaganda ]Oakland needs to defund OPD and invest that money into programs and services that address the real drivers of public safety: housing, education, jobs, mental health care outside of a jail setting, and restorative justice programs. Our local media needs to adopt basic ethics when writing headlines and copy to avoid dehumanizing and vilifying Black and Brown victims of police terror. The Advancement Project's "Best Practices for Journalists Reporting on Police Killings of Black and Brown People" is a great place to start.

###

Headlines about and photos of Demouria Hogg:

Headlines about and photos of Jesse Enjaian:

http://www.antipoliceterrorproject.org/new...

http://cyb3rcrim3.blogspot.com/2014/08/the-law-student-stalking-and-4th.html

 August 01, 2014

The Law Student, Stalking and the 4th Amendment

This post examines an opinion a U.S. District Court Judge recently issued in a civil case filed in the U.S. District Court for the Eastern District of Michigan:  Enjaian v. University of Michigan, 2014 WL 3662709 (2014).  As the judge explains, 

[p]laintiff Jesse R. Enjaian, pro se, filed the instant action alleging that Defendant Renée Schomp wrongfully reported criminalstalking behavior to the University of Michigan Law School and the University of Michigan Department of Public Safety. Based on Schomp's complaint, Enjaian claims police unreasonably searched his apartment and seized various items in violation of his rights under the 4th Amendment. 

Enjaian v. University of Michigan, supra. 

The judge then explains that Enjaian is

a former student and classmate of Schomp's at the University of Michigan Law School. Enjaian alleges that on December 9, 2011, Schomp made a phone call to the University Department of Public Safety complaining about two email messages that Enjaian sent to the entire Law School. Following Schomp's phone call, university police obtained a search warrant to search Enjaian's apartment for evidence related to criminal stalking. Police seized a laptop, cell phone, MP3 player, and four external hard drives from Enjaian's apartment. Enjaian claims that the police held his property for 446 days before they returned it to him.

Enjaian further alleges that on March 27, 2012, Schomp emailed Defendant Sergeant Jose Dorta, a University of Michigan police officer, claiming Enjaian possessed a firearm and `intended to use it during an act of mass-homicide.’ Specifically, Enjaian states:

`Schomp wrote to Dorta and another employee that she “has considered where the best place in the Law School would be to hide in the event that Enjaian came to the School with a gun”’ and that a mutual friend told her he was `“so concerned about his girlfriend's safety with regard to Enjaian, that he came over to her dorm room right away carrying a baseball bat.”’. . .

Enjaian claims he did not learn of this email until March 2013. No criminal stalking or any other charge was filed against Enjaian, and the University Police returned his property more than a year later, near the end of February 2013.

On September 12, 2013, Enjaian filed the instant lawsuit, alleging that Sergeant Dorta and the University of Michigan violated his 4th Amendment right to be free from unreasonable searches and seizures, and that Schomp's `allegations’ constitute libel per se under Michigan law.

Enjaian v. University of Michigan, supra. 

The three defendants (University of Michigan, Sergeant Dorta and Schomp) responded by filing motions to dismiss Enjaian’s suit underRule12(b)(6) of the Federal Rules of Civil Procedure, which lets a judge dismiss a lawsuit if the plaintiff has failed to state a viable cause of action. As Wikipedia explains, the Rule 12(b)(6) motion is how lawsuits with

insufficient legal theories underlying their cause of action are dismissed from court. For example, assault requires intent, so if the plaintiff has failed to plead intent, the defense can seek dismissal by filing a 12(b)(6) motion. `While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do. Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).’  Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007). 

The judge took up each motion to dismiss, starting with Sergeant Dorta.  Enjaian v. University of Michigan, supra.  He began his analysis of this motion by explaining that

Enjaian alleges that Sergeant Dorta, as a sergeant in the University of Michigan police department, `established policies and procedures’ and `made management decisions’ regarding the search of Enjaian's electronic devices. Enjaian claims Sergeant Dorta's actions violated his 4rth Amendment right to be free from unreasonable search and seizure. Sergeant Dorta moves to dismiss Enjaian's claim, arguing qualified immunity protects him from suit.

