Terry Stop Flop! 😳 Cop Kills Unarmed Man Trying to Catch a Bus! Immunity Toasted! $1.4M Settlement!
ฝัง
- เผยแพร่เมื่อ 30 ก.ย. 2024
- 2016.03.07
US Ninth Circuit Court of Appeals
Written Decision: cdn.ca9.uscour...
Great quotes from decision:
"To determine whether Officer Villarreal violated clearly established law, we look to “cases relevant to the situation [Villarreal] confronted,” Brosseau v. Haugen, 543 U.S. 194, 200 (2004) (quotation marks omitted), mindful that there need not be a case “directly on point.” Gravelet-Blondin v. Shelton, 728 F.3d 1086, 1093 (9th Cir. 2013) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011))."
"It has long been clear that “[a] police officer may not seize an unarmed, nondangerous suspect by shooting him dead.” Garner, 471 U.S. at 11."
Settlement discussed here: www.reuters.co...
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2016.03.07
US Ninth Circuit Court of Appeals
Written Decision: cdn.ca9.uscourts.gov/datastore/opinions/2016/09/16/14-55184.pdf
Great quotes from decision:
"To determine whether Officer Villarreal violated clearly established law, we look to “cases relevant to the situation [Villarreal] confronted,” Brosseau v. Haugen, 543 U.S. 194, 200 (2004) (quotation marks omitted), mindful that there need not be a case “directly on point.” Gravelet-Blondin v. Shelton, 728 F.3d 1086, 1093 (9th Cir. 2013) (quoting Ashcroft v. al-Kidd, 563 U.S. 731, 741 (2011))."
"It has long been clear that “[a] police officer may not seize an unarmed, nondangerous suspect by shooting him dead.” Garner, 471 U.S. at 11."
Settlement discussed here: www.reuters.com/investigates/special-report/usa-police-immunity-variations/
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Is there video of the incident ?
Nice copy and paste.....
@@showlett33 Yes,dashcam.
That's crazy.
Immunity shouldn't cover murder.
@@JJJJspam but that's just what it's for!!
Shouldn’t be any immunity?
QI was started tonl protect racist officers harassing some black nuns and now it covers everything
Officer “take your hands out of your pocket” Suspect takes his hand out and officer murders suspect. Judge asks why he shot the unarmed suspect. Officer: “he took his hands out of his pockets” WTF?!?
Sounds like most police logic
And it was a shirt pocket. Bet there's some big guns in there. (I took it to mean breast pocket where I read it)
Whether its your job or not, how can you sleep at night defending a murderer WHO IS CAUGHT ON TAPE MURDERING? Her only argument is "What is ON THE VIDEO isnt what happened."
@@patrickday4206💯
@@kidwave1Evil bitches and the agents of the devil always sleep well at night.
i remember the media said cameras would absolve police wrongdoing, it only proved it
Why do you think they don't want you recording?, they're whiling to hurt people just for recording them...
How very true. Body cameras prove what the public has known all along, and courts and government officials refuse to believe. How bad officers really are, and how poorly they treat the public. That is why some police and sheriff departments, along with some troopers REFUSE have their officer's wear body cameras. They do not want to record their officer's bad and even criminal behavior/actions.
@@altairiv6326Cops are given difference as 'professional witnesses' who are expected to be better at remembering events than normal people
Lawyers should start arguing that cops have a vested interest in lying to secure a conviction which improves their career.
Courts should consider that the absence of police camera evidence renders the cops testimony presumably false.
That was what the civilians used as justification for requiring police to wear bodycams. You police know all those unjustified complaints about vile police behaviour? Bodycams will prove on video all those people complaining about unjustified use of force are liars.
Except it proved mos complaints to be true.
You remember wrong. Go back and read the actual reporting. FFS.
5:00 "Qualified Immunity allows police officers to make mistakes. It allows for the possibility that officers will make mistakes in judgement." - this is an insane statement. A cop took the life of another person on PURPOSE, that's not a mistake.
And even if it's a mistake, it shouldn't absolve the officer from any and all resposability. If a gun you're wielding somehow fires and kills someone, you're going to jail for accidental manslaughter. Why would a police officer be excused from accidental use of extreme force when the accident could've been prevented by the actions of the police officer.
An officer needs to be an imminent danger of serious, bodily injury, or death or protect somebody from the same to discharge a deadly weapon. Clearly this was not the case. Clearly, he did not act with prudence as a normal police officer would. Qualified immunity in this case is a joke.
