Libertarian ping! Click here to get added or here to be removed or post a message here!
Posted on 08/27/2014 6:24:08 AM PDT by bamahead
On a Sunday afternoon in 2008, a tactical police team raided the Easton, Connecticut house of Ronald Terebesi searching for a small amount of personal drugs. While by day's end the police discovered drug paraphernalia and 0.02 ounces of a substance believed to be crack cocaine, an officer also killed Terebesi's unarmed guest, Gonzalo Guizan (pictured), by discharging his Glock sidearm six times until the weapon finally jammed.
Guizan's estate and Terebesi filed civil suits against the officers in the raid, although the estate later settled out of court for $3.5 million. The tactical team—called SWERT for Southwest Regional Emergency Response Team—was composed of police officers from six different towns. The defendants, all of whom either planned or participated in the raid, requested summary judgment based on qualified immunity, which the district court for the most part denied (the court agreed police had lawfully acquired the search warrant and dismissed failure-to-train claims against the town chiefs). The defendants appealed.
On Thursday, the U.S. Court of Appeals for the Second District affirmed most of the lower court's denial of summary judgment and remanded the case.
--SNIP--
The Appeals Court affirmed the district court's denial of summary judgment on every point save one ... Solomon was within his rights to activate the SWERT team in the first place (the town of Easton, probably upon reviewing their insurance premiums after the settlement with Guizan's estate, appears to have disagreed: Solomon's contract was not renewed and he was shown the door). But on every other count the court tilted in Terebesi's favor, noting that the use of stun grenades, being pinned by the officers' shields, the poor planning and approval of the raid, and even the failure of officers to intervene to stop it are constitutional grounds for a trial.
(Excerpt) Read more at reason.com ...
Correction: And NOT Get Away With It!
This is good. Nothing is going to change until the officers involved in this nonsense are held personally liable for their actions.
Fighting back ping to self.
I think the solution to this is for the cops to have to carry malfeasance (malpractice) insurance, and have it be at their own personal expense, by law.
Let the actuaries put the bad cops in another line of work.
Only when bad cops are held accountable instead of protected, then things will change.
This is a start.
/johnny
Why is there never repercussions for the judges that approve search warrant applications. those judges are supposed to be the control on overeager cops. Rubber stamping these applications defeats the purpose of having judicial review.
if the cops want to be soldiers, they should enlist
Exactly.
Just a generic observation and NOT to defend bad cops:
I don’t know where whole societal groups who gladly accepted a completely unvetted Presidential nominee are in a position to demand a more and greater vetting process for local law enforcement.
It is like having it both ways.
OK-so now, flame me.
Anyone else wonder how/why a Glock jammed after only 6 rounds? What, did he never, ever clean it? I can get my wife's little Ruger 380 LCP to jam fairly easily by limp-wrist firing. I can even get her Smith and Wesson M&P 9C to do the same. Same bad techniques tried on my Glock G19 though and all it does is kick the brass straight back into you. (excessive muzzle rise) Wonder if it was bad ammo.
What do you know? As soon as lefties get upset about “militarized policing” we get an appeals court ruling that starts rolling back cops’ immunity.
But, IMPOSSIBLE!
Glocks are magical and never fail, OMG!
No flamage needed. You are right. Liberals want it both ways. They don't understand the cognitive disconnect.
The Current FReepathon Pays For The Current Quarter's Expenses?
The genius of the market in action!
Glocks, H&Ks, Colts, and Khars. It does not matter.
Somewhere around 10,000 rounds whatever you magic people popper is, it will fail. It may just be a lack of accuracy, but it will not work as well as new. When I was an armorer, we had some 1911’s that were made in 1943 (Remington-Rand's). They had the CPE of an North Korean ICBM at 100 feet, but always went bang.
On the plus side, you can you can take the old ones and put a .22 slide on them and they have a new life.
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