Deputy sues lady that called 911

[vontar]

Deputy sues lady that called 911.  It seems she did not warn them how dangerous some one on bath salts was.

 

http://www.policeone.com/communications/articles/6389551-Texas-cop-sues-911-caller-for-failing-to-warn-police/

 

http://www.chron.com/news/houston-texas/houston/article/Harris-deputy-sues-resident-who-called-911-for-4736324.php

 

 

Guess he showed up to soon to just write a report.

[frankmako]

bath salts makes people "nuts" and hard to deal with. 

[DaveTN]

Frivolous lawsuits are made against the Police every day; this goes the other way. One of the family members was saying the shooting did not go down the way the cops said, and said they murdered his family member. This may just be a preemptive legal strike?

[QuietDan]

Let both side make their best case and let the justice system work this out in Court. We don't even know what all the facts are in the case; all the facts come out in a court trial.

[Raoul]

Let both side make their best case and let the justice system work this out in Court. We don't even know what all the facts are in the case; all the facts come out in a court trial.

 

You mean like in Florida? :whistle:

[TMF]

According to the story this guy was a father of three children, so the fact he was so high and violent that she evacauted the house of the kids and called 911 is irrelevant.  Clearly the cops were just in one of those moods where they just wanna shoot an innocent person and coincidently came upon a man who had injested hallucinogenic drugs which make you prone to violence.

 

This cop is awesome.  I hope he takes the family to the cleaners, as it appears the family was accusing him of murder and no doubt were going to sue him or the department.

[midtennchip]

Not only that, an LEO might even sue you for calling 911!!!

 

http://abclocal.go.com/ktrk/story?section=news/local&id=9207650

 

Katy, TX sheriff's deputy claims a 911 caller was negligent in failing to properly inform 911 of the risk he was being put in by responding to the call.  Now, before the litany of lawyer bashing, keep in mind there is a deputy sheriff who went looking for a lawyer to file this case.

 

BTW, this case probably has no chance of even being filed if this were to occur in Tennessee.  Our law changed in July of last year to make frivolous lawsuits much more difficult to file (at least without having to pay the other side's costs for defending it).

Edited August 16, 2013 by midtennchip

[Guest 6.8 AR]

Yeh, I was curious about how the 911 caller could have been negligent. And especially since there is no duty to protect

any more, how this deputy could be filing such trash.

 

I also don't see any reason for any kind of bashing, lawyers or cops, but I do wonder why this deputy decided to make

himself like a victim? I guess times have really changed, eh?

[Guest ThePunisher]

We're living in the victim times society where everyone is a victim thanks to the Libtards and Obama. More people are lining up in the victim lines everyday.

[JAB]

What a bunch of BS.  So I guess that, from now on, if someone calls 911 because there is an armed intruder in their home they need to take a minute to caution the perspective responding officers that armed intruders can be dangerous or run the risk of getting sued by officers, part of whose job it is to respond to situations involving dangerous individuals?

 

For the record, it is also BS that the family would try and sue the officers.

[diablo982]

Now, before the litany of lawyer bashing, keep in mind there is a deputy sheriff who went looking for a lawyer to file this case.

Yes, lets keep this thread on track and stick to the LEO bashing instead. :)

[JAB]

Yes, lets keep this thread on track and stick to the LEO bashing instead. :)

 

Yeah, 'cause if an individual does something that makes him look like a jackhole then it is okay to call him a jackhole - unless the jackhole happens to wear a uniform and carry a badge.  Then calling the jackhole a jackhole is 'LEO bashing.'

[QuietDan]

According to the story this guy was a father of three children, so the fact he was so high and violent that she evacauted the house of the kids and called 911 is irrelevant.  Clearly the cops were just in one of those moods where they just wanna shoot an innocent person and coincidently came upon a man who had injested hallucinogenic drugs which make you prone to violence.

 

This cop is awesome.  I hope he takes the family to the cleaners, as it appears the family was accusing him of murder and no doubt were going to sue him or the department.

 

The cop suing the family is a preemptive strike. Best wishes to him.

[diablo982]

Yeah, 'cause if an individual does something that makes him look like a jackhole then it is okay to call him a jackhole - unless the jackhole happens to wear a uniform and carry a badge.  Then calling the jackhole a jackhole is 'LEO bashing.'

I was jokingly referring to the original poster who happens to be a lawyer, deflecting attention from his profession (who actually filed the lawsuit) and making sure to redirect animosity to the deputy sheriff.

I don't have a problem with calling a jackhole a jackhole. I do have a problem with the usual suspects who pass absolute judgment without knowing all the facts. That's my description of "LEO bashing."

[NRA]

Yeah, 'cause if an individual does something that makes him look like a jackhole then it is okay to call him a jackhole - unless the jackhole happens to wear a uniform and carry a badge.  Then calling the jackhole a jackhole is 'LEO bashing.'

Here we go again :shrug:

[DaveTN]

Now, before the litany of lawyer bashing, keep in mind there is a deputy sheriff who went looking for a lawyer to file this case.

Did he? The Deputy killed a guy and at least one family member was saying the cops murdered him. I would have been contacting an attorney; wouldn’t you have? (If you weren’t one)

[Fallguy]

Did he? The Deputy killed a guy and at least one family member was saying the cops murdered him. I would have been contacting an attorney; wouldn’t you have? (If you weren’t one)

 

Contacting an attorney about any possible liability you may have is one thing, suing a citizen over you having to do your job is another.