Enjaian v. University of Michigan, supra.

The judge began his analysis of Enjaian’s argument by explaining that the

`doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’Pearson v. Callahan, 555 U.S. 223 (2009). Because qualified immunity is an immunity from suit, the court must resolve an assertion of qualified immunity at the ‘earliest possible stage in the litigation.’ Id. 

In assessing a claim of qualified immunity, the court must assess whether: (1) `the facts a plaintiff has alleged . . . make out a violation of a constitutional right,’ and (2) `the right at issue was clearly established at the time of defendant's alleged misconduct.’ Id. The court may exercise its discretion in deciding which of these two prongs should be addressed first. Id. As the plaintiff, Enjaian `bears the burden of showing that defendants are not entitled to qualified immunity.’ Chappell v. City of Cleveland, 585 F.3d 901 (U.S. Court of Appeals for the 6th Circuit 2009).

Enjaian v. University of Michigan, supra. 

The judge then explained that Enjaian

has not met this burden. To begin with, it is unclear exactly what Enjaian is claiming. Much of his response to Defendants' motion to dismiss consists of block quotations from a variety of cases, without any attempt at developed argumentation. To the extent that Enjaian does discuss the facts of his case, he appears to argue that Sergeant Dorta used an invasive search methodology in attempting to crack a variety of passwords present on Enjaian's computer. 

It appears this cumbersome investigative methodology resulted in Enjaian's computer and other personal property -- including some that had no relevance to internet communications -- being retained by the investigators longer than he believes was reasonably necessary. However, the 4th Amendment does not protect against unreasonable delay in returning lawfully seized property to the owner. Fox v. Van Oosterum, 176 F.3d 342 (U.S. Court of Appeals for the 6th Circuit 1999). Thus, whether Enjaian is able to allege a violation of his 4th Amendment rights turns on whether the search and seizure of that property was itself illegal. 

Enjaian v. University of Michigan, supra.

He then analyzed whether Enjaian was able to do this:

Construed liberally, Enjaian's response argues that the affidavit supporting the search warrant did not establish a sufficient nexus between the computer equipment to be searched and the alleged stalking at issue. A review of the affidavit reveals that the affiant, Officer Bernard Mundt, stated, inter alia, that he received reports Enjaian had engaged in behavior and that he `feels’ [Enjaian] was `intentionally stalking Schomp.’ . . . Officer Mundt, however, is not a defendant in this lawsuit.

Enjaian asserts that `the U–M campus police at Ann Arbor is a very small department,’ and that Sergeant Dorta `established polices and procedures and has made management decisions for the search and seizure of computer evidence during criminal investigations.’ Beyond that, Enjaian does not explain how the supervisor, Dorta, as opposed to the affiant, Mundt, violated his constitutional rights in connection with the creation of what certainly is a very sparse, and likely insufficient, warrant affidavit. Nor does he specify which policies and procedures he disagrees with.

Because Enjaian has not alleged anything other than vague and conclusory assertions connecting Sergeant Dorta to the alleged constitutional violation, the court concludes Enjaian has failed to allege a violation of his constitutional rights. Enjaian's claim against Sergeant Dorta will be dismissed without prejudice.

Enjaian v. University of Michigan, supra.  Since the dismissal was without prejudice, Enjaian could re-file his lawsuit, if he was able to address the issues the judge noted.  And if you are interested, you can find an application for a search warrant here, to find out how the affidavit is used, etc.

The judge then took up Enjaian’s claims against the University, explaining that he

seeks a judgment against the University of Michigan declaring that the search warrant issued to the University of Michigan Police Department was overbroad and in violation of the 4th Amendment. The University of Michigan moves to dismiss this claim, arguing that, as a Michigan state department, it is entitled to immunity from suit under the 11th Amendment.

