Judge: Mich. man can sue store he robbed

hostednews ^ | 4 hours ago

[JoeProBono]

MOUNT CLEMENS, Mich. — A Michigan judge says a man who claims he was chased, shot and beaten by workers at a store he'd just robbed can sue the men.....The 23-year-old filed a lawsuit against the store, its owner and three employees in April. Zielinski was shot twice and claims he was excessively beaten.

[JoeProBono]

[La Lydia]

His lawyer should be “excessively beaten.”

[DouglasKC]

Unbelievable. Our country is done for. Turn off the lights. The lunatics run the asylum.

[Nervous Tick]

Lesson learned: if you’re going to shoot and/or beat a thief, shoot or beat him to death.

[cripplecreek]

His lawyer should be “excessively beaten.”

with the judge.

[E. Pluribus Unum]

The store owner and employees should be ashamed of themselves for allowing the piece of trash to live when they could have legally finished him off.

[Anitius Severinus Boethius]

Circuit Judge David Viviano needs to be recalled.

[Question Liberal Authority]

claims he was excessively beaten.

How much should he have been beaten?

[the_devils_advocate_666]

"Circuit Judge David Viviano ruled this week that although Zielinski is indigent and imprisoned, he must post a $10,000 bond to cover the store and employees' attorneys fees if he looses the case."

This is at least good news.

[synbad600]

So the beaters should have waited to see if the beatee could have attacked them?

[ExGeeEye]

The lesson:

1. Double-tap to center mass, one to the head,

2. Repeat after me: "I feared for my life. I want a lawyer."

[Lancey Howard]

This is at least good news.

More than that, it kills the case.
...Although, the Democrat ACLU might get involved "pro bono" in the hope of getting their taxpayer jackpot if they win.

[DCBryan1]

One thing I teach in my CCW course to students is: DEAD MEN CAN’T TESTIFY, SUE YOU, OR REVICTIMIZE YOU.

[NRA1995]

Give him a Roman scourging followed by a salt-water bath!

[GeronL]

They need a shotgun behind the counter so they can make sure the perps can’t sue.

[Tenacious 1]

A better shot would have prevented this tragic lawsuit.

[Califreak]

Note to self:

Do not excessively beat-lightly whip instead.

[GeronL]

Yes, but money-grubbing “family” can come out of the woodwork with a crooked lawyer to try and sue.

[isom35]

is the judge from Great Britain?

[HamiltonJay]

This JUDGE NEEDS GONE!!!!

[KarlInOhio]

No mention is made of what the law is which allows the lawsuit or under which the judge could throw this out. This judge might not have the jurisdiction to throw out the case before the trial.

However, the plaintiff does have to post a $10,000 bond to cover defendents expenses if he loses (or looses as the article states) and will have a hard time coming up with the cash from his prison cell.

[tgusa]

Like I told my CCW-carrying wife, never carry unless you’re willing to shoot, and if you shoot, shoot to kill.

[cizinec]

You left off one important detail

Circuit Judge David Viviano ruled this week that although Zielinski is indigent and imprisoned, he must post a $10,000 bond to cover the store and employees' attorneys fees if he looses the case.

I think this is more of a "go ahead and sue, but you're going to have to pay their lawyer fees when it gets tossed." If Michigan law gives him access to the court, then Michigan law needs to get changed, not the judge.

I'm not a lawyer, so I can't speak to it. Sometimes judges are stuck with crappy laws. Don't blame the messenger.

[1776 Reborn]

Where is Sharia law when you need it? Is it fingers or the whole hand for theft?

[magslinger]

ping

[Seruzawa]

All your money are belong to us.

[magslinger]

You have met our Governor Granholm, then?

[fujimoh]

As citizens, we should sue the judge for his spend of tax payer cash on this crapola.

[La Lydia]

I read the whole story, and I stand by my lawyer-beating fantasies. The lawyer who agreed to bring this up, waste the court’s time, waste everyone’s time, deserves the treatment. Sorry.

[the long march]

So where is he going to come up with $10,000? I think that the judge may have cleverly hoisted this guy on his own petard

[F15Eagle]

Do not excessively beat-lightly whip instead

What if one forced the perp to watch an hour of The Rosie O'Donnell Special? Then again, that might be too harsh.

[No Truce With Kings]

Fegetabout, Jake. It’s Michigan.

This kind of stuff happens all the time in the Great Lakes State, and has happened over many, many years. It was one of the reasons I relocated from Michigan, where I was born, to Texas back in the late 1970s — and a major reason why I would never leave Texas to live in Michigan.

[La Lydia]

Welcome to Free Republic, Mr. Lawyer sir. My “professional misjudgments” do not include criminals and the court system, nor do they put other people’s lives at risk. Many lawyers, the criminal defense lawyers in particular, are unprincipled, bottom-feeding scum who would appeal the prison sentences of the very pukes who killed said lawyers’ mothers. (Of course, others are kindly family advisers who provide wills, oversee real estate transactions, etc., and, because they are not contributing to the debasement of civil society, are off my list for fantasy beatings.)

[Venturer]

I guess this is their just desserts for leaving him alive.

I would pay to get on the jury hearing this one.

[the long march]

Exactly. I think that the judge has done a clever thing. He has shut up the idiot lawyers who would sue and required the guy to pony up if he wants to sue.

brilliant

[ArrogantBustard]

He was NOT excessively beaten. The picture proves it.

[grellis]

If you would like to be added or dropped from the Michigan ping list, please freepmail me.

[grellis]

Viviano is a total (expletive). This I have known for years.

[Jagermonster]

Much as I know I am about to become the whipping boy for the next 20 comments, I have to say the judge is correct in his ruling. Of course the convict can sue for being shot and beaten after fleeing. You cannot use deadly force to defend property (and that includes recovery of stolen property). So, as ExGeeEye points out -

"The lesson:
1. Double-tap to center mass, one to the head,
2. Repeat after me: "I feared for my life. I want a lawyer."

However,I approve of the judge's actions. Here, the judge is working within the law (which requires that the crook get a chance at his day in court for the unlawful use of force) by effectively making that chance so expensive as to effectively terminate the suit.

The judge makes three points in this simple action:
- The judge is upholding the letter of the law.
- The judge is acting in the spirit of the law to do substantial justice.
- The judge tells the attorney that there is no way in hell the plaintiff is going to win in his courtroom, and to quit now and save everybody the trouble. It also gives the attorney an easy out with the client: "Hey, Judge says you gotta post a $10k bond, can you get that? Not while you're in prison? I guess you're SOL then."

I like this judge.

[GoldenPup]

Mich. man can sue store he robbed

One of the problems with letting a perp walk away.

[ArrogantBustard]

He was NOT excessively beaten. The picture proves it.

[Springman]

Well, his family does have a nice flower shop in SCS.

May be the only reason he was elected.

[cyclotic]

I voted for that judge. Not again.

[PeterPrinciple]

So where is he going to come up with $10,000?

---

Sounds like the lawyer representing him might be dumb enough to do this?

[rintense]

Talk about emboldening the terrorists! Criminals have more rights than victims these days. What a way to recruit more criminals.

[the long march]

If he is indigent he has a PD and they don’t have that kind of cash floating