Posted on 02/08/2012 6:29:54 PM PST by redreno
A motorist who was pulled over after driving erratically and was methodically kicked in the head by a Henderson Police officer — while being videotaped by a Nevada Highway Patrol dashboard camera — will receive a $158,000 settlement.
The motorist said he was weaving because he was in diabetic shock. Police found a vial of insulin in his pocket. The settlement amount was blessed by the city attorney then approved by the Henderson City Council tonight.
(Excerpt) Read more at lasvegassun.com ...
This gets asked a lot.
The answer is because you are responsible for the actions of your employees while on the job.
This is the flip side of "for the people, by the people, of the people". I know that this is not a comfortable thing but perhaps the locals will start to pay attention to who they are hiring when it starts to hurt enough.
Wow, somebody actually gets stuck on jury duty!? Next time you are called for jury selection let me know and I'll give you a few pointers on how to get out of it.
Actually thought one of these years I might let them pick me but it seems like such an awful lot of aggrevation to go through a trial.
I'm sure I'd be admonished for getting up out of the jury box and walking around during the proceedings. I'm sure I could not sit still through a trial.
This is felonious assault.Why isn’t this cop in prison? Why doesn’t he lose his home in a lawsuit?
Because anyone seriously threatening the status quo can easily find themselves "flaked" and on the business end of a baton themselves.
By my count 5 out of five cops aren't. If there were one decent man, the kicker would have been stopped by the third kick.
Does that imply if it had been [illegal] drugs then the beating would be ok?
Sue. Get your settlement. Move far away. Revenge by police is real.
One of our friends was pulled over for weaving in a school zone. When the cop came to her door, she opened the door into and almost knocked him down. He asked if she was OK. She said “Yes, but there is a f****** wasp in my car”. He helped her get the wasp out and ler her go on her way.
He also did not arrest the cop who should have been charged with felony assault. That makes the state trooper and the other three cops as guilty as the ahole who did the kicking.
One of the few things that Sarah Silverman has ever said that is worth repeating is her quip from the very first episode of her former sit-com:
Cop: Do you know why I pulled you over?
Silverman: Because you graduated last in your high school class?
Actually, that's not true. You are only rsponsible for the acts of the your employess that are within the lawful scope of employment. Kicking a guy in the head, who is in diabetic shock and already on the ground in cuffs is not within the scope of lawful employment. In fact, the very essence of tghe civil rights act is to hold individuals liable who violate a person's civil rights while actingunder color of law. The Civil Rights Act calls for personal liability. Unfortunately, many municipalities have voluntarily agreed to defend and indemnify bad cops who whould otherwise have been personally liable for damages and the municipalities have purchased insurance often at a very high cost to cover the claims.
Police departments in at least some of the smaller forces have an IQ cut off well below 100 because they can’t afford the officers who get on the small force then when they have some experience take off for the big city. The dumber cops have a harder time getting hired by bigger urban departments and are more apt to stay in Smallville..
I’ve done jury duty 3 times in 40 years and have yet to “deliberate.” Two trials ere aborted by changed pleas before they actually got going. In one the evidence and the witness testimony was so thin that the jurors all had a hard time not laughing and it got dismissed before the defense presented its case.
The prosecutor as she was selecting the jury said, “If I prove beyone all doubt that the defendent is guilty, will all of you be able to vote to find the defendent guilty, raise your hands.”
Everyone raised their hands. I keep my hand down. She looked at me and asked, did you not understand the question?
Answer: You are asking me to make a decision on this case before I have heard it. Even if I think they are guilty, I may not agree and may vote not to convict (jury nullification).
If the prosecutor does not ask it, the judge will ask something like, do you all think you can follow my instructions.
Answer: No. I may choose to ignore your instructions. I mean, I won’t talk to other people about the case but I may not follow your instructions as to the law (jury nullification).
That seems to get you out of jury duty.
I don’t mind serving was the first time I hadn’t been in the service or otherwise excused. I was suprised they accepted me because I was legal officer on one of my ships as a collateral duty (writing charges, capts mast, admin seps, etc). The issue came up but the judge had limited them on the number they could each throw off - I could tell the defense was struggling as to which of three or four he wanted to toss and I came along and he knew he just wasn’t going to have enough slots to go around - I think he felt I was the better choice (I’m guessing he didn’t think emotional pleas on either side would sway me and I’d stick to the facts - which I did and called out in the jury room a couple of things from both sides, but I wasn’t the only one which helped make things go smoother). Who knows.
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