Michigan Officer Shells Out $35,000 For Open Carry Stop

Bearing Arms ^ | 30 July 2015 | Bob Owens

[archy]

Of course, if it happens again, it can be foiled as a racketeering charge, based on the crime by Flint police being a continuing pattern of felony criminal activity.

And that would open the door for both triple damages and criminal penalties for the officers involved, which, because a firearm was used [by them] in the commission of a felony, the mandatory penalty would have to be applied to them by a federal judge, pursuant to the Federal Safe Streets Act.

[Gamecock]

The cop paid $35,000? Or the taxpayers shelled it over?

[FreedomPoster]

Great question. I suspect the latter.

[archy]

The cop paid $35,000? Or the taxpayers shelled it over?

per story: The lawsuit was forwarded to the township’s insurer.

[archy]

Of course, if it happens again, it can be foiled as a racketeering charge

That would be FILED as a racketeering charge....

[Gamecock]

Nah.

The title is all I need to read to make a kneejerk post.

[LachlanMinnesota]

The insurance company paid, as it says in the article. The premiums were part of the normal expenses of operations. The premiums on the policy were likely taxpayer paid as part of the operations of the police department, since the officer was acting in the course and scope of his duties as a LEO.

[mykroar]

The lawsuit was forwarded to the township’s insurer.

Any lawsuit proceeds against the party sued and then the insurance pays out. In most cases, insurance cannot be noted as involved during trial (if it gets that far).

[zeugma]

I’d have settled for a somewhat lesser amount if it came directly out of the cop’s pocket.

[Lurker]

Don’t forget 18USC242 and the related Civil statutes.

[RKBA Democrat]

Nice. The going rate for false arrest for open carry in Virginia is $10,000. Although there is a case in central VA pending that might end up being more pricey.

[Vigilanteman]

IOW, the taxpayers shelled it over . . . or eventually will in higher insurance premiums.

[archy]

IOW, the taxpayers shelled it over . . . or eventually will in higher insurance premiums.

We'll see if the insurance company execs serve the mandatory jail time if there's a follow-on case. As well as the 35,000 times triple damages, plus 1,5 times the attorney's usual fee [around here, often $495/hour for federal court work] in a 42 U.S. Code § 1983 action.

[RetiredArmy]

A lot of cities are their own insurers. But this place may be too small to carry that burden. When I worked in law offices, a lot of cases we had against cities, it was filed in court and served on the city and when we won the case, the city paid, not some insurance company. Thus, it is tax payer money they pay their losses on, not some insurance company they paid premiums too.

[Corky Ramirez]

$35,000? Not enough IMHO!

[Corky Ramirez]

And who pays the premiums, along with the subsequent rise in rates?

[cripplecreek]

Well that's one way to learn a lesson



Michigan legislative action thread

[Red in Blue PA]

We had a local case here in PA which cost the city $22,000.

[Red in Blue PA]

I would buy a 50 BMG and mount it on my car and pocket the other $25,000.

(The mounted BMG being symbolic).

[RKBA Democrat]

Damn! Virginians are settling for too little.