No Immunity?
Anyone else get the feeling that with this CIT training and OEMC getting tossed under the Rahm Bus that we (the CPD) are going to be sent to every single call that comes into 9-1-1 very shortly?
Fire has the option to refuse, but we don't - unless a supervisor steps up and codes the job. That makes this article even more disturbing:
Fire has the option to refuse, but we don't - unless a supervisor steps up and codes the job. That makes this article even more disturbing:
- The Illinois Supreme Court ruled 4-3 to discard a rule that protects fire, police and ambulance services accused of failing to provide a level of response from lawsuits.
Cook County Record reported that justices Thomas Kilbride, Anne Burke, Charles Freeman and Mary Jane Thesis came together to abolish the public duty rule. Chief Justice Rita Garman, Robert Thomas and Lloyd Karmeier joined in a dissent to the majority position.
"We conclude that the underlying purposes of the public duty rule are better served by application of conventional tort principles and the immunity protection afforded by statutes than by a rule that precludes a finding of a duty on the basis of the defendant’s status as a public entity," Kilbride wrote in the lead opinion. "Accordingly, we hereby abolish the public duty rule and its special duty exception. Therefore, in cases where the legislature has not provided immunity for certain governmental activities, traditional tort principles apply."
This appears to be a big deal - based entirely on the "perception" of protection "owed" to individuals by the police and fire services. You know who might have a decent shot at a giant class-action type lawsuit? Low crime areas stripped of police protection who then suffer a rise in crime. Kind of like the stuff the "CrimeInWrigleyville" blog keeps track of.
Labels: info for the police
87 Comments:
Man , I took the wrong fucking job .
CPD and police in general in the cross hairs.
There are a lot of p.o.'s with law degrees . Someone ought to develop a comprehensive plan to protect the assets and privacy of Leo's through trusts and corporations .
A wise man once said "own nothing but control everything ".
Hey Burke, can't you keep the old lady under control?
Did they do away with immunity for judges and prosecutors too?
This is amazing. It seems open war has been declared. What a year this will be.
Anne Burke now there's a surprise. Correct me if I'm wrong but didn't she agree with Rahm regarding his residency in order to allow him to become mayor.
Wonder how much Loevy and Loevy paid Ed to push this through. How about no immunity for judges that give light sentences to offenders who go out and kill again? How about for prosecutors who allow sacred victims to drop charges and have the offender injure them later?
Hmm heres an idea... a public official is elected to perform certain duties. Say for example a poor citizen is walking down the street coming home from the store when they are attacked by a misguided youth who then grabs there wallet and cellphone and runs off while on home monitoring as promoted by Prewinkle and Dart. Well Dart for one was elected as a sheriff to run the jail and safeguard the community and the policies promoted by him and Prewinkle are putting the public at risk. Don't know if they are given immunity as State's attorneys apparently have...but it looks like they FAIL in their duty to uphold their office.
We're going from bad to worse!!!!
Why does our judicial system hate the taxpayer? Why do they love the taxeaters?
The insanity continues. Everything happening right now is just a byproduct of the progressive left liberal cancer. Liberals are mentally ill and their thought process is extremely dangerous. They've infected every corner of our society with their insanity and now you're going to start witnessing our inevitable self destruction.
This state is prepped for exile of the thinking man. Anyone staying here who has an option to leave is a moron.
The people in the now unpoliced areas also have the money and the persistence to use the courts. I hope they do.
Well, at least the IL Supreme Court ruled that the constitution can't be be messed with when it comes to protecting our pensions -remember that they worry about their pensions, too. But, they threw public safety under the bus with this ruling. Then again, the IL Supremes needs to ensure future lawyers their livelihood. Justice Burke had a thriving legal practice before she skyrocketed to the Supreme Court. The bottom feeder becomes an icon of jurisprudence.
I don't know what a "rule" is, but it doesn't sound like a law. If that is the case you need to pressure Springfield to pass a law that mimics the "rule".
