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I'd like to see this attorney sued for slander

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  • I'd like to see this attorney sued for slander

    http://www.cnn.com/2009/CRIME/09/16/...ef=mpstoryview

    The issue of whether the officer should have been returned to street duty 72 hours after the first incident is a topic for another thread.

    There are many things to discuss in this case of an officer who was involved in two shootings within four days but my question is this. The attorney for both families said the officer "should be in jail". While he is hired to put a spin on the situation I wonder what insulates him from responsibility for publicly slandering the officer if both shooting incidents were deemed justified?
    DAL and other amubulance chasers help me out here.
    Disclaimer: The writer does not represent any organization, employer, entity or other individual. The first amendment protected views/commentary/opinions/satire expressed are those only of the writer. In the case of a sarcastic, facetious, nonsensical, stirring-the-pot, controversial or devil's advocate-type post, the views expressed may not even reflect those of the writer.

  • #2
    The news report contains almost no real facts and in fact its not even clear that this officer fired any of the multiple rounds which it sounds like came from multiple officers involved in the pursuit/response which struct the second person.

    What a crap news report.
    -------------------------------
    You can't fix stupid, but you can arrest it. - LINY

    "Their house, their rules. And when they get robbed, they can call 911 and ask them to send a hippie to protect them." - ateamer

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    • #3
      Your suit would be dismissed in California because court decisions hold that criticizing the police is not actionable, even if the criticism is unfounded.
      Last edited by DAL; 09-16-2009, 07:06 PM.
      Facts do not cease to exist because they are ignored. -- Aldous Huxley
      Two things are infinite: the universe and human stupidity. -- Albert Einstein

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      • #4
        That would be covered under "fair comment."

        If you are stating an opinion, as in "the officer belongs in jail," you are pretty much covered under the 1st Amendment, particularly if you are a public official or someone employed by the government and therefore acting as a representative of government.

        An officer might have a case if the person said something like: "Officer x accepted a bribe from criminal y on xyz dates." Even then, though, slander is very hard to prove because it is SPOKEN rather than published & so there's no written record of it.

        If you meant libel (published) the same applies. A specific charge of criminal wrong-doing can be proven true or false (assuming evidence is available). A general criticism cannot be proven true or false because it is an opinion. If the officer can establish that SPECIFIC charges were false, then he/she may have a case. But establishing that in court is a whole 'nother story.

        As citizens in a democracy we have every right to criticize government, and like it or not, police are government.
        Last edited by rubyrose; 09-16-2009, 09:49 PM.
        Hatred never ceases by hatred, but by love alone is healed.
        Happiness never decreases by being shared. -- Buddhist quotation
        A soft answer turneth away wrath: but grievous words stir up anger. -- Proverbs 15:1

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        • #5
          So what happens when this lawyer gets backing from a bunch of "hug a thug" groups, then they start spamming the news and the public with misinformation.

          Now the public is heated because of all thise "police brutality" thus making the mayor sweat. Because the mayor is sweating, now the police chief is sweating.

          Due to the pressure from the mayor and the mayor getting pressure from the public, they have to force the officer to resign, suspend him without pay, or reprimand him when he was justified in his actions and followed all policies by the police department.

          So in this worst case scenario, nothing would happen to this lawyer?

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          • #6
            He'd probably get more publicity and more business. just like Al Sharpton.
            Facts do not cease to exist because they are ignored. -- Aldous Huxley
            Two things are infinite: the universe and human stupidity. -- Albert Einstein

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            • #7
              Originally posted by DAL View Post
              He'd probably get more publicity and more business. just like Al Sharpton.
              Wow, God Bless America

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              • #8
                That's the way it works. The public doesn't want to hold the criminals or the lawyers to the fire but God forbid if a police officer does something that even looks slightly wrong, no matter how trivial, it's off with our head!

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                • #9
                  Maybe I misread it, but I only saw where one of the bad guy's parents said the officer should be in jail, I never saw where a lawyer said that.

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                  • #10
                    Originally posted by StudChris View Post
                    Maybe I misread it, but I only saw where one of the bad guy's parents said the officer should be in jail, I never saw where a lawyer said that.
                    Doesn't matter who said it.
                    Facts do not cease to exist because they are ignored. -- Aldous Huxley
                    Two things are infinite: the universe and human stupidity. -- Albert Einstein

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                    • #11
                      Originally posted by DAL View Post
                      Doesn't matter who said it.

                      Actually it does, considering everyone is slamming the lawyer for saying it. Again, maybe he did and I just misread it.

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                      • #12
                        Originally posted by StudChris View Post
                        Actually it does, considering everyone is slamming the lawyer for saying it. Again, maybe he did and I just misread it.
                        Read the story again...towards the end.

                        And yeah I realize the cop has no recourse...just venting.
                        Disclaimer: The writer does not represent any organization, employer, entity or other individual. The first amendment protected views/commentary/opinions/satire expressed are those only of the writer. In the case of a sarcastic, facetious, nonsensical, stirring-the-pot, controversial or devil's advocate-type post, the views expressed may not even reflect those of the writer.

                        Comment


                        • #13
                          Originally posted by BrickCop View Post
                          Read the story again...towards the end.

                          And yeah I realize the cop has no recourse...just venting.
                          Yep you're right, I read the line above that one.

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                          • #14
                            Isn't going to happen. The reasons have already been pretty well discussed. Media objectivity? Again, that isn't going to happen. "If it bleeds it leads" has replaced 'All the news that's fit to print".

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                            • #15
                              In fact, if you sued the attorney for slander in California, you would have to pay his attorneys' fees.
                              Facts do not cease to exist because they are ignored. -- Aldous Huxley
                              Two things are infinite: the universe and human stupidity. -- Albert Einstein

                              Comment

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