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-   -   Neives v Bartlett (http://www.socnet.com/showthread.php?t=134652)

CAP MARINE 2 June 2019 18:39

Neives v Bartlett
 
Very important case involving Section 1983, Federal statutes, suing the police for violations of a personís civil rights. It will now be much harder to sue, tying up officers for years in civil court?

gavin 2 June 2019 18:48

Quote:

Originally Posted by CAP MARINE (Post 1058797774)
Very important case involving Section 1983, Federal statutes, suing the police for violations of a person’s civil rights. It will now be much harder to sue, tying up officers for years in civil court?

The USSC's ruling on this is somewhat muddled (due to the partial assents, etc).

Bottom line, IMHO, had the 9th Circuit's ruling been allowed to stand, this would have had some effect on future actions. The USSC reversed and remanded the 9th Circuit's ruling, so the future effect will be minimal. From the USSC majority ruling: "there was probable cause to arrest Bartlett, his retaliatory arrest claim fails as a matter of law."

CAP MARINE 2 June 2019 21:47

Once again the 9th gets spanked.the justices hopefully gave some relief to the street cop. If one lawyer backs off from trying to take an officers job and livelihood it will be worth it

gavin 2 June 2019 21:58

In this particular case, the DA is the true problem. I used to be a cop in Alaska, and we had this sort of horse shit from DAs quite regularly. Goes like this: Cop arrests suspect. DA decides to drop charges "for budgetary" reasons. Suspect gets lawyer and sues cop, using the DA's failure to charge as evidence that the suspect did nothing wrong. I was sued a couple of times under those circs.

Mars 2 June 2019 22:02

Quote:

Originally Posted by gavin (Post 1058797793)
...the DA is the true problem...

Yep...they have way too much unchecked authority and ability to act with impunity.

Dino0311 2 June 2019 23:44

I'm getting sued federally right now, it has no bearing on my job whatsoever. At some point years from now I will probably spend a few days in court. Since I'm 100% "good" as far as my employer is concerned even if I lose I won't be out a penny.

GackMan 3 June 2019 00:04

Quote:

Originally Posted by gavin (Post 1058797793)
In this particular case, the DA is the true problem. I used to be a cop in Alaska, and we had this sort of horse shit from DAs quite regularly. Goes like this: Cop arrests suspect. DA decides to drop charges "for budgetary" reasons. Suspect gets lawyer and sues cop, using the DA's failure to charge as evidence that the suspect did nothing wrong. I was sued a couple of times under those circs.

"contact with law enforcement sufficient sanction" :rolleyes:

Sharky 3 June 2019 08:58

Quote:

Originally Posted by Massgrunt (Post 1058797801)
I'm getting sued federally right now, it has no bearing on my job whatsoever. At some point years from now I will probably spend a few days in court. Since I'm 100% "good" as far as my employer is concerned even if I lose I won't be out a penny.


1983 Suit? If so, welcome to the club.....LOL I think I racked up 4 in less than two years at one point. All were dismissed by a Federal Judge.

Whitebean54 3 June 2019 13:25

Quote:

Originally Posted by Sharky (Post 1058797817)
1983 Suit? If so, welcome to the club.....LOL I think I racked up 4 in less than two years at one point. All were dismissed by a Federal Judge.

Iíve been sued at least 3 times that I know of in the last 2 years. All dismissed. One incident, I wasnít even working, let alone on scene.

Dino0311 3 June 2019 13:48

Quote:

Originally Posted by Sharky (Post 1058797817)
1983 Suit? If so, welcome to the club.....LOL I think I racked up 4 in less than two years at one point. All were dismissed by a Federal Judge.

I assume that's what it's called although I don't really know.

Whitebean, the lawsuit is riddled with bold faced lies and can't even keep the various officers straight.

Sharky 3 June 2019 14:26

A 1983 suit is basically a Civil Rights violation lawsuit.

Whitebean54 3 June 2019 15:35

Quote:

Originally Posted by Massgrunt (Post 1058797868)

Whitebean, the lawsuit is riddled with bold faced lies and can't even keep the various officers straight.

I donít doubt it. Best part is nothing will ever be done about it.


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