How Jackinthebox got jacked-up by the police

reply to post by jackinthebox


I say sue, if you still can. Sue for at least $50,000. There are PLENTY of lawyers who will take this case based off of a percentage of winnings.

It's the only way you'll ever get vindication. Raja's right, we do have a legal system set up for a reason, including tort law.

reply to post by Sublime620


If one uses enough forethought, they can avoid situations where they'd have to chose to protest or not. In my day to day business, I don't ever find myself in situations where I'm being question, accosted, or otherwise dealing with the police. If I get pulled over, I comply with every request and responde politely. It hasn't always kept me from getting a ticket(though on a number of occasions it has), but it has kept me from ever being in an escalated scenario.

reply to post by BlueRaja


Yeahhhh, but you're probably in a different place than some people. Some areas don't really have cops out on the beat patrolling and asking tough questions.

Go live in the projects, or some other less than rich neighborhood, and then you'll see that you don't have to be guilty of anything to get harassed.

reply to post by Sublime620


Oh there's plenty of lawyers that would jump at a chance to go after big pockets, if you've been wronged. That's the way to deal with police abuse- not taking matters into your own hands, and getting a beat down.

reply to post by Sublime620


I expect that a promise not to sue will be a part of the final arrangement in my criminal case. Secondly, there are no lawyers around here who will touch it, I have talked to a lot of them. Lastly, the vengeance would be swift and would exact a higher penalty than the crime already perpetrated against me. They do put people in the river around here. Even a cop years back, who was about to blow the whistle on some bad goings-on.

reply to post by BlueRaja


Yup. And if we are getting the full story, and the jury/judge agrees that Jack's rights were violated, he will get the justice he deserves.

I do agree with you that the legal system is the best way to go. I don't think anyone should ever resist arrest or flee, but saying a low-brow comment or asking a question is fair game.

reply to post by Sublime620


Even if one lives in projects they can take measures to avoid looking suspicious. There are plenty of people in less fortunate economic conditions that don't get harassed. Why? They aren't loitering in areas frequented by drug dealers/other criminal elements, they aren't loitering at odd times of the day in unusual locations, etc.. They aren't hanging out with drug dealers/other criminal elements. It's when you look out of place from your surroundings that flags go up with the police.

reply to post by jackinthebox


Well don't plea it. Do you have a lawyer? Look for one. You have pictures.

Get the yellowpages out and call around. Explain your situation. Tell them you were battered by police and that you have witnesses and pictures. Let them know you are interested in a civil suit, and need defense on the criminal case.

Play the system as it should be played. Don't let the system beat you.

*Edited to add:

Most offer free consultation, especially on tort cases. Just go in, show them your case. If you have one, they'll take it. Trust me on that.

The only thing you have to lose is a few hours of your time asking.

[edit on 1-4-2008 by Sublime620]

Here's one example of the sort of things that happen in this region. You can be certain that there is a lot more to the story than what is being reported in this newspaper.

LINK

Here's another rabbit hole that goes very deep...

LINK

Originally posted by Sublime620
reply to post by verylowfrequency

 

Oh, so if you say a provoking statement I should be able to punch you in the face, take you to the ground, and kick you?

Nope, but if your a belligerent dick head on a power trip you might do that anyway. Thus it would be in my best interest to avoid conflict when the odds are not in my favor as laws & protections only kick in after the event.

reply to post by verylowfrequency


It would be in best interest. Exactly. It doesn't excuse the actions of the other.

That's the point. Perhaps he shouldn't have said what anything, but it wasn't illegal to do so. What is illegal, is committing assault and battery on that individual because of it.

Originally posted by jackinthebox

verylowfrequency said
The first and the one I least see eye to eye with is you performed a little vigilante action.

jackinthebox said
This is incorrect. If it were the case, I would admit that openly, as it would still not warrant the force administered by the police.

Nobody expects you to admit that outright, as that is not in your best interest. However, that is the picture you painted to me - just my interpretation of course. You said previously

"the circumstances of the "window party."

which led me to believe you were celebrating this guys window being broken that you thereby insinuate he deserved it because he was a scumbag and generally a bad neighbor.

due to pending criminal charges regarding child-molestation, their squalorous living conditions that had extended beyond their residence. a health hazard that their cats were now using surrounding lawns and driveways as litter boxes.

