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(Courthouse News Service)   No search warrant? Nearly shoot to death an innocent man and his pregnant wife? That'll be a $2 fine, plus $4-million for non-economic damages   (courthousenews.com) divider line 68
    More: Weird, search warrants  
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12504 clicks; posted to Main » on 17 Aug 2013 at 11:04 AM (34 weeks ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2013-08-17 10:36:49 AM
So the pain and suffering damages should've been in the real category. Otherwise pretty reasonable, depending on what the medical bills were.
 
2013-08-17 11:11:51 AM
They got off light.
 
2013-08-17 11:11:51 AM
In other news... "unreasonable search claims based on warrantless entry" and "unreasonable search claims based on failure to knock-and-announce" sells for a buck each these days.

I'll take a dozen of each, please. I'd prefer paper if you have it. No, I'll carry it out.
 
2013-08-17 11:12:14 AM
$2 is about the value of our constitutional rights these days

/$4M will be thrown out on appeal
 
2013-08-17 11:12:45 AM
Brb, someone's at the blanket...
 
2013-08-17 11:13:33 AM
"No problem, we'll just pass the tab on to local taxpayers again"
 
2013-08-17 11:15:26 AM
"Search warrant? I don't need no stinkin' search warrant."

www.marijuana.com
 
2013-08-17 11:15:32 AM
Oh. Los Angeles.

How expected.
 
2013-08-17 11:19:53 AM
 "In awarding non-economic damages, the Court awarded an amount for Mr. Mendez that is sufficient - if invested prudently and not squandered - to raise his family in dignified circumstances,"

hmmm....they were living in a shack in someone else's backyard. I'm not sure 'prudent investments' is in their vocabulary.

But good. Let them at least try, anyway.
 
2013-08-17 11:24:33 AM
My industry has to carry more insurance than a cop does because we might "make a mistake" and dig up a trunk line or nick a NG pipeline.

I should have been a cop, it would be cheaper to make mistakes.

Hell you can take a life by mistake and be back on the job in no time.
 
2013-08-17 11:25:07 AM

hardinparamedic: Oh. Los Angeles.

How expected.


If it had austin the fine would have been $10,000 and 20 years in PMITA, for the two civilians of course.

LOL no actually the cops would have just kept shooting until they ran out of witnesses.
 
2013-08-17 11:28:09 AM
Why are the cops not a) fired and b) not in prison for attempted murder?
 
ows
2013-08-17 11:28:50 AM

Giltric: My industry has to carry more insurance than a cop does because we might "make a mistake" and dig up a trunk line or nick a NG pipeline.

I should have been a cop, it would be cheaper to make mistakes.

Hell you can take a life by mistake and be back on the job in no time.


and that's after a lengthy unscheduled paid vacation.
 
2013-08-17 11:32:36 AM

nemisonic: $2 is about the value of our constitutional rights these days

/$4M will be thrown out on appeal


Maybe it won't be thrown out.  Since it was a bench trial they would have to prove the judge himself was biased or didn't understand the circumstances in some way. And life in Los Angeles can be expensive enough to need a $4 seed fund.
 
2013-08-17 11:34:28 AM
Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked
 
2013-08-17 11:35:26 AM
Paid by neighboring taxpayers, of course....
 
2013-08-17 11:39:23 AM
Whenever I am around police I feel threatened. They are armed and dangerous.
 
2013-08-17 11:42:33 AM

EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked


that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.
 
2013-08-17 11:44:23 AM

YouPeopleAreCrazy: "In awarding non-economic damages, the Court awarded an amount for Mr. Mendez that is sufficient - if invested prudently and not squandered - to raise his family in dignified circumstances,"

hmmm....they were living in a shack in someone else's backyard. I'm not sure 'prudent investments' is in their vocabulary.

But good. Let them at least try, anyway.


Seriously, I mean why where they born poor? Why didn't they just decide to be rich?
 
2013-08-17 11:46:37 AM
In the slideshow (sorry) at the bottom of this article there's a series of stories which are even worse.   Radley Balko is one of the few things that make HP worthwhile.
 
2013-08-17 11:46:56 AM

BBtB: YouPeopleAreCrazy: "In awarding non-economic damages, the Court awarded an amount for Mr. Mendez that is sufficient - if invested prudently and not squandered - to raise his family in dignified circumstances,"

hmmm....they were living in a shack in someone else's backyard. I'm not sure 'prudent investments' is in their vocabulary.

