Lawyerffers, how is it that family members might be liable for the actions of a relative in this kind of circumstance? It makes no sense.
Quote:
The words of Rialmo's attorney
It seems like people believe now that if you have a family member killed by a police officer it's the functional equivalent of winning the lottery
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... it's just an idea
Last edited by mickthinks; 02-08-2016 at 02:28 PM.
Okay, it looks like the BBC got part of that story wrong. Here's what happened AFAICT.
- Pig shoots and kills a teenager and an innocent bystander during a domestic disturbance call in Chicago on 12/26/15.
- The deceased teenager's estate files a wrongful death case against the pig and his employer, the City of Chicago, in an Illinois state court.
- On February 5, 2016, the pig filed a counterclaim in the wrongful death case against the estate.
In most states -- Illinois included, apparently -- a personal injury claim survives the death of the tortfeasor and can be brought against the tortfeasor's estate. That's what's going on here. The pig is alleging that he was injured as a result of the teenager's tortious conduct. The pig is demanding damages against the teenager's estate; he's not making claims against members of the teenager's family.
Rules of civil procedure typically provide that if you get sued and you have a claim against the plaintiff arising out of the same transaction or occurrence, you have to bring your claim as a counterclaim in the plaintiff's lawsuit, or forego your claim altogether. The idea behind compulsory counterclaims is to avoid piecemeal adjudication of claims based on the same facts.
The pig's counterclaim is available here. He's asserting three tort claims:
- Assault (intent to cause harmful contact or apprehension of harmful contact + present ability to cause harmful contact + apprehension)
- Intentional Infliction of Emotional Distress (extreme and outrageous conduct causing severe emotional distress)
- Negligent Infliction of Emotional Distress (breach of duty placing the plaintiff in physical danger and causing severe emotional distress)
It doesn't appear that the teenager ever made physical contact with the pig, but the pig is claiming emotional distress. He's demanding $50,000 in actual damages and $10 million in punitive damages.
So yeah, it makes perfect sense from a civil procedure standpoint. Of course, that doesn't make this anything other than the bitchiest, most pussified move in the history of pussified bitch moves.
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"We can have democracy in this country, or we can have great wealth concentrated in the hands of a few, but we can't have both." ~ Louis D. Brandeis
"Psychos do not explode when sunlight hits them, I don't give a fuck how crazy they are." ~ S. Gecko
In this case there wasn't even a pretense of a justification to stop, and once stopped no pretense to justify the cavity search.
The couple, who are black (big surprise, I'm sure), were pulled over for having temporary tags because it was a new car. But there is nothing illegal about possessing temporary tags. It shouldn't have even been a stop, but once stopped that should have been the end of it. But then the pigs compounded things by holding the car until they ordered in a drug dog. The drug dog failed to "hit" on any part of the car. So that convinced them that there were drugs that were really, really well-concealed and they started in on a cavity search right there on the side of the road. Also, the cop was referred to the black male by the epithet "boy", as if the real reason for the stop weren't clear enough already.
I wish I could say it's unbelievable, but it's dismaying precisely because it's thoroughly believable.
SFPD executes another person, a homeless mentally disabled man who spoke only spanish. Was shot at killed 30 seconds after the police arrived. Cops claim he lunged at them with a knife, witnesses claim otherwise. I expect the SFPD to do absolutely nothing, just as they have with the admitted racists in their midst. SF police shooting unfolded in 30 seconds, video shows - SFGate
Ugh, and of course, our piece of shit corrupt Mayor, after bulldozing homeless encampments before the superbowl, has announced a crack down on the homeless* because obviously executing someone on the street is really a problem of too many homeless.
Yeah if I was going to ignore the mayoral election before, I'm not now.
*Homelessness is a huge problem in SF, with shelters being overwhelmed and no support for the mentally disabled, in the past SF has been caught shipping homeless to other towns to ignore the problem. Many turn a blind eye due to aggressive panhandling in tourist areas while ignoring the many awesome but broken or down on their luck homeless that exist (I used to live by a homeless shelter and blue hair gives you street cred, so I had a number of awesome conversations on the way to school or lunch. Some of these people are crazy smart, but also haunted by demons).
Sure sure cops aren't a corrupt gang and I'm totally an extremist for saying we should disband the whole system and start new from scratch with citizen oversight... or am I.
Oakland PD has just gone through three chiefs in less than a week.
Why?
This all comes on the heals of a second SFPD racist texting scandal, the first of which it's been shown the internal office dragged their feet on so that it would pass the statute of limitations, and of course multiple street executions, the last one cost the SF police chief his job, but not after the Mayor of SF declined his resignation once and begged for the racist piece of shit to stay because he's a good guy.
