Desiree Martinez

Desiree Martinez bravely reported to the police the abuse she had suffered at the hands of her boyfriend, Kyle Pennington. But Pennington was a police officer, and came from a family of officers. Instead of protecting Desiree, his family and friends with badges protected Pennington, prolonging and deepening the abuse.

One officer, Channon High of the Clovis, Ca. department, told Pennington over the phone that Desiree had filed a report. The conversation happened while Desiree was trapped in a room with Pennington and, with this information, he abused her again.

Desiree was eventually able to get away from Pennington and he was charged with crimes for abusing her. But she also sought justice against the officers who enabled her abuser, including High.

Her civil rights lawsuit was filed in 2015 and for nearly a decade Desiree has been fighting through the courts to overcome qualified immunity. The 9th U.S. Circuit Court of Appeals recently granted QI to High, reasoning that while the officer violated Desiree’s constitutional rights, there was not “fair warning” that those actions would be a violation.

Now the Institute for Justice is taking on Desiree’s case and appealing to the U.S. Supreme Court. When officers knowingly and deliberately break the rules, they should not be granted immunity. High was not a cop on the beat making a split-second decision, she sat behind a desk and informed a criminal that he was being investigated. The Court should reverse and let Desiree’s fight for justice move forward.