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Old 06-30-2013, 03:33 PM
 
5,150 posts, read 7,767,541 times
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Quote:
Originally Posted by MattCW View Post
The Constitution is the law, the only violators were the authority figures. If the charges had merit, they wouldn't have been dropped, so even the real authorities knew that he hadn't violated the law.
The charges had merit according to the court. That is a matter of record. Luckily the sides came together and did what was best for the boy and not listen to your busted Constitutional theories.
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Old 06-30-2013, 03:39 PM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
Quote:
Originally Posted by GCharlotte View Post
It's from the same record as anything else. While you are more reasonable than most, I don't expect those that believe a t-shirt is protected by the 2nd Amendment to be satisfied if they heard it from the source.
The t-shirt was representing his 2nd amendment rights. Protected by the 1st, representing the 2nd.


Quote:
Maybe but no one will even take a stab on what grounds. No matter, the motion for dismissal won't change.
On the grounds that he broke no law, rule, statute, or anything in between.


Quote:
School was what?
Why are people unable to follow a conversation? You said.

The school was not a party.

I said it was and will be a part of the lawsuit.
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Old 06-30-2013, 03:40 PM
 
79,907 posts, read 44,231,797 times
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Quote:
Originally Posted by GCharlotte View Post
The charges had merit according to the court.
I've not seen where any court has claimed that.

Quote:
That is a matter of record. Luckily the sides came together and did what was best for the boy and not listen to your busted Constitutional theories.
I'm not the one making things up.
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Old 06-30-2013, 03:55 PM
 
5,150 posts, read 7,767,541 times
Reputation: 1443
Quote:
Originally Posted by pknopp View Post
On the grounds that he broke no law, rule, statute, or anything in between.
That's saying what happened not what the claims will be. This is a clear slate and I was hoping someone would predict with valid terms what the counts in the lawsuit would be.

Whatever it would be would have to be pretty lofty considering sovereign immunity as a hurdle.

I'll give my predictions. 50/50 chance a lawsuit is ever filed. If filed they'll sue everyone they can think of personally and officially. The cop and police department get out easy due to the results of the preliminary hearing (of Jared not the imagined lawsuit).

The case will be dismissed either due to immunity or for failing to state a claim which relief can be given. In other words, the court will take the statements by plaintiff as truth (only for the sake of the motion) and just like looking at what you said above, if considered true there's no relief in law that the court can give and therefore will be dismissed.

I also predict that the case will be filed in circuit court and remove to federal.

I am not a lawyer and these are only predictions. I certainly can be wrong. The insurance company for the defendants may want to pay to make it go away because it's cheaper (which also means they better not be greedy) and that's the insurance company's call not the government. But if they go and sue everyone in personal capacity (which I expect since that's what kitchen sinks are for) would the insurance companies even defend them? I don't know but that's where they can cut off their nose etc. To go for a settlement they should sue the school only and ask for just a little bit. That might work from an economic standpoint and that's up to the insurance company. But if they want $2M like bikini girl then I'd expect a fight.
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Old 06-30-2013, 03:56 PM
 
5,150 posts, read 7,767,541 times
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Quote:
Originally Posted by pknopp View Post
I've not seen where any court has claimed that.
If you want to equate probable cause with meritless then that's your prerogative.
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Old 06-30-2013, 04:13 PM
 
Location: Decatur, GA
7,359 posts, read 6,532,723 times
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Ok, so what probable cause was there that he obstructed an officer?
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Old 06-30-2013, 04:13 PM
 
5,150 posts, read 7,767,541 times
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Quote:
Originally Posted by MattCW View Post
Ok, so what probable cause was there that he obstructed an officer?
Ask the kid. He's the only one that can say therefore he's the only one with the truth.
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Old 06-30-2013, 04:37 PM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
Quote:
Originally Posted by GCharlotte View Post
That's saying what happened not what the claims will be. This is a clear slate and I was hoping someone would predict with valid terms what the counts in the lawsuit would be.
There will be no counts. Counts are not a part of a lawsuit like this.

Quote:
Whatever it would be would have to be pretty lofty considering sovereign immunity as a hurdle.

I'll give my predictions. 50/50 chance a lawsuit is ever filed. If filed they'll sue everyone they can think of personally and officially. The cop and police department get out easy due to the results of the preliminary hearing (of Jared not the imagined lawsuit).

The case will be dismissed either due to immunity or for failing to state a claim which relief can be given. In other words, the court will take the statements by plaintiff as truth (only for the sake of the motion) and just like looking at what you said above, if considered true there's no relief in law that the court can give and therefore will be dismissed.

I also predict that the case will be filed in circuit court and remove to federal.

I am not a lawyer and these are only predictions. I certainly can be wrong. The insurance company for the defendants may want to pay to make it go away because it's cheaper (which also means they better not be greedy) and that's the insurance company's call not the government. But if they go and sue everyone in personal capacity (which I expect since that's what kitchen sinks are for) would the insurance companies even defend them? I don't know but that's where they can cut off their nose etc. To go for a settlement they should sue the school only and ask for just a little bit. That might work from an economic standpoint and that's up to the insurance company. But if they want $2M like bikini girl then I'd expect a fight.
There is no such thing as to immunity in violating someone's constitutional rights.
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Old 06-30-2013, 04:38 PM
 
79,907 posts, read 44,231,797 times
Reputation: 17209
Quote:
Originally Posted by GCharlotte View Post
If you want to equate probable cause with meritless then that's your prerogative.
Again, it's your claim, not mine.
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Old 06-30-2013, 04:41 PM
 
5,150 posts, read 7,767,541 times
Reputation: 1443
Quote:
Originally Posted by pknopp View Post
There will be no counts. Counts are not a part of a lawsuit like this.

There is no such thing as to immunity in violating someone's constitutional rights.
Oh? Please show me a lawsuit without counts. I'm eager to learn since I'm not a lawyer.

Again you cannot sue for "violating someone's constitutional rights". Your request for relief must be more specific. I'm sad that no one here can iterate what would be in the lawsuit. If rights then what right, by who and why does it rise to the level of a lawsuit?
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