What is it with the police?
Just wait until municipalities have to buy insurance.
What’s the deal with ‘defenses’?
Hour 1
Executive Orders
A general discussion on police, policy, authority, and enforcement.
(15:45)
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
https://www.law.cornell.edu/uscode/text/42/1983
Deeper into qualified immunity
(16:30)
Expanding on last week’s revelations related to qualified immunity.
If a cop attacks you for no good reason, are you allowed to defend yourself?
(40:45)
https://www.cbsnews.com/sacramento/news/sacramento-county-deputy-kicking-man/
qualified immunity and insuring civil servants
(42:35)
It sucks to be them, and is also sucks for the first guy who points out the scrivener’s error to the Supreme Court. It wasn’t raised below.
Hour 2
Bondgraham v. Superior Court of Alameda County
In 2019, two Oakland journalists filed requests with the Oakland Police Department under the California Public Records Act (CPRA), including for information regarding the “Celeste Guap” scandal, which involved several Oakland police officers who had sex with Guap while she was underage.
https://law.justia.com/cases/california/court-of-appeal/2023/a165187.html
California v. Panighetti
(5:50)
Defendant Wesley Panighetti and Jill Doe met in 2000 and began dating.
According to the Court, the couple practiced bondage, discipline, sadism, and masochism (BDSM) together.
When defendant went beyond the scope of Jill’s consent, his conduct became criminal.
A jury rejected the argument that, by virtue of a written agreement to consent to BDSM at all times, Jill had irrevocably agreed to allow defendant to dominate all aspects of her life.
The jury found him guilty of multiple sex offenses, attempting to dissuade a witness, and residential burglary.
https://law.justia.com/cases/california/court-of-appeal/2023/c095100.html
Illinois App. Court (1st Dist) Rejects Borrowers’ Allegations of Fraudulent Reverse Mortgage Scheme
(11:00)
A group of borrowers brought a declaratory judgment action and alleged that a mortgage lender and one of its agents engaged in a fraudulent reverse mortgage scheme to take the borrowers’ homes. Specifically, the borrowers alleged that the agent offered to renovate their homes at no cost, purportedly pursuant to a federal program that would help pay for the renovations. The borrowers signed documents that the agent claimed were necessary to participate in the program. One of these documents was a reverse mortgage with the lender.
According to the borrowers, when the lender issued reverse mortgage payment checks, the agent demanded that they sign them over to him. The borrowers signed the checks over to the agent because the agent claimed that they would have to pay for the home renovations themselves if they refused. The borrowers alleged that the agent did not complete renovations to their homes, and they later learned that the home renovation reimbursement program did not exist.
https://consumerfsblog.com/2023/09/illinois-app-court-1st-dist-rejects-borrowers-allegations-of-fraudulent-reverse-mortgage-scheme/
Police suggested charging a child for her explicit photos. Experts say the practice is common
(31:20)
In the redacted body camera recording obtained by The Associated Press, the father asks if there’s anything the police can do. A female officer is heard replying that his 11-year-old could be charged with creating “child porn.”
The parent protests that she is a child, a victim who was manipulated by an adult.
“It doesn’t matter,” the officer said. “She’s still creating it.”
The angry father ends the conversation and slams the door behind him. The video he posted to TikTok had been watched more than 750,000 times as of Thursday.
https://apnews.com/article/ohio-police-child-sexual-abuse-response-tiktok-0477a43e82b1d9120b35d8ce223af007
Wrongful deaths, beatings, false arrests alleged in lawsuits against Rapides law enforcement
(46:40)
Before they approached Huddleston, they didn’t run his license plate or notice the elderly man did not fit the description of the two young men they were looking for in a vehicle that bore no resemblance to his, the court complaint states.
The lawsuit indicates police ordered Huddleston out of his vehicle and asked him if he had weapons. He did not, but officers, one with a pistol pointed at Huddleston, surrounded him and violently placed him in handcuffs.
Police then searched Huddleston’s vehicle unlawfully, the complaint asserts. When they realized their mistake, they uncuffed him and left the scene, leaving Huddleston injured with broken bones in his shoulder and a torn rotator cuff, according to court documents.
https://lailluminator.com/2023/09/20/rapides-beatings/
Over a decade, 10 NYPD officers accounted for $68M in police misconduct payouts: Report
(50:00)
Greico, who is still active in the NYPD, was a defendant in 48 cases for which the city paid legal settlements between 2013 to 2023. The city payout sum from all of those lawsuits was $1,099,825.
https://gothamist.com/news/over-a-decade-10-nypd-officers-accounted-for-68-million-in-police-misconduct-payouts-report
Credits
Bad Boys (Theme From Cops)
https://youtu.be/bBD8M3WFrAw
Creedence Clearwater Revival – Bad Moon Rising
https://youtu.be/5BmEGm-mraE
AC/DC – Highway to Hell (Official Video)
https://youtu.be/l482T0yNkeo
Jace Everett – Bad Things (Official Video)
https://youtu.be/sMPNjPpdjKU
Crosby, Stills, Nash & Young – Our House
https://youtu.be/tKYjUn-SBcg
Kenny Rogers – The Gambler
https://youtu.be/7hx4gdlfamo
Dr Hook – Only Sixteen
https://youtu.be/olQNes_mq8I
Danheim – Mannavegr (Full Album 2017) Viking Era & Viking War Music
https://youtu.be/8tilKaOINmE
Sector Space
https://sectorradio.ru/space/
Mason Proffit – Two Hangmen
https://youtu.be/CC3yZdG_2B
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