Butterfly Nets!
Every squad needs a big butterfly net!
How about the people living in the 016th district? Station was once manned with over 380 officers now there's about 180 and its one of if not the largest district in the city. Burglaries and property crimes are out of control there. But those crimes don't affect the city's bond rating. Murders do so all police resources are allotted to the lowest tax generating populace to try to keep the savages from slaughtering each other. The 7th district is one of the smallest districts in the city and has over double the man power of 016 and its flooded with specialized outside units as well. The police are tripping over one another there and they still can't keep the mutts from murdering each other. But don't dare have the police shoot one of the ghetto scholars. Then all of a sudden blm.
I have family that have mental health issues. When they are on the right meds, they are perfectly normal. When they are not, they are a danger to themselves. They hear voices that are not there. They see plots and conspiracies. One is convinced her long dead husband is plotting against her. He and His unseen minions steal her paper, rob her bank account, and perform all kinds of mischief.
I suppose blaming him is easier than admitting she has caused herself most of her problems. Many of her kids are also touched. And they wonder why I don't have children?
I just had a conversation with the wife about my job. And I told her I used to love it, then I liked it, then I tolerated it, now I hate it.
What happened to the "Good Samaritan" law?
is anyone else fed up to the point of welcoming another country invading and occupying Illinois?
"Owed" used to imply that something was given or lent, like in money, property or some type of favor. Not sure how this applies in a situation where nothing was given or lent that would require an exchange of goods or services. Taxpayers yes, they pay our salaries, the rest, fuck em.
You're making a lot of sense. Opening up this Pandora's box to appease the unwashed non working voters could bite them in the ASS big time.
Considering the conflicting interests implied in this ruling, why didn't Anne Burke recuse herself? I guess we all can figure that out.
What specific jobs are exempted by the legislature? The legislature itself maybe? Can't sue the king.
And if the failure to provide protection (service) is due to logistical issues and or just simple manpower shortages, who gets sued? The police themselves or the city fathers who created the shortage? Man this sounds screwed up!,
Wow! This is going to hurt. As sue happy as some people are...Wow!
Does this do away with immunity for individual Officers or departments as a whole entity?
Remember someone saying each individual Officer should have a personal liability insurance policy?
If you're going to collect a CPD paycheck, you might want to check into a ten million dollar umbrella policy. Wow!
Insanity rules the day. How will CPD recruit new people? Has CPD done such a good job of protecting the gated communities these judges and lawmakers live in that they forget what they are protected from?
Think about it. Fight back, stay fetal. Oops! Staying fetal may no longer be an option.
Stay safe boys and girls.
J.J.
So a week of training puts you in the same league as one with a college degree?
Can we get a list of where the new Sergeants are going? I keep hearing rumors that a few of them are going straight to IAD, this can't be true can it?
So the IL SC is telling me I can boot doors open on check the well being when I don't get an answer to my knocking??
And that's going to be a no brainier to prove. Manpower records in the "less crime areas" declining as crime actually increases with no manpower surge response.
FOP should file an "Amicus Curiae" friend of the court like the ACLU does and sue to have the judges and prosecutors immunity removed too. Maybe then the ASA will approve felony charges and the judges will put more of Prekwinkles constituents (and son) back in jail where the belong.
In a world of of frivolous, vexatious litigation, the Judges (blood sucking lawyers) invent another way to sue and drain the already depleted coffers of Cheatago and terminally ILLinois. truly onerous. Lt S
REPORTER: DOJ, FBI “SUPER PISSED OFF” at Obama White House Over Clinton Investigation (Video)
Jim Hoft Jan 29th, 2016 6:37 pm Leave a Comment
On Friday White Press Secretary Josh Earnest told reporters some officials at the FBI have said Hillary Clinton is not a target of the current investigation.
http://www.thegatewaypundit.com/reporter-doj-fbi-super-pissed-off-at-obama-white-house-over-clinton-investigation-video/
CIT class a couple of years ago, did learn a thing or two and the chow was pretty good.
