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  • CA OIS on Freeway

    Not sure if y'all have followed this. I know it's a dog and pony show. But I do like the families attorney's comment "She was not a danger to [the officer]; she was a danger to herself,” Merritt said. “He couldn’t have known that at the time, however.”

    https://www.latimes.com/local/lanow/...712-story.html

    Thoughts. I know no matter what the family will still get some cash.
    I'd rather be judged by 12 rather carried by 6.

    It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

  • #2
    When body cams first came out I was against them. Cases like this make it pretty clear they can save us a lot of headaches.

    I hope they don’t get paid. This country is in desperate need of tort reform.
    I make my living on Irish welfare.

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    • #3
      Curious why it took the family so long to admit that there daughter was suffering from mental problems and in the 911 call regarding her taking the car without permission the fear that she may harm herself.

      This incident I'm sure was a suicide by cop.
      Retired LASD

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      • #4
        Originally posted by moparfan View Post
        Thoughts. I know no matter what the family will still get some cash.
        As one that has been investigated more than once.......

        There are times when the bean counters figure out that it is going to cost way more to defend than to settle OR they have a case that might be easily defended BUT the circumstances just LOOK wrong and it is easier to settle rather than to fight

        I was involved (as the shift supervisor/ decision maker )in an in custody death where my squad and I did everything "right" but the inmate died.

        The situation was investigated by everyone from the institution level to the State Police CID & we were cleared of wrong doing.

        But the circumstances just looked crappy.....................not going into details but the second guessers that weren't on scene and had never worked lockups thought things could have been done differently. The State Attorney General's office was most critical and even though there was no wrong doing they chose to settle the case before it went past the filing stage in court. I think they settled for 75K which was CHEAP had the case went to a jury
        Since some people need to be told by notes in crayon .......Don't PM me with without prior permission. If you can't discuss the situation in the open forum ----it must not be that important

        My new word for the day is FOCUS, when someone irritates you tell them to FOCUS

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        • #5
          I don't think the family will get a dime on this one. California jurisdictions have started fighting more of these pay me lawsuits. Once the pay outs got so ridiculous they had to start fighting them. The family also has a really ****ty lawyer.

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          • #6
            I saw the video and it's clear what happened. I love how they are playing the race card. "Another innocent person of color" that girl looks as white as bed sheets from motel 6. Even her family picture makes her look white.
            I'd rather be judged by 12 rather carried by 6.

            It should be noted that any and all post that are made are based on my own thought and opinions. And are not related or implied to represent the department I work for.

            Comment


            • #7
              Maybe the family should consider their responsibility in this before looking at the city for a hand out.
              Last edited by SHU; 07-15-2019, 09:52 PM.

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              • #8
                Originally posted by Iowa #1603 View Post
                There are times when the bean counters figure out that it is going to cost way more to defend than to settle OR they have a case that might be easily defended BUT the circumstances just LOOK wrong and it is easier to settle rather than to fight
                THIS is the reason we see frivolous lawsuits against PD's. To many of these people, $50k is a lottery payout...and well worth the minimal effort of finding a shyster ambulance chaser and filing a lawsuit. Once a PD lets that genie out of the bottle, they're begging for be nickled-and-dimed to death with petty lawsuits. My personal opinion is, every frivolous lawsuit should be fought to the fullest extent, no matter the cost. These "settlements without admission of wrong-doing" are only encouraging more lawsuits, dictating that we do things with a liability-first mindset, and destroying the profession.
                "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
                -Friedrich Nietzsche

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                • #9
                  The use of force law changed in this corrupted state. Was it absolutely necessary? In our eyes it was but I could see this argument being made. Now in all use of force reports we have to articulate even further as to our actions and how it was "absolutely" necessary. Eventually it's going to be..well did they shoot at you? Ridiculous. Might as well throw out Graham vs Connor while we're at it.
                  Last edited by 0331Grunt; 07-17-2019, 11:28 AM.

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                  • RGDS
                    RGDS commented
                    Editing a comment
                    It changed? Did you read AB 392? It looks like they took my agency’s policy and made it statewide.

                    *** If PORAC, the CAHP, the Chiefs Association all agreed that it wasn’t a problem (and they were in the room with Shirley Weber) then maybe it isn’t a problem?
                    Last edited by RGDS; 07-21-2019, 10:38 AM.

                • #10
                  They did....
                  Now go home and get your shine box!

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                  • #11
                    Originally posted by 0331Grunt View Post
                    The use of force law changed in this corrupted state. Was it absolutely necessary? In our eyes it was but I could see this argument being made. Now in all use of force reports we have to articulate even further as to our actions and how it was "absolutely" necessary. Eventually it's going to be..well did they shoot at you? Ridiculous. Might as well throw out Graham vs Connor while we're at it.
                    Some poor LEO is going to end up as the SCOTUS test-case for this law. Fortunately, there's pretty significant, well-established case law to support that the law is almost certainly unconstitutional.
                    "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
                    -Friedrich Nietzsche

                    Comment


                    • #12
                      Unfortunately, the law is constitutional. Graham vs. Connor is search and seizure law. It places an upper limit on use of force, but it doesn’t prevent laws that more stringently restrict force. It’s the same as states that have more restrictive rules of evidence than federal case law. They can’t be looser, but they’re free to be tighter.
                      Government is not the solution to our problem; government is the problem. - Ronald Reagan

                      I don't think It'll happen in the US because we don't trust our government. We are a country of skeptics, raised by skeptics, founded by skeptics. - Amaroq

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