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Thread: Waukesha settles civil rights claim over arrest, lost video "destroyed"

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    Waukesha settles civil rights claim over arrest, lost video "destroyed"

    The City of Waukesha has agreed to pay what the plaintiff's attorney calls a "substantial" amount to settle a civil rights lawsuit against police who destroyed video of an arrest the subject contends was unfounded and done with excessive force.
    [ ... ]
    He denied the charge, and as soon as his attorney requested the dash cam video of the arrest be preserved, it was instead destroyed. Police claimed it was a mistake, but a Waukesha judge accused officers involved of bad faith, and dismissed the charge against Schroeder.
    [ ... ]
    "The loss of the video is highly probative of the credibility of the defendants’ witnesses. Because there is a vast gulf between the different accounts of the events, the loss of the one piece of evidence that could readily show exactly what occurred is highly suspicious," he ruled.

    http://www.jsonline.com/blogs/news/264309891.html

    It would seem that bad faith pierces qualified immunity.
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    Regular Member HPmatt's Avatar
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    Mark Levin and last night Trey Gowdy surfaced the term of art 'spoliation' - destroying evidence allows the jury to assume the evidence was damaging to the defendant and as such c/b used to show guilt.
    “Men live without other security than what their own strength and their own invention shall furnish them"
    -Thomas Hobbes 1651

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    Noun spoliation (plural spoliations)

    The act of plundering or spoiling; robbery; deprivation; despoliation.
    Robbery or plunder in times of war; especially, the authorized act or practice of plundering neutrals at sea.
    (law) The intentional destruction of or tampering with (a document) in such way as to impair evidentiary effect.
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    Quote Originally Posted by Nightmare View Post

    It would seem that bad faith pierces qualified immunity.
    Tampering with evidence and destruction of official records sure do ...

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    If ever there was " Obstruction of Justice" this clearly would be it.

    My .02

    Regards.

    CCJ
    " I detest hypocrites and their Hypocrisy" I support Liberty for each, for all, and forever".
    Ask yourself, Do you own Yourself?

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    Regular Member OC for ME's Avatar
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    What evidence...we don't have no steenking evidence....
    "I would rather be exposed to the inconveniences attending too much liberty than to those attending too small a degree of it." - Thomas Jefferson.

    "Better that ten guilty persons escape, than that one innocent suffer" - English jurist William Blackstone.
    It is AFAIK original to me. Compromise is failure on the installment plan, particularly when dealing with so intractable an opponent as ignorance. - Nightmare

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