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Deputy, confused, shoots man with gun, thinking it was taser - 4th circuit says OK

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
What is REALLY disturbing about this ruling is not so much the ruling itself, but the MASSIVE body of MD 4th Circuit case precedent that was quoted to support this ruling...

http://findarticles.com/p/articles/mi_qn4183/is_20080707/ai_n27903218/pg_3/

Apparently, in the MD 4th Circuit, there is a long history of "oopsies" where LEOs "accidentally" shoot "suspects" and get off scott free. Shooting the wrong person, hitting an innocent bystander, using a firearm instead of a tazer, etc, etc, etc. And the 4th Circuit seems to let them off, without ANY sanction, reprimand, or punishment every time.

The "take away lesson" in this case is, if you are doing something illegal, or you are even standing NEAR someone who is doing something illegal, or even questionable, and you DON'T want to get "accidentally" shot, you'd best not do it in the 4th Circuit of MD, because there is a MOUNTAIN of case precedent that the LEA's know about which will pretty much excuse, brush off, and otherwise give a pass to any LEO who "accidentally" shoots someone, for any reason, in any situation...

Yeah, the REAL travesty here is the historic judgment of the Court in these types of shootings, and how they have essentially established a "pass card" for MD LEOs who injure, maim, or even kill people through negligent use of their firearms.

Two sets of law create two classes of people. And in MD, the the two class system of "the Rulers" and "the ruled" has decades of legal case precedent. They might as well just make a statute officially declaring MD a Serfdom, because at least in the eyes of the Courts, that is the FACT of the matter under Common Law.
 
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The Donkey

New member
Joined
Sep 21, 2006
Messages
1,114
Location
Northern Virginia
What is REALLY disturbing about this ruling is not so much the ruling itself, but the MASSIVE body of MD 4th Circuit case precedent that was quoted to support this ruling...

http://findarticles.com/p/articles/mi_qn4183/is_20080707/ai_n27903218/pg_3/

Apparently, in the MD 4th Circuit, there is a long history of "oopsies" where LEOs "accidentally" shoot "suspects" and get off scott free. Shooting the wrong person, hitting an innocent bystander, using a firearm instead of a tazer, etc, etc, etc. And the 4th Circuit seems to let them off, without ANY sanction, reprimand, or punishment every time.

The "take away lesson" in this case is, if you are doing something illegal, or you are even standing NEAR someone who is doing something illegal, or even questionable, and you DON'T want to get "accidentally" shot, you'd best not do it in the 4th Circuit of MD, because there is a MOUNTAIN of case precedent that the LEA's know about which will pretty much excuse, brush off, and otherwise give a pass to any LEO who "accidentally" shoots someone, for any reason, in any situation...

Yeah, the REAL travesty here is the historic judgment of the Court in these types of shootings, and how they have essentially established a "pass card" for MD LEOs who injure, maim, or even kill people through negligent use of their firearms.

Two sets of law create two classes of people. And in MD, the the two class system of "the Rulers" and "the ruled" has decades of legal case precedent. They might as well just make a statute officially declaring MD a Serfdom, because at least in the eyes of the Courts, that is the FACT of the matter under Common Law.

Hate to tell you this, Dreamer, but it is not just the "Maryland" Fourth Circuit: it is the US Court of Appeals for the Fourth Circuit.

So this obnoxious doctrine and this long list of bad precedents not only apply to all of Maryland, but to West Virginia, South Carolina, to me in Virginia, and to you in North Carolina.

And yes, it gets even worse: while the Fourth Circuit has dealt with far more qualified immunity and excessive force cases than has the Supreme Court, what is going on in the Fourth Circuit is generally consistent with the Supreme Court's approach.

Few people of any political stripe recognize what a problem this is.

It is a special problem for those who openly carry guns.

So your advice is good everywhere.

And what is more, we need to elect Senators and Presidents who will appoint and confirm judges who recognize this problem, and will do something about it.
 

Sonora Rebel

Regular Member
Joined
Aug 6, 2008
Messages
3,956
Location
Gone
Let's all agree that the LEO intended to use a taser during a situation and used his firearm instead.

Just my 2 cents to put in a LEO point of view.

Let's not assume that he did. Let's assume it's a convienient alibi for an unjustifiable shooting. A taser feels nothing like a Glock (in hand). A taser feels nothing like a Glock (or any other handgun) when drawing it. I don't blame the trainers or any other damned thing including the position of either on the duty belt. This badged idiot used unjustifiable deadly force against a citizen. Let's agree on that instead.

My 2 cents as an ex-cop.
 
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JoeSparky

Centurion
Joined
Jun 20, 2008
Messages
3,621
Location
Pleasant Grove, Utah, USA
The officer INTENDED to use the tasar. HE FAILED and used a firearm instead, so this officer was negligent and by extension those who trained him ect.

He should be held liable (NOT CRIMINAL) for his actions but I am glad I am not on his jury....


At least in the Oakland, Ca tragedy it was very evident to me by the various videotapes of the incident available on the internet that the officer was TRULY surprised that the weapon used was NOT HIS TASER. Did the other officer have this type of evidence to support is claim of...."I used the wrong tool" defense? Note my ASSUMPTION in the first line of my original posting quoted above.... I should have placed the word "IF" at the very front of the entry.
 

Repeater

Regular Member
Joined
Nov 5, 2007
Messages
2,498
Location
Richmond, Virginia, USA
Appeals court in Va revives suit against Md officer who mistakenly fired gun

Well!

The Fourth Circuit, En Banc, reversed an earlier panel ruling, and have now revived a lawsuit against a cop who shot a man with a gun instead of a Taser:
A federal appeals court has reinstated a Maryland man's lawsuit against a police officer who mistakenly shot him with a handgun instead of a Taser.

The 9-3 ruling Thursday by the 4th U.S. Circuit Court of Appeals in Richmond reversed a three-judge panel's ruling dismissing Frederick Henry's lawsuit against Robert Purnell.

The appeals court's majority said Purnell should have known he was holding the Glock because it was heavier than the Taser and operated differently.

The minority said it was an honest mistake.

Look, is there anyone here who would 'honestly' mistake a gun for a taser? Really?

Read the opinion beginning at page 13. Fascinating.

The dissent basically would give rogue cops a free-pass under the rationale that their conduct was an honest mistake instead of malicious.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
"Honest mistake..." Like the Holocaust. Afterall, the Nazis equated Jews with vermin. Just like the cops do with subjects. Maybe some type of justice will finally come out of this. Lese majeste is the Gulag of MD's state motto.
 
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