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Cops disarmed and arrested OC'er, cops lose.

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Regarding personal liability of cops, at least in Chicago and Ohio, cops are NOT indemnified for punitive damages. They own them PERSONALLY, as was the case in which Officer Alvin Weems of the Chicago PD shot and unarmed, unresisting Michael Pleasance and lied about it. He was found liable for some portion of $3,000,000. He shot himself.

That's why, in Chicago at least, civil suits against police are typically settled with obscene haste, regardless of how ludicrous they might seem.

Of course paradoxically, they do seem to fight airtight cases against cops. Hence the civil judgment against the Chicago PD and Officer Anthony Abbate for the savage and cowardly beating of barmaid Carolina Obrycka. An added bonus was the finding in the case that the Chicago PD maintained a "blue wall of silence". Everybody KNEW it, now it's been confirmed by a court of competent jurisdiction. I predict that it'll be a gift which keeps on giving...

Good points.

A recent conversation with a lawyer here in my state (who is suing the cops for an invasion of his rights) informed me although we do have some immunity in this state that if we prove they acted unconstitutionally they are not exempt from being personally liable.
 

countryclubjoe

Regular Member
Joined
Mar 3, 2013
Messages
2,505
Location
nj
Good points.

A recent conversation with a lawyer here in my state (who is suing the cops for an invasion of his rights) informed me although we do have some immunity in this state that if we prove they acted unconstitutionally they are not exempt from being personally liable.

Gunner

Read up on USC 42 section 1983

The whole story is in that law..

Best regards

CCJ
 

F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
42 USC 1983 is the most quoted of the federal civil rights violation lawsuits; but it is just the first rung of a step ladder if you will

42 USC 1983 alleges that a right violation took place
http://legal-dictionary.thefreedictionary.com/Elements+of+a+Section+1983+Claim

42 USC 1985 alleges that 2 or more acted in concert to deprive rights and allows suing every officer present and perhaps upper eshelon management if they knew the indecent was taking place
http://www.conservapedia.com/Section_1985
With respect to the discriminatory motive, a plaintiff must establish that a class-based or racially discriminatory motive lurks behind the conspiratorial activities.
How about the class of lawfully armed citizens.

42 USC 1986 allows a lawsuit against
Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do

So every official of an anti-second amendment jurisdiction can be sued, chief/sheriff, mayor, city/county attorney, city/county council.......

Sue 'em all; let the courts sort 'em out!
 
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