 Suing state law enforcement?
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Joined: Jul 2007
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Worn Saddle
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OP
Worn Saddle
Joined: Jul 2007
Posts: 6,060 Likes: 6 |
Here in Iowa, just up the road from me. As previosly reported in local papers, a 69 year old truck driver was pulled over by a DOT vehicle enforcement officer after he was seen pulling over into a non truck area. The truck driver says the officer approached the truck, said driver began asking for directions, as he was obviously lost, and the officer began pistol whipping him. Said attack was video taped by another truck drivers wife in an adjacent lot. The truck driver sued, and the court system just threw out his case on these grounds..."a suit cannot be filed against the state if it is based on "any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit or inteerference with contract rights."WOW! For REAL?!! Read them slowly, and consider each one carefully. Doesn't this give carte blanche for any officer to do anything they want to a citizen? Am I missing something here? I've read the article 4 times and can't find anything different to conclude. What about police brutality and corruption? No repercussions or responsibilities?! Seriously, can someone out there more familiar with the law (and I know you're out there) give me a better understanding of what is going on here? 
Fidelis et Fortis
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Re: Suing state law enforcement?
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Joined: May 2006
Posts: 2,647
Loquacious
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Loquacious
Joined: May 2006
Posts: 2,647 |
Glad I don't live in Iowa.
06 America 904
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Re: Suing state law enforcement?
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Joined: Aug 2009
Posts: 2,580
Loquacious
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Loquacious
Joined: Aug 2009
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Too old to die young, too ugly to leave a good looking corpse
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Re: Suing state law enforcement?
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Joined: Jan 2009
Posts: 1,228
I live in the sun downunder
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I live in the sun downunder
Joined: Jan 2009
Posts: 1,228 |
What part of China is Iowa in. 
FrankW
Ex Speedmaster rider, went to the Dark Side now riding an America.
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Re: Suing state law enforcement?
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Joined: Jan 2005
Posts: 478
Adjunct
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Adjunct
Joined: Jan 2005
Posts: 478 |
They could sue in Federal Court under Title 42 US Code,Sec. 1983. Civil action for deprivation of rights
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Re: Suing state law enforcement?
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Joined: Jan 2010
Posts: 896
phoenix
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phoenix
Joined: Jan 2010
Posts: 896 |
Quote:
Here in Iowa, just up the road from me. As previosly reported in local papers, a 69 year old truck driver was pulled over by a DOT vehicle enforcement officer after he was seen pulling over into a non truck area. The truck driver says the officer approached the truck, said driver began asking for directions, as he was obviously lost, and the officer began pistol whipping him. Said attack was video taped by another truck drivers wife in an adjacent lot. The truck driver sued, and the court system just threw out his case on these grounds..."a suit cannot be filed against the state if it is based on "any claim arising out of assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, misrepresentation, deceit or inteerference with contract rights."WOW! For REAL?!! Read them slowly, and consider each one carefully. Doesn't this give carte blanche for any officer to do anything they want to a citizen? Am I missing something here? I've read the article 4 times and can't find anything different to conclude. What about police brutality and corruption? No repercussions or responsibilities?! Seriously, can someone out there more familiar with the law (and I know you're out there) give me a better understanding of what is going on here?
Haven't you guys ever hears the phrase; You can't fight city hall and expect to win" that phrase has been around since hig-heled shoes for women. It just meands ,,,they will be glad to take your money .if you decide to sue!Itall so much B.S. i paid a court system $675.00 for catching a bad guyand i got 6 months probation, [had no idea how that worked] who was stripping my sons "Banshee"4-wheeler, and i'm your model citizen, up til now they could not even find so much as a parking ticket on me.Law basically sucks! but we are all better off..........gosh it hurts me to say thathaving it than not. jmo
bob s
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Re: Suing state law enforcement?
