Discussion: Cleveland: 12-Year-Old Boy Shot By Cop Died Because Of His Own Actions

Discussion for article #233836

ALL i can say is BULL F’N SHIT…

Wow…just…wow!
The hope is that they fire the two cops and those who come up with this crap of an excuse. Then get those two idiots in uniform in front a jury of their peers.

Wasn’t there someone in charge who could just order their attorneys to do the obvious and settle? I can’t even guess at what they’re thinking about.

Don’t read too much into the affirmative defenses. That’s typically a section of the answer to a complaint that contains everything you can think of, including the kitchen sink, because if you don’t assert them, you waive them.

Granted, it’s a distasteful (at best) defense in this situation, but the attorney would be committing all kinds of malpractice by not asserting it and preserving it.

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And not just the attorneys for the City, but the attorneys for any private insurer or underwriter. The last two have standards, written into their policies, requiring the party insured, such as here the City, to follow a comprehensive form of pleadings that derives from decades of cases not just those insurers but all others that share information - and they share like crazy on defenses, because it’s in all their interests to, even to the point of entering into large overriding agreements that require any insurer that’s a party to the agreement to follow the standard. And,like with how bureaucracy protects individual government employees from responsibility for particular decisions when the form or template had been followed, the City and even its direct insurers and underwriters that sign into such override agreement are protected from individual responsibility for adhering to the terms of the override.

Well…let’s go to the tape…

It’s his own fault; he should have dodged bullets better.

I think we expected this. The kid was summarily shot by a Cop that didn’t wait 2 seconds to see what was going on. They then left him to bleed to death while they chatted 20 feet away. When his sister showed up to help her brother they beat her up and cuffed her. Cops should not have the power to recklessly endanger the public.

They have no chance in this one. The kid was murdered. I hope the goody two shoes that called the Cops suffers with this for the rest of his or her life.

It’s true, but that “Qualified immunity” defense is nothing more than the “Cops are too stupid to know when they’re violating someone’s constitutional rights, so they should get a pass” defense and is one of the more egregious creations of the federal judiciary since Plessy v. Ferguson, in my opinion.

Well, he did die because of his own actions but that doesn’t mean that the killing was righteous by any stretch.
The kid was black, had a toy gun that many millions of children and adults have, I have about 6 I think in some form, and he actually moved a bit, so shoot to kill. The threshold for the supposed right to kill is pretty damn low.

If this was the standard when I was a kid, I wouldn’t be here today. We played with our BB guns in a field right next to the freeway for years and the cops, undercover and all, showed up with guns out several times. All they did was make me walk home barefoot through a field of goathead stickers.