Outrageous judgement aside, from the description in the judge’s memorandum the initial event sounds like a real clusterfuck.
ETA: sorry, I realize this is a stupidly obvious comment.
Welcome to Texas. The root of the problem is the overall police/criminal justice system has been perverted into a paramilitary combat apparatus. They are equipped with military hardware, trained in combat tactics and actively recruit aggressive, sociopathic people with authority complexes. This is true in Texas and everywhere else. It is a national problem.
Unless and until the Dept. of Justice take assertive steps to punish individuals for these type of crimes, and institutes a review process to weed out the police departments from the top down - get rid of police chiefs that prioritize SWAT teams, cut the budgets for military equipment and stop recruiting sociopaths - then every citizen will continue to be viewed as the enemy by police and dealt with accordingly.
For example, in New York City data shows that over 80% of the resisting arrest arrests are made by 5% of the police officers.
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I’m like you Space_Monkey. I am now more terrified of the of cops than criminals. Each time I see a police cruiser while I’m driving or walking, I wonder, I am I going to get pulled over on some BS charge, beaten, shot, killed, arrested? While the cop walks out the door scot free.
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I suspect his “emotional difficulites” have not dissipated.
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I sure as hell hope he is suing the crap out of these bozos. I hope he takes them down for millions. It’s the only way to stop these a**holes. I used to be a supporter of the cops, willing to give them the benefit of the doubt, but too much crud has been going down in the past few years. It’s time to reign in these thugs.
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The problem with suing them is that they will make it easy for him to get his millions - only by agreeing to settle and dismiss his allegations. It’s a (as they see it) win-win for the police because they pay for their violation in taxpayer money while admitting no wrongdoing. If he refuses to settle and instead insists upon justice, it will be difficult.
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The judge should be terminated. Although Malicious prosecution is not a Constitutional right, “Life and Liberty” is. Clearly this police force trampled his Constitutional rights. And both Malicious Prosecution and Abuse of Process are common law torts, are our legal rights and should have been recognized by the judge:
“Abuse of process is a cause of action in tort arising from one party making a malicious and deliberate misuse or perversion of regularly issued court process (civil or criminal) not justified by the underlying legal action. It is a common law intentional tort. It is to be distinguished from malicious prosecution, another type of tort that involves misuse of the public right of access to the courts.”
Furthermore, the police force in question effcted several other torts against this guy and the courts should have recognized them immediately:
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Assault: the threat or use of force on another that causes that person to have reasonableapprehension of imminent harmful or offensive contact (or battery)
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Battery: intentional harmful or offensive contact of another
-Intentional Infliction of Emotional Harm :
the tort of intentionally or recklessly causing another person severe emotional distress through one’s extreme or outrageous acts
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Duty: a legal obligation that is owed or due to another and that needs to be satisfied; an obligation for which somebody has a corresponding right
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False imprisonment- a restraint of a person in a bounded area w/out justification or consent
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If you call 911 emergency for someone who needs help to the mental facility, they often send cops with their guns or beating sticks out. There are pages of fatal examples of this. The non-fatal ones don’t make the news as much.
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In this zero-sum world, somewhere another SWAT team must now confront and forcibly strip a skinny deaf man before surprising him with loving caresses rather than batons and body blows. It’s gonna happen, you just watch …
Well the police have all this nice war surplus firepower on hand and are just itching to use it at the drop of a hat. He should get the NRA to sue the police for harassing a gun-owner in his own home. BTW: That noise you hear is Lady Justice throwing up.
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Oh, and in all sincerity, screw these over-zealous thugs. A colleague of mine’s brother was shot and killed by the police a couple of months ago in what, by the family’s account, was literally an adrenaline and testosterone-fueled hunting expedition.
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I remember an advertising slogan from long ago:
Coke adds life.
I propose a new one:
Cops add death.
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At the very least the city needs to pay for this guy to have Cochlear implants and some kind of financial compensation for the trauma. There needs to be jail time for these police.
Hell, at this point, I would expand that to not calling 5-0 on my worst enemy.
There is no emotionally tense situation that cannot be made worse by the addition of cops.
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The problem with that is that frequently the police have no good alternative (eta: and people witnessing someone having a break with reality don’t have a good alternative either). Incarceration has become the catch-all for public habitual drunkenness, being off your meds, vets with PTSD that have been triggered by something, and a whole host of mental issues that would be better served by professional treatment.
This does not excuse the beating, and is actually a whole 'nother discussion.
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Although Malicious prosecution is not a Constitutional right, “Life and Liberty” is.
No, and this is a pet peeve of mine. “Life and Liberty” are NOT constitutional rights, nor is, for that matter, “the Pursuit of Happiness.” They do not appear in the US Constitution. They do appear, however, in the Declaration of Independence:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
The purpose of that document was for the thirteen colonies to declare themselves no longer part of the British Empire. It is not, nor has it ever been, the law of the land.
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No, and this is a pet peeve of mine. “Life and Liberty” are NOT constitutional rights
Not unless you count the Due Process clause of the Fifth Amendment, which explicitly says that they are:
No person shall … be deprived of life, liberty, or property, without due process of law.
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Please, everyone, ignore police brutality against white people, until police brutality toward PoC is solved.
We can do both, y’know. Like how we can be concerned with a super-First-World-Problem like the portrayal of women in video-games, and be concerned with how women in Iran can lose their lives for speaking up for themselves.
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Hell, I’m a middle class Johnny Foreigner who once wanted to visit the United States. Now I’m too scared to do so, because of the insane CRUSHKILLCONQUERDESTROY mind(less)set exhibited by the police, GOP, FBI, DEA, TSA, CIA, NSA, and all those other fine TLAs.
Running the 24/7 risk of being assaulted by lawlessness enforcement isn’t worth a 24-hour plane ride for.
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Stop resisting!
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