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Started By
Message
re: Jury awards $18 to innocent black man who was punched, tasered and arrested
Posted on 8/31/16 at 7:47 am to tLSU
Posted on 8/31/16 at 7:47 am to tLSU
quote:
The attorneys fees will be reduced in proportion to the degree of success obtained. They aren't getting $50k on a 1983 case that paid $18.
I'm not positive, but I believe he is referencing the attorney fees for the defendant that could be passed on to the plaintiff.
I'm not sure how this rule 68 works, but if possible, I'd imagine the city just eats the defense charges to lessen the blowback. This isn't exactly the kind of PR you want to keep out there by passing on the charges to the guy who undeniably violated by your 3 officers who have a piss-poor track record to say the least.
Posted on 8/31/16 at 7:49 am to slackster
quote:
According to Agostino, the city did offer $15,000 to settle the case.
I would wager that this is more money than his entire household makes in two years and it would be flushed away within a month in any event.
This post was edited on 8/31/16 at 7:50 am
Posted on 8/31/16 at 7:50 am to Street Hawk
Clickbait title and you conveniently left out this part of the story.
This is a story about a piss poor lawyer period.
quote:
In civil rights lawsuits, damages are usually measured by medical bills, lost wages, property damage, post-traumatic stress, psychological treatment, impairment and others, Agostino said. But in this case, no such evidence was presented, so the jury awarded the plaintiffs the default amount of $1, he said.
This is a story about a piss poor lawyer period.
Posted on 8/31/16 at 7:52 am to DaTroof
quote:
Says the guy who didn't get his house broken into and his arse beat and tased and falsely accused when did absolutely nothing wrong. These police officers are the rogue thug type that clearly abuse power and get away with it. They need to be fired.
I wholeheartedly agree with the latter half of your statement, but the attorney himself said $100k to $300k was a typical type of award. I understand he is playing the game but there is no denying $1MM is outrageous.
Posted on 8/31/16 at 7:54 am to meauxjeaux2
quote:
Clickbait title and you conveniently left out this part of the story.
"No such evidence was presented" is a comment from the defense attorney. Of course that is what he'll say, and it may be correct, but you have to take it with a grain of salt considering the source.
Posted on 8/31/16 at 7:55 am to slackster
quote:but the attorney himself didn't have any evidence period. He just thought he'd waltz in there,claim racism and civil rights violations without having any evidence to present to the jury.
but the attorney himself said $100k to $300k was a typical type of award
Posted on 8/31/16 at 7:57 am to slackster
quote:
I'm not positive, but I believe he is referencing the attorney fees for the defendant that could be passed on to the plaintiff.
I don't think the defendants can claim any fees, they weren't the prevailing party.
Posted on 8/31/16 at 7:59 am to Street Hawk
quote:
It was just all a big shock and disturbance.”
quote:
He was also Tasered,
Dey trollin'
Posted on 8/31/16 at 8:02 am to ManBearTiger
quote:
I would wager that this is more money than his entire household makes in two years and it would be flushed away within a month in any event.
You know it isn't the blatant racism that bothers me quite as much as the pure ignorance...
quote:
DeShawn Franklin now works at the University of Notre Dame, where he sets up equipment and moves furniture. He plans to attend a community college to pursue a general studies degree or possibly study business.
He said the meager settlement he and his family received is hard for him to accept, but it is also out of his control.
“No one would feel it’s appropriate for your constitutional rights to be valued at a dollar,” he said. “I can’t really say how much it would be worth, but no one’s life is really worth that amount of money, you know.”
All he can do now, he said, is move on.
“You got to still get up and try to make the best of every situation you have,” he said.
That is the plaintiff. He has a job and has refused to be on camera. He isn't personally searching for attention. I understand it is difficult for you to put aside your prejudice and racism, but it is quite plausible that Mr. Franklin is a perfectly normal, hard-working American tax payer whose civil rights were blatantly violated. The fact that he is black doesn't preclude any of those things.
Posted on 8/31/16 at 8:03 am to meauxjeaux2
quote:
but the attorney himself didn't have any evidence period. He just thought he'd waltz in there,claim racism and civil rights violations without having any evidence to present to the jury
more like he thought he could prove civil rights violations alone and that would be enough for a big damages award. he proved evidence of that and the jury agreed there were violations. he apparently didn't show evidence of other related damages that would actually get him the big money.
Posted on 8/31/16 at 8:05 am to meauxjeaux2
quote:
but the attorney himself didn't have any evidence period. He just thought he'd waltz in there,claim racism and civil rights violations without having any evidence to present to the jury.
Obviously the jury didn't think there was enough evidence of monetary damages, but he may have still tried to present some. Additionally, there is really no debate that Franklin's civil rights were violated. The attorney for the officers admitted as much. The only issue seems to be a piss-poor presentation of damages or a piss-poor jury.
Posted on 8/31/16 at 8:05 am to Street Hawk
So after attorney's fees and court costs the man will likely get about $3.50. I'd say he got blindsided by that award.
Posted on 8/31/16 at 8:06 am to slackster
quote:
DeShawn Franklin now works at the University of Notre Dame, where he sets up equipment and moves furniture. He plans to attend a community college to pursue a general studies degree or possibly study business.
He moves furniture for a living- a job reserved for high-functioning retards and lebesian women. Point to where I was racist in thinking him a financially inept clown for not taking the settlement?
Posted on 8/31/16 at 8:09 am to slackster
quote:i agree
The only issue seems to be a piss-poor presentation of damages or a piss-poor jury.
Posted on 8/31/16 at 8:12 am to ManBearTiger
quote:
He moves furniture for a living- a job reserved for high-functioning retards and lebesian women. Point to where I was racist in thinking him a financially inept clown for not taking the settlement?
You said $15k is more than his entire household makes in two years and it would have been gone in a month anyway. On what planet is that anything other than a racist remark?
Posted on 8/31/16 at 8:14 am to QJenk
quote:That dude clearly does not realize that.
You do realize you dont have to automatically be against the black man's side right
Posted on 8/31/16 at 8:15 am to slackster
quote:is a stereotypical remark a racist remark?
On what planet is that anything other than a racist remark?
Serious question
Posted on 8/31/16 at 8:20 am to slackster
quote:i wouldn't even waste my time
slackster
The racist undertones on this board are all over the place and you can usually see a pattern of the same posters. It's funny because they always have their canned arguments to tell you how they aren't racist. Also just look at the quick upvotes an obvious racist post will get and downvotes anyone calling out a racist post gets.
I'd have much more respect for the racist If they would just own it. But I wonder if they actually struggle with the racism and actually deny the truth to themselves.
Posted on 8/31/16 at 8:23 am to Street Hawk
There's no consistency in our judicial system. No knock raids are too life or death to have such little quality control/recon b4 being greenlit.
Oops, wrong house, here's $17 & a long arse court case is not acceptable.
Oops, wrong house, here's $17 & a long arse court case is not acceptable.
Posted on 8/31/16 at 8:24 am to meauxjeaux2
quote:
is a stereotypical remark a racist remark?
Serious question
Not necessarily, but combine it with some hyperbole and yes, it is. The median black household income is $33k. The previous poster just wanted to get in his shots because they were black, plain and simple.
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