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Joined: Feb 2007
Posts: 23,219 Likes: 61
Fe Butt
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Fe Butt
Joined: Feb 2007
Posts: 23,219 Likes: 61 |
I think as soon as anyone breaks a law they should have given up the right to sue for anything. A bad guy breaks into your house and gets hurt or attacked by your dog and injured should have no right to sue you at all since the broke in. The same should go for any similar occurance and the state cops being immune is BS too, if they step outside reasonable guidelines they should be subject to law suit or criminal punishment or both.
I learned all I need to know about life by killing smart people and eating their brains.
Eat right ,Exercise ,Stay fit, Die Anyway!
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Re: Suing state law enforcement?
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Joined: Jul 2007
Posts: 6,060 Likes: 6
Worn Saddle
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OP
Worn Saddle
Joined: Jul 2007
Posts: 6,060 Likes: 6 |
Appendum to my first post. I didn't mention, the same enforcement person, has a reputation for being a di*k. Last year, he was in trouble again for: pulling over an RV, driven by a 60+ year old man and his wife. When the driver asked the obvious question, "why did you pull me over", he stated he didn't need a reason to pull them over, he just could. Then, he said that he smelled "pot" coming out of the RV and insisted on a search. When he found none, he gave the couple a hard time, refering to them and their trasportation as looking like "carny people, before letting them go with a "warning". The couple were really pi***d, contacted his superiors, who basically told them "tough". They refused to settle for that, filed formal complaint with the DOT, who then investigated and found nothing to warrent any action. The officer was relagated to two weeks desk work during the investigation, and is now back at work making the highways in Southeast Iowa safe for motorists.
Fidelis et Fortis
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Re: Suing state law enforcement?
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Joined: Jan 2005
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Bar Shake
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Bar Shake
Joined: Jan 2005
Posts: 6,821 |
Quote:
They could sue in Federal Court under Title 42 US Code,Sec. 1983. Civil action for deprivation of rights
What Bob said. Civil rights violations are taken VERY seriously by the feds.
Put the punk in prison for oppression under the color of law; he'll be real popular.
Last edited by bigbill; 01/31/2010 11:04 PM.
Contra todo mal, mezcal; contra todo bien, también
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Re: Suing state law enforcement?
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Joined: Jan 2005
Posts: 7,630 Likes: 7
Monkey Butt
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Monkey Butt
Joined: Jan 2005
Posts: 7,630 Likes: 7 |
Quote:
Appendum to my first post. I didn't mention, the same enforcement person, has a reputation for being a di*k. Last year, he was in trouble again for: pulling over an RV, driven by a 60+ year old man and his wife. When the driver asked the obvious question, "why did you pull me over", he stated he didn't need a reason to pull them over, he just could. Then, he said that he smelled "pot" coming out of the RV and insisted on a search. When he found none, he gave the couple a hard time, refering to them and their trasportation as looking like "carny people, before letting them go with a "warning". The couple were really pi***d, contacted his superiors, who basically told them "tough". They refused to settle for that, filed formal complaint with the DOT, who then investigated and found nothing to warrent any action. The officer was relagated to two weeks desk work during the investigation, and is now back at work making the highways in Southeast Iowa safe for motorists.
Hmm, PM me with more information about this guy. I know some folks who would like to know more.
We all like to think of ourselves as rugged individualists. But when push comes to shove most of us are sheep who do what we are told. Worst of all, a lot of us become unpaid agents of whoever is controlling the agenda by enforcing the current dogma on the few rugged individualists who actually exist.
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Re: Suing state law enforcement?
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Joined: May 2008
Posts: 128
Adjunct
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Adjunct
Joined: May 2008
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I love it when cops sh*t in their own nest, we had a local cop that thought he was all that, eventually he was run out of the state.
- I love the rain the most when it stops.
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Re: Suing state law enforcement?
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Joined: Jan 2005
Posts: 7,630 Likes: 7
Monkey Butt
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Monkey Butt
Joined: Jan 2005
Posts: 7,630 Likes: 7 |
There is a really good way to take care of these kind of abuses. Find out who they work for and talk to the elected officials who oversee their departments and budgets. Nine times out of ten they will want to know what is going on. The LAST thing they want is to be the one who let some rogue cop or bureaucrat abuse the people who they want voting for them.