@@robertdillon9989they are taught at the Academy they will never be held accountable for anything they do.
They can hardly wait to use their GI Joe army toys on innocent civilians.
INSANE indeed. So the Officer's allowed to make the same "trivial" mistake with you chica? 🫡
The officer should face the Judges instead of his Lawyer. Let him fight for his QI himself. You value something when you work hard for it.. Weather its Immunity or a used Car
She keeps talking about strange behavior. Is strange behavior a misdemeanor or a felony????
What's the biggest scam is the word Reasonable. To a moral individual, reasonable usually falls within the guidelines of moral fiber.
A psychopath has a completely skewed definition of what reasonable is and is never to be confused with the appropriations afforded to a sane moral individual.
No it's neither. It's a death sentence
@@fuzzs8970no it isn't obvious lol
why wasn't the Officer Charged?
It doesn't sound like any crimes were committed by the victim, they shot and murdered a man that did not break any laws, did not pose a threat.
Take your hands out of your pocket is not a lawful order, but when he did do what he was ordered to do, he was smoked down, sounds like he was putting his hand up.
This was not a reasonable mistake, this cop screwed up and should be in prison for murder.
Well it was clearly cold blooded murder by this cop. And he should be prosecuted and sent to prison for the rest of his life.
Ditto 😢 😮 😢 .
Immunity, and what this judicial panel is deciding if he has immunity.
@@SubangelisNo, qualified immunity only applies to civil action, (i.e. lawsuits) against a government employee or official. Getting criminally charged falls outside the bounds of qualified immunity. That's up to the discretion of the DA.
@@Subangeliseliminate qualified immunity and terry v ohio
3 minutes in I could tell by the looks on the judges faces they were disgusted by what happened
🔍🧐 Indeed. 🫸🏿🫷
If the perpetrator was not a police officer, he would instantly be charged with murder.
Exactly
Police officers have, historically, been given the ability make reasonable mistakes. This is due to the nature of the job they are asked to perform - a mistake made, reasonably, may result in the loss of life of another person. The *qualified* immunity (not absolute immunity) protects the People - who have given the task of law enforcement to a trained law enforcement person - from lawsuits for reasonable action taken in the course of the task of law enforcement. This is not only the correct perspective, but one that is steeped in common sense.
In this case, the police officer did not act reasonably.
@arctain1
With this logic, why doesn't doctors have also qualified immunity? I mean they can also made mistakes and kill someone by accident.
@@dejavudeux - primarily because doctors are not tasked with enforcing the law, but with saving lives. In the case where you are in need of a doctor, and may expire, the doctor is there to attempt to help you, not enforce the law. And thus, the constitutional or statutory rights protecting you are not in question.
Secondarily, the doctor is not usually acting in the name of government, the law enforcement officer is. In the course of the duties assigned, the officer is protected from lawsuit for damages, unless the officer violates “clearly established statutory or constitutional rights of which a reasonable person would have known". It’s not about ‘mistakes’, but about violations of constitutional rights and statutory rights and responsibilities which get law enforcement into losing qualified immunity.
A doctor may make mistakes, and get an insurance claim (or even a wrongful death suit) filed. A LEO mistake, though, has only obliquely to do with qualified immunity.
@@arctain1 The reasoning doesn't hold water. No one is above the law, and ignoring the law is no excuse for breaking it. Unless you're the government itself, it makes no sense.
From a legal point of view, a doctor has an obligation to help and treat anyone who comes to him or her. If someone goes to hospital and is refused care, the hospital or the doctor can be sued. What's more, a doctor who makes a mistake that results in death or other complications can also be held liable before the law, despite the fact that his or her primary duty is to save lives, just as a police officer is supposed to protect society.
It is legitimate to argue that a person has the right to "reasonably defend" himself against any aggression. Like a policeman, a citizen could claim that he believed the law allowed him to defend himself, because the law does recognize the right to self-defense. Yet justice seems to establish two categories of people:
1. Those to whom justice is not applied with equal rigor.
2. Those to whom justice is applied absolutely.
Take a striking example: how can a police officer claim immunity for violating the Constitution, when the latter is the clearest and most absolute law in the land? It is incoherent that the guarantors of the law should be able to evade its application, even though they should be its first defenders.
I hate cop splaining lawyers.
