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(Slate)   Bad: Man spends a decade in jail for a murder he didn't commit because of police misconduct. Better: a panel awards hims a $5 million settlement. Fark me: of which he is very unlikely to get a single dime now that Detroit has filed for bankruptcy   (slate.com) divider line 23
    More: Sad, police misconduct, Dwayne Provience, Detroit, jury, murders, convicts, Buick Regal, unsecured creditor  
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4099 clicks; posted to Main » on 13 Dec 2013 at 6:14 PM (1 year ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



Voting Results (Smartest)
View Voting Results: Smartest and Funniest

2013-12-13 06:53:08 PM  
5 votes:
I just got a brilliant idea.  Expand what I posted about this particular situation.  For any case where the police are found to have been involved in misconduct, the payout is taken from ALL police officers employed at that precinct, even if only one or two cops are actually guilty.  When your check suddenly gets fifty bucks lighter each month for the next ten years, maybe you'll stop turning a blind eye to the crimes committed by your "brothers".
2013-12-13 06:08:11 PM  
4 votes:

ZAZ: he might be able to persuade the bankruptcy court to allow him to pursue a claim against the police officer.


Yeah, but that police officer probably has very little in the way of assets. Which makes a good case for police officers having to carry private malpractice insurance the way that doctors do.
2013-12-13 07:03:51 PM  
3 votes:

MJMaloney187: 5 million for nearly a decade in the slammer? That works out to nearly half a million per year. That ridiculous.


Depriving an innocent person of their freedom should be expensive.
2013-12-13 06:34:32 PM  
3 votes:
This was a settlement.  Since Detroit is reneging on its part of the settlement, the case can be reopened and it will go to a jury.  He's not out of the money, just delayed.

The bankruptcy trustee will probably find it cheaper to pay him then to fight it in court and most likely lose big.  He can put pressure to speed up the payout by reopening the case.
2013-12-13 07:58:51 PM  
2 votes:

Sudo_Make_Me_A_Sandwich: ZAZ: he might be able to persuade the bankruptcy court to allow him to pursue a claim against the police officer.

Yeah, but that police officer probably has very little in the way of assets. Which makes a good case for police officers having to carry private malpractice insurance the way that doctors do.


Or maybe cops shouldn't do things where they need to have insurance?
2013-12-13 07:15:58 PM  
2 votes:

OgreMagi: I just got a brilliant idea.  Expand what I posted about this particular situation.  For any case where the police are found to have been involved in misconduct, the payout is taken from ALL police officers employed at that precinct, even if only one or two cops are actually guilty.  When your check suddenly gets fifty bucks lighter each month for the next ten years, maybe you'll stop turning a blind eye to the crimes committed by your "brothers".


The problem with that idea is that suddenly you'll have cops unable to make ends meet on a paycheck that would normally support them. This will lead to further corruption. Also, it gives a greater incentive to ensure that bad cops don't get caught.
2013-12-13 06:59:42 PM  
2 votes:

MJMaloney187: 5 million for nearly a decade in the slammer? That works out to nearly half a million per year. That ridiculous.


It's not only to replace lost income. What sort of monetary value do you place on your personal liberty- Your ability to travel, to associate with whomever you choose, to engage in "relations" with your wife, to take your kids to the park, to watch school plays, to attend funerals and weddings... everything a free person takes for granted. What is all that "worth" to you? You CAN'T place a value on it- the value is infinite. The courts just try to make it hurt a lot less.
2013-12-13 06:48:04 PM  
2 votes:
I have a solution.  The money should come out of the paycheck (or pension) of every cop and prosecutor involved.
2013-12-13 06:28:04 PM  
2 votes:
Super Fark Me: The IRS says that since he's been awarded $5 million, he owes $2.5 million in taxes.

Super Duper Fark Me: Since he can't pay, they throw him into prison...

/The Aristocrats!
2013-12-13 08:42:43 PM  
1 votes:

Phoenix87ta: MJMaloney187: 5 million for nearly a decade in the slammer? That works out to nearly half a million per year. That ridiculous.

Really?  How so?


Personally I'd take a decade of liberty and enjoying the best years of my life with my family over $5 million. His incarceration didn't just affect him, it was a hardship on his kids and will almost certainly have harmed them.
gja [TotalFark]
2013-12-13 08:36:27 PM  
1 votes:
Wow. This guy really has a lot of luck.

