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Legal battle over law enforcement, Marsy's Law heads to Florida Supreme Court

Posted at 8:19 PM, Dec 21, 2021
and last updated 2021-12-22 11:43:52-05

TALLAHASSEE, Fla. (WTXL) — A legal battle over Marsy's Law is making strides in the Florida Supreme Court.

The state's highest court agreed Tuesday to consider if the identity of law enforcement can be kept private under the law.

It's a legal battle between the City of Tallahassee and the Florida Police Benevolent Association.

If the city has its way, that would allow the identities of law enforcement in officer-involved shootings to be released.

The legal back and forth stems from three fatal officer-involved shootings in 2020.

After a Leon County Circuit Court Judge denied law enforcement protection under Marsy's Law, the Police Benevolent Association appealed and won in September 2020.

This case will determine if an officer can be a victim of a crime while on duty and if that will grant them protection.

City of Tallahassee attorney Cassandra Jackson gave ABC 27 a statement on whats to come.

At a minimum, each Supreme Court Justice agrees that the determination of whether law enforcement officers, while performing their official duties, can be victims under Marsy's Law is an important legal issue deserving of their attention.

The Florida Police Benevolent Association believes the officers were victimized before shooting the suspects.

They believe their officers have the same rights under Marsy's Law as every other citizen.

The City of Tallahassee and The Florida Police Benevolent Association must provide their information by Jan. 25, 2022.

The law aims to make sure victims and their families have true equality under the law by guaranteeing them standing in court.

It guarantees the victims have privacy and that their names or other identifying information won't be released.

The Tallahassee Police Department has argued that officers involved in shootings are crime victims and has withheld their names under Marsy's Law.