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(ABC News)   Murica: Landlord sues police over a false arrest and tasering, after a tenant filed a false report to police to 'get even'. Fark: He wins case, gets $50K   (abcnews.go.com) divider line
    More: Murica, Criminal law, Law, Jury, Arrest warrant, Police, Law enforcement terminology, Arrest, Citizen's arrest  
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3909 clicks; posted to Main » on 20 Aug 2022 at 9:14 AM (30 weeks ago)   |   Favorite    |   share:  Share on Twitter share via Email Share on Facebook



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2022-08-20 7:19:23 AM  
Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.
 
2022-08-20 7:50:59 AM  
I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.
 
2022-08-20 8:40:57 AM  
"I have a fear of police officers now. I've lost a lot of respect for police officers because of this."

At least something good came out of all of this.
 
2022-08-20 8:55:25 AM  

wademh: So did the give the magistrate false Information?


Ding! Ding! Ding!  I think we have a winner

In so many situations like this where things go sideways like this between cops and the public (see Breonna Taylor, the Harding Street raid in Houston, et al), a testilie or series of them as usually what lights the fuse.
 
2022-08-20 8:56:19 AM  

Munden: I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.


I believe it is, but you'd be a fool to try it
 
2022-08-20 9:17:58 AM  
Everyone involved in this case sounds like a total piece of shiat or an idiot.
 
2022-08-20 9:19:55 AM  
I hate landlords, but I hate criminally aggressively cops even more, so it sounds like everybody got what they deserved.  The landlord got a beating, and the cops will be paying for it.
 
2022-08-20 9:24:04 AM  

Marcus Aurelius: "I have a fear of police officers now. I've lost a lot of respect for police officers because of this."

At least something good came out of all of this.


So he's capable of learning.
 
2022-08-20 9:24:38 AM  
Could it be the cops saw the word "violent" in the order?  It's always good practice if you want fireworks to add the word "violent" to anything official  -- overdue library book, parking ticket, failure to keep lawn neat.   When a lawyer includes that he's earning his fee.

Imagine the good natured ribbing the cops would get if they were shot and killed by a violent person when making a house call.
 
2022-08-20 9:25:29 AM  

NM Volunteer: I hate landlords, but I hate criminally aggressively cops even more, so it sounds like everybody got what they deserved.  The landlord got a beating, and the cops will be paying for it.


Fark user imageView Full Size
 
2022-08-20 9:29:40 AM  

Munden: I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.


Exactly. The current reasoning seems to be that qualified immunity is not only for blunders, but for intentional acts that to the normal, reasonable person would seem excessive/illegal/immoral/cruel are excusable as long as there was no prior case that told them that their excruciatingly specific act was explicitly prohibited by a higher authority.

"Well, your honor, the officer cannot be held liable because the there is no case out there that instructs police that taking a craftsman pipe wrench coated with Flechtman's brand 3-in-1 oil inserted into the plaintiff's anal cavity more than 3 times over the course of 1 minute while he was handcuffed to the leaf spring of a 1968 Chevelle with the L78 engine with aftermarket disc brakes is a violation of a person's civil rights."

Only slightly kidding.
 
2022-08-20 9:30:57 AM  

wademh: Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.


Bringing TFG into this thread shows TDS is real.

The bonehead isn't in office and never will be again.  Let it go
 
2022-08-20 9:30:58 AM  
"Police brutality is utterly abhorrent...unless its used on someone I perceive as being bad!"

Don't ever change FARK.
 
2022-08-20 9:32:24 AM  

BunchaRubes: wademh: Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.

Bringing TFG into this thread shows TDS is real.

The bonehead isn't in office and never will be again.  Let it go


When will your side stop obsessing about Obama?
 
2022-08-20 9:34:34 AM  

Texas Gabe: BunchaRubes: wademh: Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.

Bringing TFG into this thread shows TDS is real.

The bonehead isn't in office and never will be again.  Let it go

When will your side stop obsessing about Obama?


Or Hillary?
 
2022-08-20 9:34:42 AM  

wademh: Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.


It says right in the article "they noted that it was a magistrate who actually issued the arrest warrant, albeit at the request of one of the deputies."It takes a lot to remove police immunity and these guys farked up bigly. They probably didn't even read the protective order and they beat the shiat out of him without even attempting a peaceful arrest. The police don't get to put all the blame on the people who lie to them. They need to do some due diligence first before acting like thugs.
 
