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Justice for Ashli Babbitt grinds along

CO. Hoosier

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Aug 29, 2001
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In an order that should surprise nobody, the District Court has ordered that the federal government must answer the complaint alleging Ashli Babbitt’s wrongful death.

In no way was her killing appropriate police conduct. That said I suspect the issue of exigent circumstances will be left to the jury. Babbitt family wants the case tried in San Diego, while the USA wants the case tried in government-friendly D.C. That issue is still unresolved.

 
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She had plenty of chances to turn around. As they tried to breach that door, more individuals could have been justifiably been shot. I support the split decision made that day. Too bad this woman made so many poor choices. The fact she is dear is her own doing.

Odd how you guys pick and choose when police force is justified.
 
She had plenty of chances to turn around. As they tried to breach that door, more individuals could have been justifiably been shot. I support the split decision made that day. Too bad this woman made so many poor choices. The fact she is dear is her own doing.

Odd how you guys pick and choose when police force is justified.
George Floyd deserved it for not obeying police orders. He had plenty of time to comply.

Good to know you agree.
 
In an order that should surprise nobody, the District Court has ordered that the federal government must answer the complaint alleging Ashli Babbitt’s wrongful death.

In no way was her killing appropriate police conduct. That said I suspect the issue of exigent circumstances will be left to the jury. Babbitt family wants the case tried in San Diego, while the USA wants the case tried in government-friendly D.C. That issue is still unresolved.

Aren't trials usually held where the event occurred? If I slipped and fell on your sidewalk, I can sue you on Bloomington and force all your witnesses to travel to Bloomington to testify?
 
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She had plenty of chances to turn around. As they tried to breach that door, more individuals could have been justifiably been shot. I support the split decision made that day. Too bad this woman made so many poor choices. The fact she is dear is her own doing.

Odd how you guys pick and choose when police force is justified.
Those are all fact issues though. This decision isn’t deciding those.
 
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I just mean generally case where law enforcement uses deadly force. It's rarely found to be unjustified in court.
The cops hafta win those cases on preliminary dispositive motions. If it gets set for jury trial, settlement usually turns on intangible factors having little to do with the actual conduct. Most people will say there is a 20% chance the best case will go south. When you talk death claims and fee shifting rules, settlement pressure is huge.

I took one excessive force case to jury trial. We won but you really never know what the jurors think of cops. In this case, the plaintiff was a real turd and my S.W.A.T team clients were great. The S,W.A.T team commander was one of the nicest guys you’d ever wanna know. We became good friends after that case.

We settled another very defendable excessive force/ death case because the plaintiff was the decedent’s 12-year-old daughter. There was no way I was going to let the jury hear how badly she missed her daddy.

In the Babbitt case, I think most all the intangibles favor the cop.
 
This crackpot police officer, Byrd I think, never should even been on the force that day. The dumbass literally left his loaded gun by the sink in a public bathroom for a whole day.
Why would anyone at the Capitol expect thugs to break in? As far as Byrd was concerned he went to work that day thinking he'd be performing the normal duty of providing overrsight protection for the 200+ yr old adminstrative procedure of certifying the EC vote...

Instead thanks to Trump a crowd of crazed maniacs carrying Confederate flags and yelling "hang Mike Pence" broke in to the Capitol and ****ed up everyone's day. Good luck on convincing a jury that Officer Byrd in fear for his own life wasn't justified in firing at a rabid tresspasser who ignored his warning to halt...
 
Why would anyone at the Capitol expect thugs to break in?
That should be the important part of their training.

As far as Byrd was concerned he went to work that day thinking he'd be performing the normal duty of providing overrsight protection for the 200+ yr old adminstrative procedure of certifying the EC vote...
If that is all there was to it, he wouldn’t have had that job. Cops aren’t trained to oversee nothing unusual.

Good luck on convincing a jury that Officer Byrd in fear for his own life wasn't justified in firing at a rabid tresspasser
Put that same fact pattern with a rampaging mob in a Target and Byrd committed murder. I think he wins this one because of TRUMP!
 
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George Floyd deserved it for not obeying police orders. He had plenty of time to comply.

Good to know you agree.
He was on the ground already constrained. He was not a threat and they weren't tasked to protect anyone from him.

You just love your apples and oranges comparisons
 
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That's a horrible thing to say. But not surprising coming from you. Or the likes it got.

But entirely true. What do you think the job is for a bodyguard? Letting a mob go after the person they were told to protect?

You would make a shitty bodyguard
 
He was on the ground already constrained. He was not a threat and they weren't tasked to protect anyone from him.

