Cyclist punched in face by cop after riding through red light (caught on film)
04-27-13, 10:51 AM
#176
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I just realized there are 2 different topics here. I'm referencing the guy punched by the LEO. Haven't even read the stuff about the car driver cyclist punch thing. Anyway, yes, you have to prove pain and suffering, but a jury seeing a guy in police custody getting punched (even if there is a question about in custody) is likely to award more damages than can be proved with receipts. Pain and suffering isn't about indemnification, its about placing financial value on emotion. Convince the jury you were defenseless and got punched by a deep pocket, and the award will be large.
First of all, you *have to* have medical bills. You have to prove damages, and the absence of medical bills is pretty good evidence that there were no damages. Second, pain and suffering is usually calculated as a multiple of medical bills, with three times medicals being generally considered at the upper end of proper awards. (I.e., in the McDonald's "hot coffee" case, the damages were reduced to $600,000, which was just over three times the medical expenses award of $180,000+.)
Finally, this *isn't* a case of a guy in custody getting punched by police. (Nor is it the case of someone "mouthing off" to police and getting punched.) It is a case of a guy resisting arrest (clearly, if slightly) and a cop overreacting (again, slightly).
Juries are *not* sympathetic to people who resist police, at all. It's hard for me to come up with anyone they are less sympathetic to...maybe people who lie on the stand. Here's a link to a 2010 San Diego case in which a jury found police used excessive force against a person when they threw him to the ground while he was handcuffed...and awarded him $1. https://cdn.ca9.uscourts.gov/datastor...7/08-56024.pdf
Plus attorney fees.
04-27-13, 12:14 PM
#177
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and the guy seems to be really tough, let him in LAPD out to fight street gangs instead of fighting biker's infractions.
btw isn't there any law in Canada that you need to wear uniform as a police officer?
Are these undercover officers? Are undercovers allowed to take over public-trafiic stuff?
It's really messed up.
btw isn't there any law in Canada that you need to wear uniform as a police officer?
Are these undercover officers? Are undercovers allowed to take over public-trafiic stuff?
It's really messed up.
04-28-13, 02:58 PM
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In my state (but not in all states), police aren't allowed to make traffic stops unless they are in uniform. This came about in my state about 20 years ago, when some non-cops would put red lights on their cars and pretend to be police and pull over women...which started to make people (especially women driving alone) afraid to stop when they saw any flashing lights because they didn't know if it was a real police officer or not.
04-28-13, 09:26 PM
#179
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The person in the video at the beginning of this thread pulled his arm away while being hand cuffed. The punch he recieved was the start of taking him down physically to the ground to hand cuff him. He knew they were police, and did not comply.
04-28-13, 09:36 PM
#180
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I offer this personal account: I was once stopped - while riding my bike! - at the age of 20 by a female officer. I pulled over and got off my bike. She ID'd herself (not hard for me to figure out as she was in a marked unit) and asked me what I was doing and had I been in the vicinity of a convenience store just .5 miles away. I told her I had been. She informed me I somewhat matched the description of someone who'd stolen a twelve-pack of beer and run out of the store; did I mind going back to the store with her so the clerk could have a look at me?
Did I go ape and complain about my rights, and how all cops are a-holes and I was being unfairly targeted? No, I did not. I had nothing to hide, as I'd not shoplifted a twelve of Bud - so I complied. My only question was what to do with the bike, since IOT transport me to the store, the officer was obliged to cuff me and load me into the back of the cruiser. At her request I removed the front wheel, we put it and the rest of the bike into her trunk, she cuffed me and put me into the car.
Needless to say, the clerk did not finger me when we rolled up, so the officer uncuffed me and I was free to go. Did I feel my rights were violated? Of course not - ...
Did I go ape and complain about my rights, and how all cops are a-holes and I was being unfairly targeted? No, I did not. I had nothing to hide, as I'd not shoplifted a twelve of Bud - so I complied. My only question was what to do with the bike, since IOT transport me to the store, the officer was obliged to cuff me and load me into the back of the cruiser. At her request I removed the front wheel, we put it and the rest of the bike into her trunk, she cuffed me and put me into the car.
Needless to say, the clerk did not finger me when we rolled up, so the officer uncuffed me and I was free to go. Did I feel my rights were violated? Of course not - ...
