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9th Circuit Court Of Appeals Overturns Verdict Against CHP

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  • 9th Circuit Court Of Appeals Overturns Verdict Against CHP

    Hooray for making a sound decision!

    9th Circuit Court Of Appeals
    Be courteous to all, but intimate with few, and let those few be well tried before you give them your confidence!

    [George Washington (1732 - 1799)]


  • #2
    I doubt that the article describes the court's reasoning very well, but I applaud the outcome.

    I thought that the amounts of the jury awards were very low, which suggests a compromise verdict. The best part is that the lawyer does not get a fee.
    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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    • #3
      $560k in attorney fees? Who the he** was representing the family??
      I'm 10-8 like a shark in a sea of crime..

      Comment


      • #4
        That's a no-brainer, but I'm still shocked that it was the 9th Circus who actually pulled their heads out.
        This Space For Rent

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        • #5
          It's the right decision on the part of the court. It's a shame that the two children will go the rest of their lives without their mother because of her decision to run from and then attack those officers.

          Comment


          • #6
            Finally a decision that I like out of the 9th circuit. I hope the attorney has enough sense to abandon further legal action. The woman made many horrible decisions and put her two children in a lot of danger. As a result of her actions, her children are left without a mother.

            It amazes me how some criminals put the lives of the general public, members of their family and LEO at risk, only to turn around and sue the government, LEO and whoever else they can think of when they end up dead or injured. Sadly it looks like personal responsibility is a little lacking these days.

            I hope the two children turn out OK.
            Getting shot hurts! Don't under estimate the power of live ammo. A .22LR can kill you! I personally feel that it's best to avoid being shot by any caliber. Your vest may stop the bullet, but you'll still get a nice bruise or other injury to remember the experience.

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            • #7
              Wait... The Ninth Circuit... Ruled... For police!
              Those of us that are in this profession have much thicker skins than the average person. Your "insults" are not even a good pimple on the *** of what truly bothers us. -Iowa 1603

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              • #8
                Jurors awarded $30,000 each to Eklund's 10-year-old son and 12-year-old daughter, and the trial judge added $560,000 in legal fees. But the Ninth U.S. Circuit Court of Appeals in San Francisco said Wednesday the case should never have gone to the jury.

                ^^^^
                That alone makes this a "suspect" case... That is a whole lot to the lawyer and not a whole lot to the kids.


                Reading the rest of the article... the officer was defintely within his force continuum.
                NYPD
                Exam Taken 10/31/09
                Exam: #0308 Score:91.XXX%
                List Number: 5xx

                PPB
                Exam: Passed
                PAT: Passed
                Oral Board: Passed
                Background Investigation: Ongoing

                Massachusetts Civil Service
                Exam: 4/30 Awaiting Results

                NPD CSO Summer 2011.

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                • #9
                  Even a broken clock is right twice a day, unless it's digital....lol

                  9th Circus pulls out a correct descision every once in a while.
                  Originally Posted by VegasMetro
                  maybe it’s me but I think a six pack and midget porn makes for good times?????

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                  • #10
                    Interesting, the 9th is generally way off base with the rest of the country and judicial system when it renders decisions. As for the attorney fees, Christ even at $100-200 an hour, that is a whole lot of jack to be tossed their way.
                    It could be that the purpose of your life is only to serve as a warning to others.

                    Comment


                    • #11
                      Originally posted by DACP View Post
                      Interesting, the 9th is generally way off base with the rest of the country and judicial system when it renders decisions. As for the attorney fees, Christ even at $100-200 an hour, that is a whole lot of jack to be tossed their way.
                      The judges on the 9th Circuit are not all liberals. Panels of three are picked at random, so you sometimes get two conservative judges.

                      As far as attorneys' fees go, $200 per hour would be cheap.
                      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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                      • #12
                        $400 an hour is the norm for a premium attorney around here

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                        • #13
                          Originally posted by Pogue Mahone View Post
                          That's a no-brainer, but I'm still shocked that it was the 9th Circus who actually pulled their heads out.
                          It actually makes sense. The 9th will pretty much always side with the one whose rights were violated. In this case the CHP and officer were subjected to an unfair and completely BS case. Also coupled with SCOTUS ruling that the only the information the officer had the time of the incident may be used in determining the correct amount of force may be considered. No more Monday morning quarterbacking.

                          "Eklund was unarmed, and her car was not moving when she was shot. Markgraf said he feared she was about to run down the other officers, but a federal court jury concluded in May 2009 that he had used deadly force with no legitimate law enforcement purpose."

                          Really? No purpose what-so-ever? How about the stolen car, high speed chase, assault with a deadly weapon (ramming police cars)? Easy 3 - 0 decision for the 9th.

                          Also an excerpt from the actual opinion:

                          Eventually the Ford turned onto a street that curves right at
                          the end into a cul-de-sac and hit a chain link fence. Markgraf’s
                          vehicle stopped broadside of the Ford and some thirty
                          feet behind it, followed by the other patrol cars. Markgraf got
                          out of his vehicle and ran to the right of the Ford to take cover
                          by a parked car; Johnson was still in the police unit, trying to
                          remove his seatbelt
                          .

                          Eklund then backed into the police car. When she drove
                          forward and stopped, Markgraf looked inside the Ford, did
                          not see any weapons, and tried unsuccessfully to open the
                          door and window while yelling at the driver that the chase
                          was over and to turn off the car. The driver yelled “F —- you”
                          at Markgraf. Eklund reversed again and rammed the police
                          car two more times. Markgraf then opened fire.


                          She was ramming a vehicle WITH an officer still in it. WTF was that jury thinking? He should have used water balloons?

                          http://www.ca9.uscourts.gov/datastor...6/09-16460.pdf
                          Last edited by wirefire2; 04-10-2011, 08:12 PM.

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                          • #14
                            Originally posted by phillydog07 View Post
                            It's the right decision on the part of the court. It's a shame that the two children will go the rest of their lives without their mother because of her decision to run from and then attack those officers.
                            the shooting"victim" made POOR life decisions, and it sounds like she was more concerned with "getting away" than her kids, or her own well being,or the well being of others....

                            ugly that the CHP officer had to use deadly force, in a bad situation,but we are living in a time here LE is being pushed to make those awful choices.You are going to see alot more "bad" shootings becuase people are willfully "going down fighting", and putting officers in the "you or me" situation....

                            Oh, and sometimes the 9th circuit court is on our side....
                            "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

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                            • #15
                              Originally posted by jannino View Post
                              $400 an hour is the norm for a premium attorney around here
                              OK, fine. $560,000/400 is still 1,400 hours. That's 35 weeks at 40 hours a week, doing nothing but working on this case.
                              The academy teaches you skills, the street gives you experience, but it all comes down to your instinct.

                              Comment

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