Posted on 07/22/2015 8:09:54 AM PDT by Mad Dawgg
(CNN)Anger over Sandra Bland's death in a Texas jail has boiled over after newly released video showed what happened at the traffic stop that led to her arrest.
Now, many question whether she should have been arrested at all.
The dashcam video shows Texas state Trooper Brian Encinia pulling Bland over July 10 for allegedly failing to use her turn signal. What started as normal conversation gets testy after Encinia asks her to put out her cigarette.
(Excerpt) Read more at cnn.com ...
More info...Safety Officer Exception: The safety officer exception is designed to protect police officers and fire fighters. The Texas Tort Claims Act does not waive immunity from claims arising from the method of police protection or firefighting.
BTW...Even if the jail violated a law and the family sued, they would never get millions. Their claims would be limited by TX law to a max of $500k:
Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
You know as well as I the dead womans family will sue the daylights out of Waller County and other agencies for millions and WIN.
And this will clearly contribute to higher taxes for those folks in Texas....Its not that hard, just admit it.
I like the part where this very unprofessional cop with the heavy badge returns to her vehicle with a signed warning ticket...The stop was all but done. And then the cop demands she put out a cig while she is sitting in her own private vehicle...
This guy intentionally escalated the situation which he used that as an excuse to put this women in a cage.....
This insane incident also made her miss her first day of work on a job...
Looking sharp Texas....
I bet you her family will sue for millions and win.
Wanna bet Tex?
??
Do you have a reading comprehension problem??? I don’t have to bet because I know they won’t sue for millions because the law PROHIBITS it. The most they can get is $300k from the county and that is ONLY if the jail violated the law!!!
TX tort reform makes the cop, the State, and any government unit IMMUNE if the law was not violated. Either way, any lawsuit will be handled by a judge and/or jury in TX and, we, Texans won’t give them a dime!!
More info...Safety Officer Exception: The safety officer exception is designed to protect police officers and fire fighters. The Texas Tort Claims Act does not waive immunity from claims arising from the method of police protection or firefighting.
BTW...Even if the jail violated a law and the family sued, they would never get millions. Their claims would be limited by TX law to a max of $500k:
Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
Apparently, the cop wasnt done because he had not released her. She is detained until he tells her to go. Since neither of us was there and we havent read the full report yet, we still dont know what the cops motivation even was.
Like I said, whether they can sue or not depends on what the investigation yields. If not laws or regulations were violated and she just killed herself then the family can NOT sue. Our law even prevents them from bringing the lawsuit. However, if the jail violated any laws or regulations then the family can and probably will sue.
Please keep in mind though that the judge and/or jury will be selected from Waller County so whether they win is pure speculation. However, the any possible lawsuit would have to be centered around the time she was in jail. The traffic stop itself would not even be admissible in court since it had NO bearing on her death. If the family wins the suit then, yes, the taxes in Waller County would increase, but that would not impact the entire State.
The family can NOT sue DPS or this trooper because our laws prevent it and make them immune since the trooper did NOT violate the law. It isnt a matter of opinion. It simply cant be done in TX.
You can say that the cop was a jerk and intentionally escalated the stop until your blue in the face, but that is a matter of opinion. The fact is, he still didnt violate the law so he is still immune. Even if DPS fired him for policy violations, he still is immune because he didnt violate any laws. No amount of silly personal opinions will change the black and white of the law.
See...I can copy and repost my posts too. Just because you keep saying the same stupid things does NOT make it true.
Just yesterday I believe...
I bet you her family will sue for millions and win.
If you’re so confident it won’t happen, this should be an easy bet for ya right?
??
I like the part where this very unprofessional cop with the heavy badge returns to her vehicle with a signed warning ticket...The stop was all but done. And then the cop demands she put out a cig while she is sitting in her own private vehicle...
Based on that this guy totally and intentionally escalated the situation which he used the cigarette as an excuse to put this women in a cage. Outrageous....
BTW, I will use your comments here when her family wins their lawsuits.
Those comments have been saved and secured. I’ll ping ya when they the government settles Tex...
You are a broken, whining record.
The irony of this whole situation is that she was a Black Lives Matter activist, but in the end apparently her own life didn’t even matter to her.
And you want others to be held accountable for something that had no value to her.
Pitiful.
You’ve got a bet!
Do you have a reading comprehension problem??? I dont have to bet because I know they wont sue for millions because the law PROHIBITS it. The most they can get is $300k from the county and that is ONLY if the jail violated the law!!!
TX tort reform makes the cop, the State, and any government unit IMMUNE if the law was not violated. Either way, any lawsuit will be handled by a judge and/or jury in TX and, we, Texans wont give them a dime!!
