Yes. And legal stuff drags out.Jeezzuzz this thread started 5yrs ago!
Cops that are sued are hit with punitive damages, those ARE the sole responsibility of the officer. Those happen quite often and never get talked about. In reality, most lawsuits are not interested in going after the officer personally, as they have little money to pay. Lawyers want a quick payout looking for the city to settle. I can assure you that I have yet to meet an officer who thinks getting sued in Federal Court is no big deal. The "retirement money grab" threat is more to make the public feel better or makes a great sound bite. However, it will not reduce gross misconduct. Preventing that, starts with the hiring process. You cannot hire garbage people and expect to deter them from misconduct by threatening to take their retirement.Just a suggestion so that cops have skin in the game. Currently they eff up and ruin somebody's life, and they just get fired. They still walk away with a pension and go get another job while taxpayers foot the entire bill for a settlement. My idea was to fire him, and as restitution, give that money to the victim instead of you and I paying out the judgement using tax dollars because the PD has to pay the victim. Or reducing the taxpayer burden.
And you obviously missed the point on the 401k analogy. I'm not saying we should take YOUR retirement and give it to a victim because Larry in the service department drove drunk after having 3 martinis at lunch and tboned somebody in his work truck. The correct analogy would be to take LARRY's 401k for his gross negligence instead of just firing him and making your company foot the entire bill for the lawsuit. The goal is to make the offender personally financially responsible for his negligence instead of his employer pay it all.
In neither case would the employee's assets cover the damages, but maybe if these guys knew they wouldnt JUST get fired and move on, and they'd also lose a large chunk of change, maybe they'd behave better. I'm just sick of paying victims as a taxpayer while the offender walks away with no personal loss. He can always just get another job and move on. He CANT just make those accumulated funds magically appear again.
How often do you know of it happening?Cops that are sued are hit with punitive damages, those ARE the sole responsibility of the officer. Those happen quite often and never get talked about. In reality, most lawsuits are not interested in going after the officer personally, as they have little money to pay. Lawyers want a quick payout looking for the city to settle. I can assure you that I have yet to meet an officer who thinks getting sued in Federal Court is no big deal. The "retirement money grab" threat is more to make the public feel better or makes a great sound bite. However, it will not reduce gross misconduct. Preventing that, starts with the hiring process. You cannot hire garbage people and expect to deter them from misconduct by threatening to take their retirement.
It happens. But that is only if it goes to a Jury to decide. Juries like to add punitive. But lawyers don't really care about that or they wouldn't accept $$ from the City to settle and avoid court all together. They'd rather go for the easy cash. So I don't have a stat but it does happen. Going to trial is very rare. It that small fraction of cases that make it to trial, many police defendants are found in their favor. Of those that lose, you can bet there is going to be punitive added. If lawyers or affected citizens REALLY want to force change, they'd push for trial. But no one really wants to fix anything as then they wouldn't have cases to sue the depts in the future. You will see a small group of lawyers ALWAYS suing the same departments. Actually pushing for change will affect their bottom line.How often do you know of it happening?
One of my sisters is a retired leo and thats not what she tells me.20 years
25 years as a LE here in the "big city" and the defendant in my share of Federal lawsuits, this is how it works.How often do you know of it happening?
One of my sisters is a retired leo and thats not what she tells me.
Ok, are most punitive damages paid out over working in scope of LE work or out of scope?It happens. But that is only if it goes to a Jury to decide. Juries like to add punitive. But lawyers don't really care about that or they wouldn't accept $$ from the City to settle and avoid court all together. They'd rather go for the easy cash. So I don't have a stat but it does happen. Going to trial is very rare. It that small fraction of cases that make it to trial, many police defendants are found in their favor. Of those that lose, you can bet there is going to be punitive added. If lawyers or affected citizens REALLY want to force change, they'd push for trial. But no one really wants to fix anything as then they wouldn't have cases to sue the depts in the future. You will see a small group of lawyers ALWAYS suing the same departments. Actually pushing for change will affect their bottom line.
25 years as a LE here in the "big city" and the defendant in my share of Federal lawsuits, this is how it works.
Beats meOk, are most punitive damages paid out over working in scope of LE work or out of scope?
Ah, so about the same sized little "big city". It's really not that bigAbout 50,000 more in her big city.
Like adding Anderson and all it entails.Ah, so about the same sized little "big city". It's really not that big