The 11th Amendment provides, in relevant part: `The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State[.]’ U.S. Constitution, amendment XI.

`This immunity is far reaching. It bars all suits, whether for injunctive, declaratory or monetary relief, against the state and its departments, by citizens of another state, foreigners or its own citizens.’ Thiokol Corp. v. Dep't of Treasury, State of Mich., Revenue Div., 987 F.2d 376 (U.S. Court of Appeals for the 6th Circuit 1993) (emphasis added).

Enjaian's complaint concedes that the University of Michigan is a state agency. . . . Although state officials may be sued in their official capacity for prospective injunctive or declaratory relief, see Thiokol Corp. v. Dep’t of Treasury supra,  no such official appears as a defendant in the instant lawsuit.  Enjaian's claim against the University of Michigan is barred by the 11th Amendment and will therefore be dismissed without prejudice.

Enjaian v. University of Michigan, supra. 

Finally, the judge took up Schomp’s motion to dismiss, explaining that Enjaian

also alleges that Schomp's report to police constitutes libel per se under Michigan law. MichiganCompiled Laws § 600.2911.  However, because Enjaian's only federal claim has been dismissed, the court declines to exercisesupplemental jurisdiction over Enjaian's state-law claim. 28 U.S.C. § 1367(c)(3). See also Musson Theatrical, Inc. v. Fed. Express Corp., 89 F.3d 1244 (U.S. Court of Appeals for the 6th Circuit 1996) (`When all federal claims are dismissed before trial, the balance of considerations usually will point to dismissing the state law claims. . . .’).

Accordingly, Schomp's motion to dismiss will be granted. 

Enjaian v. University of Michigan, supra. 

The ruling on Schomp’s motion went to a jurisdictional issue, unlike the rulings on Dorta’s and the University’s motions to dismiss. Those Rule 12(b)(6) motions were directed at the substantive cause of action he sought to assert against both of those defendants, i.e., a violation of his 4^th Amendment rights.  As Wikipedia explains, U.S. District Courts have jurisdiction to hear and decide civil suits that arise under the U.S. Constitution (including the 4^th Amendment) and the laws and treaties of the United States.  It also has jurisdiction to hear lawsuits that do not involve federal and/or U.S. Constitutional law if those suits involve citizens of different state, which is known as the courts’ “diversity jurisdiction.”  

Enjaian’s claims against Dorta and the University were allegedly based on a violation of his 4^th Amendment rights.  Since the 4^thAmendment is part of the U.S. Constitution, the court would have had jurisdiction over those claims, if they had been viable federal law claims.  Enjaian’s claim against Dorta was a state claim allegedly arising under Michigan’s libel law.  A federal court can only hear cases that arise under state law if (i) the parties are from different states (which apparently was not true here) or (ii) the state law claims come under the court’s supplemental jurisdiction, which is created by 28 U.S. Code § 1367(a).  Supplemental jurisdiction is based on the premise that if a federal court has jurisdiction over Doe’s federal claim against Smith, it is reasonable to let the court hear and decide Doe’s state law claim against Smith as long as the state law claim arises out of the same set of facts. As Wikipedia notes, the rationale for this is efficiency, i.e., if the non-federal, non-diversity jurisdiction claims are based on the same set of facts, it makes sense to dispose of all them in a single, federal proceeding. 

Enjaian and Schomp apparently were not from different states, so the court had no basis for keeping the libel per se claim.  

The judge therefore dismissed the lawsuit. Enjaian v. University of Michigan, supra. 

Man Dies After Firing Rifle at Residents, Police in Oakland
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16 hours ago - Oakland, CA, police have arrested a man they say triggered a tense standoff with policeafter firing a rifle at officers and residents near a local high school Friday ... The standoff began after a report of a sniper armed with a rifle and scope ... At one point, one officer fired on the suspect, according to Watson, ...





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