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Old 01-26-2016, 01:58 PM
 
Location: Mount Airy, Maryland
16,276 posts, read 10,405,411 times
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We should all applaud this ruling and hope more follow. The officer was not only acquitted but also cleared when internal affairs ruled his actions were "within policy". Well rulings like this may force a change in this policy as jurisdictions try to avoid a similar award.

Last edited by DaveinMtAiry; 01-26-2016 at 02:18 PM..

 
Old 01-26-2016, 02:49 PM
 
50,730 posts, read 36,447,875 times
Reputation: 76547
Quote:
Originally Posted by DaveinMtAiry View Post
We should all applaud this ruling and hope more follow. The officer was not only acquitted but also cleared when internal affairs ruled his actions were "within policy". Well rulings like this may force a change in this policy as jurisdictions try to avoid a similar award.
That would be awesome
 
Old 01-26-2016, 03:37 PM
 
8,609 posts, read 5,616,096 times
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Quote:
Originally Posted by DaveinMtAiry View Post
We should all applaud this ruling and hope more follow. The officer was not only acquitted but also cleared when internal affairs ruled his actions were "within policy". Well rulings like this may force a change in this policy as jurisdictions try to avoid a similar award.
This is clearly one instance where IA failed in no small way.
 
Old 01-26-2016, 04:31 PM
 
Location: Way up high
22,327 posts, read 29,417,031 times
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Good
 
Old 01-27-2016, 05:08 AM
 
Location: Mount Airy, Maryland
16,276 posts, read 10,405,411 times
Reputation: 27593
Quote:
Originally Posted by AFtrEFkt View Post
This is clearly one instance where IA failed in no small way.
Not if the policy was the problem.
 
Old 01-27-2016, 08:07 AM
 
3,129 posts, read 1,331,571 times
Reputation: 2493
Ummm, this wasn't a ruling.

This was a settlement out of court, that was done in order to avoid an expensive trial.

The only reason this had a good outcome is because this pet was owned by someone who could afford to pay an attorney to take the city to court. For the vast majority of us, the ruling that the officer acted "within policy" would have been the end of it.

So the only "ruling" is that the officer acted properly, meaning it leaves the door open for this to continue happening.
 
Old 01-27-2016, 10:22 AM
 
15,526 posts, read 10,495,101 times
Reputation: 15809
Quote:
Originally Posted by DaveinMtAiry View Post
We should all applaud this ruling and hope more follow. The officer was not only acquitted but also cleared when internal affairs ruled his actions were "within policy". Well rulings like this may force a change in this policy as jurisdictions try to avoid a similar award.
Yep, hopefully this will force the county to change their horrid inhumane "policy".
 
Old 01-27-2016, 04:22 PM
 
17,558 posts, read 13,339,567 times
Reputation: 32999
Quote:
Originally Posted by acercode View Post
Most cops are criminals with a badge.
BOLLKAKA
 
Old 01-28-2016, 04:28 AM
 
Location: Mount Airy, Maryland
16,276 posts, read 10,405,411 times
Reputation: 27593
Quote:
Originally Posted by Raddo View Post
Ummm, this wasn't a ruling.

This was a settlement out of court, that was done in order to avoid an expensive trial.

The only reason this had a good outcome is because this pet was owned by someone who could afford to pay an attorney to take the city to court. For the vast majority of us, the ruling that the officer acted "within policy" would have been the end of it.

So the only "ruling" is that the officer acted properly, meaning it leaves the door open for this to continue happening.
You are missing the point. A settlement still resulted in a record payout. That is the issue, the payout not how it was reached. Now other jurisdictions have seen this settlement and I would think try to lower their exposure to such a payout by training officers and changing their policy. Other dog owners remember this and may react the same and seek council should something similar happen to them.

To claim only the rich have the ability to sue is nonsense. Lawyers often take cases with no money up front and fees coming from settlement money. And again seeing this settlement will give them more insentive to take on a case this way.
 
Old 01-28-2016, 06:54 AM
 
3,129 posts, read 1,331,571 times
Reputation: 2493
Quote:
Originally Posted by DaveinMtAiry View Post
You are missing the point. A settlement still resulted in a record payout. That is the issue, the payout not how it was reached. Now other jurisdictions have seen this settlement and I would think try to lower their exposure to such a payout by training officers and changing their policy. Other dog owners remember this and may react the same and seek council should something similar happen to them.

To claim only the rich have the ability to sue is nonsense. Lawyers often take cases with no money up front and fees coming from settlement money. And again seeing this settlement will give them more insentive to take on a case this way.
I like your optimistic attitude, but I don't see it that way.

Try approaching a lawyer with no money and a pet killed by a LEO to see if he will take the case. Then try again. Then try again. I don't think you will get very far.

I stand by my previous statement. The only reason this had a good outcome is because this pet was owned by someone rich enough to pay an attorney to take the city to court. Uber rich, in other words.

In this case specifically, with the officer already cleared and the city represented by a plethora of lawyers, the chances in sharing a big settlement was low. 99.9% of all lawyers wouldn't take this case on contingency.

The other jurisdictions knows that the next pet that gets shot by one of their officers has an extremely low chance of being owned by someone with enough wealth or power to threaten them. This outcome will have little effect on the future, I'm afraid.
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