04-28-13, 10:17 PM
#181
Cycle Year Round
He was innocent of the robbery they were looking for the suspects for. The article says whatever the kid did is not being revealed at this time, but that not just the officer that fired, but two other officers there drew their weapons. People are not listening when the police tell them to do something. Cell phones are big now, the size of small caliber pistols, when an officer tells someone to drop what they are holding, it should be dropped. You don't reach into your waistband or pocket after that, or you might get shot.
The person in the video at the beginning of this thread pulled his arm away while being hand cuffed. The punch he recieved was the start of taking him down physically to the ground to hand cuff him. He knew they were police, and did not comply.
The person in the video at the beginning of this thread pulled his arm away while being hand cuffed. The punch he recieved was the start of taking him down physically to the ground to hand cuff him. He knew they were police, and did not comply.
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04-29-13, 03:48 AM
#182
Senior Member
“When a person, being without fault, is in a place where he has a right to be, is violently assaulted, he may, without retreating, repel by force, and if, in the reasonable exercise of his right of self defense, his assailant is killed, he is justified.” Runyan v. State, 57 Ind. 80; Miller v. State, 74 Ind.
04-29-13, 04:01 AM
#183
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INDIANA for those cases. But also case law from the US Supreme Court in other cases.
https://en.wikipedia.org/wiki/Self-de...United_States)
Sadly, Hawaii has had a hard time figuring that out.
https://en.wikipedia.org/wiki/Self-de...United_States)
Sadly, Hawaii has had a hard time figuring that out.
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05-02-13, 03:45 AM
#184
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Obviously there's more than one way to erode one's personal rights
DD
05-02-13, 07:24 AM
#185
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You'll exercise your rights by questioning the authority of the PO to stop you and request that you comply with his directives, but won't exercise your rights by keeping a fellow citizen out of your personal effects? That's pretty selective reasoning right there; I might add it's pretty back-asswards reasoning, too.
Obviously there's more than one way to erode one's personal rights
DD
Obviously there's more than one way to erode one's personal rights
DD
05-02-13, 08:27 AM
#186
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^ You had what you wanted - cool; didn't want to escalate - even better. So why didn't you simply ride away? That would be just one alternative - I, for one, never made the suggestion you go to physical assault, but merely wondered why you had one standard with an irate citizen and another for an officer of the law.
You're assuming the cop in question was a thug and you have no idea what kind of escalation took place that put the "thug" officer into the situation that he felt warranted his response. Try not to assume you know what the PO was experiencing prior to the camera rolling.
The one thing that's irked me most with the anti-cop comments on this thread is the assumption that a great number of POs just want to pull someone up, give them grief and then look for an excuse to use physical force.
Complying with a cop's orders, whether you think they're wrong or not, is the right thing to do, period. Unless the PO is a complete rogue, the chances are outstanding that if you cooperate you'll go home that night - uninjured to boot. I would think you could understand the logic of this, particularly if you were weighing the situation with an ordinary citizen. Where's the logic in not doing the same in a situation with a cop?
Like it or not, innocent or not, when a PO detains you you're expected to comply; respect that authority and nothing's gonna happen if you're clean. Act all stupid, don't follow directions and resist? Well, doh - no three guesses are necessary for most people: you're going down. I wonder why so many people seem to be almost compelled to argue with police? Do they really think it will get them anywhere but in hot water?
I know, I know: this is my opinion - but I'm sticking to it.
DD
You're assuming the cop in question was a thug and you have no idea what kind of escalation took place that put the "thug" officer into the situation that he felt warranted his response. Try not to assume you know what the PO was experiencing prior to the camera rolling.
The one thing that's irked me most with the anti-cop comments on this thread is the assumption that a great number of POs just want to pull someone up, give them grief and then look for an excuse to use physical force.
Complying with a cop's orders, whether you think they're wrong or not, is the right thing to do, period. Unless the PO is a complete rogue, the chances are outstanding that if you cooperate you'll go home that night - uninjured to boot. I would think you could understand the logic of this, particularly if you were weighing the situation with an ordinary citizen. Where's the logic in not doing the same in a situation with a cop?
Like it or not, innocent or not, when a PO detains you you're expected to comply; respect that authority and nothing's gonna happen if you're clean. Act all stupid, don't follow directions and resist? Well, doh - no three guesses are necessary for most people: you're going down. I wonder why so many people seem to be almost compelled to argue with police? Do they really think it will get them anywhere but in hot water?
I know, I know: this is my opinion - but I'm sticking to it.