2022-08-20 9:39:23 AM  
"If you have a lot of power, you've got to be carful how you exercise that power," Ellis told the lawyers at the trial's outset"

Someone's gonna wake up to a horses head in their bed.
 
2022-08-20 9:39:55 AM  
Nobody's going to question the tenant's "getting even" claim? Sounds like they're serial squatters.
 
2022-08-20 9:43:58 AM  
There should be no landlords. You can't lord land, man.
 
2022-08-20 9:47:05 AM  

Munden: I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.


Resisting unlawful arrest is for people with private armies, and snipers in position.
 
2022-08-20 9:47:19 AM  

Texas Gabe: "Police brutality is utterly abhorrent...unless its used on someone I perceive as being bad!"

Don't ever change FARK.


? Most people are saying both sides are terrible. Don't hurt yourself getting off your high horse there.
 
2022-08-20 9:49:17 AM  

wademh: Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.


Landlord got everything a landlord deserves, except for the $50k.
 
2022-08-20 9:51:07 AM  
Judge T.S. Ellis III said the plain language of the protective order merely barred Souter from committing acts of violence against the tenant, and shutting off the utilities would not qualify as a violation.

Why would one need a protective order to bar someone from doing something that's already illegal?
 
2022-08-20 9:55:35 AM  

Zeroth Law: Texas Gabe: "Police brutality is utterly abhorrent...unless its used on someone I perceive as being bad!"

Don't ever change FARK.

? Most people are saying both sides are terrible. Don't hurt yourself getting off your high horse there.


And his terrible-ness earned him an extra-judicial beating? What, precisely, made him terrible enough to deserve getting brutalized by the cops?

You got a little boot polish on your lip there Skippy.
 
2022-08-20 9:57:35 AM  

Texas Gabe: Zeroth Law: Texas Gabe: "Police brutality is utterly abhorrent...unless its used on someone I perceive as being bad!"

Don't ever change FARK.

? Most people are saying both sides are terrible. Don't hurt yourself getting off your high horse there.

And his terrible-ness earned him an extra-judicial beating? What, precisely, made him terrible enough to deserve getting brutalized by the cops?

You got a little boot polish on your lip there Skippy.


It was wrong and he won a judgement, and rightly so. Cops lied to get a warrant. I don't get your stance bud.
 
2022-08-20 10:00:43 AM  

Munden: I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.


That's why this will never survive on appeal.
 
2022-08-20 10:04:57 AM  

Thosw: Nobody's going to question the tenant's "getting even" claim? Sounds like they're serial squatters.


OMG, squatters and police and landlords?

This should be better than a "how much do I tip my latinx trans veterinarian for declawing my cat?" thread.
 
2022-08-20 10:05:09 AM  

Zeroth Law: Texas Gabe: Zeroth Law: Texas Gabe: "Police brutality is utterly abhorrent...unless its used on someone I perceive as being bad!"

Don't ever change FARK.

? Most people are saying both sides are terrible. Don't hurt yourself getting off your high horse there.

And his terrible-ness earned him an extra-judicial beating? What, precisely, made him terrible enough to deserve getting brutalized by the cops?

You got a little boot polish on your lip there Skippy.

It was wrong and he won a judgement, and rightly so. Cops lied to get a warrant. I don't get your stance bud.


The fact that people like you exist who believe he deserved the beating in the first place.

Don't choke on those standard issues there, Sporto.
 
2022-08-20 10:11:32 AM  

cfreak: Texas Gabe: BunchaRubes: wademh: Almost everything about this is wrong.

The cops had an arrest warrant signed by a magistrate, he resisted arrest and was tased.  But,
The magistrate shouldn't have issued the warrant, but he did. The cops are supposed to 2nd guess the magistrate?
But these cops sought the warrant under circumstances where the apparently should not have. So did the give the magistrate false Information? Did the Mag not read the protection order and the alleged offense? Did the mag not know the law? Are cops supposed to know the law better than a mag?

And the landlord is the good guy? And how come this landlord gets tased and TFG doesn't even get a shock after crossing the carpet and touching the screen door? I need answers.