Her statement of "We don't want juries to second guess the actions of officers" and the judges "I agree" were clear indications of the "us -vs- them" status of the justice system. All forms of law are under the purview of We The People.
Whether its your job or not, how can you sleep at night defending a murderer WHO IS CAUGHT ON TAPE MURDERING? Her only argument is "What is ON THE VIDEO isnt what happened."
@@kidwave1 I've never really met a lawyer who stands for justice but rather to them, justice is whatever you can get away with.
@@kidwave1 easy because they’re just doing their job.
They aren’t personally invested
@@bubbajones4522 what are you going to do about it? Complain on youtube video comments? That'll change things
I don't want my tax dollars paying for police violating my COUNTRYMEN rights!!! Let the police pay it themselves!! Let our money benefit us!!!!
Politicians have allowed police to run themselves without oversight. Sadly it takes multiple judgements against a city to wake them up to take action to make changes.
@@Stetsonhatman city doesn't care. The courts don't care. The government isn't going to fix itself. Voting doesn't matter.
Amen, brother! You’re not alone and I bet you’re in the huge majority.
Exactly
Taxpayers implore a transparent "NATIONAL REGISTRY LIST" with "ADDRESSES" of fired, quit, and transferred (BAD-APPLE) police officers!
Registration is mandated for "THE SEX OFFENDER" so too should there be a National Registry for BAD APPLE Police officers!
TAXPAYERS NEED A NATIONAL SAFETY NET FROM PREDATORS and DEVIANTS..
Abolish Police Unions & Qualified Immunity!
“The tyrant will always find a pretext for his tyranny!”
~Aesop
"There is no crueler tyranny than that which is perpetuated under the shield of law and in the name of justice!"
~Montesquieu
"When the people fear their government, there is tyranny; when the government fears the people, there is liberty!"
~Thomas Jefferson
Qualified immunity is simply ‘Police Crime Insurance’ … if police follow society’s rules (as they expect regular citizens to), there is no need for qualified immunity. End of story, agreed?
How do you Americans even function day to day?
I 100%agree with the Thomas Jefferson quote ,
Let him keep his union. It helps with contracts and raises etc. However, qualified immunity should go.
Reasonable mistake? A man lost his life.
This, is what you call a mistake, would hate to face you on the street, DAY or Night 😢 😮 😅 .
@@GerryMcglynn Not what I said. That's what the cops lawyer said.
Not lost , it was taken
Why the F is this person presenting justification for murder when the victim was unarmed? Our justice system is a gd joke. Revoke qualified immunity doctrine. Revoke Terry vs Ohio.
Everyone is entitled to a defense attorney don't be a scumbag tyrant
I suppose you want the 6th amendment revoked as well?
Nothing wrong with Terry V. Ohio. Stopping this man wouldn’t of qualified for a proper Terry stop. This guy was just walking along he wasn’t casing vehicles or house etc
Its her job. That is how the justice system works, and that part at least, is fantastic. It is up to the judges and / or jury to decide actual guilt and whether or not to buy her arguments.
@@CubeInspector You are absolutely correct, but making "statements of fact", that are fabricated lies, goes beyond the pale of "good defense".
When I was 9 years old and my grandpa was teaching me about guns the first thing he taught me is there's no such thing as a mistake with a firearm
Ditto, to your Grandpa ,❤ 🎉
Yeah there is. Giving them to idiots.
When you were 9 years old, you probably had more firearms training than most of these bastards.
No accidents either ?!
@@shirleyrichard-qv9lw I believe his point is that you can't _accidentally_ pull the trigger, it has to be pulled with intention, especially for police firearms, since they generally have higher tension triggers.
Skipping backwards in the street is a reason to stop someone where is the victim in that crime the street.
No, clearly that indicates someone is armed and dangerous. 🙄
Can’t believe they didn’t argue they were stopping for jaywalking ticket.
Cops don't like "weird".
@@craftsandstuff3349then they shouldn’t look in a mirror
Thank God this didn't happen around children skipping on a playground. Could have been a mass shooting then.
SKIPPING IS A CRIME 😢😢😢
Catch 22 situation, damn if you take you hands out of your pocket, damn if you don't !
In UK you can have your hands in your pocket and live every time. Even though they really don't like it
@@constantinvaldor3742 because police in america think everyone is a criminal. They are so jumpy that they unload their firearms into their service vehicles because an acorn fell on the roof of said vehicle. Some police come straight from the military and haven't been properly vetted and are some deranged, power hungry, sickos.
