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Started By
Message
re: Family invites sheriff to inspect their med. weed dispensary; instead they raid
Posted on 3/31/16 at 8:55 am to GetCocky11
Posted on 3/31/16 at 8:55 am to GetCocky11
quote:
Annette Shattuck says that since the charges have been dismissed, the Drug Task Force has returned some of her property. But much of it is damaged. Electronic items are missing power cords and remotes. Her and her husband’s phones were smashed. They returned her husband’s guns and the safe he stored him in, but they didn’t return the key. Two of the kids’ insurance cards are missing. Shattuck says her marriage and birth certificates haven’t been returned, and since the Task Force does not itemize seized documents in its paperwork, it has no record of taking them in the first place.
Hire an attorney. Demand that they replace all damaged and lost items, expedite the reissue of marriage license, and do this without signing a release of liability. Then sue the ever loving shite out of the police, the Township, the DA and the judge.
What a disgrace.
2
Posted on 3/31/16 at 8:59 am to burdman
quote:
Didn't happen here.
Obviously, but that's not what I said.
Posted on 3/31/16 at 8:59 am to GRTiger
quote:
Then sue the ever loving shite out of the police, the Township, the DA and the judge.
Do people honestly think this works? The judge has absolute immunity, and the DA and cops have qualified immunity.
They won't get a penny in a civil suit based on the facts I see.
Posted on 3/31/16 at 9:01 am to GRTiger
quote:
Hire an attorney. Demand that they replace all damaged and lost items, expedite the reissue of marriage license, and do this without signing a release of liability. Then sue the ever loving shite out of the police, the Township, the DA and the judge.
What a disgrace.
As mentioned earlier, qualified immunity of the Task Force might make that difficult.
I wouldn't be surprised if the department slow walked making this right to avoid the appearance that they did anything wrong. Admitting guilt is frowned upon by municipalities. In fact I am surprised they even gave back what was seized. They could have made the family fight through civil court to get it back once it was forfeited.
Posted on 3/31/16 at 9:03 am to FalseProphet
What about the actual police department? The township as a whole? I would think that immunity may be covered for criminal charges, but even civil?
Could you technically sure the cops estates individually?
Could you technically sure the cops estates individually?
Posted on 3/31/16 at 9:05 am to FalseProphet
quote:
Do people honestly think this works? The judge has absolute immunity, and the DA and cops have qualified immunity.
They won't get a penny in a civil suit based on the facts I see.
On the facts of the case maybe, but does the local govt want to have all of the decision making facts come out at trial? That won't paint the town in a good light. Might be enough to settle out of court.
Posted on 3/31/16 at 9:05 am to 50_Tiger
Immunity for the police department. The township didn't arrest or incarcerate them (Sheriff's office is a separate political entity), so you wouldn't have much of a case against the, either.
And yes, it is immunity from civil suit.
And yes, it is immunity from civil suit.
Posted on 3/31/16 at 9:08 am to NYNolaguy1
Not painting the town in a good light is not the same as civil liability. as I stated in an earlier post,mthe town is not responsible for you failing to follow state law.
It's your responsibility to ensure that you do, despite what the town tells you.
It's a bitch, and I deal with it far to often.
It's your responsibility to ensure that you do, despite what the town tells you.
It's a bitch, and I deal with it far to often.
Posted on 3/31/16 at 9:12 am to GetCocky11
The definition of travesty
Posted on 3/31/16 at 9:17 am to FalseProphet
quote:
mthe town is not responsible for you failing to follow state law.
When there's an approval process and the town signs off on all of the buidling permits, commercial licenses, and certificates of occupancy, yes they are responsible for making sure you follow the law.
Then shortly after saying it's OK for you to do it, in writing, multiple times, they send the stormtroopers in to take everything you own and lock you up for the rest of your life, while terrorizing your kids at gunpoint.
Are you suggesting that permits, licenses, etc have no value even after being issued by a legit govt agency?
Posted on 3/31/16 at 9:20 am to NYNolaguy1
quote:
Are you suggesting that permits, licenses, etc have no value even after being issued by a legit govt agency?
If the permit is incorrectly issued, why should it have value? What would stop some "entrepreneur" that worked at a permitting agency from issuing permits when they shouldn't for a little extra spending money?
This post was edited on 3/31/16 at 9:21 am
Posted on 3/31/16 at 9:20 am to NYNolaguy1
You have it wrong. I'm sure they followed town ordinances and such, and that the town thought it was okay.
The sheriff is a separate political body, over which the town has no control. If the sheriff determined they violated state law, it isn't even remotely the towns fault.
The sheriff is a separate political body, over which the town has no control. If the sheriff determined they violated state law, it isn't even remotely the towns fault.
Posted on 3/31/16 at 9:21 am to NYNolaguy1
quote:
“The deputies kept the children lined up on the couch at gunpoint, refusing even to remove their masks to help calm the kids
If this doesn't enrage you I don't know what will. At least they've learned early that the cops aren't on their side. The cops aren't on anyone's side but their own.
Posted on 3/31/16 at 9:21 am to FalseProphet
It does work. Not as often as it should, and maybe not with the judge (I just tossed him in to be all inclusive), but I bet they would at least get a settlement that included some damages, replacing all of there stuff and a public apology, which is always nice coming from assholes who think they are above the law.
If they can be restored as best as possible, it would be a big win, since the case has already resulted in the DA changing their policies.
If they can be restored as best as possible, it would be a big win, since the case has already resulted in the DA changing their policies.
Posted on 3/31/16 at 9:22 am to GetCocky11
(no message)
This post was edited on 3/31/16 at 10:06 am
Posted on 3/31/16 at 9:23 am to GRTiger
quote:
and a public apology
For what? From the article:
quote:
Technically, Shattuck’s dispensary should not have been approved by the town planning commission
Posted on 3/31/16 at 9:24 am to GRTiger
Yea, that's just not true. I've never seen a public apology come out of one of these cases, and yea, you might get a settlement, but it's only to save the public entity the money from having to defend your suit.
Lawyers cost more than your civil rights, FYI.
Lawyers cost more than your civil rights, FYI.
Posted on 3/31/16 at 9:26 am to GetCocky11
This is why people hate cops.
Posted on 3/31/16 at 9:27 am to LNCHBOX
quote:
If the permit is incorrectly issued, why should it have value?
If that's the case, it's certainly not the fault of the applicant. It's the government's job to oversee and approve new applicants based on the law.
As I read it, that's essentially the reason the judge dismissed all of these charges. It's not OK for one branch of govt to give you approval, then once enacted come back and lock you up for doing the thing you got approved for.
quote:
What would stop some "entrepreneur" that worked at a permitting agency from issuing permits when they shouldn't for a little extra spending money?
I didn't read how that happened here.
Posted on 3/31/16 at 9:29 am to GetCocky11
Stop federal incentives for drug arrests at the local level is where I'd start.
This post was edited on 3/31/16 at 9:30 am
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