Now while there's plenty of things to post about the recent executions of two black men, let's talk about the Dallas shooting and why you should never trust the police.
Hours into the Dallas shooting the Dallas PD posted an image of a man at the BLM march with a rifle at his side, labeling him a suspect. Even though his only connection was being a blackman with a gun in an open carry state. This man just happened to be the brother of the march organizer. Being a reasonable citizen he handed his rifle over to a cop and turned himself. People quickly identified him and posted video showing he wasn't the culprit.
He was then interrogated where the cops lied and claimed they had video footage of him shooting officers so he better just confess. He was eventually let go, but not after his photo was plastered all over news as the potential shooter. Dallas PD still hasn't removed the tweet calling him a suspect.
Rigorist (aka Mr. vremya) was stopped for a busted headlight in the same place where Philando Castile was shot for having a busted tailight. Rigs got a ticket, Philando got four bullets.
Kinsey said when he asked the officer why he fired his weapon, the cop responded, “I don’t know.”
By Wednesday, North Miami police hadn’t offered much of an explanation. Assistant Police Chief Neal Cuevas said the investigation has been turned over to the Miami-Dade State Attorney’s Office.
Today he's claiming he was aiming at the autistic man and missed.
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"freedom to differ is not limited to things that do not matter much. That would be a mere shadow of freedom. The test of its substance is the right to differ as to things that touch the heart of the existing order."
- Justice Robert Jackson, West Virginia State Board of Ed. v. Barnette
The lies are so fucking blatant with these people it makes me physically ill. If this incompetent pig was valiantly trying to save the life of the black man lying on his back with his arms up from the dangerous man sitting on the ground with a toy truck in his hands only to make a wee aiming mistake, then why exactly did the cops HANDCUFF HIM AFTER THEY FUCKING SHOT HIM?
One part of me thinks the police are all scum. One part of me thinks it's just a few bad apples. The larger part of me thinks that the problem is systemic. It seems like the police aren't sufficiently trained in de-escalation tactics. It seems that they are trained to respond in force to any situation they find themselves in. This leads to tragic shootings of unarmed black people.
What I think needs to happen is that police need to be trained much more extensively with a focus on de-escalating potentially volatile situations. Additionally, they need to be trained to be less aggressive in how they carry out their law enforcement duties.
Lastly, they need to be reminded on a daily basis that they are funded and answerable to the citizenry. I think every single police precinct, police vehicle and training academy should have signs reminding them of this fact. Finally, the Blue Wall of Silence has to be broken. Utterly. If it means smashing the police unions over the head until the message sticks, so be it.
They answer to us. Not the other way around. They need to be reminded that they are here to protect and serve the people, not to lord over them.
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Allan Glenn. 1984-2005 RIP
Under no circumstances should Quentin Tarantino be allowed to befoul Star Trek.
I would be more inclined to listen to the bad apples argument if I ever heard a single cop ever vocally condemn the assassins, pathological liars, white supremacists and dangerous morons among them. They are all actively complicit in cover-ups, rationalizations and lies, therefore the whole barrel is rotten.
In my defense, I didn't say that I fully believe the few bad apples argument. I happen to think that the rot in the policing system in the US is systemic. It needs to be cleaned of all the rot.
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Allan Glenn. 1984-2005 RIP
Under no circumstances should Quentin Tarantino be allowed to befoul Star Trek.
I think basic police academy training is usually in the months to weeks range, but each municipality sets its own guidelines.
I realize it's difficult sometimes for your type of people to understand freedom, but in a nutshell, each state has its own requirements and training guidelines, and we also have overlapping jurisdictions, with different agencies for federal, state, county, and city law enforcement, and I'm pretty sure they will each have different requirements.
Ah, ok. You are right, the concept of embracing anarchy glorious freedom is a little bizarre to me who is accustomed to cops with a bachelor's in policing. But you are the wild west, after all.
It's certainly systematic, the whole system is run like a for-profit gang that's subsidized by the government. The 'few bad apples' got into positions where they could hire other bad apples like them, and then enforce their will so you either look the other way or join in. Those that don't are often fired (with no help from their Union) or in some cases arrested and jailed. Their training is lack luster and based around aggression, so even good apples willing to try and make a difference are ill equipped to do more than shoot fewer bullets into the black man.
Frankly that anyone trusts the cops at all shows just how powerful our media is! Most white americans have way more interactions with fictional cops than real ones, and the constant portrayal of the smart, selfless good guy cop has skewed people's views quite a lot. When you start looking at actual cop organizations it's a different story.