This really means to remain fetal, but look like you're doing something.
Truly unbelievable. They make it impossible for us to do anything and then when we don't they invent away to sue us.
We will need a larger police and fire departments to handle every call for service. The back logs will have to be managed by supervisors. So more lawsuits. We will now have to arrest individuals for false reports if the emergency call does not meet the standard for being a true emergency.
Another nail in the coffin, bankruptcy around the corner. Makes you wonder if they are that naive (of a person or action) showing a lack of experience, wisdom, or judgment. or they deliberately want to create this unmanageable situations that someone was smart enough to prevent before they changed the law.
This guy's not an 'offender', he's effin crazy and should be in one of the mental institutions that the do-gooders closed.
(shakin' ma head) Here we go again folks (and people).
Once again a branch of the Illinois government -- Yes Moonbat Trolls and recent 'graduates' of Chicago Public Schools, the Courts are a branch of government -- provides a shining example of why Illinois is MOCKED and DERIDED by basically everyone in the civilized world who has an IQ above room temperature. That Illinois resembles a place governed more like a 3rd World Banana Republic with incompetent, CERTIFIED MORONS, in charge of every branch with people who are there solely because of who they're related to. Who they know -- 'who sent you'. Who they paid off. And who they blew and screwed to get the job!
And this majority opinion confirms this fact. Why you may ask?...simple:
----- The ruling is Unconstitutional! -----
The U.S. Supreme Court, aka SCOTUS, has ruled and ruled again, that Police (and Fire iirc) Have NO Duty To Protect. A simple and quick Google Search verifies this. A search so simple that even the simpletons on the IL Supreme Court could have done it.
Ergo, if you do NOT have a 'Duty To Protect', you have NO liability. And you cannot be sued for NOT doing something you're NOT responsible (liable) for NOT doing in the first place. Not even here in; The Peoples Republik of Madiganistan (aka Illinois)
Now I am NOT a lawyer, though I have played one in court :-). But even I know that every law in the USA and every state constitution HAS TO conform with the U.S. Constitution, and all SCOTUS decisions. It's that Supremacy Clause 'thingy'.
(Obama's DOJ not going after rogue states like Colorado is besides the point)
an aside:
This is in the linked article from 'PoliceOne.com' .....
The rule dated back to the 19th century and held that local municipalities are presumed to "owe no duty to individual members of the general public to provide adequate government services, such as police and fire protection."
Again, this is not just some tradition of common law. 'No Duty to protect' been reaffirmed numerous times by SCOTUS.
Sorry for being off topic but today's Sun-Times article really explains for the average citizen the significance of the Koschman case. It has also vividly illustrated the fact that the CPD cannot be trusted to come up with even a remotely fair promotional process. This process needs to come under federal control with no CPD boss involved. The M2 Mafia wields a great amount of clout in the merit promotional process. I will no longer think that the most egregious abusers of this process are minorities and women. Good Job Sun-Times.
Retired from the Deuce/ Still loving the Job!
What a horrible slippery slope this is. How far does this go? Are we going to eventually become liable for the crime occurring within our jurisdictions, for not protecting their person or property? Glad I'm at the end, and not starting a LE career.
But of course the courts are immune from their own rules when they release the predators on society. No duty for justice?
OT:
It's time for the FOP to hire a REAL PR firm to professionally and expertly respond to all the crap that the media and liberals launch against the police with impunity. There are professionals out there with an agenda attacking the police. They are affecting the political climate. The FOP needs to go on the offensive. Only a real PR firm can do this. This is above and beyond the capabilities of anybody in the FOP. We need the big guns. I would be willing to pay a special "assessment" like $5+ a pay period to pay for this. The FOP should not be "fetal"
These coppers don't de esclate.