/all bad
2013-12-13 08:24:16 PM  
1 votes:
Coming off the heels of that Affluenza garbage from earlier this week, this article was incredibly depressing.
2013-12-13 07:15:03 PM  
1 votes:

OgreMagi: I just got a brilliant idea.  Expand what I posted about this particular situation.  For any case where the police are found to have been involved in misconduct, the payout is taken from ALL police officers employed at that precinct, even if only one or two cops are actually guilty.  When your check suddenly gets fifty bucks lighter each month for the next ten years, maybe you'll stop turning a blind eye to the crimes committed by your "brothers".


Punish the many for the crimes of the few?

Sounds like the same logic as gun control.
2013-12-13 07:08:42 PM  
1 votes:
Why hasn't the cop been charged?  He knowingly surpressed evidence that got the wrong man convicted.  If that isn't a crime, it should be.
2013-12-13 07:04:40 PM  
1 votes:

MJMaloney187: 5 million for nearly a decade in the slammer? That works out to nearly half a million per year. That ridiculous.


Yes, it should be 3x that much. Try it: stay in a cage for 10 years having done no wrong, sent there by corrupt cops, and see what it's worth.
2013-12-13 06:55:51 PM  
1 votes:
And... I was wrong. Apparently, "compensatory" damages awarded by a court are usually not taxable, while punitive damages are. And there's been lawsuits over what constitutes "compensatory" and what constitutes "punitive."

Regardless, I don't think you can be taxed until you've actually received the money...
2013-12-13 06:55:09 PM  
1 votes:

The Dog Ate My Homework: Police officers are insured by the same polices that cover the police department.


Imagine a scenario in which officers maintain individual policies. Instead of filing a lawsuit against the city, I file a lawsuit against the officer. Lets say that officers has also had numerous other lawsuits against them. The insurance company decides that Joe the Cop is a large risk because of a history of abuses. They raise rates on him to the point he can no longer afford to be a cop, and he goes into burger flipping or something.

Compare that with the current system where you file a complaint with the city, Joe goes on unpaid leave, the union makes sure that he keeps his job, in two weeks he's back on the job, and if you're lucky, you might get a small payout.

It's good ol' fashion conservative economics.
2013-12-13 06:42:11 PM  
1 votes:

haemaker: This was a settlement.  Since Detroit is reneging on its part of the settlement, the case can be reopened and it will go to a jury.  He's not out of the money, just delayed.

The bankruptcy trustee will probably find it cheaper to pay him then to fight it in court and most likely lose big.  He can put pressure to speed up the payout by reopening the case.


Good point.
2013-12-13 06:30:03 PM  
1 votes:
This is what pisses me off about our criminal justice system.  Unlike some of the criminal justice systems in Europe whose goal is primarily to get at the "truth" and for justice really to prevail, ours is dominated by the district attorneys, police, getting convictions at all costs, including trying a defendant, or copping a plea with the defense attorney to plead guilty instead of risk of heavier punishment by going to trial; when there is evidence that the defendant may not be guilty.  There is just little concern on the part of the cops and DA's that an innocent man may face many years in prison or life in prison for a crime that he did not commit.  Just get the conviction, that's all that matters.  And to top it off, when the shiat hits the fan and years later the evidence is becoming public that the person may be innocent and the DA may have known that all along, what does the DA do, stall the case even more and keep the guy in jail even longer.
2013-12-13 06:27:55 PM  
1 votes:
Jesus Christ this city is a shiathole
ZAZ [TotalFark]
2013-12-13 06:25:50 PM  
1 votes:
Sudo_Make_Me_A_Sandwich

Where I live cities often have insurance against negligent acts of city employees. I'm not sure whether it would pay out in cases like this where the allegation is worse than ordinary negligence. I know there have been similar claims, I just forget how much was covered by insurance and how much by taxpayers.

If you mandated private liability insurance around here the union would demand the city pay the premium and the arbitraror would side with the union. The result would be less efficient than mandating the city to buy group insurance for police misconduct.
2013-12-13 06:21:03 PM  
1 votes:
Doesn't the department carry insurance for these type of claims? Or is it that departments of a certain size self insure?
2013-12-13 06:19:55 PM  
1 votes:

Sudo_Make_Me_A_Sandwich: ZAZ: he might be able to persuade the bankruptcy court to allow him to pursue a claim against the police officer.

Yeah, but that police officer probably has very little in the way of assets. Which makes a good case for police officers having to carry private malpractice insurance the way that doctors do.


[imokaywiththis.jpg]
 
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