Terry v Ohio needs to be abolished
🎯
Police behavior has been becoming MORE DEPLORABLE. ABOLISH QUALIFIED IMMUNITY!! UPHOLD INTEGRITY, ACCOUNTABILITY, TRANSPARENCY!!!
It's being shown more. Business as usual.
Qualified immunity doesn’t need to be abolished the American people need to learn the law and apply it. You see here that qualified immunity has limitations and cops being as ignorant as they are, toss qualified immunity out the window just by allowing their feelings and ego to take control. Learn to sue them without a lawyer if we all did that all the dirty lawyers and judges would be in a lot of trouble too. That’s how the power is invested in the people.
TYPING IN ALL CAPS DOES NOTHING BUT SHOW EVERYONE YOU LACK CONTROL OF SELF AND YOUR EMOTIONS.
What does your opinion have to do with the orignal commentor's writing?
If anyone wishes to write in caps, let that be the case. I don't like it, but it is to their liking.
@@jirensentry7609 and what does your comment have to do with anyone else’s?
Ignorant Hypocrite is an understatement
Whining in youtube comments doesn't change anything.
Bad enough have cops who kill but for a woman to stand and lie for him is disgusting no one should lie for a killer
A lawyer can not lie for a litigant, if they are caught lying they are to be brought up on sanctions.
Every person is entitled to a defense. Don't be a scumbag tyrant just because you don't like the person. Youre no better than the cop
@@CubeInspector Yes they are entitled to a defense, but a Lawyer is held to standards and one is that they will not lie in testimony, court documents, or during a trial of any type.
@@RichardHeadGaminga lawyer can not lie for a litigant? Did you watch the same video I just watched or did you put your fingers in your ears and go lalala the entire time that female laywer was speaking or do you believe that women is the reincarnated soul of Jesus Christ who never tells lies and every word out of her mouth was literally the gospel truth of Jesus Christ. Or did you ignore the 100's of lies she just told for her client in a court of law?
@@robertgosney5657 I am just stating the regulations imposed on them by the oath they swear and sign to before receiving their bar license. I agree you can tell she is lying instead of trying to twist facts. My statement was to the fact anyone now can do a report to her bar association to try and remedy the situation by having her license revoked for her crime.
"Qualified Immunity allows for Officers to make reasonable mistakes". That is the problem. When an officer makes a mistake someone often ends up losing their freedom and or their life. Abolish Qualified Immunity now.
Especially since we’re not allowed to make reasonable mistakes, the same way that officers are not required to know the law but we are required to know the law.
@@georgejones3526excellent point. Perfectly said
Trouble is, usually the prosecutors and the judges decide that the officers made a "reasonable mistake", no matter how stupid, ludicrous and cowardly the actions of the cops are.
@@edeledeledel5490they all belong to the same gang.
That's not what QI is supposed to be about. The QI is supposed to allow a cop to make reasonable mistakes in analyzing laws. For example, the cop shouldn't get in trouble for arresting you for breaking a law if on appeal the court decides that law shouldn't be interpreted that way. Like, the cop gives you a ticket for driving in the HOV lane when you're driving a hearse with a corpse in the back. Does the cop get in trouble for stopping you if the judge decides the corpse counts as a second passenger?
One of the only professions in the world where you can make the ‘mistake’ of killing someone, use that as the excuse, and still keep your job and avoid prison time.
Soldiers enjoy that privilige so long as the ROE was followed. I know you said one of the only, just pointing out the other one. You do realize most cops are former soldiers/marines/airmen/sailors right? I wonder if maybe Military Service should preclude you from law enforcement professions. I know I declined to be a cop after I came home from war. I just couldn't see myself turning on the citizens I went overseas to defend.
Cops mindset. Taking out the trash. Given the green light by qualified immunity.
They always mag dump also.
Not only QI but the continuous disrespect for black & brown lives by an entire police/da/judge system of oppression.
“He can testify to whatever he wants to testify to but I’m telling you his camera proves he didn’t see it” I like that middle judge a lot lol
And no perjury charges
“May have”, “Possibly”, “was potentially”… these are all excuses cops use to DEFINITELY end a person’s life, based on “officer safety”
our lives
@@alansmith7192your life was ended?
@@brkbtjunkie Us and them.
@@brkbtjunkie
You're on the spectrum, aren't you, Rainman?