Watch A Texas Police Officer Make An Incredible Headshot On Hostage-Taking Robber [VIDEO]
http://dailycaller.com/2016/01/29/watch-a-texas-police-officer-make-an-incredible-headshot-on-hostage-taking-robber-video/
Anita would charge him with murder.....
This is great, start hiring now, we need at least 3000.
The only good thing is that the Supreme Court Trumps the crooked Illinois Kangaroo court.
Looks like I will be suing the Fire deparment for refusing to come out, therefore putting me in a bad situation causing emotional distress
I can see this "ruling" by our "enlightened" state judiciary going all the way to the US Supreme Court. In theory it should be overturned by them. At least that would be the case prior to Justice Obama being appointed to the court by HRC - THAT should scare the hell out of everyone.
Like the original article says in so many words there is no "right" to get police or fire protection. That has already been adjudicated by the US Supreme Court.
I also find the ... ahem ... "timing" of this ruling rather odd. The original incident happened back in 2008.
****OFF-TOPIC**** CITY OF BALTIMORE announced the city will offer a $2,500.00 tax credit to all first responders that live in there city. Please make a topic about this. All first responders in Chicago (well except CFD most live in the burbs) should have the incentive here.
http://www.baltimoresun.com/news/maryland/politics/bs-md-housing-credit-20160129-story.html
It really is sad how training was once something that provided useful information, and made you more marketable, or often a go-to guy for specific things.
Not, its nothing more than liability.
Anonymous Anonymous said...
Well, at least the IL Supreme Court ruled that the constitution can't be be messed with when it comes to protecting our pensions -remember that they worry about their pensions, too. But, they threw public safety under the bus with this ruling. Then again, the IL Supremes needs to ensure future lawyers their livelihood. Justice Burke had a thriving legal practice before she skyrocketed to the Supreme Court. The bottom feeder becomes an icon of jurisprudence.
1/31/2016 04:30:00 AM
Judge's pensions are separate and TOTALLY protected. They have NO fear of diminished pensions.
Anonymous said...
OT:
It's time for the FOP to hire a REAL PR firm to professionally and expertly respond to all the crap that the media and liberals launch against the police with impunity. There are professionals out there with an agenda attacking the police. They are affecting the political climate. The FOP needs to go on the offensive. Only a real PR firm can do this. This is above and beyond the capabilities of anybody in the FOP. We need the big guns. I would be willing to pay a special "assessment" like $5+ a pay period to pay for this. The FOP should not be "fetal"
1/31/2016 10:19:00 AM
The FOP does send out press releases and informational bulletins countering what the city says. However, the media refuses to publish it. So a real PR firm can state our side of the argument but what good is it if the media won't publish it? Or cover it? The media is just a mouth piece for the elite.
Anonymous Anonymous said...
is anyone else fed up to the point of welcoming another country invading and occupying Illinois?
1/31/2016 06:39:00 AM
Perhaps the neighboring country of Indiana?
SCC we need more funny piks of photo shop bosses.
Rahm too that guys cracks me up with his finger!
Anonymous said "These coppers don't de esclate.
Watch A Texas Police Officer Make An Incredible Headshot On Hostage-Taking Robber [VIDEO]"
============
Actually, they did de-escalate the situation after a very intense and very brief escalation. Great part of original video is at very end guy filming saying twice "he deserved it."
Anonymous Anonymous said...
is anyone else fed up to the point of welcoming another country invading and occupying Illinois?
1/31/2016 06:39:00 AM
Or, perhaps, if you were a real American, you would fight for the country that is, and call out the communist scum that have led to this sorry state. You are no different than ghetto rats asking for "someone" in the form of government to do what they should be doing for themselves. You are a democratic thinker and most likely a democrat voter. Sad.
After all this I still can't believe guys and girls want to be on tact.
Hey, isn't Anne Burke the wife of an ex PO and current aldercreature?
And where is FOP? Seriously they have disappeared, almost like they died. Every PO is on his or her own!
