Henderson NV police commandeer home, get sued

[ryoder 1,404]

http://www.courthousenews.com/2013/07/03/59061.htm

Seems only fair that the settlement should include turning over the real estate of the police station to the plaintiffs.

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[quade 3]

Haven't read article you linked but . . .

Quote

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

quade -
The World's Most Boring Skydiver

[skypuppy 1]

what seems fair is they each get a million dollars and the cops go to jail for abuse and assault.

If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

[skinnay 0]

I can't imagine what kind of piece of shit wouldn't help their neighbor in a domestic violence situation. I hardly think they deserve a million dollars..

[ryoder 1,404]

skinnay

I can't imagine what kind of piece of shit wouldn't help their neighbor in a domestic violence situation. I hardly think they deserve a million dollars..

So you have no problem with an illegal home invasion, unwarranted search, assault & battery, kidnapping, and filing false charges against innocent citizens?

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[skinnay 0]

ryoder

***I can't imagine what kind of piece of shit wouldn't help their neighbor in a domestic violence situation. I hardly think they deserve a million dollars..

So you have no problem with an illegal home invasion, unwarranted search, assault & battery, kidnapping, and filing false charges against innocent citizens?

I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

[jakee 1,265]

skinnay

I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

Yeah, they're called normal people. I am not joking.

As for the police - they shot the dude's dog. If true, fuck 'em six ways from sunday.

Do you want to have an ideagasm?

[skypuppy 1]

jakee

***I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

Yeah, they're called normal people. I am not joking.

As for the police - they shot the dude's dog. If true, fuck 'em six ways from sunday.

Wrong story. No dogs in this one.

If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

[wolfriverjoe 1,364]

skypuppy

******I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

Yeah, they're called normal people. I am not joking.

As for the police - they shot the dude's dog. If true, fuck 'em six ways from sunday.

Wrong story. No dogs in this one.

Nope, shot the dog with pepperballs, then left it outside in 100 degree plus heat without water.

"There are NO situations which do not call for a French Maid outfit." Lucky McSwervy

"~ya don't GET old by being weak & stupid!" - Airtwardo

[lawrocket 3]

It's like police believe the 4th Amendment to be a relic. It's what happens when the "living, breathing Constitution" idea is used by the government.

It's a search and seizure on private property without any suspicion of a crime.

My wife is hotter than your wife.

[Kennedy 0]

It's a fourth amendment case through and through. It (allegedly) involves illegal entry into a home, excessive force, arrest without probable cause or warrant. Since they're locals and not Feds, it needs the fourteenth thrown in, but this is 4A all the way. The third amendment claim sounds idiotic on its face. This incodent doesn't involve soldiers or quartering.

ETA: from the end of the article
"The Mitchells seek punitive damages for violations of the third, fourth and 14th Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress."

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[Kennedy 0]

skinnay

******I can't imagine what kind of piece of shit wouldn't help their neighbor in a domestic violence situation. I hardly think they deserve a million dollars..

So you have no problem with an illegal home invasion, unwarranted search, assault & battery, kidnapping, and filing false charges against innocent citizens?

I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

The police are already present. If there is any cause for search or arrest in the DV case, then they should do their job. If there isn't, it's not the neighbor's duty to cater to every tacticool super-cop whim. If officers showed up at your house and asked then ordered you out so they could watch your neighbor, would you do as you were told with no comments or attempts at legal recourse? I wouldn't. I would do a better job or recording what happened, however.

Having said that, I've only seen one side of the story, and not a very complete one. It's entirely possible that the complaint is 100% pure grade-A bullshit.

ETA:
I just thought of a situation that may complicate the situation for anyone who's already decided based on one article reporting only one side. What if the "domestic violence investigation" was an ongoing hostage situation or barricaded subject? At a house whose property shared a common border with plaintiff Mitchell?

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[ryoder 1,404]

Near the end of the article it mentions charges dismissed with prejudice.
That causes me to think the cops have already had a what-the-hell-were-you-thinking speech from the prosecutor.

"There are only three things of value: younger women, faster airplanes, and bigger crocodiles" - Arthur Jones.