Officer safety is not a law, and no citizen is subject to it. This guy had committed no crime at the time of the interaction, and was not even subject to be detained let alone shot.
Remember this coward cop initiated this confrontation for absolutely bs
my only issue is these lawyers Can sit there with a straight face and lie to a judge about about the murder of an innocent person
Unfortunately, many lawyers are amoral. They only worship the written law. Never moral values.
Killed because of suspicious behavior. Outrageous. Suspicious behavior is NOT criminal!
suspicion? of what crime? skipping backwards on the street? 😮
More to the point, where is the criminal prosecution?
We all know those don’t happen! 😡
@@fatherinexile they do sometimes but not nearly enough.
The lawyer lied off the bat “he saw everything “
isnt that supposed to be purgery? dont tell me lawyers can lie all they want and they have qualified immunity lol
I appreciate the consistency of the judge in the middle; he remains the same in all of these videos.
Agreed! I don't understand how he keeps his sanity after seeing all these cases.
Say No to qualified immunity
Part of what they do is to play devil's advocate for the arguments being presented by both lawyers. This is to test the robustness of all the arguments presented before them.
The goal is NOT to be "consistent" as you mentioned but to point out any obvious lapses or gaps in an argument, regardless of which side presents it. This is how this part of our judicial works to ensure that laws are fairly and accurately applied.
@@fatherinexile because he reads from a script he does exactly what he's told to do. They control both sides of all branches of government.
They're all missing the elephant in the room; Being taken into custody FOR WHAT CRIME? At no point, anywhere, does anyone even attempt to elucidate that an actual crime occured.
Not really relevant for a self defense claim. And the officer is claiming self defense; that he was had a reasonable fear that he was in danger.
@@thorinpalladino2826 The party that first engaged and also first initiated beligerence cannot credibly claim self defense.
@@alexritchie4586 Not always true, and even less true for cops who are allowed it initiate force.
For example, if you start a fist fight and someone draws a knife you are allowed to defend yourself with deadly force even though you threw the first punch.
I like that word, elucidate.
The "we got a call" law clearly states you are guilty of every statute know to man and then some. SHOW ME YOUR PAPERS.
It's crazy how we went from mocking Germany and Russia for show me your papers. To now we got a call. Show me your id.
@@kwiztasand comply.
@@stanleyhaskell8207 The quickest way to make me mad is people saying "just comply"
Police in America..."I (only) thought he had a gun so I shot him 5 times"--Mesa Arizona as an example.
Our troops in a war zone..."Don't fire unless fired upon"
Abolish police qualified immunity and/or give our troops qualified immunity in a war zone!
P.S...let's not forget officer safety against unarmed civilians!
Yea in the military when the bullet fly you get your ass on the ground or get behind coved and assess where the firing is coming from and who. Instead cops getting cover when they see a gun they get closer and confront the person and then use the excuse I was afraid. Well if you were so afraid why would you get closer. But these agressive cops have to go. You knkw why this did not happen like this 30 years ago. Most cops sat in there car drinking coffee. Today cop purposely find problems under this crazy idea they are preventing crime or terrorism. What a joke.
If the military has that "rule", there is literally no reason why the police can't also do that.
occifer safety isn't a law nor is having ones hands in their pockets.
Abolish qualified, judicial and prosecuratorial immunity....
Blue line supporters: "Just comply! Then you won't have any trouble with police!"
Countless numbers of innocent citizens: *complies and gets hurt*
This is why compliance isn't the answer. Compliance often assures your injury, disability, or death. Nothing will save you from a man intent on punishing you for the crime of not seeing them as a god. It is not the citizens job to appease unstable government dogs. Progress will not be made while citizens are idle, the government has incentives to keep the status quo. We must demand change from our government, and it cannot be done while a significant number are asleep at the wheel.
This is the crux of the issue. Compliance with the orders of government officials should AT MINIMUM not result in injury. Until police can guarantee compliance will not result in injury or death every citizen has to do the math of balancing the risk for themselves. This would likely also increase safety for officers, considering the alternative would involve likely injury. However, it's not about their safety, nor your compliance, no matter how much they repeat it. You must recognize their inflated authority and hold them with the deference they think they are warranted. Though today, they've continually demonstrated they deserve only derision.
Extremely well said!👍🏻👍🏻👍🏻
"Our government" No, slave. S.O.S. Stomp Out Statism
Back the blue until they do it to you
Compliance is absolutely the answer.