1/31/2016 @ 09:51:00 am
Excellent research! You did your homework sir/madam.
Fine posting, I hope everyone reads it, especially the morons at the ISCourt.
Shouldn't Anne Burke have recused herself from the case due to her husband being Chairman of the city finance committee? Conflict of interest maybe?
Anonymous said...
Wow! This is going to hurt. As sue happy as some people are...Wow!
Does this do away with immunity for individual Officers or departments as a whole entity?
Remember someone saying each individual Officer should have a personal liability insurance policy?
If you're going to collect a CPD paycheck, you might want to check into a ten million dollar umbrella policy. Wow!
Insanity rules the day. How will CPD recruit new people? Has CPD done such a good job of protecting the gated communities these judges and lawmakers live in that they forget what they are protected from?
Think about it. Fight back, stay fetal. Oops! Staying fetal may no longer be an option.
Stay safe boys and girls.
a personal liability insurance policy? That doesn't do the trick. Will not cover you for anything that happens at work. Personal liability might be the hint here
Makes you want to get out and be like the "aggressive killing crime police?"
You want us to be like this :https://www.youtube.com/watch?v=xGbZN4fV4GU
But now we are like this: http://counton2.com/2015/12/09/embattled-emanuel-speaks-about-chicago-police-department/
Thanks rahm you want total reform you got it buddy! Nothing like going to federal court and hearing "state your assets and liabilities" That is when hard charging gets real!
811 and 812 should sue the shit out of the city and aldermen. We have absolutely nobody patrolling our beats EVER!
Wheeee!
Did everyone hear that? It was the death rattle. Get out of Chicago, your services are no longer needed.
Your not a good Samaritan, your a trained professional.
Anonymous said...
So a week of training puts you in the same league as one with a college degree?
1/31/2016 08:00:00 AM
###############################################################
Nope, what it does is get you sent to every mental call that comes out in your district during your tour.
Anything to feed the lawyers.
Off Topic - Response FYI - Live in the City
One of your many out-of-state readers who reads this Blog so we know that we should stop complaining and realize no matter how bad it seems here, Chicago has it worse.
California use to have these live in the city requirements. Mostly came into play in the 1970s when we were trying to recruit community members to join the ranks. The excuse also was that cops needed to live in the city so they could be available to respond to emergencies. Probably the same justification used by your political masters.
The courts tossed this out because, well, when was the last time the police department had to call out troopers from home? Even if they did, what mattered was not where they lived, but how long it would take them to get to headquarters. Most our agencies have who have a residence requirement adopted a 50 air mile radius from city hall. Fifty air miles is a long ways. Most agencies don't have a requirement.
Good luck to you all. For those of you who can get out, I might suggest you follow my Mrs. (Harvard as in Il.) out to the golden state. Are we screwed up? Not compared to what you folkd are apparently forced to put up with. Looking at your pay scale we have Lieutenants making your Commander's pay. Deputies and officers start near 100 gs.
30 years and out, if you work for the county, walk across the street and get hired as police officer and do another ten while pulling full retirement from the county. Cops do it in reverse. Typical to retire as a captain and start the next week as a patrolman. Just a thought.
By the way, my wife was trying to explain to me what this wind chill thing is. Going outside to sit by the pool and work on my tan.
Be safe.
Bunch of jail house lawyers on this blog.
To keep it simply and brief, there are two ways a municipality defends negligence suits in STATE court. The public duty rule was a common law rule (I.e. created by court decision) that came from a "sovereign" clause in the original IL Constitution. The sovereign clause is gone and the public duty rule is now kaput. The court invites the legislature to write a statute if they wish to revive this rule.
The second defense is the Tort Immunity Act which is a state statute. A municipality is generally immune from damages in negligence suits in STATE court unless there is willful or wanton recklessness. In that case, the municipality and its employees are still immune from punitive damages in a negligence lawsuit filed in STATE court.