DD
05-02-13, 08:57 AM
#187
Banned
^ You had what you wanted - cool; didn't want to escalate - even better. So why didn't you simply ride away? That would be just one alternative - I, for one, never made the suggestion you go to physical assault, but merely wondered why you had one standard with an irate citizen and another for an officer of the law.
You're assuming the cop in question was a thug and you have no idea what kind of escalation took place that put the "thug" officer into the situation that he felt warranted his response. Try not to assume you know what the PO was experiencing prior to the camera rolling.
The one thing that's irked me most with the anti-cop comments on this thread is the assumption that a great number of POs just want to pull someone up, give them grief and then look for an excuse to use physical force.
Complying with a cop's orders, whether you think they're wrong or not, is the right thing to do, period. Unless the PO is a complete rogue, the chances are outstanding that if you cooperate you'll go home that night - uninjured to boot. I would think you could understand the logic of this, particularly if you were weighing the situation with an ordinary citizen. Where's the logic in not doing the same in a situation with a cop?
Like it or not, innocent or not, when a PO detains you you're expected to comply; respect that authority and nothing's gonna happen if you're clean. Act all stupid, don't follow directions and resist? Well, doh - no three guesses are necessary for most people: you're going down. I wonder why so many people seem to be almost compelled to argue with police? Do they really think it will get them anywhere but in hot water?
I know, I know: this is my opinion - but I'm sticking to it.
DD
You're assuming the cop in question was a thug and you have no idea what kind of escalation took place that put the "thug" officer into the situation that he felt warranted his response. Try not to assume you know what the PO was experiencing prior to the camera rolling.
The one thing that's irked me most with the anti-cop comments on this thread is the assumption that a great number of POs just want to pull someone up, give them grief and then look for an excuse to use physical force.
Complying with a cop's orders, whether you think they're wrong or not, is the right thing to do, period. Unless the PO is a complete rogue, the chances are outstanding that if you cooperate you'll go home that night - uninjured to boot. I would think you could understand the logic of this, particularly if you were weighing the situation with an ordinary citizen. Where's the logic in not doing the same in a situation with a cop?
Like it or not, innocent or not, when a PO detains you you're expected to comply; respect that authority and nothing's gonna happen if you're clean. Act all stupid, don't follow directions and resist? Well, doh - no three guesses are necessary for most people: you're going down. I wonder why so many people seem to be almost compelled to argue with police? Do they really think it will get them anywhere but in hot water?
I know, I know: this is my opinion - but I'm sticking to it.
DD
I wasn't riding away until I wrote down the motorist's license number, and with the motorist blocking my attempts to see their license plate, it took some time, with my getting it after the motorist resorted to the pannier incident.
LEOs that do not plan for or tolerate questions being made by the citizens being stopped, and are too quick to use physical violence to obtain their directives, do not belong on the force. That's my personal opinion and I'm sticking to it.
05-03-13, 01:38 AM
#188
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Cyclist apparently had not viewed Chris Rock's _How not to get your ass kicked by the police_
https://www.youtube.com/watch?v=QR465HoCWFQ
https://www.youtube.com/watch?v=QR465HoCWFQ
05-03-13, 04:43 AM
#189
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The article says whatever the kid did is not being revealed at this time, but that not just the officer that fired, but two other officers there drew their weapons. People are not listening when the police tell them to do something. Cell phones are big now, the size of small caliber pistols, when an officer tells someone to drop what they are holding, it should be dropped. You don't reach into your waistband or pocket after that, or you might get shot.
You didn't even bother to google anything to find out the kid's side of the story, you just made it all up. A lot easier that way to justify why a police officer would shoot an innocent kid in the face. I'd be willing to bet you wouldn't believe the person who got shot in the face anyways. You're hardly alone though.. most people always believe cops... if a cop says he was scared, he can shoot any innocent person he wants. And people will make up stories in their mind to justify it. They won't even bother to learn more information, they will just make up things that make them feel better.
Last edited by frantik; 05-03-13 at 04:54 AM.
06-12-13, 02:47 AM
#190
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This couldn't be more wrong.
Finally, this *isn't* a case of a guy in custody getting punched by police. (Nor is it the case of someone "mouthing off" to police and getting punched.) It is a case of a guy resisting arrest (clearly, if slightly) and a cop overreacting (again, slightly).
