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Can slain police officers sue the government?
Posted: Fri Aug 13, 2021 4:58 pm
by ajax18
Chicago Police Superintendent David Brown slammed a local judge's decision to release one of the suspects charged in connection to Officer Ella French's death on bond.
Three people were arrested following the incident, including two brothers, Emonte Morgan, 21, and Eric Morgan, 19, in addition to Jamel Danzy, who is accused of illegally supplying the firearm used during the violent event. Danzy was released on Wednesday per the order of U.S Magistrate Judge Jeffrey Gilbert after he met a $4,500 bond, a decision Brown called "an outrage."
"To say that I am extremely disappointed in U.S Magistrate Judge Jeffrey Gilbert's decision to release Jamel Danzy on an unsecured bond today is an understatement," Brown said in a written criticism of the move on Wednesday, according to Fox News. "It is an outrage."
French was shot in the head and pronounced dead at a hospital on Saturday following an exchange of gunfire during a traffic stop.
Prosecutors said Danzy, who was the registered owner of the vehicle, purchased the handgun unlawfully in his home state of Indiana in a move referred to as a "straw purchase." He was subsequently jailed on conspiracy to violate federal firearms law charges after he allegedly provided the gun to someone who could not lawfully possess it.
Authorities claimed that the weapon was used to kill French and wound another male officer, who remains in critical condition. Emonte Morgan was slapped with charges of first-degree murder, two counts of attempted murder of a police officer, and unlawful use of a weapon, while his brother faces charges of unlawful use of a weapon by a felon and aggravated unlawful use of a weapon with a prior conviction charges.
"This decision sets a dangerous precedent that straw purchasers like Danzy are not a danger to society, despite the fact that his alleged actions directly led to the murder of a Chicago Police Officer and left another in critical condition," Brown wrote. "The outrageous abundance of illegal firearms in our city and our nation is a major factor driving the violence that is continually cutting short the lives of our loved ones and fellow human beings."
"The role of the justice system, particularly that of federal prosecutors and judges is more important than ever, and by allowing Mr. Danzy to walk free the court has done a disservice to Officer French’s memory, to the entire Chicago Police Department, and to the thousands of men and women across the country who work around the clock, day in and day out to stem the violence that is plaguing our communities," he added.
French's death has drawn national attention as roughly 30 officers turned their backs on Mayor Lori Lightfoot, a Democrat, when she visited a hospital on Wednesday. A source at the scene remarked that Lightfoot said a few words to nearby grieving officers. As she approached, they all walked away from her to the other side of the waiting room area and turned their backs.
https://www.msn.com/en-us/news/crime/ch ... d=msedgntp
This case got me thinking. If Jamel Danzy kills another police officer or perhaps even just another citizen while out on bail, can the victims families sue the city of government Chicago for allowing this? Somehow I doubt any of these people get the $20 million windfall George Floyd's family got.
Re: Can slain police officers sue the government?
Posted: Fri Aug 13, 2021 5:51 pm
by canpakes
Re: Can slain police officers sue the government?
Posted: Fri Aug 13, 2021 7:57 pm
by Res Ipsa
Anyone who can pay the filing fee can sue for anything. Sue and win for wrongful bail setting by a judge. I doubt it.
The government has sovereign immunity. It can be sued for damages only to the extent it waived that impunity. I’d be surprised if it was waived for a judge’s discretionary decision in a criminal case. The state wants judges to make decisions based on the law, not based on covering their assess against lawsuits.
The difference between this and the George Floyd case is that the perp was a government employee, and employers can be liable for an employee’s within the course and scope of their duty. Neither the guy who shot the cops nor the guy who shot his wife were government employees acting within the course and scope of their employment.
Re: Can slain police officers sue the government?
Posted: Fri Aug 13, 2021 8:57 pm
by ajax18
Res Ipsa wrote: ↑Fri Aug 13, 2021 7:57 pm
Anyone who can pay the filing fee can sue for anything. Sue and win for wrongful bail setting by a judge. I doubt it.
The government has sovereign immunity. It can be sued for damages only to the extent it waived that impunity. I’d be surprised if it was waived for a judge’s discretionary decision in a criminal case. The state wants judges to make decisions based on the law, not based on covering their assess against lawsuits.
The difference between this and the George Floyd case is that the perp was a government employee, and employers can be liable for an employee’s within the course and scope of their duty. Neither the guy who shot the cops nor the guy who shot his wife were government employees acting within the course and scope of their employment.
