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Message
re: Baton Rouge likely to fork over $450k settlement to family of man killed by BRPD
Posted on 7/24/14 at 12:20 pm to DanTiger
Posted on 7/24/14 at 12:20 pm to DanTiger
quote:
DanTiger
I need to ask before I comment on this story...as I live in the Lafayette area and this happened in BR, can I comment on it? You're on record as telling us all we ought not worry about police misconduct in other states, but does this hold true for other cities within our own state?
Thanks in advance!
Posted on 7/24/14 at 12:22 pm to lsu480
I read where the attorney for the city said there is a one million dollar cap on this type of lawsuit and the average payouts are 1/2 million.
Makes me wonder what else a cop has to do in a wrongful death situation for the one million to get awarded to a family.
Makes me wonder what else a cop has to do in a wrongful death situation for the one million to get awarded to a family.
Posted on 7/24/14 at 12:23 pm to GeauxTigerTM
quote:
I need to ask before I comment on this story...as I live in the Lafayette area and this happened in BR, can I comment on it? You're on record as telling us all we ought not worry about police misconduct in other states, but does this hold true for other cities within our own state?
Yes, you may
Posted on 7/24/14 at 12:24 pm to yellowfin
quote:
Maybe is 5k equity in his trailer house?
I don't know if one ever develops much equity in a trailer as it is a depreciating asset like a car.
Posted on 7/24/14 at 12:25 pm to GeauxTigerTM
I was working with Carlos at Exxon when this happened. The story never added up to me. He wasn't a threat to anybody. I've always wondered how come there wasn't more made of it. I'm glad it's coming back to light. But I don't understand why tax payers would have to pay the settlement.
Posted on 7/24/14 at 12:27 pm to DanTiger
quote:
They are. Where do you get your information? There is nothing that absolves cops from either criminal or civil charges. Most people don't sue cops because most cops are not terribly wealthy.
BS, all of these people would sue the cop if they could. You are telling me if an on-duty cop assaults me I can personally sue him and if I win he will have to pay out of his own pocket with no help from the city or union?
Posted on 7/24/14 at 12:28 pm to DanTiger
quote:
Yes, you may
Awesome possum!
I guess I'll start with this...
quote:
The district attorney's office cleared Magee of any wrongdoing and he remains on the force.
What in the flying frick?!? Was there some disputing of the facts that we're not hearing about?
An officer gets a guy who tells him he's drunk to get behind the wheel to move a car, does as requested (that whole following an officer's orders thing) proceeds to slam into things and then gets shot by an officer who is being told by another officer not to shoot because of bystanders...who then kills guy behind wheel and hits a bystander.
Was there another version we're not hearing about that the DA was using to not press charges here?
This reads like a deleted scene from a god damned Police Academy movie.
Your thoughts?
Posted on 7/24/14 at 12:29 pm to lsu480
quote:
BS, all of these people would sue the cop if they could. You are telling me if an on-duty cop assaults me I can personally sue him and if I win he will have to pay out of his own pocket with no help from the city or union?
you may file a civil suit against anyone in this country at anytime that you wish. This is why you shouldn't believe everything you read on message boards. Do you honestly believe there are special laws in place to protect cops?
Posted on 7/24/14 at 12:29 pm to Drew Orleans
quote:
That money should be paid back by all those involved in the killing. Why they frick should the taxpayers foot the bill?
Yup, a government agency isn't punished by this sort of thing, as it can just collect more money from its citizens to cover. Therefore, it really doesn't have nearly the same incentive to keep its employees in line as would exist if those employees would personally have to pay up.
Posted on 7/24/14 at 12:30 pm to DanTiger
quote:
I don't know if one ever develops much equity in a trailer as it is a depreciating asset like a car.
I bought an old dilapidated trailer in Jupiter, FL once for $4500.00, rented it out for years for $1800-$2500/mo.
Posted on 7/24/14 at 12:31 pm to DanTiger
quote:
. Do you honestly believe there are special laws in place to protect cops?
not passive aggressive, real question doesn't qualified immunity apply to cops?
Posted on 7/24/14 at 12:32 pm to GeauxTigerTM
quote:
What in the flying frick?!? Was there some disputing of the facts that we're not hearing about?
Could be. I have no idea.
quote:
An officer gets a guy who tells him he's drunk to get behind the wheel to move a car
If this is what happened it is inexcusable.
quote:
Was there another version we're not hearing about that the DA was using to not press charges here?
That certainly could be the case and it could also be why the settlement was so small.
quote:
This reads like a deleted scene from a god damned Police Academy movie.
I don't believe anyone was every killed in a Police Academy movie.
Posted on 7/24/14 at 12:32 pm to DanTiger
quote:
you may file a civil suit against anyone in this country at anytime that you wish. This is why you shouldn't believe everything you read on message boards. Do you honestly believe there are special laws in place to protect cops?
Who pays the bill if they get sued for police brutality while on duty?
Posted on 7/24/14 at 12:33 pm to Tchefuncte Tiger
quote:
We had a cop shoot and kill a trainee while conducting a training exercise. Cop's still on the job.
damn your instructors were strict, eh?
Posted on 7/24/14 at 12:33 pm to lil tiger22
quote:
But I don't understand why tax payers would have to pay the settlement.
Same reason a business owner would have to pay to settle a car accident for a car driven by one of his workers.
Posted on 7/24/14 at 12:33 pm to jacks40
Yes, Qualified Immunity applies to on-duty police officers performing their duties.
Qualified immunity is an affirmative defense. Early cases required a public employee to establish both that he did not violate clearly established law and that he acted without malicious intent./83/ Because proof of subjective good faith was incompatible with summary judgment, the Supreme Court modified the defense to shield public employees performing discretionary government functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”/84/ Apart from special needs and administrative search cases, the Court has cautioned against examination of subjective intent./85/ Because public employees/86/ almost always perform discretionary functions,/87/ qualified immunity really turns on two issues: (1) whether the action in question violated a constitutional right and (2) whether that action violated clearly established law./88/
Qualified immunity is an affirmative defense. Early cases required a public employee to establish both that he did not violate clearly established law and that he acted without malicious intent./83/ Because proof of subjective good faith was incompatible with summary judgment, the Supreme Court modified the defense to shield public employees performing discretionary government functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”/84/ Apart from special needs and administrative search cases, the Court has cautioned against examination of subjective intent./85/ Because public employees/86/ almost always perform discretionary functions,/87/ qualified immunity really turns on two issues: (1) whether the action in question violated a constitutional right and (2) whether that action violated clearly established law./88/
Posted on 7/24/14 at 12:33 pm to lsu480
quote:
The kid told the officer he was drunk but the officer instructed him to get behind the wheel
if i was on the jury i would call bullshite on this...i don't believe that for one second
Posted on 7/24/14 at 12:34 pm to Topwater Trout
quote:
if i was on the jury i would call bullshite on this...i don't believe that for one second
the witnesses lied?
Posted on 7/24/14 at 12:35 pm to LSU0358
quote:
Freaking unbelievable. What does it take to get fired as a policeman these days?
You get a free pass for every dog you kill, so it depends upon that variable...
Posted on 7/24/14 at 12:36 pm to jacks40
quote:
the witnesses lied?
that would be my guess...its not like it has never happened before...frick THE POLICE am i right?
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