Say it ain’t so. We won’t mention the race of the accused. Surely that didn’t figure into the charges. Let’s just echo what we hear from government apologists all the time: “Mistakes were made.”http://thefreethoughtproject.com/hero-employee-robbery-police/
An Incompetent Cop?
- Thread starter Ponca Dan
- Start date
Negligence is a defense in civil rights actions, Dan. Think about how much sense that makes. We have some tremendous badge bunnies on the U.S. Supreme Court through the years. Stable fed, corporate-bred, institutional creatures that defend capital and power enable that to happen.
You certainly seem open to discussing alternative viewpoints that may differ with yours.
You mean viewpoints that don’t accept the “mistakes we’re made” defense? Of course I’m open to listening to those viewpoints! Is it your view that “mistakes were made” is an insufficient defense? I would love to hear what you have to say about it. Please pontificate!You certainly seem open to discussing alternative viewpoints that may differ with yours.
FWIW, it appears that this particular officer was grossly incompetent and civilly liable for a violation of the guy's civil rights to me. I don't, however, see, evidence of malice. Mistakes were made. Mistakes for which he should pay civilly.
It's your imputation of a particular example to the totality of the profession of which I was commenting.
It's your imputation of a particular example to the totality of the profession of which I was commenting.
Ah, JD, you have lectured me in the past for making assumptions for which there is no evidence. Glass houses! I have made no such imputation. Technically I have accepted that poor incompetent police officer’s defense. Just a minute ago I said (and I quote) “there’s nothing to see here. Move along.” I’ll take your apology off the air!
Why on earth would you imply a racist element into this with zero sourced evidence?
So if there’s no intent to commit a civil rights violation, there’s still a winning case for false imprisonment in state court because of this negligence, right? Or no?
I made no such implication! In fact, I explicitly said I wouldn't bring up that subject!
Intent is kind of irrelevant if you're talking about the officer's conduct. His subjective intent is irrelevant and courts make a big production out of the distinction between sujective motive and objective conduct. Yes, I know that sounds crazy, but it's true.
There are typically tort claims acts that prevent cops from having much liability under state law.
I want intent to be required for a civil rights violation. But I want this guy to be compensated in a state court action. $1.5 million sounds steep to me, though. (I understand you start high). It would be interesting to see how this story ends.
I have a serious question for you. I have never been caught up in the American criminal justice system, so I don't know exactly how it works. If I understand things correctly the cop does the investigation, gather evidence and delivers it to a district attorney (prosecutor?), who then takes that evidence to a judge who issues an arrest warrant. Is that correct? If that is correct, why would the cop be the only one liable for a civil suit, as JD says? Why wouldn't the prosecutor and the judge be equally liable? They participated in the travesty as much as the cop. Why would the cop be the only one to get spanked?
The judge and prosecutor probably did nothing wrong and if they did they have near total immunity. You can't assume the judge and DA had all facts when charging/warrant decisions were made. They rely on LE until a defendant is heard. Sounds like an incompetent cop at first blush.
Read the SCOTUS Connick decision if you want a primer in enabling prosecutorial malfeasance.
Good rejoinder! Exactly what we've come to know and expect from CowboyJD. Your law school taught you well, Grasshopper. Never let them see you sweat, never admit an error, never back down, never apologize! (Once again, I'm just messing with you!)
I guessing both have some immunity given both serve different roles in the process compared to the arresting officer.
Yes, that seems obvious. It seems to my the prosecuting attorney who brought the evidence to the judge was just as incompetent as the cop, though. I mean he presented the evidence. Didn’t he even look at it before taking it to the judge? It took the defense attorney no time at all to see the error. I find it curious that the cop can be sued but not the prosecutor, who seems equally incompetent, and who equally participated in this abomination of justice. Keep my away from deKalb County, GA!
You'd be amazed at what gets pushed through the system. When I served on the Dallas Grand Jury we heard/saw several cases which shouldn't have made it to us and should have been dropped.
I'm down with him being tried in civil court, don't think I'd give him 1.5 million though. I'll be honest when I see that it kind of turns me off of feeling sorry for the guy. I definitely think he's owed something because I'm sure it sucked but 10k and pay for his attorney/court cost would be about my limit.
It winds up being a fourth amendment issue. We are protected against unreasonable search and seizure. So if it’s a bad arrest (as in there really wasn’t probable cause for the arrest because the officer lied, for example), then the person who was falsely accused has had his civil rights violated.
I should have explained that an arrest is viewed as a seizure, so that’s how the fourth amendment applies.
Maybe somebody with a law degree can explain it better and I won’t be offended if somebody wants to elaborate.
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