LEOs must comply with The Constitution of the United States.
She said Qualified immunity gives them the right to make mistake.thats crazy.
Qualified immunity was pulled out of thin air to defend officers in their unlawful acts. Change my mind
Make mistakes??? Oops, your dead, my bag....3rd mistake this year sarge.....how many more can I put on my tally, oops. Skipping is an absolute deadly threat.
This is s Tragic case: BUT! The Judge made it clear from the Off he wasn't in the Mood For Lies and Cop BS! Skipping NOT ILLEGAL! Hand in a Pocket NOT ILLEGAL! What could the Victim have Done To NOT be Dead? He kept His Qualified Immunity (And the Judge said its a Case of Wrong Place Wrong Time!) He's Paralysed in a Nursing Home for the Rest of his Life
Not to be a suspect.
@@iridios6127every things a nail to a hammer.
"We dont want jury's second guessing the very very difficult life and death decisions that officers have to make" But that's what jury's are for, hearing the facts and deciding if the decisions that were made were necessary, reasonable and lawful. Excluding cops from the process a civilian would endure if the roles were reversed shows in plain view the two tier justice system.
So officers are allowed to make a mistake like killing somebody and qualified immunity protect them, unless you're a regular citizen then you go to jail for life
Take too long to take your hands out of your pockets? Threat. Take your hands out too fast? Threat. It's a lose lose for the person with guns pointed at them.
Nobody is above the law, PERIOD. The Constitution specifically outlines government officials and officials of the government are in fact to be held in check and subject to citizen oversight and control. Qualified immunity is unconstitutional in every way.
Even the president!
Hmm. What basis was there for taking anyone into custody?
I realize that an attorney must make all attempts to prove the innocence of their client. With that said, this lady is absolutely insance to think that ANYONE would believe the shit she's spewing. What a disgrace.
This is where the justice system has been turned on its head. The role of the defense attorney is to ensure the rights of the defendant are protected, not to win at all costs.
@@MichaelOneal-m4z Bingo! The role of the Court/Law is to insure that Justice is dispensed equitably. Attorney's cannot be allowed to use any means necessary to get a client off! Using that logic would lead to the prosecution being allowed to manipulate facts or evidence to their advantage and thus deny a fair trial to the accused! But then it is a fact that both sides have and continue to play games with the lives of people. DA's want to be Attorney General's and cops want promotion. And defense attorneys want a winning record: Truth on Both Sides be damned!
not only that, but she seemed unprepared. the judges had to stop her and correct her multiple times. it was obvious to me, a non-US citizen, whose 1st language isn't even English, and I am not a lawyer
They will push you to make a plea deal. Should apply here.
In all honesty, lawyers argue lots of positions they do not believe in,,similar to your boss telling you to do something contrary to your teaching but you do it anyhow...
Its disgusting hearing this woman lawyer speak.
A lawyer is required to zealously represent her client. Her feelings are not involved. If you were in court, you would want to be zealously represented no matter what your lawyer thinks of you.
well said @@toadhall5041
Her job is to defend the indefensible, no matter what. It’s her job, even if she’s not that great at it. She has to represent her clients as best she can.
She's licking more than boots bruh.
Most judges would buy that lame argument.
Not these ones.
Anyone skipping down the road backwards is obviously carrying a weapon?
Did i hear that right?
Assuming all skippers have weapons, the Fuzz still can't kill them for no reason: th-cam.com/video/BwhYKNiaGJg/w-d-xo.htmlsi=WyL7s_XGO56ng5aN
The only way to keep this from happening again is to outlaw pockets on clothes.
Yeah right
She needs to locked up too. What ifs are not law
They want to defend the undefendable, he was shot because he removed his hands out of his pockets after the officer told him to do so and their defense was that Qualified immunity allows for mistakes?. The wanton disregard for human life by these traitors in blue is disgusting, his action was unreasonable and the only one who paid the consequences was the victim and this officer is not the victim.
Ah yes the old hand in pockets, acting weird defense.
Abolish Qualified Immunity in its entirety.
Skipping backwards is scary. Got it.
I didn't have any idea if you're skipping down the street is an arrestable offense.
looked like a heavy object was in a pocket? A coke can? a wallet?
Fear of every human by weak pubic servants who do not take protective cover is ridiculous, dangerous and deadly.
Backing away from armed cops is now "weird".
“It allows for reasonable mistakes”. You killed him!!!! REASONABLE?