Juries are *not* sympathetic to people who resist police, at all. It's hard for me to come up with anyone they are less sympathetic to...maybe people who lie on the stand. Here's a link to a 2010 San Diego case in which a jury found police used excessive force against a person when they threw him to the ground while he was handcuffed...and awarded him $1. https://cdn.ca9.uscourts.gov/datastor...7/08-56024.pdf
Plus attorney fees.
Finally, this *isn't* a case of a guy in custody getting punched by police. (Nor is it the case of someone "mouthing off" to police and getting punched.) It is a case of a guy resisting arrest (clearly, if slightly) and a cop overreacting (again, slightly).
Juries are *not* sympathetic to people who resist police, at all. It's hard for me to come up with anyone they are less sympathetic to...maybe people who lie on the stand. Here's a link to a 2010 San Diego case in which a jury found police used excessive force against a person when they threw him to the ground while he was handcuffed...and awarded him $1. https://cdn.ca9.uscourts.gov/datastor...7/08-56024.pdf
Plus attorney fees.
Last edited by barnabyjames; 06-12-13 at 06:01 PM.
09-13-13, 05:24 PM
#191
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Just to update this...the cop in this incident is being charged with assault:
https://news.nationalpost.com/2013/09...during-arrest/
https://news.nationalpost.com/2013/09...during-arrest/
09-13-13, 08:46 PM
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Just to update this...the cop in this incident is being charged with assault:
https://news.nationalpost.com/2013/09...during-arrest/
https://news.nationalpost.com/2013/09...during-arrest/
09-13-13, 09:22 PM
#193
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Geezus, 6 months to bring charges against the thug LEO, it wouldn't have taken 6 hours if it was the other way around.......... better late than never I guess.
09-14-13, 01:30 AM
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Though the cyclist was in the wrong for riding through a red light, the cop had no figgin right to punch him! outrageous ad scary indeed... :/
09-14-13, 05:46 PM
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My thoughts exactly; aside from active and violent resistance, there IS no justification for that. And the bike rider showed nothing of the sort.
For a cop, ANY cop, to just cuff and arrest a citizen with no explanation, is (in the USA , at least) police criminality, a Constitutional rights violation.
For a cop, ANY cop, to just cuff and arrest a citizen with no explanation, is (in the USA , at least) police criminality, a Constitutional rights violation.
09-15-13, 05:35 PM
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jeese even in the liberal Vancouver you can get nailed for no reason in the face by a cop lol
this just shows you bicyclists are for the most part hated by the public at large. Vancouver is supposed to be a cycling mecca. I ride almost everyday 15 to 30 miles. I live in the Detroit area, only bothered once about 20 years ago by a cop for running a red light, but he just gave me a warning and seemed sincerely concerned I could get killed running red lights lol. I run them daily and dont get bothered.
But everyone hates us,,so be careful in everyway.
this just shows you bicyclists are for the most part hated by the public at large. Vancouver is supposed to be a cycling mecca. I ride almost everyday 15 to 30 miles. I live in the Detroit area, only bothered once about 20 years ago by a cop for running a red light, but he just gave me a warning and seemed sincerely concerned I could get killed running red lights lol. I run them daily and dont get bothered.
But everyone hates us,,so be careful in everyway.
09-15-13, 08:23 PM
#197
Senior Member
Well, he wasn't charged with a crime, so he's just innocent. It's interesting that you're already implying that this kid was guilty "of something". Of course a police officer wouldn't shoot an innocent kid in the face... he must have done SOMETHING! Hmm.. what story could we concoct to justify why a police officer shot an innocent kid in the face
Bravo, excellent story that you made up. You didn't even bother to google anything to find out the kid's side of the story, you just made it all up. A lot easier that way to justify why a police officer would shoot an innocent kid in the face. I'd be willing to bet you wouldn't believe the person who got shot in the face anyways. You're hardly alone though.. most people always believe cops... if a cop says he was scared, he can shoot any innocent person he wants. And people will make up stories in their mind to justify it. They won't even bother to learn more information, they will just make up things that make them feel better.
Bravo, excellent story that you made up.
You didn't even bother to google anything to find out the kid's side of the story, you just made it all up. A lot easier that way to justify why a police officer would shoot an innocent kid in the face. I'd be willing to bet you wouldn't believe the person who got shot in the face anyways. You're hardly alone though.. most people always believe cops... if a cop says he was scared, he can shoot any innocent person he wants. And people will make up stories in their mind to justify it. They won't even bother to learn more information, they will just make up things that make them feel better.
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