Bringing TFG into this thread shows TDS is real.

The bonehead isn't in office and never will be again.  Let it go

When will your side stop obsessing about Obama?

Or Hillary?


Or Carter?

Or Roosevelt? (either one)

Or the Civil War?
 
2022-08-20 10:31:53 AM  

Thosw: Nobody's going to question the tenant's "getting even" claim? Sounds like they're serial squatters.


She's under-represented
 
2022-08-20 10:34:03 AM  

danvon: "Well, your honor, the officer cannot be held liable because the there is no case out there that instructs police that taking a craftsman pipe wrench coated with Flechtman's brand 3-in-1 oil inserted into the plaintiff's anal cavity more than 3 times over the course of 1 minute while he was handcuffed to the leaf spring of a 1968 Chevelle with the L78 engine with aftermarket disc brakes is a violation of a person's civil rights."


I know you jest but cops in New Jersey got off by using the defense of. "...there is no case out there that instructs police..."

A few years ago some guys claiming to be bounty hunters showed up at a house in Rutherford, NJ at 12am and tried to force their way in.  The home owners called the cops.  Some Rutherford PD badge morans responded.     The 'bounty hunters' claimed they had a warrant for the woman who lived at the house for bail jumping in Pennsylvania.    The woman who lived there with her husband and kids claimed they had the wrong person and produced her DL and Social Security card to prove it.   The 'bounty hunters' accused her of lying and claimed that her documents were phony.   The cops believed the 'bounty hunters'. and allowed them to 'arrest' this woman and drive off with her.   Before they got back to Pennsylvania the bounty hunters realized they had the wrong person and proceeded to kick this woman out of the car along side a highway at 3am, 40 miles from her home.

The municipal badge morans never bothered to check if the warrant these bounty hunters produced was real.  They never bothered to determine if the woman they were trying to abduct was in fact the person named in the warrant.  The POS cops never bothered to check if the 'bounty hunters' were licensed in the State of New Jersey, which is a requirement for bail enforcement agents, neither did the cops make an effort to determine if the bounty hunters were licensed to carry firearms which is required in New Jersey.    In addition the cops mocked an insulted the victims which was probably motivated by racism...the victims were Hispanic.

When the story came out, the cops were suspended then fired.   The now unemployed badge morans filed a lawsuit.   An administrative law judge, no jury trials for cops, reinstated the fired cops. awarded them back pay with interest.  Awarded them retroactive benefits, and promotions.     The cops were given a big promotion ceremony in front of dozens of admirers.   The judge's reasoning?  The cops were never trained in how to deal with bounty hunters.  In other words, cops can not be asked to employ common sense.

The victims in the case sued.   I don't know if they got anything from the 'bounty hunters'  probably not.   The award against the town was sealed the same day it was settled.  The victims were required to sign a non-disclosure and never talk about the case again.  From what I understand they only received a token amount.  The town and PD never issued an apology.

Fark cops.
 
2022-08-20 10:40:15 AM  

SpaceMonkey-66: Ding! Ding! Ding!  I think we have a winner

In so many situations like this where things go sideways like this between cops and the public (see Breonna Taylor, the Harding Street raid in Houston, et al), a testilie or series of them as usually what lights the fuse.


Man, the Tuttle and Nichols killings in Houston. I hadn't looked back into it. How farking rare is it that the county and the feds are going after cops both evil and dumb to have done that. I wasn't aware that was also, partially, the fault of some shiathead neighbor calling in a false complaint. What a crosstown fark up. I love Houston, miss my people there, but man, that was awful. I guess "thanks" for reminding me to dig into that story again.
 
2022-08-20 10:47:46 AM  

mybluemake: SpaceMonkey-66: Ding! Ding! Ding!  I think we have a winner

In so many situations like this where things go sideways like this between cops and the public (see Breonna Taylor, the Harding Street raid in Houston, et al), a testilie or series of them as usually what lights the fuse.

Man, the Tuttle and Nichols killings in Houston. I hadn't looked back into it. How farking rare is it that the county and the feds are going after cops both evil and dumb to have done that. I wasn't aware that was also, partially, the fault of some shiathead neighbor calling in a false complaint. What a crosstown fark up. I love Houston, miss my people there, but man, that was awful. I guess "thanks" for reminding me to dig into that story again.