You just love your apples and oranges comparisons
He was only constrained when he refused to follow police orders. You claim she was shot when she didn't follow police orders.

Go back in your hole, Skippy. You waited that long to come up with that stupid piece of idiocy?
 
Put that same fact pattern with a rampaging mob in a Target and Byrd committed murder. I think he wins this one because of TRUMP!
I don't know about DC, but not in any jurisdiction with "stand your ground" laws. Our NRA people would have him on their shoulders celebrating his use of his rights. It should not be hard to portray a reasonable fear of a mob breaking down barricades and doors as presenting a reasonable threat.

Now how people in locations without that law view the shooting may be different.

I don't think Minnesota has stand your ground, a pawn store owner was never charged after shooting and killing a rioter there because the authorities never felt they could overcome self defense.
 
Floyd was a bad actor to be sure but he was restrained and no longer a threat. Haul his ass to jail.

Babbitt was a bad actor to be sure that was part of a violent mob that was actively attacking police officers and working to get to a building full of elected officials. A whole lot more of them could have been justifiably shot. Police showed amazing if not ignorant restraint.

Calling them similar is just political bias, nothing more.
 
Floyd was a bad actor to be sure but he was restrained and no longer a threat. Haul his ass to jail.

Babbitt was a bad actor to be sure that was part of a violent mob that was actively attacking police officers and working to get to a building full of elected officials. A whole lot more of them could have been justifiably shot. Police showed amazing if not ignorant restraint.

Calling them similar is just political bias, nothing more.
As I told goat, you could be right. The point is who gets to make that call? Do you object to Babbitt’s family’s claim being decided by a jury? Would you grant the officer immunity from this claim?
 
As I told goat, you could be right. The point is who gets to make that call? Do you object to Babbitt’s family’s claim being decided by a jury? Would you grant the officer immunity from this claim?
I would never grant an officer immunity, but the burden is high, especially in a bang bang (no pun intended) situation. Floyd was not.
 
In an order that should surprise nobody, the District Court has ordered that the federal government must answer the complaint alleging Ashli Babbitt’s wrongful death.

In no way was her killing appropriate police conduct. That said I suspect the issue of exigent circumstances will be left to the jury. Babbitt family wants the case tried in San Diego, while the USA wants the case tried in government-friendly D.C. That issue is still unresolved.


Hell of a hill you picked to die on. Babbitt was an idiot who deserved what occurred. Don't play stupid games if you don't want to win stupid prizes.
 
Huh? Are you saying Byrd should have been granted immunity?

I'm not legal enough to know what qualifies for immunity, but common sense would say Babbitt made a stupid decision and the family is trying to pin this on someone who didn't make a stupid decision, given the circumstances. If you are going to protest, there is always risk. If you are going to protest in one of the nation's most sacred places which always has a high police presence and shouldn't tolerate stupidity, then there is even more risk.

Babbitt was negligent. Not Byrd.
 
I'm not legal enough to know what qualifies for immunity, but common sense would say Babbitt made a stupid decision and the family is trying to pin this on someone who didn't make a stupid decision, given the circumstances. If you are going to protest, there is always risk. If you are going to protest in one of the nation's most sacred places which always has a high police presence and shouldn't tolerate stupidity, then there is even more risk.

Babbitt was negligent. Not Byrd.
That said, her family has every right to waste public resources in order to pursue this case.
 
She had plenty of chances to turn around. As they tried to breach that door, more individuals could have been justifiably been shot. I support the split decision made that day. Too bad this woman made so many poor choices. The fact she is dear is her own doing.

Odd how you guys pick and choose when police force is justified.

Simplistic view and not at all the same. But you never fail to show who you are.

Meh, I’m going to disagree with you here. I agree the circumstances and context of the situations are different, but perhaps a more simplistic view of things is necessary in this overly complex world.

As I’ve stated, Babbitt made a terrible choice and unfortunately faced the consequences. In the same vein, George Floyd and Michael Brown did the same. If you resist arrest and screw around with the police, you are taking undue risk with that choice.

If you are someone with a long history of violence, criminality, and mental illness, you are going to have a much higher chance of something bad happening to you, including things done by others (police).

Sometimes people want to spin it for more than it is. This does not necessarily exonerate Chauvin, Byrd, etc. in legal or societal views from their actions, but the “victims” put themselves in harms way from what I know.

Fvck Around, Find Out is a simple way to explain bad decision making. Maybe I’m just a simpleton or ignoromus, but at least I’m trying to be consistent. There are so many more worthwhile people and causes to care about, such as kids that were wronged (cancer, abuse, etc.).
 
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