Thus what was interpreted to me as vigilante action against a bad neighbor whom you've outlined his offenses as if defending your somewhat otherwise unlawful actions, though invisible it seems what you alluded to. Maybe that was not your intent but that's how I interpreted what you wrote.

Originally posted by jackinthebox
Here is what I said...

"Look, I'm not scared of the (insert department)Police, so if you're gonna arrest me, then let's not waste each other's time."

BAM!!! ZAP....!!!

Even more clear, now. You baited them - it was what was said coupled with the right timing of their looks & posture and your delivery (the part we can't see, but can imagine). While there's nothing illegal about what you did, their unprofessional human response was pretty predictable albeit illegal.

You've got sack, I'll give you that.



[edit on 2-4-2008 by verylowfrequency]

Originally posted by jackinthebox

I could have sued, but decided not to because my family pays taxes in this town for one thing. I don't want the town to be hurt by what a few bad cops have done.

Originally posted by jackinthebox
there are no lawyers around here who will touch it, I have talked to a lot of them.

So which of these statements is correct? Are you not suing because you don't want to hurt the town or because you can't find a lawyer to take the case.

If you didn't want to sue and hurt the town, then why go and talk to all those lawyers?

reply to post by craig732


Yeah, I don't believe that at all.

The only reason I can see that certain lawyers might not touch the case is that they don't want to hurt connections in the town. Many attorneys seem to be on a friend basis with each other. If you've ever seen them in action behind the scenes, the DA and defense attorney often joke with each other and seem to know each other personally.

Perhaps calling some out of town lawyers would be advisable?

reply to post by verylowfrequency


The guy is a scumbag, but why would I get in the middle of that? He has bigger enemies in the neighborhood, that was my point in describing his circumstances. It goes beyond that as well though, which the police could clearly see for themselves. So there was no reasonable grounds to assume that I should be targeted or feared being targeted by that person.

You had originally proposed that the police may have assumed that my weapon may have had something to do with the incident. It did not, and they had no reasonable grounds to assume that it did due to factors that would preclude this person taking any action against anyone.

Once again, my knowledge of what happened to the window has already been shared with the prosecutor via my own lawyer.

reply to post by craig732

If you didn't want to sue and hurt the town, then why go and talk to all those lawyers?

There are several reasons why I decided against a lawsuit. Are you saying that I should not have solicited legal advice in the process of making my decision? :shk:

reply to post by Sublime620

If you've ever seen them in action behind the scenes, the DA and defense attorney often joke with each other and seem to know each other personally.

I just learned quite recently that my lawyer and the prosecuting attorney are very close personal friends. I thought of crying foul, but this might actually turn out to be good for my case the way things are done around here.

Perhaps calling some out of town lawyers would be advisable?

There was one firm from out of town that seemed a bit more interested, but I could not afford the travel expenses to meet at the time.

It really comes down to these two points now. First, I did not file the Notice of Claim within 90-days, to reserve my right to sue. You don't have to decide to sue within that time, but you do have to file the Notice of Claim. Secondly, I am not prepared to move out of the area that my family has lived in since the 1600's. There is no way that I would be able to stay living around here after something like that. In fact, I would have to be gone to some unknown place before the lawsuit even got underway. I do not have the means, nor the will to do so.

Where you making helicopter noises at the time?

Did you blink more than 6 times during your conversation?

Did you exercise your freedom of speech?

OH well then there's your problem... death to you then! How dare you!

Now give me 4 taco's...

Seriously though, cops are scary anymore... That's right cops, you scare me and pretty much everyone else I know...!!! You can say whatever you want to try and change my mind, but it won't work... I've dealt with more a-hole cops than I have reasonable understanding cops... I think they think everyone is a terrorist or something...

reply to post by ElectricUncleSam


You know, from time to time I think about trying to get a job in law enforcement, but then I read something from some guy who assumes that all cops are just here to be evil and it kinda changes my mind. I'd like to help my community, and lord knows it needs it, but with people making comments like that I'm just not sure I'm willing to open myself up to that stereotype.

And what's really funny is that 90% of you cop-haters out there would dial 911 in a heartbeat if you thought somebody was breaking into your house.

Sorry for getting off topic here Jack.