Watch yourself if you are driving in Glendale ! (Mesa: 2014, legally)

[teddyearp]

JG, I was being a tiny bit sarcastic . . . .

[MN-Born-n-Raised]

Originally Posted by JGMotorsport64

Yes, but usually the target is the employer (City of Glendale, who I believe is self-insured) because they have reserves to pay judgments. You'd allege that the City of Glendale is vicariously liable for the officer's acts and is also independently liable for failing to properly train and supervise him. They probably toss in a 1983 claim as well (deprivation of Constitutional rights).

You don't really want to try to separate the officer from his employer because you don't want a jury to award let's say $500,000 and then apportion the officer to pay $250,000 of it personally because you'll never get it.

Thanks for sharing. Out of curiosity, what range do you think the settlement will eventually be? If $0, what are the chances?

[JGMotorsport64]

Originally Posted by MN-Born-n-Raised

Thanks for sharing. Out of curiosity, what range do you think the settlement will eventually be? If $0, what are the chances?

Couldn't tell you, unfortunately. Too many variables and suing public entities in Arizona is pretty complicated due to tort reform legislation that occurred in the mid-90s. There are several unforgiving immunities you have to plead around and procedural steps you have to jump through to even initiate and maintain the lawsuit. There's always a shot of dismissal (no money) if the immunities and procedural steps are not navigated correctly, and that happens all the time. Provided that Marc Victor’s office dots all of its I's and crosses its T's (no reason to think they would not) it'll be more than $0 for sure.

The actual range depends on what is claimed and what the damages are. I'd anticipate he will claim actual physical injuries, some permanent if there are burns from the taser and from the kicks to the genitals, some emotional injuries, anxiety, humiliation etc., missed time from work if he has a job and had to miss time, reputation damages because its such a public event and everybody knows his name now because of this, and then the kids/other people in the car will probably get emotional damages for what they witnessed and how close they were to it.

If the criminal charges brought against him are bogus, that adds to the reputational damages because it impacts employability among other things. There would probably be a multiplier of the damages because of how bad the video looks given our political environment around police officers and the fear of what a jury would award in lieu of settling out of court. What will drag this out is that (I think) the City of Glendale is self-insured (meaning they are paying with reserves they set aside for these sorts of claims), instead of insured through a dedicated insurance carrier, like State Farm or something. If that’s the case they’ll fight it and drag it out for awhile while public pressure cools down and the next local municipality does something to divert attention (remember Tempe PD killed a kid not too long ago? or Mesa PD beat up that guy in the face?), then quietly settle it.

Fortunately, settlements with public entities are never confidential so we will know what he gets once it does settle.

***all of this is just me surmising things.

[MN-Born-n-Raised]

Originally Posted by JGMotorsport64

Couldn't tell you, unfortunately. Too many variables and suing public entities in Arizona is pretty complicated due to tort reform legislation that occurred in the mid-90s. There are several unforgiving immunities you have to plead around and procedural steps you have to jump through to even initiate and maintain the lawsuit. There's always a shot of dismissal (no money) if the immunities and procedural steps are not navigated correctly, and that happens all the time. Provided that Marc Victor’s office dots all of its I's and crosses its T's (no reason to think they would not) it'll be more than $0 for sure.

The actual range depends on what is claimed and what the damages are. I'd anticipate he will claim actual physical injuries, some permanent if there are burns from the taser and from the kicks to the genitals, some emotional injuries, anxiety, humiliation etc., missed time from work if he has a job and had to miss time, reputation damages because its such a public event and everybody knows his name now because of this, and then the kids/other people in the car will probably get emotional damages for what they witnessed and how close they were to it.

If the criminal charges brought against him are bogus, that adds to the reputational damages because it impacts employability among other things. There would probably be a multiplier of the damages because of how bad the video looks given our political environment around police officers and the fear of what a jury would award in lieu of settling out of court. What will drag this out is that (I think) the City of Glendale is self-insured (meaning they are paying with reserves they set aside for these sorts of claims), instead of insured through a dedicated insurance carrier, like State Farm or something. If that’s the case they’ll fight it and drag it out for awhile while public pressure cools down and the next local municipality does something to divert attention (remember Tempe PD killed a kid not too long ago? or Mesa PD beat up that guy in the face?), then quietly settle it.