We all like to think of ourselves as rugged individualists. But when push comes to shove most of us are sheep who do what we are told. Worst of all, a lot of us become unpaid agents of whoever is controlling the agenda by enforcing the current dogma on the few rugged individualists who actually exist.
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Re: Suing state law enforcement?
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Joined: Jun 2007
Posts: 529
Adjunct
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Adjunct
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I really can't believe I'm going to say this, God help me....call the ACLU.
2005 America, green/gray, gutted stock pipes, tall sissy bar w/ luggage rack, Saddleman's dual touring seat and Tourmaster saddlebags (and sissybar bag).
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Re: Suing state law enforcement?
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Joined: Jul 2007
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Adjunct
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Adjunct
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Sounds like Queensland Australia, similar political disreguard for civil liberties & citizens rights
2x Norton Commando Roadsters
08 Triumph America
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Re: Suing state law enforcement?
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Joined: Jan 2009
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I live in the sun downunder
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I live in the sun downunder
Joined: Jan 2009
Posts: 1,228 |
Quote:
Sounds like Queensland Australia, similar political disreguard for civil liberties & citizens rights
Cummon Hoffo, They aren't all bad.
The only bad ones have their ars***s pointing to the ground
FrankW
Ex Speedmaster rider, went to the Dark Side now riding an America.
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Re: Suing state law enforcement?
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Joined: Feb 2008
Posts: 973
3/4 Throttle
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3/4 Throttle
Joined: Feb 2008
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It seems that there is only one side to this story.
There must have been some reason why the copper felt it neccessary to give the guy a beating and I don't see it reported.
Even in the Rodney King case they at least had a bit of an excuse to give the guy a beating.
Before the war on terror, if I saw an unattended package I used to think "I'll be having that!"
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Re: Suing state law enforcement?
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Joined: Jan 2005
Posts: 1,204
Learned Hand
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Learned Hand
Joined: Jan 2005
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2 sides to every story......Angelis
1200CC BIG BORE, W/WISECO PISTONS,.250 STROKED CRANK, PORTED/POLISHED HEADS AND LARGER VALVES, CUSTOM WELDED EXHUAST, DUAL 42MM MIKUNI CARBS.
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Re: Suing state law enforcement?
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Joined: Aug 2007
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Should be Riding
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Should be Riding
Joined: Aug 2007
Posts: 10,728 Likes: 5 |
except for dead guys, they tell no tales, right?
Always remember to be yourself. Unless you suck. Then pretend to be someone else.
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Re: Suing state law enforcement?
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Joined: Jan 2005
Posts: 4,518 Likes: 32
Loquacious
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Loquacious
Joined: Jan 2005
Posts: 4,518 Likes: 32 |
Quote:
Last year, he was in trouble again for: pulling over an RV, driven by a 60+ year old man and his wife.
Seems like this guy likes picking on older folks.
Perhaps an elderly couple should hide a couple of brutes in their RV next time he wants to do a search.
They can assist in "searching" him ...
Bedouin.
Blessed are those eyes that have seen more roads than any man! (Homer).
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Re: Suing state law enforcement?
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Joined: Jan 2009
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Adjunct
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Adjunct
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Mabey he got picked on alot when he was a kid PROTECT AND SERVE 
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Re: Suing state law enforcement?
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Joined: Jul 2007
Posts: 6,060 Likes: 6
Worn Saddle
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OP
Worn Saddle
Joined: Jul 2007
Posts: 6,060 Likes: 6 |
Quote:
It seems that there is only one side to this story.
There must have been some reason why the copper felt it neccessary to give the guy a beating and I don't see it reported.
Even in the Rodney King case they at least had a bit of an excuse to give the guy a beating.
True, I always am interested in the other side too. However, TWO such cases with like circumstance is a little suspicious. Also, although I don't personally know the older couple with the RV, a good friend of mine does know them, and vouched for their good character.
Fidelis et Fortis
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