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One for the good guys

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  • One for the good guys

    http://omaha.com/article/20100125/NEWS97/701259869

    Published Monday January 25, 2010

    Lawsuit against deputy rejected
    The Associated Press
    « Crime/CourtsRSS SHARE
    A federal appeals court has thrown out a lawsuit against an eastern Nebraska sheriff's deputy, saying video evidence discredits a woman's account of being mistreated.

    On Monday, the 8th U.S. Circuit Court of Appeals overturned a U.S. district judge's denial and granted Colfax County deputy Jeff Olson immunity.

    Susan Wallingford had sued Olson, saying he had slammed her face down on the top of a squad car, then threw her to the ground, breaking one of her feet. Wallingford said Olson used excessive force after she refused to sign a traffic citation.

    But the appeals court said squad car video showed Olson used minimal force in trying to handcuff Wallingford and that she broke her foot after slapping the deputy, losing her balance and falling to the ground.
    Some people were just dropped on their heads as children more than the rest of us!

  • #2
    Originally posted by nebraska_deputy View Post
    Wallingford said Olson used excessive force after she refused to sign a traffic citation.
    Musta been a well deserved citation...

    Originally posted by nebraska_deputy View Post
    ... and that she broke her foot after slapping the deputy, losing her balance and falling to the ground.
    good thing she's stupid, or she might have gotten away with it. you know how our courts rulings go now days. "we must not offend da people. we can't take away someone's right to think they are gods gift to the world"

    video cameras. save or butt or throw it under the bus. this case the former. awesome.

    Job well done Officer Olsen.
    Last edited by refboy4; 01-26-2010, 09:48 AM.

    Comment


    • #3
      Why do people have to sign their citations? Hell with it. Give 'em the pink copy. "The instructions are on the back. Your court date is on the front. Drive safely."

      Back 10-8.
      Sure, that badge will get you midgets, but those midgets will get that badge!

      The more I learn about people, the more I prefer the company of my dogs.

      Comment


      • #4
        Originally posted by BCSD Frank View Post
        Why do people have to sign their citations? Hell with it. Give 'em the pink copy. "The instructions are on the back. Your court date is on the front. Drive safely."

        Back 10-8.
        Some states require a signature.....

        You refuse to sign a cite in CA, and it is a mandatory arrest, then a drive to the first available judge....which might be several days in the future, if you happen to do this on a Friday afternoon......
        The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

        "Politicians are like diapers. They need to be changed often and for the same reason"

        "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

        Comment


        • #5
          I've wondered about making people sign their citations, and there are plenty of other officers that agree with me. I think it's a bad practice, and wish it could be changed.
          Sure, that badge will get you midgets, but those midgets will get that badge!

          The more I learn about people, the more I prefer the company of my dogs.

          Comment


          • #6
            Originally posted by BCSD Frank View Post
            I've wondered about making people sign their citations, and there are plenty of other officers that agree with me. I think it's a bad practice, and wish it could be changed.
            In CA, the signature constitutes a "promise to appear" in court. If the violator fails to appear, his/her failure becomes a misdemeanor offense (punishable by imprisonment), completely separate from the infraction (minor driving offense) that the citation was issued for. Infraction type offenses don't allow for jury trials, can't result in jail time and are much simpler to try in court than misdemeanors. It's in the "people's" (state's) best interest to expedite traffic trials. If the vast majority of citations issued are for infractions only, then less resources are required to deal with them.

            If subjects don't want to promise to appear, they can demand to be brought before a magistrate (judge) immediately. This would result in an arrest, booking and transportation to court ASAP, but (as LA Dep indicated) could mean an overnight or longer wait if court isn't in session. The subject can also post bail for the infraction (after booking) and be released w/o being subject to a misdemeanor charge if he/she failed to appear. The bail would be forfeited though.
            Last edited by pulicords; 01-26-2010, 04:19 PM.
            "I'm not fluent in the language of violence, but I know enough to get around in places where it's spoken."

            Comment


            • #7
              Yes, I understand. Here in TN, too. I still think it could be changed, though. "Here's your court date. If you fail to show up, a warrant will be issued for your arrest."
              Sure, that badge will get you midgets, but those midgets will get that badge!

              The more I learn about people, the more I prefer the company of my dogs.

              Comment


              • #8
                Originally posted by BCSD Frank View Post
                Yes, I understand. Here in TN, too. I still think it could be changed, though. "Here's your court date. If you fail to show up, a warrant will be issued for your arrest."
                Ok then where's the proof the violator actually knows about the cite? The signature says, yeah, I understand it's not a plea of guilt but a promise to appear. What's to keep an officer with a grudge against someone from issuing a citation and just turning it in...no signature needed...next thing you know the person has a warrant and was never even made contact with. Think it wouldn't happen? Sadly, it would.

                In some instance, simply writing refused to sign with another officer as a witness may be sufficient but it's not practical IMO. I have no problem taking someone to jail for not signing their citation, we're not gonna hold court on the side of the road while you exercise your 'rights.'
                Moooooooooooo, I'm a goat

                Comment


                • #9
                  Originally posted by BCSD Frank View Post
                  Yes, I understand. Here in TN, too. I still think it could be changed, though. "Here's your court date. If you fail to show up, a warrant will be issued for your arrest."
                  The problem being--------without a signed promise to appear, you would not have an offense of failure to appear and thus a warrant could not be issued. Just handing the violator their copy and saying "see ya", does not justify a warrant if they don't show up in court. Them signing the promise to appear , and then not showing up, does.

                  It would take a change in the law, and it would be doubtful that a legislature would make such a change seeings how there are so few people that think there is a problem.
                  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


                  (F*** Off Cuz Ur Stupid)

                  Comment


                  • #10
                    Ah... Yeah, that makes sense. Thank you.
                    Sure, that badge will get you midgets, but those midgets will get that badge!

                    The more I learn about people, the more I prefer the company of my dogs.

                    Comment


                    • #11
                      NYS doesn't require the offender to sign. I just hand them their copy of the cite and go on my way. Don't appear, and your license gets suspended.

                      Comment


                      • #12
                        Originally posted by LA DEP View Post
                        Some states require a signature.....

                        You refuse to sign a cite in CA, and it is a mandatory arrest, then a drive to the first available judge....which might be several days in the future, if you happen to do this on a Friday afternoon......
                        \
                        Man, I wish it was mandatory here. I would have to get sgt's approval to take someone on a refusal to sign. And that's not likely unless it's really slow.
                        If trees could scream, would we be so cavalier about cutting them down? We might, if they screamed all the time, for no good reason.

                        ---Jack Handey

                        Comment


                        • #13
                          Glad the vid exhonerated the dep.

                          NY doesn't require winner's signature on cites.

                          Comment


                          • #14
                            Originally posted by CO1259 View Post
                            NYS doesn't require the offender to sign. I just hand them their copy of the cite and go on my way. Don't appear, and your license gets suspended.
                            Yep, same here.
                            summer - winter - work

                            Comment


                            • #15
                              We dont require signatures in Kentucky either.

                              Comment

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