Police concerned over court ruling

[HmtPD2]

Police officers could be sued for excessive use of force for pointing their guns at people.

The civil lawsuit, Robinson vs. Solano County Sheriff involves a RETIRED San Francisco Police Officer who sued two Deputies who pointed their weapons at him in 1995 when they responded to a man with a gun/ shots fired call on a public road.

The 64 yr old ret. officer Jamed F. Robinson had shot his neighbors two dogs after they had attacked his livestock. Robinson was handcuffed and detained in a police car for approx. 30 minutes. He was released at the scene when deputies had determined that no crime was commited. Robinson is suing the Sheriff for false arrest, false imprisonment and excessive force on the part of the officer pointing their weapons at him.

The court ruled in favor of the deputies, but the 9th Dist court of appeals said the matter should be decided by a jury.

Robinson said he was calm and approached the deputies slowly and attempted to explain why he had shot the dogs. Deputies said Robinson appeared agitated.

Cities are concerned that this ruling could cause officer to hesitate in drawing their weapons for fear of being sued. A ruling on the part of Robinson could open the door for an officer to be sued for excessive force when ever he/she draws their weapon. A decision is expected later this year.

[jnc36rcpd]

This is a serious issue. It certainly concerns us, but its relevance should be demonstrated to those who would prefer cops to die than any possibility of upsetting people.

A drawn and/or pointed weapon reduces the liklihood of many people disobeying police commands. When confronted by the police, many people do not obey commands and make sudden and bizzare movements. How often have you had a suspect, ordered to place hands behind back or to prone out, take that last drag of the cigarette? If the officer has the pistol holstered, he or she will have to be making the draw while trying to focus on the suspect. This will imevitably lead to more injuries and deaths of both cops and suspects.

It will also make officers less inclined to stop suspicious subjects. Why look for trouble? This will certainly trouble ACLU members when their homes are burglaized, their cars stolen, and themselves robbed.

The plaintiff in this case is a former police officer. To him I say: Shame. Shame on you. I'm sure you were a disgrace to the agency you worked for (I can't say serving with) and you are a disgrace now.

Plaintiff Robinson,good day,sir. For everyone else, be safe.

[mdb23]

If, either by court ruling or legislative measures, it is determined that Officers may not approach party armed/ shots fired calls with their weapons at the "ready gun " position, I will resign.

There are too many other ways in life to make a dollar without having to put up with this kind of shit.

mdb23

[RECON5]

A quote from one of my old FTO's comes to mind. "Rather be judged by 12 than carried by 6."

[ski]

mdb23,

Amen, brother! There has GOT to be a better way of payin' da rent man! This occupation is getting harder and harder to stomach.

Shame on that a$$hole for suing fellow cops. I guess he never pointed a gun at anyone in his career with SFPD?

Ski

[RogueExec]

Originally posted by RECON5:
A quote from one of my old FTO's comes to mind. "Rather be judged by 12 than carried by 6."


I knew you'd pull that one out, bro.

Next thing ya know, we'll have to keep the weapons in the car until we need them.

[Swat1]

Leave it to the 9th Circuit Court of Idiots to rule that way...the most reversed Appelate Court in the land....so glad we are in there grasp over here in the West.

Swat1*

[mdb23]

Originally posted by RogueExec:

Next thing ya know, we'll have to keep the weapons in the car until we need them.



Did you get a job in LE? Where at? Wherever it is, congrats on being hired.

mdb23