But good. Let them at least try, anyway.

Seriously, I mean why where they born poor? Why didn't they just decide to be rich?


i.imgur.com
 
2013-08-17 11:50:35 AM
I'm assuming that "non-economic damages" is equivalent to "punitive damages"; if that's the case, then I'm pretty satisfied with the verdict. More cops should be subject to punitive damages for crap like this.
 
2013-08-17 11:50:51 AM

Curious: EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked

that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.


My old man, retired military officer, who has no specific objection to authority per say, expects that if this trend of abuse and disregard for folks Constitutional rights continue people will just star off'ing the police. Guns are just too readily available.

If the police did something like this to me or my family and there was no meaningful remuneration, I can't imagine there not being a "reckoning".
 
2013-08-17 11:54:42 AM

Rand's lacy underwear: So the pain and suffering damages should've been in the real category. Otherwise pretty reasonable, depending on what the medical bills were.


You ever been shot while pregnant? Did you ever lose your leg because of negligence? What is your leg worth to you?
 
2013-08-17 11:55:13 AM

filter: Paid by neighboring taxpayers, of course....


If they don't like it, they should demand better from their police officers.
 
2013-08-17 11:56:46 AM

EdNortonsTwin: Curious: EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked

that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.

My old man, retired military officer, who has no specific objection to authority per say, expects that if this trend of abuse and disregard for folks Constitutional rights continue people will just star off'ing the police. Guns are just too readily available.

If the police did something like this to me or my family and there was no meaningful remuneration, I can't imagine there not being a "reckoning".




3.bp.blogspot.com
 
2013-08-17 11:56:51 AM

EdNortonsTwin: Curious: EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked

that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.

My old man, retired military officer, who has no specific objection to authority per say, expects that if this trend of abuse and disregard for folks Constitutional rights continue people will just star off'ing the police. Guns are just too readily available.

If the police did something like this to me or my family and there was no meaningful remuneration, I can't imagine there not being a "reckoning".


That's exactly what the police are afraid of...and why they, in the last few decades, have become much more well-armed and armored than the private citizens. Several departments have farking APCs for crying out loud.

Nobody exercising their 'Second Amendment Solutions' is going to survive an encounter with the police.
 
2013-08-17 11:58:14 AM

Because People in power are Stupid: Rand's lacy underwear: So the pain and suffering damages should've been in the real category. Otherwise pretty reasonable, depending on what the medical bills were.

You ever been shot while pregnant? Did you ever lose your leg because of negligence? What is your leg worth to you?


You can still drive a car, stop complaining. You should thank God that heroes like this protect you from heroes like this.
 
2013-08-17 11:58:34 AM
haha, wow.  Who knew you could get away with violating the 4th amendment for the low low price of $1.
 
2013-08-17 12:00:12 PM
Riiiiight... 'innocent'.

Sure.
 
2013-08-17 12:03:14 PM

Rueened: Riiiiight... 'innocent'.

Sure.


Two poor people livcing in a shack, they were guilty of something amiright?
 
2013-08-17 12:06:36 PM

nemisonic: $2 is about the value of our constitutional rights these days

/$4M will be thrown out on appeal


i heard it was worth $1.05
 
2013-08-17 12:08:09 PM

StoPPeRmobile: You can still drive a car, stop complaining. You should thank God that heroes like this protect you from heroes like this.


You deserve a troll award. That's beautiful.
 
2013-08-17 12:19:24 PM

orclover: Rueened: Riiiiight... 'innocent'.

Sure.

Two poor people living in a shack, they were guilty of something amiright?


Maybe they had drugs or something. Who knows?
 
2013-08-17 12:26:49 PM
Shoot first and ask questions later.

This is why police is about the #12 most dangerous in the US.

\Because god forbid a cop should end up dead and not go home to their family, even though that is the job that person signed up for.
 
2013-08-17 12:43:17 PM

EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked


Depends. I used to be a DJ and carried a 1 million dollar liability personal insurance policy. Got with my homeowner's policy and only cost like $20 a month. I was covered in case someone tripped over a cable, or equipment fell on someone and sued. I would imagine a cop would have to be bonded or insured somehow. They may have to fight the insurance company though.
 
