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Message
re: Former Olympic Athlete turned nurse handcuffed by Billy Badass cop
Posted on 9/1/17 at 10:58 pm to Five0
Posted on 9/1/17 at 10:58 pm to Five0
quote:
Court order, sure.
Which can get appealed all the way up the food chain...
Five0, whats the odds the LEO has a valid qualified immunity defense for a 1983 claim?
I dont see how he would, but I am just married to a legal eagle, not one myself... whats your opinion?
2
Posted on 9/1/17 at 11:03 pm to NYNolaguy1
quote:
whats the odds the LEO has a valid qualified immunity defense for a 1983 claim?
The CDL is his saving grace for acting under the color of law. However, the use of force standards are going to rape him and rightfully so.
Posted on 9/1/17 at 11:04 pm to NYNolaguy1
Police are basically judgment proof.
He would have to prove the Department instructed him and that it was beyond negligent. No good faith investigation, a pattern or history of this and it was malicious.
Basically he would have to show the cops were trying to set him up for a fake blood sample - and the cops easy defense is...everything but the kitchen sink.
He would have to prove the Department instructed him and that it was beyond negligent. No good faith investigation, a pattern or history of this and it was malicious.
Basically he would have to show the cops were trying to set him up for a fake blood sample - and the cops easy defense is...everything but the kitchen sink.
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