MeBaby
Regular Member
imported post
Good luck and give'em Hell Chet!
Good luck and give'em Hell Chet!
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Gun-rights activist again sues Norfolk over '07 arrest
- Thread starter TFred
- Start date
ChickenLover
New member
imported post
So what's going on with this case?
So what's going on with this case?
user
Accomplished Advocate
imported post
Ordinarily, when there's a settlement of a civil suit, the parties will enter into a written agreement to do so. One standard clause of such agreements is a "mutual waiver and release of all claims". If there was such an agreement, then the plaintiff doesn't have standing to file suit and is likely to be hit with sanctions - he may end up having to pay the city's legal fees.
Ordinarily, when there's a settlement of a civil suit, the parties will enter into a written agreement to do so. One standard clause of such agreements is a "mutual waiver and release of all claims". If there was such an agreement, then the plaintiff doesn't have standing to file suit and is likely to be hit with sanctions - he may end up having to pay the city's legal fees.
ChickenLover
New member
imported post
? Not following you. The previous 15k settlement was with the city and was based on the SSN issue. The CITY prevailed on the 4A claims. The current suit is against the OFFICERS who detained Chet (though the city provides their legal defense because they were acting in official capacity). I heard the depositions of the witnesses in the case did not go well for Chet - did that case settle as well?
? Not following you. The previous 15k settlement was with the city and was based on the SSN issue. The CITY prevailed on the 4A claims. The current suit is against the OFFICERS who detained Chet (though the city provides their legal defense because they were acting in official capacity). I heard the depositions of the witnesses in the case did not go well for Chet - did that case settle as well?
user
Accomplished Advocate
imported post
I don't know, but ordinarily, a settlement extends to all those who are "in privity" with the parties to the suit. That included employees, agents, affiliates, etc etc. Andthe outcome of a prior suit isgenerally considered "res judicata", even in Virginia thanks to a fairly recent rule change, as to everyone one might have brought in as a party but didn't, and as to all claims arising out of the same events and circumstances. (Generally speaking. There are more details and wrinkles.) "Res judicata" means, "things already decided (and which we're not going to consider again)."
I don't know the details of how the prior litigation went, I'm just pointing out some principles that may apply.
I don't know, but ordinarily, a settlement extends to all those who are "in privity" with the parties to the suit. That included employees, agents, affiliates, etc etc. Andthe outcome of a prior suit isgenerally considered "res judicata", even in Virginia thanks to a fairly recent rule change, as to everyone one might have brought in as a party but didn't, and as to all claims arising out of the same events and circumstances. (Generally speaking. There are more details and wrinkles.) "Res judicata" means, "things already decided (and which we're not going to consider again)."
I don't know the details of how the prior litigation went, I'm just pointing out some principles that may apply.