[Kennedy 0]

In many jurisdictions, "dismissed with prejudice" simply means dismissed and can't be refiled, while "dismissed without prejudice" means charges are dismissed but can be brought again without invoking double jeopardy.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[turtlespeed 212]

Kennedy

It's a fourth amendment case through and through. It (allegedly) involves illegal entry into a home, excessive force, arrest without probable cause or warrant. Since they're locals and not Feds, it needs the fourteenth thrown in, but this is 4A all the way. The third amendment claim sounds idiotic on its face. This incodent doesn't involve soldiers or quartering.

ETA: from the end of the article
"The Mitchells seek punitive damages for violations of the third, fourth and 14th Amendments, assault and battery, conspiracy, defamation, abuse of process, malicious prosecution, negligence and emotional distress."

A competent Lawyer could probably argue Kidnapping, Conspiracy to Commit Kidnapping, Animal Abuse, Destruction of Private property, . . .? Or am I way off on this?

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[Kennedy 0]

Maybe. I highly doubt it. I just don't know the whole story. Ask a lawyer. Anybody can sue anybody else and claim anything they want. That's all we have here: reports of a lawsuit. No claims of validity or confirmation.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[jakee 1,265]

skypuppy

******I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

Yeah, they're called normal people. I am not joking.

As for the police - they shot the dude's dog. If true, fuck 'em six ways from sunday.

Wrong story. No dogs in this one.

Try reading it, I've heard that helps.

Do you want to have an ideagasm?

[skypuppy 1]

jakee

*********I didn't read the whole thing, and of course I have a problem with those things.. but there's a certain kind of person that wouldn't help their neighbor in that situation.

Yeah, they're called normal people. I am not joking.

As for the police - they shot the dude's dog. If true, fuck 'em six ways from sunday.

Wrong story. No dogs in this one.

Try reading it, I've heard that helps.

actually I had read it. On the other hand since they were using peppershots and he didn't die like the one in california, and that was the first part of the story, I had forgotten about the dog. But thanks for pointing that out. Nice of you.

If some old guy can do it then obviously it can't be very extreme. Otherwise he'd already be dead.
Bruce McConkey 'I thought we were gonna die, and I couldn't think of anyone

[jakee 1,265]

Quote

actually I had read it.

In that case, try remembering it

Quote

But thanks for pointing that out. Nice of you.

No problem, I'm here to help. As I'm sure you were trying to.

But back to my point; hurting someone's dog could almost be the one exception to my 'no capital punishment' rule.

Do you want to have an ideagasm?

[Andy9o8 0]

Why do you hate Asian cuisine? What did they ever do to you?

[jakee 1,265]

Andy9o8

Why do you hate Asian cuisine? What did they ever do to you?

Fed it to me

Joking aside, not dog, but at uni I spent a while in a house with (among others) two chinese students, who sometimes made multi course traditional meals for their friends and... it was absolutely disgusting! Tasteless, rubbery boiled meat that's more fat than protein, conflicting seasoning, mushrooms you could have used as squash balls. I don't know if it's region specific or what (I ran across something incredibly similar from some Korean travellers in a communal kitchen in Switzerland), but imagine everything that's good about a really nice Chinese restaurant, and then totally reverse it.

Anyway, back on topic, fucking Asians! Whoever thought they should be allowed to marry!? (Is that what we were talking about?)

Do you want to have an ideagasm?

[Southern_Man 0]

Wow, if the facts alleged in that complaint are even close to true, wow.

"What if there were no hypothetical questions?"

[Andy9o8 0]

Quote

The third amendment claim sounds idiotic on its face.

You might think so, but at the end of the day you never know what might win the case. Sometimes it's the more creative claims or defenses that surprise everyone and win a case.

It's also matter of due diligence and avoidance of malpractice that you have to include every potentially viable claim, even ones that might seem to be longer-shots. Let the judge dismiss a theory if need be; but the lawyer cannot afford to omit it or he risks getting sued for malpractice if his client loses the case.

[Kennedy 0]

Southern_Man

Wow, if the facts alleged in that complaint are even close to true, wow.

And if the allegations are completely false and malicious fabrications, there are no consequences for the plaintiffs. Folks need to keep an open mind until some solid facts come out or investigating happens. Until then it is unsubstantiated and out if context.

witty subliminal message
Guard your honor, let your reputation fall where it will, and outlast the bastards.
1*

[jakee 1,265]

Southern_Man

Wow, if the facts alleged in that complaint are even close to true, wow.

It's all true. The food was terrible.

Do you want to have an ideagasm?