2013-08-17 12:52:41 PM
Give the recent trends, I figured the fine was going to be levied on the victim, not the cop.
 
2013-08-17 12:56:58 PM
PainfulItching
EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked
Depends. I used to be a DJ and carried a 1 million dollar liability personal insurance policy. Got with my homeowner's policy and only cost like $20 a month. I was covered in case someone tripped over a cable, or equipment fell on someone and sued. I would imagine a cop would have to be bonded or insured somehow. They may have to fight the insurance company though.


Maybe this already happens, so please correct me.

Doctors have to be insured, and so do some other professions like tree trimmers. As I understand if a police is doing his job he has blanket protection and can't be sued.

Step that back a level and make they buy liability insurance. If they make one too many mistakes, their police insurance will get more expensive. Maybe after that third accidental death, insurance companies will price that police officer out of the market.

\Probably difficult to make happen, police unions, ect.
 
2013-08-17 01:04:02 PM
Damn pigs.
 
2013-08-17 01:08:20 PM

StoPPeRmobile: EdNortonsTwin: Curious: EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked

that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.

My old man, retired military officer, who has no specific objection to authority per say, expects that if this trend of abuse and disregard for folks Constitutional rights continue people will just star off'ing the police. Guns are just too readily available.

If the police did something like this to me or my family and there was no meaningful remuneration, I can't imagine there not being a "reckoning".

[3.bp.blogspot.com image 817x981]

3.bp.blogspot.com
 
2013-08-17 01:25:55 PM

Enemabag Jones: PainfulItching
EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked
Depends. I used to be a DJ and carried a 1 million dollar liability personal insurance policy. Got with my homeowner's policy and only cost like $20 a month. I was covered in case someone tripped over a cable, or equipment fell on someone and sued. I would imagine a cop would have to be bonded or insured somehow. They may have to fight the insurance company though.

Maybe this already happens, so please correct me.

Doctors have to be insured, and so do some other professions like tree trimmers. As I understand if a police is doing his job he has blanket protection and can't be sued.

Step that back a level and make they buy liability insurance. If they make one too many mistakes, their police insurance will get more expensive. Maybe after that third accidental death, insurance companies will price that police officer out of the market.

\Probably difficult to make happen, police unions, ect.


Yeah I did a bit of sniffing around. There is no such thing as personal insurance for individual police officers while on the job. Otherwise lawyers would be crawling over themselves to get at teh money.

I re-read TFA, and even though the officers were individually named in the suit, they were on the clock, therefore the LA County SO is liable. Of course they will probably try to negotiate a settlement, but 4 mil for losing a leg and shooting a pregnant woman, no matter where they were.... They should just be glad it wasn't a football player with a higher projected income.
 
2013-08-17 01:28:25 PM

Giltric: My industry has to carry more insurance than a cop does because we might "make a mistake" and dig up a trunk line or nick a NG pipeline.

I should have been a cop, it would be cheaper to make mistakes.

Hell you can take a life by mistake and be back on the job in no time.


Don't hate. Law Enforcement is a growth industry. Anyone can apply. Getting chubbies from hurting innocent people is a plus, but not required. People with intelligence, empathy, and/or morals need not apply.
 
2013-08-17 01:30:33 PM

LordJiro: EdNortonsTwin: Curious: EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked

that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.

My old man, retired military officer, who has no specific objection to authority per say, expects that if this trend of abuse and disregard for folks Constitutional rights continue people will just star off'ing the police. Guns are just too readily available.

If the police did something like this to me or my family and there was no meaningful remuneration, I can't imagine there not being a "reckoning".

That's exactly what the police are afraid of...and why they, in the last few decades, have become much more well-armed and armored than the private citizens. Several departments have farking APCs for crying out loud.

Nobody exercising their 'Second Amendment Solutions' is going to survive an encounter with the police.


I have no dog in this fight, I'll simply state that even rogue criminal cops have to go home sometime.

Hell, earlier this year a  convict walked up to the home of a DA and settled a score.

That nutbar Dorner took out a few people himself and even had the PD in my neighborhood driving around in groups of three cruisers.

The guy in the wheelchair from this bad shoot could roll right into a PD and set off a 80lb device.

I'm not justifying any of the these scenarios, but highly motivated and informed people can wreak havok.
 
