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Started By
Message
1
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?
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.
Posted on 9/1/17 at 11:09 pm to mizzoubuckeyeiowa
You know not of what you speak.
Posted on 9/1/17 at 11:12 pm to Five0
quote:
The CDL is his saving grace for acting under the color of law.
Even re Birchfield?
At least when I read it it seemed there wasnt a carveout for CDL's...
Posted on 9/1/17 at 11:26 pm to NYNolaguy1
Missouri v. McNeely, 569 U.S. 141 (2013).
Is a better starting point. The issue here is the driver in question was not suspected of DUI. That is a big deal.
Is a better starting point. The issue here is the driver in question was not suspected of DUI. That is a big deal.
Posted on 9/1/17 at 11:29 pm to Five0
Rare, rare cases...where they will face anything in the real world.
And I'm not talking about law school bullshite you're spouting.
And I'm not talking about law school bullshite you're spouting.
Posted on 9/1/17 at 11:56 pm to mizzoubuckeyeiowa
You seem like a very sophisticated type. Have a good weekend.
Posted on 9/2/17 at 12:24 am to mizzoubuckeyeiowa
quote:
And I'm not talking about law school bullshitee you're spouting.
Imagine a physician recommending a safe, and life-saving treatment for some condition, and a person says he doesn't want that "med school" crap
Posted on 9/2/17 at 12:41 am to buckeye_vol
quote:
Imagine a physician recommending a safe, and life-saving treatment for some condition, and a person says he doesn't want that "med school" crap
That's not what I'm talking about...and it's not a very good analogy.
There's real world and law school world and everyone learns that..and I was responding to theory and people who spout cases in support of something that would never happen or be successful.
But you are making a false argument...medicine and results based on science vs. theory and presumption.
Real world this victim of this cop would face a mountain to climb to get redress...and with the cops qualified immunity (the blue wall) on an apparent or argued lawful pursuit - the victim would have to show extradorinary circumstances...that the department had a history of being reckless, etc. and then face the department and the Union.
And going back to the invasion of the blood...that is minimal monetary gain...so the real issue is the pursuit and crash. Especially how injured the guy is...and/if/or how reckless the cops were.
Posted on 9/2/17 at 2:08 am to Five0
quote:Where in the law concerning CDL's does it allow the police to obtain blood samples without a subpoena?
The CDL is his saving grace for acting under the color of law.
Posted on 9/2/17 at 2:11 am to novabill
quote:No, unless the situation was life threatening or in the course of an arrest (exit the vehicle, reasonable commands). Even then...
Can a officer or even a judge require a medical official to do their bidding?
ETA: a judge can, but that assumes legal representation and due process.
This post was edited on 9/2/17 at 2:13 am
Posted on 9/2/17 at 4:01 am to mmcgrath
Everyone is talking law and I'm still trying to figure out how a cop can actually HEAR a person being told by their boss they can't take an action and the officer arrests........ The employee?
The man is apparently functionally retarded.
The man is apparently functionally retarded.
Posted on 9/2/17 at 8:38 am to anc
Anyone catch this nugget in the article?
quote:
Porter said what is just as disturbing are comments caught on Payne's body camera video while he was talking to another officer. Payne can be heard talking about his other job as an ambulance driver, and how Wubbels' arrest might affect that.
"I'll bring 'em all the transients and take the good patients elsewhere," he is heard saying about the hospital.
Posted on 9/2/17 at 8:38 am to anc
Double post
This post was edited on 9/2/17 at 8:39 am
Posted on 9/2/17 at 9:13 am to ShortyRob
quote:
Everyone is talking law and I'm still trying to figure out how a cop can actually HEAR a person being told by their boss they can't take an action and the officer arrests........ The employee?
The man is apparently functionally retarded.
The cop is a complete idiot. Couldn't stand to be told no (even by a hospital supervisor) so he lashes out at the only one present. He is mental and needs to be booted off the force.
Posted on 9/2/17 at 9:42 am to cornhat
quote:
"I'll bring 'em all the transients and take the good patients elsewhere," he is heard saying about the hospital.
The LSU nurse and her nail biting are the reason he thinks this is cool.
Posted on 9/2/17 at 9:43 am to Chrome
quote:The guy who told him to arrest her needs to be suspended and lose his job as well. Stinks from the head.
The cop is a complete idiot. Couldn't stand to be told no (even by a hospital supervisor) so he lashes out at the only one present. He is mental and needs to be booted off the force.
Posted on 9/2/17 at 10:48 am to DisplacedBuckeye
quote:
The LSU nurse and her nail biting are the reason he thinks this is cool.
That about me? I'm a guy. Sorry no pics. Unless you want a dick pic.
I just made the point that you do not want an adversarial relationship between ER/hospital and EMS/Po-Po. That numbnut statement helps my point. That shite DOES happen. They can bring you solid turds for a week or two. While sending another hospital all the BCBS patients. In addition the police will do their job if shite broke out in an ER but they won't break their necks getting to a call if they feel, to a man, that the staff fricked over their guy.
But again. I had the parties in the actual crash reversed. Thought the turd survived. It's the other way round. So I am out.
frick that cop.
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