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Another reason why one should not consent to a search!

hermannr

Regular Member
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Mar 24, 2011
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Okanogan Highland
I see 80,000+ asking for Judicial review of their convictions, and then a very large class action law suit...Oh, NYPD is in deep dodo
 

Redbaron007

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Joined
Sep 10, 2011
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1,613
Location
SW MO
I see 80,000+ asking for Judicial review of their convictions, and then a very large class action law suit...Oh, NYPD is in deep dodo

My guess is they will try to fight these in court...cheaper than trying to settle each one. IIRC, class action suits are for civil cases, these would be criminal. Plus I don't think you can do a class action against a governmental agency.

Please, if someone else has more info, please contribute.
 

skidmark

Campaign Veteran
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Jan 15, 2007
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Valhalla
My guess is they will try to fight these in court...cheaper than trying to settle each one. IIRC, class action suits are for civil cases, these would be criminal. Plus I don't think you can do a class action against a governmental agency.

Please, if someone else has more info, please contribute.

If (big IF) you can break soverign immunity - probably by showing deliberate indifference in this situation - you can sue the government without their permission. Show that deliberate indifference across the board and you have a class-action suit. I just doubt anyone can prove the administration both knew of and condoned the specific behavior.

I respectfully disagree that fighting each case would be cheaper than settling. Going to court is just as expensive for .gov as it is for the individual citizen. They are just better equipped to fund the expense by shifting funds from one expense account to the other - but it still means someone, somewhere is going to get shorted to meet the bill. Spent too many years as a .gov bureaucrat involved in trying to keep .gov out of court not to understand how that works.

stay safe.
 

Redbaron007

Regular Member
Joined
Sep 10, 2011
Messages
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Location
SW MO
.....I respectfully disagree that fighting each case would be cheaper than settling. Going to court is just as expensive for .gov as it is for the individual citizen. They are just better equipped to fund the expense by shifting funds from one expense account to the other - but it still means someone, somewhere is going to get shorted to meet the bill. Spent too many years as a .gov bureaucrat involved in trying to keep .gov out of court not to understand how that works.

stay safe.

I based my assumption on fighting them in the context of not all 80k cases would not be reviewed. What better way to deflate the plaintiff then to tell them the case might not be heard for another 2+ years or so. In dealing with some of the prosecutors’ offices in the past, this was a tactic to weed out the chaff.

OTOH...if all 80k have to be reviewed, they will most certainly settle behind closed doors and/or out of the system. :eek:
 

hermannr

Regular Member
Joined
Mar 24, 2011
Messages
2,330
Location
Okanogan Highland
My guess is they will try to fight these in court...cheaper than trying to settle each one. IIRC, class action suits are for civil cases, these would be criminal. Plus I don't think you can do a class action against a governmental agency.

Please, if someone else has more info, please contribute.

Yes they will start out in Criminal court, and I would suspect that anyone that was convicted of simple posession would be freed, had their record expunged..

However, after that is done,,,then the federal civil rights, false imprisonment, malicious prosecution, etc, etc, civil law suits will follow as soon as these guys leave prison.

Believe me, there are a lot of NYC lawyers that would love to be in on that feeding frenzy. Some of the "best" personal injury (read ambulence chasers) will be at the front of that bus.

I also can see NYC trying to tax the "earnings" of these suits...:)
 
Last edited:

RetiredOC

Campaign Veteran
Joined
Dec 21, 2009
Messages
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post count

That's what I figured you were going for with most of your posts here. It shouldn't be something to strive for, this isn't GlockTalk, where your credibility is based of your post count.

sent from my phone, excuse my grammar/spelling errors
 
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