More info...Safety Officer Exception: The safety officer exception is designed to protect police officers and fire fighters. The Texas Tort Claims Act does not waive immunity from claims arising from the method of police protection or firefighting.
BTW...Even if the jail violated a law and the family sued, they would never get millions. Their claims would be limited by TX law to a max of $500k:
Sec. 101.023. LIMITATION ON AMOUNT OF LIABILITY. (a) Liability of the state government under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(b) Except as provided by Subsection (c), liability of a unit of local government under this chapter is limited to money damages in a maximum amount of $100,000 for each person and $300,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property.
(c) Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person and $500,000 for each single occurrence for bodily injury or death and $100,000 for each single occurrence for injury to or destruction of property
Watch the entire traffic stop video, it’s depicts what occurred very well.
Watch the part where this very unprofessional cop returns to her vehicle with a completed signed warning ticket...The stop was all but done. And then the cop demands she put out her cigarette while she is sitting in her own private vehicle.
Based on the video, the cop totally and intentionally escalated the situation which he used the cigarette as an excuse to put this women in a cage. When all he had to do was hand her the warning.....This is f*****g outrageous....
Apparently, the cop wasnt done because he had not released her. She is detained until he tells her to go. Also, her vehicle is not private since it is on a public roadway. Since neither of us was there and we havent read the full report yet, we still dont know what the cops motivation even was.
Like I said, whether they can sue or not depends on what the investigation yields. If not laws or regulations were violated and she just killed herself then the family can NOT sue. Our law even prevents them from bringing the lawsuit. However, if the jail violated any laws or regulations then the family can and probably will sue.
Please keep in mind though that the judge and/or jury will be selected from Waller County so whether they win is pure speculation. However, the any possible lawsuit would have to be centered around the time she was in jail. The traffic stop itself would not even be admissible in court since it had NO bearing on her death. If the family wins the suit then, yes, the taxes in Waller County would increase, but that would not impact the entire State.
The family can NOT sue DPS or this trooper because our laws prevent it and make them immune since the trooper did NOT violate the law. It isnt a matter of opinion. It simply cant be done in TX.
You can say that the cop was a jerk and intentionally escalated the stop until your blue in the face, but that is a matter of opinion. The fact is, he still didnt violate the law so he is still immune. Even if DPS fired him for policy violations, he still is immune because he didnt violate any laws. No amount of silly personal opinions will change the black and white of the law.
See...I can copy and repost my posts too. Just because you keep saying the same stupid things does NOT make it true.
Yes I am confident. Please save my comments. Better yet, look up TX Tort Reform laws and save those because those laws are what will govern any potential lawsuit.
It really isn’t that hard to understand. Texas laws prevent the suit or limit the suit. Texas judges/juries will decide the suit. Only the county is even potentially eligible to be sued. So NO, the family won’t win a thing.
I think you’re just jealous that TX is a conservative State with tort reform laws since you live in the failed, sissy State of californication.
Once again, watch the entire traffic stop video, its depicts what occurred very well.
Watch the part where this very unprofessional cop returns to her vehicle with a completed signed warning ticket...The stop was all but done. And then the cop demands she put out her cigarette while she is sitting in her own private vehicle.
Based on the video, the cop totally and intentionally escalated the situation which he used the cigarette as an excuse to put this women in a cage. When all he had to do was hand her the warning.....This is f*****g outrageous....
You can keep posting your same verbatim opinions over and over, but it still will only be your opinion and will not be true. Facts are stubborn things. You might start educating yourself a bit and actually read the laws so you don’t sound so ignorant, but I’m sure that would be too mentally exhausting or too hard for someone like you.
I’ve got an idea! Repost your same old, tired posts 5 times, close your eyes, and click your heals...
Nope...that still wouldn’t make your OPINIONS any truer. Good Luck!! :-)
Of course it's true and 100% based on the video....LOL! See the tag line Tex?
Ok...since you’re slow, let me say this again...
Unprofessional does NOT equal illegal!! His attitude, right or wrong, does NOT violate the law!! You can NOT sue a cop in TX, with State Constitutional immunity, unless he violates the law!!
The traffic stop (per SCOTUS) is NOT concluded until after the cops tells her he can leave!! When the ticket is written and/or given to the driver is irrelevant.
Hopefully, you will understand this time! Geez...like talking to a brick wall only the brick wall might be smarter.
Audio/video only shows the interaction. It is YOUR opinion that the cop had a bad attitude. MY opinion was that SHE had a bad attitude. However, both are OPINIONS.
The only facts, from the video, are that he did NOT violate the law and that she DID violate the law
Since every Texan that I talk to has agreed with me thus far, then I doubt your opinions will much matter.
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