2013-08-17 01:34:13 PM

Giltric: My industry has to carry more insurance than a cop does because we might "make a mistake" and dig up a trunk line or nick a NG pipeline.

I should have been a cop, it would be cheaper to make mistakes.

Hell you can take a life by mistake and be back on the job in no time.


No kidding. Earlier this year a crew nicked a pipe which resulted in a few homes ruined and one guy killed and the whole crew and their supervisors lost their jobs. I haven't heard if criminal were pressed or not, but it was looked into. Near Lake Orion, MI if I recall correctly.
 
2013-08-17 01:36:10 PM
Prophet of Loss
Don't hate. Law Enforcement is a growth industry. Anyone can apply. Getting chubbies from hurting innocent people is a plus, but not required. People with intelligence, empathy, and/or morals need not apply.


I am not a clinical psychologist, but isn't that pretty much the definition of sociopath?
 
2013-08-17 01:40:11 PM
It isn't clear to me from the article whether the cops were held personally liable or if the city is going to have to pay. On the one hand it would be great if the cops were on the hook for it, on the other they would never have that kind of dough and the guy would never see the money.
 
2013-08-17 01:43:11 PM
"... but at the time of the shooting in October 2010 they were living together in a shack behind the house of a friend in Lancaster, Calif. Jennifer was pregnant."

Holy shiat... that's classy!

Living in the nicest house in Lancaster is crappy enough... but living in a tool shed in Lancaster? Wow. That's some A+ life choicing right there.

"In awarding non-economic damages, the Court awarded an amount for Mr. Mendez that is sufficient - if invested prudently and not squandered - to raise his family in dignified circumstances,"

I wish we could get a follow-up... they will be flat-ass broke within few years.
 
2013-08-17 01:43:45 PM

Enemabag Jones: Prophet of Loss
Don't hate. Law Enforcement is a growth industry. Anyone can apply. Getting chubbies from hurting innocent people is a plus, but not required. People with intelligence, empathy, and/or morals need not apply.

I am not a clinical psychologist, but isn't that pretty much the definition of sociopath?


Court OKs Barring High IQs for Cops

http://abcnews.go.com/US/court-oks-barring-high-iqs-cops/story?i d=95 83 6

What does this tell ya?
 
2013-08-17 01:44:28 PM

EdNortonsTwin: LordJiro: EdNortonsTwin: Curious: EdNortonsTwin: Reads like the gov pays $2 and the deputies owe the mlions. Translation - the victims are farked

that's my fear. it's all too often hard enough to collect from a municipality but individuals, no way.

My old man, retired military officer, who has no specific objection to authority per say, expects that if this trend of abuse and disregard for folks Constitutional rights continue people will just star off'ing the police. Guns are just too readily available.

If the police did something like this to me or my family and there was no meaningful remuneration, I can't imagine there not being a "reckoning".

That's exactly what the police are afraid of...and why they, in the last few decades, have become much more well-armed and armored than the private citizens. Several departments have farking APCs for crying out loud.

Nobody exercising their 'Second Amendment Solutions' is going to survive an encounter with the police.

I have no dog in this fight, I'll simply state that even rogue criminal cops have to go home sometime.

Hell, earlier this year a  convict walked up to the home of a DA and settled a score.

That nutbar Dorner took out a few people himself and even had the PD in my neighborhood driving around in groups of three cruisers.

The guy in the wheelchair from this bad shoot could roll right into a PD and set off a 80lb device.

I'm not justifying any of the these scenarios, but highly motivated and informed people can wreak havok.


And how many of them survived their havoc?

/Havok is the physics engine. Havoc is the actual word.
 
2013-08-17 01:48:06 PM

LordJiro: Nobody exercising their 'Second Amendment Solutions' is going to survive an encounter with the police.


There was the Sagon Penn case in San Diego. Two cops started beating him because he refused to remove his ID from his wallet and, being a martial artist, he overpowered them, took one of their guns and shot both, killing one. He not only survived, he was acquitted. On top of that, the judge had some scathing things to say about how the prosecution and police force handled the case and evidence. The surviving cop was hounded off the force.

Once in a great while, it works out.

Oh, and before somebody brings it up, Penn also shot thru the window of the cop car, hitting a ridealong who he thought was another officer. She survived. I always suspected she was friends with or the lover of one of the cops, since they felt free to administer a beatdown in her presence.
 
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