deadly force and civil suits (Read 6816 times)

hvybarrels

deadly force and civil suits
« on: January 30, 2014, 07:19:59 PM »
This happened last week

http://khon2.com/2014/01/30/man-assaulted-in-salt-lake-restaurant-no-one-steps-in-to-help/

It raises the question. Of course we aren't allowed to carry concealed, but what if you see a fire extinguisher and smash the guy in the head and squish a few too many brain cells? Turns out he's mentally handicapped and his family is approached by a high powered attorney who sees some easy money. They sue you and win. I'm not going to risk having some gorilla coming after me just to be a hero. People die from punches and stabs and you never know what kind of goofballs he might be hopped up on at the moment. The only action I would take is one that leaves the attacker unconscious, and that's a coin toss if they are ever going to get up and have a normal life again.

Why would anybody have motivation to be a good Samaritan here? It doesn't make a lot of sense.

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Heavies

Re: deadly force and civil suits
« Reply #1 on: January 30, 2014, 08:37:42 PM »
People have been trained, now days, to not help out.  Call 911 that's it.  Anyone who tries to help would most likely be rewarded by being arrested and/or sued if successful at stopping the attack by force.  Sad state of society we live in.  Even folks on this site might castigate a good Samaritan.  Utterly disgusting. :(

Darmok and Jalad @Tanagra

Re: deadly force and civil suits
« Reply #2 on: January 30, 2014, 10:08:12 PM »
People have been trained, now days, to not help out.  Call 911 that's it.  Anyone who tries to help would most likely be rewarded by being arrested and/or sued if successful at stopping the attack by force.  Sad state of society we live in.  Even folks on this site might castigate a good Samaritan.  Utterly disgusting. :(

People have also been trained by our entertainment-news industry to act like Paparazzi.  People spend their time in concerts, school plays, ball games, and so forth recording everything so they can "share it" on social media, and perhaps offer it to the local news networks if anything interesting happens. 

Many believe recording a violent act IS "doing something".  They aren't just standing and looking... they are capturing the moment for others to see.  One thing to think about ... I've seen videos of attackers who, when they realized someone was recording the fight, stopped and walked away.  If capturing the attack for possible evidence can work as a deterrent or help bring the attacker to justice, maybe it really IS "doing something!"

We are obsessed with satisfying our voyeuristic urges, and we expect video of every newsworthy event --- or it "didn't happen."

 :geekdanc:
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

Scar16

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Re: deadly force and civil suits
« Reply #3 on: January 30, 2014, 10:30:42 PM »
And no one assisted!? That's the problem these days, a bunch of coward bystanders not willing to lend a hand but only move their finger to hit record and upload to youtube or Facebook.  We're F#%KED either way, dammed if you do or don't! 

Q

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« Reply #4 on: January 31, 2014, 02:42:14 AM »
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« Last Edit: December 12, 2016, 09:23:59 AM by Q »

bass monkey

Re: deadly force and civil suits
« Reply #5 on: January 31, 2014, 05:58:14 AM »
Psychologically, it has been shown that if there is a fair amount of people observing and no one does anything to try and stop the incident, it is somehow viewed as ok and no one will do anything. I forget what the term is called.
I'm not saying its right or anything

Funtimes

Re: deadly force and civil suits
« Reply #6 on: January 31, 2014, 06:40:50 AM »
And how fast did they crucify George Zimmerman for "stepping in" and "Doing someone else job."  That's not something most people can afford.

In this incident, I would have almost certainly gone to the vehicle to obtain OC (since my vehicle would have been outside).  Alternatively, one of those chairs in the back or another object (that guy looks pretty stout :P) would have been the second option.  I saw more pushing and holding than a violent assault.  My last option would have been the Emerson, but I don't think the situation was there yet.
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Darmok and Jalad @Tanagra

Re: deadly force and civil suits
« Reply #7 on: January 31, 2014, 09:54:24 AM »
Psychologically, it has been shown that if there is a fair amount of people observing and no one does anything to try and stop the incident, it is somehow viewed as ok and no one will do anything. I forget what the term is called.
I'm not saying its right or anything

Bystander effect.  Either no one acts because they assume someone else will, or they see someone else already intervening.  Example:  untrained person gives what he thinks is CPR to a man having chest pains.  Two people in the crowd trained in CPR do nothing, assuming the guy involved has it handled.  The person being given CPR dies, even though there were better trained onlookers who might have saved the guy.

This also carries over to government.  People are less likely to give time/money to charities when the government already collects taxes and is supposedly doing that work for everyone (like helping the homeless or hungry).  Since you feel the situation is being addressed, you don't make an effort of your own.

"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

Dblnaknak

Re: deadly force and civil suits
« Reply #8 on: January 31, 2014, 11:47:33 PM »
Believe it or not, clicking record actually does more than trying to restrain someone and getting stabbed in the process; especially when it has already been established that by intervening, you will probably be prosecuted just the same as the initial attacker.

That's the pussy way out. The guys getting beat and you're going to stand there with a camera and narrate. There is a difference between stopping an assault and beating the crap out of the suspect. It's the "beating the crap out of the suspect" after the crime has been averted that gets you sued.

Dblnaknak

Re: deadly force and civil suits
« Reply #9 on: January 31, 2014, 11:52:48 PM »
And how fast did they crucify George Zimmerman for "stepping in" and "Doing someone else job."  That's not something most people can afford.

In this incident, I would have almost certainly gone to the vehicle to obtain OC (since my vehicle would have been outside).  Alternatively, one of those chairs in the back or another object (that guy looks pretty stout :P) would have been the second option.  I saw more pushing and holding than a violent assault.  My last option would have been the Emerson, but I don't think the situation was there yet.

