Brown Family Sues Officer Wilson

[Denny347]

I don't know about the MO legal climate, but that's not how those suits go around here.

Indy settles most of theirs even though the officers did nothing wrong.

 

[HoughMade]

Indy settles most of theirs even though the officers did nothing wrong.

I've dealt mostly with smaller municipalities and they don't settle as readily, perhaps because their insurer's have greater control over the outcome.

 

[D-Ric902]

Officer Wilson should sue the Brown family to get his life back

 

[ArcadiaGP]

Speaking of the Brown family... Here's one of them:

Mike Brown's Uncle

 

[Denny347]

I've dealt mostly with smaller municipalities and they don't settle as readily, perhaps because their insurer's have greater control over the outcome.

We are self insured so that could have something to do with it.

 

[HoughMade]

We are self insured so that could have something to do with it.

I bet you are right.

 

[ArcadiaGP]

Family now suing city for "wrongful death"

Dumb.

 

[Super Bee]

Just looking for a pay day.

I can see a phone call coming from higher ups such as the DOJ telling the city settle. I hope not but I just see it going down this way.

 

[HoughMade]

...I can see a phone call coming from higher ups such as the DOJ telling the city settle. I hope not but I just see it going down this way.

I doubt that.

If the city is aching to (continue to) put the lie to the "hand up, don't shoot" narrative, it'll fight this......and it may even be summary judgment material, eventually.

 

[ArcadiaGP]

8th Cir., en banc, holds that the guy walking in the street with Michael Brown when he was killed in Ferguson, Missouri was not seized for purposes of the Fourth Amendment when the officer allegedly told them to "Get the **** on the sidewalk."

Dissenting Judge Melloy says the command to get on the sidewalk combined with parking the police car in front of them would have led a reasonable person to think they were not at liberty to leave AND that Johnson submitted by stopping before he fled.

Essentially, (1) the cop didn't say "stop"; (2) so it doesn't matter that Johnson stopped; and (3) then he fled after Brown got shot, so Johnson wasn't physically blocked. No restraint = no seizure.

The word "reasonable" doesn't even appear in the maj. op.

https://ecf.ca8.uscourts.gov/opndir/19/06/161697P.pdf

 

[HoughMade]

Side note- I love it on Cops, Live PD, etc. when the police say: "You're not under arrest, but I am detaining you." I get what they are saying in the moment, but constitutionally....

 

[jedi]

so did the parents get the money?

 

[churchmouse]

Side note- I love it on Cops, Live PD, etc. when the police say: "You're not under arrest, but I am detaining you." I get what they are saying in the moment, but constitutionally....

I do not fully understand the detaining thing.

 

[DoggyDaddy]

I do not fully understand the detaining thing.

I always figured it was like cuffing someone as a safety precaution (might be let go eventually) on scene vs. an actual arrest (going to jail).

 

[Denny347]

Side note- I love it on Cops, Live PD, etc. when the police say: "You're not under arrest, but I am detaining you." I get what they are saying in the moment, but constitutionally....

Sure I've said that. I have to consider my audience. Not under arrest, meaning you are not going to jail yet. I have a hard enough time explaining State law to people. You should see the blank stares when you start talking Constitutional law.

 

[churchmouse]

Sure I've said that. I have to consider my audience. Not under arrest, meaning you are not going to jail yet. I have a hard enough time explaining State law to people. You should see the blank stares when you start talking Constitutional law.

I am guessing all depends on the situation.

But in the reality of this I am not going to be very passive if pulled over for a plate light and removed from my vehicle and placed in cuffs so the fishing expedition can ensue. No you will not smell drugs or alcohol emitting from my truck. Yes you may come to realize I am probably armed.

So again, I guess it depends on the situation.

 

[Expat]

I am always a little surprised that virtually no one ever invokes the right to counsel when handcuffed. The concept of “being detained “ seems to be an interrogation tool. Everyone thinks, if I talk enough I will talk my way out of this.

 

[Denny347]

I am guessing all depends on the situation.

But in the reality of this I am not going to be very passive if pulled over for a plate light and removed from my vehicle and placed in cuffs so the fishing expedition can ensue. No you will not smell drugs or alcohol emitting from my truck. Yes you may come to realize I am probably armed.

So again, I guess it depends on the situation.

That is an extreme example of poor, if not unconstitutional, police work.

 

[churchmouse]

That is an extreme example of poor, if not unconstitutional, police work.

Truth. But we see it all the time on the LEO reality shows. It has happened to me in this fashion and has to others I know.
Please know I am a big fan of the LEO here on Ingo and others I have met and those doing the job out in the real world. Big fan. And I mean no foul intent when bringing this post to the forum.

I have experienced the fishing expedition myself but was not cuffed. Pulled over for Bull**** and got to watch as they dissected my van. The spouse was pi$$ed off to the highest degree and she is a very docile personality. Thing is we were on our way 2 1/2 north to a group Ingo shoot and I was loaded out. LEO kept up with the "Where are you going/where have you been crap to the point he pissed me off. Said I made an un-signaled lane change. Told him I had been in this lane since I got on 38th street and would be until I turned north at fall creek.
He kept pushing to look in my truck. I finally let him and his back up (yes, back up) have a look and he freaked the **** out when the contents were seen. Back up LEO saved the day. He was cool. But the ding-bat that pulled us over was looking to punish. He wanted to cuff me "For his safety" but the back up LEO took me back and leaned me on the front of his rig. It would have gotten seriously ugly over the cuff's.

Nothing wrong was found but I lost near an hour towards my trip. I am still twisted up over this.

 

[KG1]

To me it always seemed like “I am detaining you until I can determine if you need to go to jail or not”