None of this has anything to do with a standard 1984 suit filed in FEDERAL court where punitives are readily available through FEDERAL statute. None of this has anything to do with any US Supreme Court decisions.
This decision will open the door to lawsuits against fire and EMS in state court because their is no avenue to get those cases into federal court. Police lawsuits can almost always be filed in federal court.
Please stop listening to people who don't know what they are talking about.
What is going to happen in a riot situation when the police can't respond to every call due to a riot situation in which they are vastly out numbered by the citizens who are shooting at the police, starting their ghetto stores on fire, robbing whitey who happens by. Destroying everything in their path?
Anonymous Anonymous said...
This really means to remain fetal, but look like you're doing something.
1/31/2016 09:26:00 AM
*****************************
Just hide in plain sight like my partner and I used to. Park in a safe open spot on your beat and you are being proactive merely by your presense.
We need a cropdusting helicopter spraying vast swaths of the City with a Lithium, Librium and Prozac fog.
It also might do a few a coppers some good, too.
Anonymous Anonymous said...
The insanity continues. Everything happening right now is just a byproduct of the progressive left liberal cancer. Liberals are mentally ill and their thought process is extremely dangerous. They've infected every corner of our society with their insanity and now you're going to start witnessing our inevitable self destruction.
1/31/2016 03:47:00 AM
Take heart, when the revolution starts, the liberals will be the first to go.
You Anonymous Anonymous said...
How about the people living in the 016th district? Station was once manned with over 380 officers now there's about 180 and its one of if not the largest district in the city. Burglaries and property crimes are out of control there. But those crimes don't affect the city's bond rating. Murders do so all police resources are allotted to the lowest tax generating populace to try to keep the savages from slaughtering each other. The 7th district is one of the smallest districts in the city and has over double the man power of 016 and its flooded with specialized outside units as well. The police are tripping over one another there and they still can't keep the mutts from murdering each other. But don't dare have the police shoot one of the ghetto scholars. Then all of a sudden blm.
What I can't understand is why this is not getting through most people's thick skulls ..I mean, does the working class enjoy working their ass off so that they don't get the police service they deserve? So that those who contribute the least are called 'victims' by the media and get stuff just handed to them for free without paying any taxes? I just read a headline on social media that read: Chicago Police Misconduct Tab, $642 Million Since 2004. From the SunTimes. You should read some of the moronic anti police comments. Talking about using that money to fund schools and programs. As if the police are the problem!? Un-fcking believable! Never a mention of the bullshit payouts or astronomical medical costs it takes to handle a city that spawns 500 plus homocides a year not including bullet wound injuries. think those "victims" have blue cross blue shield? Why there isn't a massive expose on all the medical services and costs being performed at Sinai, Christ, Strogers, Laredo, etc.. all with tax dollars is beyond me.
Dear Citizens, we the Police have been backed into a corner we have had everything done to us but our nuts cut off. We are at the edge of the cliff. We do not have any real advocacy. We cannot speak up of these fouls, it is against our employment contract. We do the job and get hurt, and get sued, and take the hits without so much as a pat on the back. We have no voice...But you. You, who pay the taxes have to demand better and not take this shit anymore. Screw the political correctness or fear of being called a racist. You the silent majority have to gather in numbers and strength and march just like those idiots do into the confines of city hall and demand of your politicians to put and end to this madness. There are plenty of hard working Black folks living in these areas that are sick of this shit too. Unable to walk without fear in their own neighborhoods. Only until the silent majority is heard will there be change. Failure to do so will result in continual pandering by media and politicians to this very small group of people and the loss of your tax dollars. What an opportunity for the FOP to organize something important!
+++++ 1/31/2016 09:09:00 PM || Anonymous said... +++++
'Bunch of jail house lawyers on this blog. ~~~snip~~ This decision will open the door to lawsuits against fire and EMS in state court because their is no avenue to get those cases into federal court. Police lawsuits can almost always be filed in federal court. ~~~snip~~~ Blah, blah, blah, ~~~snip~~~ Please stop listening to people who don't know what they are talking about.