Lawyer argues: 'As a matter of law if we accept cop facts - hands in pocket and walking in street - its reason to pew pew any human being'. Despicable DA's who ignore gov criminality prove why they're despised even worse than bad cops.
'Legal scholars and advocacy groups have repeatedly petitioned the Supreme Court to abolish or reform qualified-immunity doctrine created out of thin air in 1967, “qualified immunity smacks of unqualified impunity, letting public officials duck consequences for bad behavior-no matter how palpably unreasonable-so long as they were the first to behave badly.” Justice Sonia Sotomayor criticized qualified immunity for “sanctioning a ‘shoot first, think later’ approach to policing.” Supreme Court of United States decided back in 1980 that, "Officers of the court [police] have no immunity, when violating a Constitutional right, from liability. For they are deemed to know the law!” (US Supreme Court, Owen v. Independence, 100 S.C.T. 1398, 445 US 622.) In fact the Court clarified, "The knowledge that a municipality will be liable for all of its injurious conduct…should create an incentive for officials who may harbor doubts about the lawfulness of their intended actions to err on the side of protecting citizens."
The victim had NOT COMMITTED ANY CRIMES
But he had a history. 😮
And tax dollars are paying for all these proceedings. Everything except for the plaintiff's attorney.
When the Plaintiff’s win the taxpayers are paying their attorneys too!!! and the payouts are huge! I’ve see them regularly at $500k+ .. attorneys fees are awarded under 42 USC 1988.
Most of the money comes from insurance companies, doesn't it?
Corrupt and abusive cops are allowed to thrive because the whole thing is a game of insurance fraud.
I don't think I would like to have that lady for a lawyer
This is a plain case of murder imo
I don't understand how an attorney can make materially false and misleading factual statements and the Court points out that the video clearly contradicts the attorney's statements, then they just continue on as if it didn’t happen-without the slightest admonition.
Because that’s how the courts operate. It’s a joke. Check out my community tab about the cry baby Nevada Attorney General Aaron Ford’s Motion to Strike my notice of professional misconduct complaint.
Shot for compliance, for officer safety.
Let me get this straight. Even if it is ruled that this murderer lost his qualified immunity, "his employer" pays the settlement. That is, The People pay the settlement based on a decision made by someone who is not elected and is not accountable in any way through the so-called justice system. Why do we even bother with costly court proceedings like this? It appears that ending the unconstitutional doctrine of qualified immunity won't even matter. These thugs simply cannot be held accountable via any means except those provided in the 2nd Amendment.
This case is vs the city of Tustin. After qualified immunity is dismissed, only then can a civil suit against the officer(s) be filed.
@@DisposableEgo I get that, but the judge asked the murderer's mouthpiece "who pays the civil judgement?" when QI is revoked, and the answer given is that all compensatory damages are paid by the department and that the department can (and does) pay punitive damages. What's the point of debating QI in court at taxpayers' expense when the public ends up paying damages regardless? This just becomes another scam to give the illusion that there is equal justice.
Just a dog and pony show to justify your oppression.
We pay for these expensive court proceedings too. The judge, the prosecutor, the cops, the buildings, the settlements; We pay for it all. Sure feels like I'm getting my money's worth...
@@controlleddemolition9112 it's because of the union CBA. It has an indemnity clause. I've been trying to tell people about this issue for several years now and no one ever listens. You'll never make the cop personally liable for damages as long as our governments are signing CBAs with indemnity clauses.
@@CubeInspector You're right, and it's beyond apparent that prosecutors and judges protect them from appropriate criminal penalties. Until The People dispense some 2nd Amendment justice., these oath-violating thugs will remain virtually untouchable.
Forgive my ignorance, but isn't there some sort of rule (law) that says police (or anyone for that matter) have to tell the truth to the court? It's obvious the cop lied if his deposition doesn't match the camera footage...
Acting erratically is a capital offense???????
I love how the judge called that attorney out based on the dudes camera 😂
🤣🎥👮♂️👨⚖️📸♾️
"he had to make a split second decision"... "one officer fired towards the suspect ".. "the other would have had to fire towards civilians but chose not to" .... . so they had time to decide, and he decided to end the suspect..
This is not a normal country. Unbelievable. And this female lawyer trying to justify murder!
It's amazing how judges think human life is worthless by the little amount of settlements
WE ARE SERFS IN THEIR MINDS.