[Fallguy]

Threads merged

[Garufa]

Cops don't get to sue people.  Period.  It's their job, right?

[DaveTN]

Contacting an attorney about any possible liability you may have is one thing, suing a citizen over you having to do your job is another.

My point was that he may have simply sought legal advice. Do you know how clearly you would be thinking if you were a cop that had just taken a life?

[TMF]

Cops don't get to sue people. Period. It's their job, right?

So if you work at a bank and are assaulted during an armed robbery, you have no right to sue the robbers? Getting robbed is part of the job, right?

I actually like this precedent for a number of reasons. I don't see why being a cop opens you up to liability from criminals yet being a criminal doesn't open you up to liability from the cops.

One more thing, we all have that guy in the family who is a scumbag. He may even be a fun guy to hang out with, and you love him as he is your brother/uncle/cousin/in-law, but he is still a scumbag for whatever reason. When my scumbag family member gets lumped up by the cops, my first reaction isn't to think that the cops did something wrong, because I know the scumbag's MO. Now, this woman who is being sued KNOWS this guy had been taking hallucinogenic drugs for DAYS. How dare she call the police to get this guy when she was in fear, then accuse them of using too much force and murdering him? It's possible to still love your dead family member, yet accept they were responsible for their own demise.

[Fallguy]

My point was that he may have simply sought legal advice. Do you know how clearly you would be thinking if you were a cop that had just taken a life?

That may be what he first did, but that's not all that happend.

I have no problem with anyone seeking legal advice.

[midtennchip]

Contacting a lawyer after being involved in a shooting is certainly a good idea. Hiring a person injury specialist to fire a lawsuit 8 months after he fact does not appear to be a "preemptive strike". The Complaint contains the Plaintiff's factual basis for filing he lawsuit and it claims the caller did not adequately inform him of the risk involved in responding. In essence, it claims that a 911 caller has to make some evaluation of the actual danger a situation poses to first responders. It is not claiming that the caller purposefully withheld information, just hat she didn't explain the situation better.

Second, this isn't LEO bashing. I look disfavorably on both this particular LEO and the lawyer who filed it. But lately, I continue to see some people on this board immediately blame the lawyers for these toes of lawsuits. I can tell you that 99.99% of lawyers would not file a suit like this. That was the only purpose for mentioning at all.

[midtennchip]

So if you work at a bank and are assaulted during an armed robbery, you have no right to sue the robbers? Getting robbed is part of the job, right?

I actually like this precedent for a number of reasons. I don't see why being a cop opens you up to liability from criminals yet being a criminal doesn't open you up to liability from the cops.

One more thing, we all have that guy in the family who is a scumbag. He may even be a fun guy to hang out with, and you love him as he is your brother/uncle/cousin/in-law, but he is still a scumbag for whatever reason. When my scumbag family member gets lumped up by the cops, my first reaction isn't to think that the cops did something wrong, because I know the scumbag's MO. Now, this woman who is being sued KNOWS this guy had been taking hallucinogenic drugs for DAYS. How dare she call the police to get this guy when she was in fear, then accuse them of using too much force and murdering him? It's possible to still love your dead family member, yet accept they were responsible for their own demise.

Suing the guy who did it, I agree. Suing someone else, not because she was involved in the actual assault but because she didn't adequately explain the risk, doesn't seem to fit the bill. I haven't seen anything where the family didn't accept what happened. After 8 months, they hadn't sued anybody. The quotes in all the news reports are statements in response to the deputy's lawsuit. Now, I would certainly expect the family to counter sue. If the deputy was trying to head off a lawsuit, filing his own is NOT the way to do it. It only invites them to counter sue (and do it without having to pay the filing fee). On top of that, if they have proper insurance coverage (they probably don't), they can even do it with the insurance paying for their lawyer. Edited August 17, 2013 by midtennchip

[TMF]

Suing the guy who did it, I agree. Suing someone else, not because she was involved in the actual assault but because she didn't adequately explain the risk, doesn't seem to fit the bill. I haven't seen anything where the family didn't accept what happened. After 8 months, they hadn't sued anybody. The quotes in all the news reports are statements in response to the deputy's lawsuit. Now, I would certainly expect the family to counter sue. If the deputy was trying to head off a lawsuit, filing his own is NOT the way to do it. It only invites them to counter sue (and do it without having to pay the filing fee). On top of that, if they have proper insurance coverage (they probably don't), they can even do it with the insurance paying for their lawyer.

Based on the quotes from the MIL, I've got a pretty good idea where they stand in regard to the shooting. We don't know about what this woman and her family has done in the interim regarding this department and this officer. For all we know there is a suit in the works and the cop got wind of it, so he decided to strike first.

As for the frivolity of the suit, yeah, it's a little abstract to say that she didnt properly inform dispatchers, but then again, is it? It's one thing to call the cops because there is a burglar in your home. There are inherent risks and assumptions the police make. This woman failed to inform that this guy was on hallucinogenic drugs. That is important information to know, and she knew it. Her actions were willful and led to the officer being attacked and nearly killed with his own weapon because the call was treated a certain way based on the misleading information from the caller.