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Thread: Student Accuses Calif. Police of Excessive Force

  1. #1
    Regular Member coolusername2007's Avatar
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    Video and/or audio makes all the difference. Who was it that said "today's gun is the video camera"?

    http://www.foxnews.com/us/2010/05/01...est=latestnews

    SAN JOSE, Calif.-- A Vietnamese university student whose violent arrest was captured on videotape has filed a lawsuit accusing San Jose police of using excessive force.

    Phuong Ho says police had no reason to use a stun gun and hit him with a baton more than a dozen times during his Sept. 3 arrest on suspicion of brandishing a deadly weapon and resisting arrest. Ho, a student at California State University, was unarmed.

    Prosecutors have declined to file charges against the officers, saying they used force to get Ho to comply with their orders. The charges against the 21-year-old Ho have also been dropped.

    The lawsuit, filed in federal court in San Jose, seeks $6 million in damages. City and police officials declined to comment.
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

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    Ca Patriot wrote:
    where is the video ? and i'd take a few batons for $6 million, lol
    Me too! Beat me until im unconscious for 6 million lol

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    Regular Member demnogis's Avatar
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    Look, the LEOs used the force necessary for Phoung Ho's safety.
    It's for the children. C'mon people.
    Gun control isn't about guns -- it is about control.

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    Regular Member We-the-People's Avatar
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    I didn't see anything in that video that would warrant a lawsuit. Yes, it sounded violent but without being able to see what was going on there is no way to determine (from that video) if there was excessive force or any other violation (by the student or the police).

    Where's the rest of the story?
    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
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    That wasnt the excessive force i was thinking when i heard 6 million dollar lawsuit. i think the cops where almost just in that case.

  7. #7
    Regular Member coolusername2007's Avatar
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    Here's another video with an interview of the victim. Based on the roommates allegation its hard to know whether or not this guy is a real threat. This video puts some context around the raw footage video.

    I agree with the victim though, during a sustained baton beating and tazing I probably wouldn't be turning over either. At that point I suspect you're no longer thinking clearly enough to follow directions that would be counter productive to self preservation.

    I see no reason for this kind of abuse, especially if there were 5-7LEO's there as he stated, and becausehe'salready on the ground. Batonning the crap out of somebody and tazing them instead of simply cuffing them cannot be tolerated.

    http://www.youtube.com/watch?v=h2ESn...layer_embedded#!
    "Why should judicial precedent bind the nation if the Constitution itself does not?" -- Mark Levin

  8. #8
    Regular Member We-the-People's Avatar
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    EVIDENCE is scant and so it will come down to the testimony of the two sides and which is more believable to a group of people chosen as a jury should this go to civil trial. I'm pretty sure we all know which sides version will be given more weight unless there is EVIDENCE to refute it.

    Not saying it's right, just saying that's the way it is.

    I would SUSPECT, from the audio that the batoning/tasering may have been excessive but barring something in a police report, personnel file, an officer coming forward, etc. does it meet the PREPONDERANCE OF EVIDENCE standard for a decision in a civil trial? Does it come CLOSE to that standard (in which case the department would most likely seek to settle out of court to avoid the possibility of a bigger loss)?

    I can't condone police overstepping their bounds but we must also exercise caution not to jump too far, too fast, at ever allegation of abuse. Have we forgotten the US Navy Seals who were so accused just a short time ago by a very nasty terrorist who claimed they abused him (as all terrorists are trained to claim, including self injury, to get the maximum PR out of their trials).


    "The Second Amendment speaks nothing to an unfettered Right". (Post # 100)
    "Restrictions are not infringements. Bans are infringements.--if it reaches beyond Reasonable bans". (Post # 103)
    Beretta92FSLady
    http://forum.opencarry.org/forums/sh...ons-Bill/page5

    Disclaimer: I am not a lawyer, nothing in any of my posts should be considered legal advice. If you need legal advice, consult a reputable attorney, not an internet forum.

  9. #9
    Anti-Saldana Freedom Fighter Sons of Liberty's Avatar
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    I was reading the OC Register on Sunday and came across an article where an excessive use of force case netted the victim $750,000. The on-line article also has a 5 minute video showing the incident.

    http://taxdollars.freedomblogging.co...tlement/56047/
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    I haven't watched the video so I can't really comment on that one but I know there are a few cases where the LEO do overstep thier bounds. In teh vast majority of the cases where the media gets all excited about it the victim had it coming in my opinion. I may be a little excessive but I doubt very much that I could show the kind of restraint that the cops do in not beating the so-and -so much worse. All said and done I think they should have been able to take a few more whacks at Rodney King.

    We are probably going to hear much more about this but I think this fan got what he deserved.

    http://nbcsports.msnbc.com/id/369296...orts-baseball/

  11. #11
    Campaign Veteran marshaul's Avatar
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    Ca Patriot wrote:
    where is the video ? and i'd take a few batons for $6 million, lol
    GlockFanatic943 wrote:
    Ca Patriot wrote:
    where is the video ?* and i'd take a few batons for $6 million, lol
    Me too! Beat me until im unconscious for 6 million lol
    (As if I didn't already know this based on who made the comments) I detect a bias towards apologia.

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    We-the-People wrote:
    EVIDENCE is scant and so it will come down to the testimony of the two sides and which is more believable to a group of people chosen as a jury should this go to civil trial. I'm pretty sure we all know which sides version will be given more weight unless there is EVIDENCE to refute it.

    Not saying it's right, just saying that's the way it is.

    I would SUSPECT, from the audio that the batoning/tasering may have been excessive but barring something in a police report, personnel file, an officer coming forward, etc. does it meet the PREPONDERANCE OF EVIDENCE standard for a decision in a civil trial? Does it come CLOSE to that standard (in which case the department would most likely seek to settle out of court to avoid the possibility of a bigger loss)?

    I can't condone police overstepping their bounds but we must also exercise caution not to jump too far, too fast, at ever allegation of abuse. Have we forgotten the US Navy Seals who were so accused just a short time ago by a very nasty terrorist who claimed they abused him (as all terrorists are trained to claim, including self injury, to get the maximum PR out of their trials).

    I would agree with you on all your points except I think you use a bad example. The Navy Seal was a combatant and the terrorist was a combatant. There are different laws pertaining to warfare and policing. Obviously the Seal busted a dude a good one who cares though seriously. Cops on the other hand are our employees and should be proceeding with all caution and due respect when dealing with the public.

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