I believe it's the jury that decides the amount of the settlement.
@@rakrulAs long it is not one of their fsmiky members.
If they lnew that these atrocious amounts would result in their or their families murders they would make much more reasonable decisions. Presently they have no incentive to be fair and absolutely no consequences for their actions.
@@rakrulit’s the people bringing the lawsuit that decide to accept a settlement or not. If it goes to trial the jury would award what they think is owed and a judge can accept it, increase it, or reduce the amount. Some states have limits on awards that would cause a judge to reduce the award
It's a settlement. The judge didn't come up with that number.
Sp "acting strangely " is a death sentence
11:30 interesting that being a suspect opens you up to execution by cop.
Skipping backwards is dangerous and suspicious enough to deem a person armed
He had to make a decision based solely on what he knew at the time... which did not include any indication of a threat to themselves or others.
From 3:33 to 3:45 is exactly what this case is about and why they lost their qualified immunity
Former US Army, served in the 1991 Gulf War. If we "made a mistake" which resulted in a civilian being murdered like this, our asses would be fragged with a dishonorable discharge and likely prison time. The military does not believe in qualified immunity, the military believes in accountability in the form of the Uniform Code of Military Justice (UCMJ). The UCMJ basically means "Fock around and find out!" Cops don't have a code of conduct, nor rules of decorum to follow. And evil deeds like this is the result of having zero accountability. How many more citizens are going to be murdered and the tax payers pay the price before we make changes?
Thank you!!!!
Hundreds of thousands.
You're right and thanks for your service.
Judges. This is all caused by the misuse of the Terry stop ruling, Mimms ruling, this officer safety over public safety and training issues. Not to mention qualified immunity which has literally caused the public to be at risk.
Exactly 💯% right.
If you did this in the millatary in some shit hole country you would be in prison. So why do we let it happen hear
Very nice way for judge to say that the officer was lying.
When this judge started telling the lawyer what he saw on the video, you can tell she’s thinking, “yes, but you’re not supposed to say anything about that”
Since when is it a crime to have your hand in your pocket?!? Wtf?? And then you take it out like your told to and they kill you!! That’s insane. This man was murdered period.
Officer safety comes from Terry V Ohio. 😊
I don't know how she sleeps at night. The dude follows orders and is murdered for it. Absolutely unacceptable 😡
I agree that everyone is entitled to an attorney and a defense, but not a fabricated defense and to sit there and lie like that in court should be punishable by law in the same way that anyone else committing perjury in court would be punished
1 minute in and she's already lying. I can't stand lawyers.
Land of the free and home of the brave ??
Thanks to copsuckers.
"It is the unspoken truth of humanity that you crave subjugation. The bright lure of freedom diminishes your life's joy in a mad scramble for power. For identity. You were made to be ruled. In the end, you will always kneel."
I think "The Avengers" plagiarized a concept from the government's view.
We've lost the land of the free,🎉🎉🎉🎉🎉🎉brave?????, surely not,all cops
Having your hands in your pockets and "skipping backwards" gets you killed when they scream at you to get your hands out of your pockets ...
Police shouldn't be aloud to break the law and violate rights. If they did their jobs in accordance with the law they wouldn't have to worry about getting shot.
Qualified Immunity is there to protect officers from making mistakes? Really though?
With her argument you could never ever have your hand in your pockets around any officer cuz if they are paranoid and they are all pretty much trained to be paranoid in the US, they can always argue they were scared for their life cuz they can't see everyone's hand.
This happened back in 2011!!! Just deferred is justice denied!!!
Abolish qualified immunity!
And Terry V Ohio.
Are cops getting worse? should the country do away with qualified immunity
If that cop was that scared, he has no business having a gun. Going into that situation that afraid was absolutely vain ignorance.
They're all that scared and getting worse because they know people are getting tired of their bullcrap.
Cop had in his hart and mind already that he was going to shoot the guy because of his weird behavior.
These cops murdered that man plain and simple
Wow, this “lawyer” pigsplains like a pro
11:50 "Am I afraid of this encounter or do I believe this going to be a perfectly safe encouter?"
Exactly
They're cowards and will try to use officer safety for any excuse to shoot.
Qualified Immunity is not nor has not ever been argued to allow an officer to make a mistake. Qualified Immunity was originally intended to protect officers from making honest mistakes. Obviously it's been taken too far, but for her to say as a lawyer that that IS the purpose of it is absurd.