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re: Can JJ sue for false imprisonment or something similiar

Posted on 8/31/11 at 8:31 am to
Posted by etm512
Mandeville, LA
Member since Aug 2005
20998 posts
Posted on 8/31/11 at 8:31 am to
Yep, a drunk eyewitness in a dark parking lot.

Not saying for sure he did or didn't do it, just that we dont know shite.
Posted by willhigg6
New Orleans
Member since Jun 2010
1039 posts
Posted on 8/31/11 at 8:32 am to
quote:


quote:
To be fair nobody here knows if anyone on the team has done that.


Eyewitnesses have said 100% Jordan Jefferson bent his head like Beckham.


I have to agree with the funny kid movie reference. Well played
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 8/31/11 at 8:33 am to
quote:

Eyewitnesses have said 100% Jordan Jefferson bent his head like Beckham.


As of right now, there are two confirmed "eye witnesses" that claim this. One is the guy claiming to have been kicked, the other is a chick that knows him. And neither were still at the scene when the police first arrived to respond to the fight.

But hey...like Doc said, he's a mediocre QB, why defend him, right? That's what this is clearly about for most LSU "fans" anyway.

For frick's sake...I feel like Tom Cruise the night before cross examining Jack Nicholson in A Few Good Men where he's explaining to Demi Moore and Kevin Pollack that he just KNOWS Col. Jessop wants to tell everyone he ordered the Code Red. Just admit the piling on of one of LSU's own has more to do with him not entertaining you as well as you feel you're entitled to than it does about "justice" in this case and be done with it...

"YOU'RE GOD DAMNED RIGHT IT'S BECAUSE HE SUCKS UNDER CENTER!!!"

You'll feel better...honest.
Posted by edctiger
Lafayette
Member since Apr 2011
83 posts
Posted on 8/31/11 at 8:36 am to
Nope.

It can't be false imprisonment under Louisiana law if the police arrest you based on a warrant signed by a judge, which the police did.

The police department and the DA also pretty much have immunity against civil lawsuits, so nothing he could do there.

The only recourse he could possibly have would be suing the school for the suspension, but that's quite a long shot since they waited until he had been arrested to suspend him anyway.
Posted by just me
Front of the Class: Schooling You
Member since Mar 2006
34489 posts
Posted on 8/31/11 at 8:44 am to
quote:

No. The authorities have immunity.
Actually, the authorities have qualified immunity.

Qualified immunity protects the police from liability for civil monetary claims as long as the officer's actions do not violate clearly established statutory or constitutional rights. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).

The court takes a two step analysis to determine qualified immunity claims: (1) the court must determine whether the facts state a violation of a constitutional right; (2) the court must determine whether the right at issue was clearly established at the time of the officer's alleged action. Saucier v. Katz, 533 U.S. 194 (2001).

In this case, the right at issue is the Fourth Amendment protection against arrest without probable cause.

The BRPD had probable cause from the statements of Lowery and his witness.
Posted by TIGRLEE
Northeast Louisiana
Member since Nov 2009
31493 posts
Posted on 8/31/11 at 8:45 am to
no
move along.
Posted by Bobby Moore
Red Hill, Mississippi
Member since Jun 2005
17751 posts
Posted on 8/31/11 at 8:47 am to
quote:

Can JJ sue for false imprisonment or something similiar
no
move along.



JJ has already ruined himself with LSU. I agree, forget JJ and move along.........
Posted by TIGRLEE
Northeast Louisiana
Member since Nov 2009
31493 posts
Posted on 8/31/11 at 8:52 am to
quote:


JJ has already ruined himself with LSU. I agree, forget JJ and move along.........


I can name about 5 posters right now that are more concerned about that, than they are the game saturday.
Posted by Antonio Moss
The South
Member since Mar 2006
49093 posts
Posted on 8/31/11 at 9:00 am to
quote:

Rarely do I hear about law enforcement losing lawsuits unless they act like that idiot in the Duke Lacrosse incident.


Right. You have to show maliciousness and intentional sabotage. I seriously doubt that's the case here.
Posted by OH 58D
Dothan, AL
Member since Nov 2008
6591 posts
Posted on 8/31/11 at 9:01 am to
quote:

I can name about 5 posters right now that are more concerned about that, than they are the game saturday.



Choctaw
lsudm
just me
?
?
Posted by Antonio Moss
The South
Member since Mar 2006
49093 posts
Posted on 8/31/11 at 9:01 am to
quote:

false imprisonment


quote:

He was never in prison.




That's not exactly what "false imprisonment" means.
Posted by Antonio Moss
The South
Member since Mar 2006
49093 posts
Posted on 8/31/11 at 9:02 am to
quote:

The only recourse he could possibly have would be suing the school for the suspension,


Case would be immediately thrown out. There is no cause of action against the school.

Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 8/31/11 at 9:06 am to
quote:

I can name about 5 posters right now that are more concerned about that, than they are the game saturday.


Well for starters, I'm not suiting up...so it matters not a single frick if I'm focused on the game. Turns out, they'll play the game whether I'm focused or not.

Secondly, considering that for me at least this has never been about the LSU football program, I'm not going to turn my back on the guy based on what we know so far. Mostly, because I've always liked the kid, despite him being infuriatingly inconsistent on the field. I'm going to give him the benefit of the doubt until there is sufficient evidence to do otherwise. I realize it's easier for some here, because this was the easiest way to have him removed from under center, thus upping their entertainment value, but I just don't see this case in that light at all.



One other note...and I mean this in all seriousness so I'd appreciate it being taken that way. When this first erupted over a week ago many who jumped on Jefferson were saying things like, "What if the kid sent to the hospital was your kid?!?" It was an emotional question, but for me it made me think of the flip side of it. "What if the kid being accused of sending someone to the hospital in a brawl was yours?!?" It may me really consider it, and here's my take.

As a parent of 2 boys (though much younger at 9 and 4) my first reaction would have been to be pissed that they were there in the first place and put themselves in that position. Once they explained about the tradition of going out that night and I'd had a chance to think, I'm quite sure I'd have asked for their side of the story. Despite the fact that they were my child, I wouldn't believe it 100%...but I'd explain that I gave them the benefit of the doubt and the evidence better damn well support their claims. I'd then stand with them and support them in their fight to prove what they say happened. And if it turned out they were lying? I'd be disappointed in them but expect them to face the music...and yet they'd still be part of my family.

As an LSU fan, when these kids CHOOSE our program, they sort of become our defacto family. We cheer for them, we know about their personal lives and families often times, etc. Why should any of us be so damn eager to toss them away at the first sign of trouble...regardless of how serious some may consider the charge? Do they not deserve our support, and the benefit of doubt until we know they don't?
Posted by Philosoraptor
Member since Oct 2010
4523 posts
Posted on 8/31/11 at 9:10 am to
quote:

OH 58D


Put me down too.

I seriously wish there was a way to block you.

You are an ignorant a-hole who cares more about a stupid game than someone's future and freedom.

The Rant is full of retards that don't know what innocent until proven guilty means.
Posted by OH 58D
Dothan, AL
Member since Nov 2008
6591 posts
Posted on 8/31/11 at 9:12 am to
quote:

You are an ignorant a-hole who cares more about a stupid game than someone's future and freedom.



I'll let the legal system handle that. I wasn't the one who put myself in that situation in the first place. I have no sympathy.
Posted by TheDoc
doc is no more
Member since Dec 2005
99297 posts
Posted on 8/31/11 at 9:14 am to
quote:

Yep, a drunk eyewitness in a dark parking lot.


How do you know the witnesses were all drunk?

Oh, you don't
Posted by Philosoraptor
Member since Oct 2010
4523 posts
Posted on 8/31/11 at 9:16 am to
quote:

I'll let the legal system handle that. I wasn't the one who put myself in that situation in the first place. I have no sympathy.


It's sounds to me like you are ruling him guilty ahead of the legal system doing that.

What situation? So, cause you are at a bar and someone gets in a fight, it's the bystanders fault that the fight broke out for being at the bar.

Get some common sense man. You seriously are one of the most retarded posters on this website... and that's saying a lot.

ETA - you're right behind doc
This post was edited on 8/31/11 at 9:17 am
Posted by TigerWoody
btwn where I was & where I will be
Member since Dec 2007
11387 posts
Posted on 8/31/11 at 9:17 am to
quote:

Put me down too.

I seriously wish there was a way to block you.

You are an ignorant a-hole who cares more about a stupid game than someone's future and freedom.

The Rant is full of retards that don't know what innocent until proven guilty means.
quote:

Philosoraptor
Posted by TigerWoody
btwn where I was & where I will be
Member since Dec 2007
11387 posts
Posted on 8/31/11 at 9:18 am to
quote:

I'll let the legal system handle that. I wasn't the one who put myself in that situation in the first place. I just one of several judgmental fricks on this board.
Posted by GeauxTigerTM
Member since Sep 2006
30596 posts
Posted on 8/31/11 at 9:19 am to
quote:

It's sounds to me like you are ruling him guilty ahead of the legal system doing that.



It's not about innocence or guilt here...when push comes to shove even the most adamant here will admit there is virtually no hard evidence in the public square that links Jefferson to what has been claimed. It's about the surest way to remove who they consider to be a bad football player from his position to install who they consider to be a better football player so that their football watching enjoyment goes up.

That's all.
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