Want to make your head hurt even more? The cop responsible for the Harding Street Raid in Houston was a cop that had previously farked up George Floyd's live when Floyd lived in Houston. Floyd was arrested in an area where that cop was known for making fake drug arrests and setting people up for prison time. LOTS of people were victims and Floyd is known to have talked repeatedly about how that arrest was false, drugs were planted on him, and he was forced into taking a plea deal for the crime and it caused lingering effects in his life.
 
2022-08-20 10:47:51 AM  

Fissile: danvon: "Well, your honor, the officer cannot be held liable because the there is no case out there that instructs police that taking a craftsman pipe wrench coated with Flechtman's brand 3-in-1 oil inserted into the plaintiff's anal cavity more than 3 times over the course of 1 minute while he was handcuffed to the leaf spring of a 1968 Chevelle with the L78 engine with aftermarket disc brakes is a violation of a person's civil rights."

I know you jest but cops in New Jersey got off by using the defense of. "...there is no case out there that instructs police..."

A few years ago some guys claiming to be bounty hunters showed up at a house in Rutherford, NJ at 12am and tried to force their way in.  The home owners called the cops.  Some Rutherford PD badge morans responded.     The 'bounty hunters' claimed they had a warrant for the woman who lived at the house for bail jumping in Pennsylvania.    The woman who lived there with her husband and kids claimed they had the wrong person and produced her DL and Social Security card to prove it.   The 'bounty hunters' accused her of lying and claimed that her documents were phony.   The cops believed the 'bounty hunters'. and allowed them to 'arrest' this woman and drive off with her.   Before they got back to Pennsylvania the bounty hunters realized they had the wrong person and proceeded to kick this woman out of the car along side a highway at 3am, 40 miles from her home.

The municipal badge morans never bothered to check if the warrant these bounty hunters produced was real.  They never bothered to determine if the woman they were trying to abduct was in fact the person named in the warrant.  The POS cops never bothered to check if the 'bounty hunters' were licensed in the State of New Jersey, which is a requirement for bail enforcement agents, neither did the cops make an effort to determine if the bounty hunters were licensed to carry firearms which is required in New Jersey.    In addition the cops mocked an insu ...


What farked up country even has legal bounty hunters that aren't police?
 
2022-08-20 10:50:24 AM  

mybluemake: SpaceMonkey-66: Ding! Ding! Ding!  I think we have a winner

In so many situations like this where things go sideways like this between cops and the public (see Breonna Taylor, the Harding Street raid in Houston, et al), a testilie or series of them as usually what lights the fuse.

Man, the Tuttle and Nichols killings in Houston. I hadn't looked back into it. How farking rare is it that the county and the feds are going after cops both evil and dumb to have done that. I wasn't aware that was also, partially, the fault of some shiathead neighbor calling in a false complaint. What a crosstown fark up. I love Houston, miss my people there, but man, that was awful. I guess "thanks" for reminding me to dig into that story again.


Not only that, but guess who Gerald Goines (the lead cop in the Harding Street debacle) arrest for drug possession a while before that?

None other than George Floyd.  Imagine, he might have been alive today but for the dirtbag cops' testilie, which set Floyd on a trajectory toward his eventual murder.

Big doors swing on little hinges, as my late father used to say.
 
2022-08-20 10:51:11 AM  

LiberalConservative: What farked up country even has legal bounty hunters that aren't police?


Well, maybe my sarcasm meter needs calibrating, but US Murica allows such things.

https://en.wikipedia.org/wiki/Bounty_hunter#Modern_times
 
2022-08-20 10:51:56 AM  

mrmopar5287: mybluemake: SpaceMonkey-66: Ding! Ding! Ding!  I think we have a winner

In so many situations like this where things go sideways like this between cops and the public (see Breonna Taylor, the Harding Street raid in Houston, et al), a testilie or series of them as usually what lights the fuse.

Man, the Tuttle and Nichols killings in Houston. I hadn't looked back into it. How farking rare is it that the county and the feds are going after cops both evil and dumb to have done that. I wasn't aware that was also, partially, the fault of some shiathead neighbor calling in a false complaint. What a crosstown fark up. I love Houston, miss my people there, but man, that was awful. I guess "thanks" for reminding me to dig into that story again.

