Robber Sues the Store He Robbed
POSTED IN CRIMINAL LAW PROCESS BY SHULAMIT SHVARTSMAN FOR LAWYERS.COMSM
It sounds like a joke: A man walks into a store and robs it. The store’s employees fight back against the armed robber, chasing and shooting him. The man goes to jail for the robbery and then sues the store and employees for beating him up!
Unfortunately, this isn’t a joke.
The Robbery
In November 2007, Scott T. Zielinski entered Nick’s Party Stop in Clinton Township, Michigan. With a knife, he threatened to kill the store’s employees. He stole cigarettes, alcohol and $873 in cash.
Zielinski ran out of the store, and was chased by a store employee and shot him with a .357 Magnum. The store employees proceeded to beat Zelinski until the police arrived.
The Lawsuit
Zielinski, 23, had a prior armed robbery conviction for robbing a bank and was sentenced to one year and seven months in prison. for this crime, he agreed to plead to an unarmed robbery, and is serving an 8-year sentence.
In April 2009, he filed a lawsuit against the store, the store owner and its employees seeing $125,000, claiming that he was beaten excessively.
Can A Robber Sue?
While the case ended up getting dismissed, it wasn’t because of the absurd claim. The Judge, David Viviano allowed the case to proceed, however, he required that Zielinski post a $10,000 bond.
Why Post a Bond?
Requiring the posting of a bond is rare for a civil case. However, where a felon sues for injuries received during his crime, the judge can require it. This is one of the few cases where the accused can win legal fees to be paid out of the bond.
The purpose of the bond is to cover the store and employees’ attorney’s fees if he loses the case.
According to Zielinski’s affidavit, he couldn’t pay this bond and claims to have no assets. On December 5, the Judge dismissed the case.
Does This Make Sense? What About Self-Defense?
Bond or no bond, it seems strange that a robber can sue after being injured from his own robbery. Also, if someone is robbed or attacked they should be allowed to defend themselves.
While the law allows for self-defense, reasonable force must be used. Zielinski’s lawyer explained the store employees used excessive and unreasonable force against him. “We don’t live in a country with vigilante justice. We don’t live in the Wild West. We live in the United States with a justice system. Whatever you think about Scott Zielinski, he’s already serving his time,” she said. “As a society, we can’t get more justice than the legal system allows.”[1]
http://criminal.lawyers.com/criminal-law-basics/robber-sues-the-store-he-robbed.html
No one should be raped.Ever. And those who rape should be prosecuted and the victim should receive medical care and counseling. And the “johns” who beat up and rape people should be prosecuted. Rape is NOT sex, it is a violent act.
Most prostitutes are victims themselves..if they can get help and support, they just may get out of that business. Many are addicts and if they can get help with the addiction, and hopefully spiritual help too, they may be able to go on with their lives.
Sure they're skanky, but they make it up on volume...
If the “John” slips away without paying the sex worker, can she cry RAPE?
“So, can I get compensation if I am shot robbing the Quickie Mart? “
Rob the Quicky Mart down here there won’t be enough left of you to get compensation.
Do crack dealers get workmans comp after a drive-by?
Him can they lawfully be reimbursed for “lost wages” which they would have “earned” while engaging in unlawful acts?
What of the pot grower who is robbed or suffers losses if their operations are impaired by criminal destruction of their operations?
Do the pimps get a cut?