Please don't spray someone with OC in a closed building.  That shit gets sucked up into the vents and re-circulated in the room exposing everyone in the building to OC. That's especially a dumbass move if there is kids or infants present. 

Darmok and Jalad @Tanagra

Re: deadly force and civil suits
« Reply #10 on: February 01, 2014, 12:33:33 AM »
And how fast did they crucify George Zimmerman for "stepping in" and "Doing someone else job."  That's not something most people can afford.

I think that's a 2-part answer.  The first answer is, he was not charged or indicted at all for the incident.  It was ruled self defense, and even after the DOJ asked them to investigate the killing as a hate crime, Florida responded their investigation turned up no evidence of any hate crime.

Part 2:  Jackson, Sharpton, Obama and Holder stirred up the public to the point Florida was forced to try Zimmerman, bypassing the Grand Jury process altogether.  The Media assisted by telling propaganda such as that "White-Hispanic" BS.  I guess that makes Obama the first White-African-American President, since he came from the same kind of mixed plate as Zimmerman?

The legal system supported Zimmerman's actions and set him free.  So, technically, he wasn't crucified by the law.  However, the race-baiting political powers-that-be needed as many distractions from the Obama administrations failures as possible.  Zimmerman was used as a smoke screen to take public scrutiny off all the scandals..
"... the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men."
--Justice Louis D. Brandeis

Kingkeoni

Re: deadly force and civil suits
« Reply #11 on: February 01, 2014, 02:40:22 AM »
That's the pussy way out. The guys getting beat and you're going to stand there with a camera and narrate. There is a difference between stopping an assault and beating the crap out of the suspect. It's the "beating the crap out of the suspect" after the crime has been averted that gets you sued.

Lets look at the last 2 examples of people who stepped in to intervene when they perceived an injustice...

George Zimmerman & Christopher Deedy

The media hung them as vigilante psychos.

No wonder no one wants to help.
Your number one Option for Personal Security is a lifelong commitment to avoidance, deterrence, and de-escalation.

Someday someone may kill you with your own gun, but they should have to beat you to death with it because it is empty.

Funtimes

Re: deadly force and civil suits
« Reply #12 on: February 01, 2014, 07:21:04 AM »
Please don't spray someone with OC in a closed building.  That shit gets sucked up into the vents and re-circulated in the room exposing everyone in the building to OC. That's especially a dumbass move if there is kids or infants present.

Yeah your kids will be fine. Unless you are on the opposite side of him it's not going to be that bad.  Moreover, if you have your kids and are just sitting there while someone is getting tuned up - then you should be considering rethinking your security plan.
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oldfart

Re: deadly force and civil suits
« Reply #13 on: February 01, 2014, 07:40:05 AM »
In this particular case, we really don't know who is the good guy or bad guy.
For all you know, the guy being pinned down might have just assaulted a kid outside.
Reality is seldom black and white.
Personally, I would have tried to separate the 2 guys unless one had a weapon.
What, Me Worry?

Dblnaknak

Re: deadly force and civil suits
« Reply #14 on: February 01, 2014, 07:43:49 AM »
Yeah your kids will be fine. Unless you are on the opposite side of him it's not going to be that bad.  Moreover, if you have your kids and are just sitting there while someone is getting tuned up - then you should be considering rethinking your security plan.

Really? So you've been trained in the use and hazards of OC. I guess you have been sprayed as part of that training? Have you actually tried spraying someone that is moving around?

The fact is, Everyone around you will be exposed to the OC spray. Plus you will likely miss you target, which usually happens.
« Last Edit: February 01, 2014, 07:51:34 AM by Dblnaknak »

Funtimes

Re: deadly force and civil suits
« Reply #15 on: February 01, 2014, 12:09:58 PM »
Really? So you've been trained in the use and hazards of OC. I guess you have been sprayed as part of that training? Have you actually tried spraying someone that is moving around?

The fact is, Everyone around you will be exposed to the OC spray. Plus you will likely miss you target, which usually happens.

Really?  Yes. Really.

So you've been trained in the use and hazards of OC?  Yes. I have.  It's a qualification requirement of my job.

You guess that I have been sprayed? Correct.  I have been level one certified (direct spray), and re certified at level 2 (spray and wipe).  I've also been sprayed during watch turnover (by accident) and during inmate fights.

Have I tried to spray someone moving around? Yes.  Prisoners don't generally like to stand still while you spray them.

Everyone will be exposed: Sure, there will be some 'exposure' but it will be minimal.  You aren't going to die.  Step outside, get some fresh air, and you will be ok. If anything, I will clear your sinuses and allergies for you for a little bit.  If you get directly hit by overspray, then sure, you may need some decontamination.

I also respond to situations where O.C. has been deployed in an enclosed environment, be it a Cell, a Unit, or a corridor.  How many people are affected depends on what type of delivery (cone, fog, stream) the medium (gel, liquid), and how close I am.  If I sprayed, I would likely be fairly close to him and there would be minimal chance of missing.  Here, there is no one on the other side of him directly, so it wouldn't be a problem.  It's really not that hard to pull your shirt up over your face, block some of it with your hands, or just get out of the way.  People will be coughing, sneezing, or have the easiest and most clear breathing they have had in a long time.  It's not really that big of a deal.  I rather do that then to sit there and see someone getting assaulted. 

Most smart people tend to get out of the way of a fight.  When I have had my wife with me, if I see something like this, we are gone immediately.  My plan is to get her out of the area as quick as possible.  Once she is secured, then I have options to assist if I feel it's prudent or necessary.
« Last Edit: February 01, 2014, 12:40:31 PM by Funtimes »
Check out the Hawaii Defense Foundation.
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Posts are not legal advice & are my own, unless said so.