Want to make your head hurt even more? The cop responsible for the Harding Street Raid in Houston was a cop that had previously farked up George Floyd's live when Floyd lived in Houston. Floyd was arrested in an area where that cop was known for making fake drug arrests and setting people up for prison time. LOTS of people were victims and Floyd is known to have talked repeatedly about how that arrest was false, drugs were planted on him, and he was forced into taking a plea deal for the crime and it caused lingering effects in his life.


Missed it by that much 🤨
 
2022-08-20 11:08:12 AM  
The officers had argued that they should be held harmless; they noted that it was a magistrate who actually issued the arrest warrant, albeit at the request of one of the deputies.

"It's the magistrate's fault for believing us when he knew damn well we were cops!"
 
2022-08-20 11:10:24 AM  
Shutting off her utilities while restrained by a protective order? Worst game of "I'm not touching you" ever.
 
2022-08-20 11:11:50 AM  

Fissile: LiberalConservative: What farked up country even has legal bounty hunters that aren't police?

Well, maybe my sarcasm meter needs calibrating, but US Murica allows such things.

https://en.wikipedia.org/wiki/Bounty_hunter#Modern_times


"Modern times", bloody hell.
 
2022-08-20 11:13:37 AM  

Munden: I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.


Fark user imageView Full Size
 
2022-08-20 11:16:15 AM  

Fissile: LiberalConservative: What farked up country even has legal bounty hunters that aren't police?

Well, maybe my sarcasm meter needs calibrating, but US Murica allows such things.

https://en.wikipedia.org/wiki/Bounty_hunter#Modern_times


Notice that only one country is reprsented in that link.
 
2022-08-20 11:20:43 AM  

Munden: I've never heard anyone say resisting an unlawful arrest is a constitutionally protected right.  Nor have I heard that qualified immunity isn't for blunders.


Nope. That's what arraignment is for, and why it's supposed to be quick.
 
2022-08-20 11:31:14 AM  
Now that I've been personally inconvenienced by them, I've lost a lot of respect for the police.

/happens to everyone eventually
 
2022-08-20 11:36:17 AM  

LiberalConservative: Fissile: LiberalConservative: What farked up country even has legal bounty hunters that aren't police?

Well, maybe my sarcasm meter needs calibrating, but US Murica allows such things.

https://en.wikipedia.org/wiki/Bounty_hunter#Modern_times

"Modern times", bloody hell.


If you'd like to learn more about a career as a bounty hunter in Murica, I refer you to this informative documentary.

Fark user imageView Full Size
 
2022-08-20 11:36:54 AM  

rzrwiresunrise: Shutting off her utilities while restrained by a protective order? Worst game of "I'm not touching you" ever.


Thermostats, locks and lights: digital tools of domestic abuse
 
2022-08-20 11:41:17 AM  

Madman drummers bummers: Judge T.S. Ellis III said the plain language of the protective order merely barred Souter from committing acts of violence against the tenant, and shutting off the utilities would not qualify as a violation.

Why would one need a protective order to bar someone from doing something that's already illegal?


I can to say the same, and was surprised that it took so long for someone to mention it.

Not only what you said. But did he need to get this protective order because the landlord would often commit acts of violence against the tenant? I mean, it would have to have happened several times for a protective order to be warranted, since you're just given a warning the first time for that kind of stuff.
 
2022-08-20 11:41:28 AM  

SimonElectric: Now that I've been personally inconvenienced by them, I've lost a lot of respect for the police.

/happens to everyone eventually


Lots of 'real Muricans' love to sniff holsters until they find out.
 
2022-08-20 11:43:47 AM  

TheYeti: Thosw: Nobody's going to question the tenant's "getting even" claim? Sounds like they're serial squatters.

OMG, squatters and police and landlords?

This should be better than a "how much do I tip my latinx trans veterinarian for declawing my cat?" thread.


Wait, hold up.

How much do you tip your latinx trans veterinarian for declawing a cat? Also, can I tip less if I go with the Serbian option?
 
2022-08-20 11:47:02 AM  
Thats OK its only Taxpayer money. They can raise more.
 
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