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Cops disarmed and arrested OC'er, cops lose.

OC for ME

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Jan 6, 2010
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White Oak Plantation
Officers blamed the mistake on an outdated “cheat sheet” they use, in lieu of actually knowing the law they are charged to uphold.
Of course they blame the "cheat sheet." If ever a case for not settling manifests itself that was the case. Another opportunity down the drain.

Police Chief Pete Carey ordered an internal review and demanded that the cheat sheet be scrubbed until it was in compliance with the law.
Uh, chief, how on earth are your minions to enforce the laws if they don't have a cheat sheet. Do you expect them to know the laws they are charged to enforce?

Chief, you have bigger issues to deal with than a cheat sheet methinks.
 

eye95

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Jan 6, 2010
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13,524
Location
Fairborn, Ohio, USA
When the article says, "Police in the City of Colorado Springs were forced to pay $23,500," do they mean the officers themselves or the department? I hope it is the officers themselves. The more that officers have to dig into their own pockets, the more careful they will be to respect the rights of people they encounter.
 

Fallschirjmäger

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Aug 4, 2007
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Location
Cumming, Georgia, USA
When the article says, "Police in the City of Colorado Springs were forced to pay $23,500," do they mean the officers themselves or the department? I hope it is the officers themselves. The more that officers have to dig into their own pockets, the more careful they will be to respect the rights of people they encounter.
More than likely, their union.
Even if the check has their handwritten signature, the union will have reimbursed the officers.

I'm just amazed that an officer Finally gave such good advice, although I'm sure it was unintentional.
 

eye95

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Even if the union reimburses, more and more of these decisions will cause the unions to take a closer look at the portion they pay and even whether they pay. Behaviors that they will not pay for will be defined. Repeat payments may be denied, etc.

Judgments against the officers will have a more positive effect than judgments against the departments.


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MSG Laigaie

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Jan 10, 2011
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Philipsburg, Montana
Due to first hand knowledge in events of this type, the City, (ie. taxpayers) footed the bill. SVG and I had to drag Bellinghams finest into "lawsuit land" to get their attention. LEOs do not pay.
 

eye95

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Fairborn, Ohio, USA
The LEOs in Alamogordo with found individually liable. That is why I asked. If anyone knows the citation for the case, we can look it up.


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Fallschirjmäger

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Being personally liable, doesn't necessarily mean it will come out of someone's personal pockets.

If, for instance you are suing me because my SnickerDoodle shebanged your Whatzinator and I was found personally liable to you in the amount of Ten-thousand smackers, there's no point of law that would prevent my Nana from giving me 10,000 smackers to reimburse me. I'd be a lot more happier with a minimal award and having Officer Friendly perform community service (in my community where I could sit back on my recliner and watch, of course.)

Even having the city/county/state financially responsible doesn't really "come out of the pocketbooks of the citizenry" it comes from funds that have been collected for that year. Either there's going to be a tax increase the next year or those funds will never again be available to the city/county/state. One might as well say any financial penalty for any corporation in the world "comes out of the pocketbooks of the customer" as that's where the money the corporation earns comes from.
 

onus

Regular Member
Joined
Aug 15, 2013
Messages
699
Location
idaho
When the article says, "Police in the City of Colorado Springs were forced to pay $23,500," do they mean the officers themselves or the department? I hope it is the officers themselves. The more that officers have to dig into their own pockets, the more careful they will be to respect the rights of people they encounter.

I thought that you didn't like people who won lawsuits against police ?
 

sudden valley gunner

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Dec 13, 2008
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16,674
Location
Whatcom County
Due to first hand knowledge in events of this type, the City, (ie. taxpayers) footed the bill. SVG and I had to drag Bellinghams finest into "lawsuit land" to get their attention. LEOs do not pay.

+1 And apparently our city isn't allowed into the insurance pool created by many cities of the states......we have our suspicions why.
 

davidmcbeth

Banned
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Jan 14, 2012
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16,167
Location
earth's crust
I just had a cop tell me what a law was (incorrectly) .. I told him he didn't know diddly and that he was violating the law.

Then he said "what law says this" I told him I was not a teacher .... that he is responsible to know every law that is one the books, just like everyone else, so his ignorance is no excuse. So do something or piss off ... oddly, he pissed off.
 

davidmcbeth

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earth's crust
Several defendants .... and the plaintiff settles for 23K .... that's not a settlement, its go-away money that any suit would be offered that passed a summary judgement portion of pre-trial.

Don't settle for less than 40K/defendant ....

I'm sure the guy had to pay lawyers fees (guessing 8K) so that now 15K ... is this income under IRS rules ? If so, now he's down to 10K.

Ain't worth the 10K in effort really ....

I let 10K in my pocket cases pass all the time ...
 

countryclubjoe

Regular Member
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Mar 3, 2013
Messages
2,505
Location
nj
Several defendants .... and the plaintiff settles for 23K .... that's not a settlement, its go-away money that any suit would be offered that passed a summary judgement portion of pre-trial.

Don't settle for less than 40K/defendant ....

I'm sure the guy had to pay lawyers fees (guessing 8K) so that now 15K ... is this income under IRS rules ? If so, now he's down to 10K.

Ain't worth the 10K in effort really ....

I let 10K in my pocket cases pass all the time ...


Under a USC 42 section 1983 litigation, the defendant is responsible for any and all attorney cost(s) hence the beauty of a 1983 litigation.

In my opinion the best redress against any government agency is USC 42 section 1983..

My .02

CCJ
 

OC for ME

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White Oak Plantation
The best redress is the ending of the offending cop's career in LE. That mitigates any future litigation due to his nitwittery. Insurance companies like risk mitigation. Cop unions need to pay these insurance rates, not tax payers, if tax payers pay them that is.
 

eye95

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Jan 6, 2010
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Location
Fairborn, Ohio, USA
The best redress is the ending of the offending cop's career in LE. That mitigates any future litigation due to his nitwittery. Insurance companies like risk mitigation. Cop unions need to pay these insurance rates, not tax payers, if tax payers pay them that is.

We ended Officer Harless' career in Ohio!

Oh...wait...no, we didn't. He belonged to a union.
 

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
The best redress is the ending of the offending cop's career in LE. That mitigates any future litigation due to his nitwittery. Insurance companies like risk mitigation. Cop unions need to pay these insurance rates, not tax payers, if tax payers pay them that is.

We ended Officer Harless' career in Ohio!

Oh...wait...no, we didn't. He belonged to a union.

Good reasons to show why public unions are just plain wrong.
 

Deanimator

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Sep 21, 2007
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Rocky River, OH, U.S.A.
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...
 
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