Fortunately, settlements with public entities are never confidential so we will know what he gets once it does settle.

***all of this is just me surmising things.

An interesting read. Thanks for sharing!

[MN-Born-n-Raised]

Here are what the experts are saying:

https://www.youtube.com/watch?v=wqY0s1dpxys&app=desktop

[teddyearp]

Hmm, after further research . . . . well, I hate to say it, but this gentleman is going to have a hard time with this case I bet. He is absolutely no stranger to the criminal justice system. In fact, if he does win this case before say 2022, it will put a lot of money on his books.

Looking at all the things I just looked at (Arizona does nothing to keep your mistakes a secret), I doubt he could prove much in the way of physical injuries that might have kept him from strenuous activities, missed time from work, loss of employ-ability, nor any impugning of his reputation. Not saying that those facts justify the actions of the police, just stating that he's done a whole lot to ruin his own reputation and chances of being gainfully employed all by his own self.

[JGMotorsport64]

Originally Posted by teddyearp

Hmm, after further research . . . . well, I hate to say it, but this gentleman is going to have a hard time with this case I bet. He is absolutely no stranger to the criminal justice system. In fact, if he does win this case before say 2022, it will put a lot of money on his books.

Looking at all the things I just looked at (Arizona does nothing to keep your mistakes a secret), I doubt he could prove much in the way of physical injuries that might have kept him from strenuous activities, missed time from work, loss of employ-ability, nor any impugning of his reputation. Not saying that those facts justify the actions of the police, just stating that he's done a whole lot to ruin his own reputation and chances of being gainfully employed all by his own self.

But the fact this happened caused you to look in the first place, like a lot of other people (employers) who will now have a lot of information through Google that the rest of us don’t have on us.

Every time he gets a job, there will be a video of him getting tased in the nuts while his kids are screaming found during routine google searches. Every time he makes a sale or tries to get a client (if his line of work requires that) that’s what will be found.

[teddyearp]

Originally Posted by JGMotorsport64

But the fact this happened caused you to look in the first place, like a lot of other people (employers) who will now have a lot of information through Google that the rest of us don’t have on us.

Actually it is not Google, there's a couple of sites by the State of Arizona where it is all there for anyone to find, for free. And I have never had anything like this happen to me but I know for a fact that prospective landlords and employers of mine have used them.

[JGMotorsport64]

Originally Posted by teddyearp

Actually it is not Google, there's a couple of sites by the State of Arizona where it is all there for anyone to find, for free. And I have never had anything like this happen to me but I know for a fact that prospective landlords and employers of mine have used them.

I know. But I’m saying if you Google his name that information becomes more abundant and obvious. It’s pages of his life and commentary about it. To find your stuff requires you to search public records and court records and generally with a purpose to find that information

. It’s kind of like those websites that publish mugshots. The mugshot is a public record, but you gotta be looking for it. When it gets published by a third party it’s the first thing that comes up, whether you were looking for it or not.

[Zippyman]

Originally Posted by teddyearp

Hmm, after further research . . . . well, I hate to say it, but this gentleman is going to have a hard time with this case I bet. He is absolutely no stranger to the criminal justice system. In fact, if he does win this case before say 2022, it will put a lot of money on his books.

Looking at all the things I just looked at (Arizona does nothing to keep your mistakes a secret), I doubt he could prove much in the way of physical injuries that might have kept him from strenuous activities, missed time from work, loss of employ-ability, nor any impugning of his reputation. Not saying that those facts justify the actions of the police, just stating that he's done a whole lot to ruin his own reputation and chances of being gainfully employed all by his own self.

This is exactly why money damages aren't enough- there needs to be a criminal prosecution for the civil rights violations. A felony charge (rightfully) protects the public by removing at least one & in my opinion several of these officers from having the ability to do this again & acts as a deterrent against bad behavior. As it stands, one cop got three days off & the rest suffered no repercussions & there's absolutely no doubt in my mind of what their report reads like. One officer got beaned in the head during an unlawful arrest - much like our felony murder statute, play stupid games, win stupid prizes. The lies supporting the bogus charges are far more worrisome than the physical assault that occurred.