Woman arrested for filming police

[Sirius Glass]

Steve, the better looking one

.... which is why my avatar image is my guitar!


Steve.

Ok, but just don't harp in it. Its just a cymbal!

Steve, the better looking one

 

[Steve Smith]

If both the city and the police officers were found liable, the liability would likely be what is known as joint and several - the woman would be entitled to seek payment for any award made from either the police officers or the city. She wouldn't be entitled to be paid twice, but if she elected to get all her money from the city, the city would have to pay.

Given the choice of trying to get payment from the officers or the city, I know which one I would choose.

Is it the same 'joint and several' as in joint mortgage arrangements? i.e. if one party refuses to pay, the other one is liable?


Steve.

 

[MattKing]

Given the choice of trying to get payment from the officers or the city, I know which one I would choose.

Is it the same 'joint and several' as in joint mortgage arrangements? i.e. if one party refuses to pay, the other one is liable?


Steve.

Yes - although I prefer stating it as "all parties are liable to pay the full amount" - because it makes it clear that one can pursue payment from everyone at the same time.

Again I caution though that the rules do vary from jurisdiction to jurisdiction.

 

[BrianShaw]

Very interesting, Matt. Thanks.

Where I live we get the impression, from the news etc, that suits against the police/city generally get settled out of court more often than not.

 

[Sirius Glass]

Very interesting, Matt. Thanks.

Where I live we get the impression, from the news etc, that suits against the police/city generally get settled out of court more often than not.

Given Rochester's history in the 1960's and the fact that the subject of racism has been raised, the city would be smart to settle out of court. Please note that while I was living in Rochester, no one ever ever ever can accuse me of saying that the city government was smart.

 

[Photo Engineer]

Remember that the law suit will probably be a Federal civil rights suit and therefore local laws will not apply to the extent that Federal law overshadows it. Generally, in mixed jurisdictional cases, the most severe law or the most severe penalty will apply. IDK how this will be taken under consideration in this particular case. So, if NYS Civil Liberties laws are stricter than the Federal guidelines, I have been told that even if it is in Federal court, NYS law can be applied.

PE

 

[Photo Engineer]

Today, WHEC TV, Rochester announced that they are posting a more complete version of the tape that started this all.

They also aired two sides to the story as it continues to spin on and on. Some parts were apparently left out of Ms Good's account and some parts were left out of the police report. One thing that came to light was that extended footage was taken by her neighbor and he was not hassled. The other thing is that Ms Good claimed there was one person in the car, when there were 3 and they were suspected gang members, which led to the caution on the part of the police when she said that "they are my friends".

Anyhow, see more today if you wish, including threats against the police now.

PE

 

[Sirius Glass]

PE, Thanks for the update. I will wait until all the facts are in and the investigations are completed. There seems to be excesses on both sides.

 

[Photo Engineer]

Another update:

Ms Good's apartment was robbed while she was at court. Only her possessions were taken, not her roommates. I got this from a retired judge today at a party. It is not widely known.

PE

 

[M.A.Longmore]

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" Curiouser, and Curiouser ! "

Ron
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