Interesting. It's nice to hear a legal perspective.
Re: Can slain police officers sue the government?
Posted: Fri Aug 13, 2021 9:03 pm
by ceeboo
ajax18 wrote: ↑Fri Aug 13, 2021 8:57 pm
Res Ipsa wrote: ↑Fri Aug 13, 2021 7:57 pm
Anyone who can pay the filing fee can sue for anything. Sue and win for wrongful bail setting by a judge. I doubt it.
The government has sovereign immunity. It can be sued for damages only to the extent it waived that impunity. I’d be surprised if it was waived for a judge’s discretionary decision in a criminal case. The state wants judges to make decisions based on the law, not based on covering their assess against lawsuits.
The difference between this and the George Floyd case is that the perp was a government employee, and employers can be liable for an employee’s within the course and scope of their duty. Neither the guy who shot the cops nor the guy who shot his wife were government employees acting within the course and scope of their employment.
Interesting. It's nice to hear a legal perspective.
Not just a legal perspective - It's better than you think - It's a legal perspective formed from that school in Massachusetts!
Re: Can slain police officers sue the government?
Posted: Sun Aug 15, 2021 2:14 pm
by Some Schmo
ajax18 wrote: ↑Fri Aug 13, 2021 4:58 pm
Somehow I doubt any of these people get the $20 million windfall George Floyd's family got.
Windfall? If one of your family members was murdered and you got a settlement, you would call that a windfall?
This is another of those "is he stupid or just a damned asshole?" moments.
Re: Can slain police officers sue the government?
Posted: Sun Aug 15, 2021 6:27 pm
by ajax18
Windfall? If one of your family members was murdered and you got a settlement, you would call that a windfall?
How much is Officer French's family due to receive from the taxpayer after her murder while in the line of duty?
Let's ask the families of those murdered by illegal immigrants how much they got in wrongful death compensation.
What percentage of murder victims families get $20 million in wrongful death compensation? And what did George Floyd do to earn this for his family other than being a career criminal who made a habit of resisting arrest and fighting the cops?
Do you think the taxpayer should be punished for hiring bad police officers? Maybe we should punish the taxpayer for voting in government officials who refuse to enforce our laws and borders. Oh that's right, you don't have to pay taxes to vote so once again these indigent thugs are immune to any financial consequences of who they vote for in elections.
Re: Can slain police officers sue the government?
Posted: Sun Aug 15, 2021 7:01 pm
by ajax18
Windfall? If one of your family members was murdered and you got a settlement, you would call that a windfall?
For someone who doesn't believe in the concept of inheritance or sees it as contrary to the principle of self reliance, you have an odd take on these obscenely high wrongful death tort payouts. Why exactly do you think the taxpayer owes George Floyd's family $20 million?
Re: Can slain police officers sue the government?
Posted: Sun Aug 15, 2021 8:42 pm
by Gadianton
Inpatient COVID-19 hospitalizations could cost the U.S. healthcare system between $9.6 billion and $16.9 billion
For somebody who believes the vaccine works, it's odd that he's okay with a "small percentage" dying, filling up ICUs, and getting disabled with sky-high costs that will ultimately be shouldered by the taxpayer.
Re: Can slain police officers sue the government?
Posted: Sun Aug 15, 2021 10:19 pm
by ajax18
For somebody who believes the vaccine works, it's odd that he's okay with a "small percentage" dying, filling up ICUs,
I've been talking to a ward friend who manages a hospital. I'm starting to doubt the effectiveness of these vaccines. He also confirmed to me that we don't have the access to the real data on COVID. He has his own didactic experience in the ICU and what percentage are vaccinated or not to draw from. I do know of several people in my ward who have gotten sick with COVID after being vaccinated. A couple of the older ones are looking at kidney failure and death.
But yeah, unvaccinated people should not be the taxpayers burden in the ICU. But it is odd to see the bleeding hearts go fiscal libertarian all of the sudden. What about emergency room fees for overweight people who have eaten themselves into heart disease and haven't purchased health insurance because they've been unwilling to work throughout most of their life?
and getting disabled with sky-high costs that will ultimately be shouldered by the taxpayer.
Disability is a scam that has a lot more do with being the de facto welfare program than it does with people actually being unable to perform any job available in the economy.