I assume you mean ME, since I went into a little detail in my post. And if I have things wrong from misinterpreting the article, fine. I'm a big boy. And I sure as hell 'ain't' perfect.
But ya know what Sparky, don't be an asshole about it in saying I'm wrong. And don't hide behind the fucking Anonymous label, and address me directly not with that 'Jail House Lawyer' bullshit.
Furthermore, since you 'appear' to be an attorney how about doing the folks here st SCC a favor and EXPLAIN how this bullshit ruling from these democrat toadies in black robes effects them in doing their job AS POLICE. Write down some examples, a couple different scenarios. It doesn't have to be long just a few examples.
In conclusion, you may have noticed, or not, that I clarified that I was not a lawyer. As such, anyone who'd take my post as legal gospel would be pretty fucking stupid, wouldn't they.
Have a nice day.
(note: I could've been a lawyer but my mom wanted me to do something respectable for a living. .... So I became a pimp.)
(Hahahahaha yeah, old joke, but it still cracks me up)
ok, F.O.P then use some of our union dues and put it to good cause and do a commercial..........do something!! anything???? crickets .....
And this majority opinion confirms this fact. Why you may ask?...simple:
----- The ruling is Unconstitutional! -----
The U.S. Supreme Court, aka SCOTUS, has ruled and ruled again, that Police (and Fire iirc) Have NO Duty To Protect. A simple and quick Google Search verifies this. A search so simple that even the simpletons on the IL Supreme Court could have done it.
(725 ILCS 5/107-16)
Sec. 107-16. Apprehension of offender. It is the DUTY of every sheriff, coroner, and every marshal, policeman, or other officer of an incorporated city, town, or village, having the power of a sheriff, when a criminal offense or breach of the peace is committed or attempted in his or her presence, forthwith to apprehend the offender and bring him or her before a judge, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants and other process to him or her lawfully directed.
(Source: P.A. 89-234, eff. 1-1-96.)
Anne Burke? Wait doesn't she come from pro Police family and luvs da workn Cops, get Father Dan on it.
Perhaps the jail house lawyer crack was out of line. I apologize.
The problem is that misinformation is like starting a fire. In today's climate, it is irresponsible especially when discussing our financial liability. There is certainly enough true information slowing us down without piling false info on top.
Mistuh Twillie said...
(note: I could've been a lawyer but my mom wanted me to do something respectable for a living. .... So I became a pimp.)
(Hahahahaha yeah, old joke, but it still cracks me up)
2/01/2016 10:28:00 AM
Better the pimp than the whore any day...
Can't see anyone ever wanting or thinking of being a police officer in Chicago. It will be interesting to see how testing for Chicago PD will be marketed. Look at how no one wants to work as a correctional officer in the county, how many quit or apply for other law enforcement jobs after working for a year or two.... ((( hint, hint, hint...
Anonymous Anonymous said...
Bunch of jail house lawyers on this blog.
To keep it simply and brief, there are two ways a municipality defends negligence suits in STATE court. The public duty rule was a common law rule (I.e. created by court decision) that came from a "sovereign" clause in the original IL Constitution. The sovereign clause is gone and the public duty rule is now kaput. The court invites the legislature to write a statute if they wish to revive this rule.
The second defense is the Tort Immunity Act which is a state statute. A municipality is generally immune from damages in negligence suits in STATE court unless there is willful or wanton recklessness. In that case, the municipality and its employees are still immune from punitive damages in a negligence lawsuit filed in STATE court.
None of this has anything to do with a standard 1984 suit filed in FEDERAL court where punitives are readily available through FEDERAL statute. None of this has anything to do with any US Supreme Court decisions.
This decision will open the door to lawsuits against fire and EMS in state court because their is no avenue to get those cases into federal court. Police lawsuits can almost always be filed in federal court.
Please stop listening to people who don't know what they are talking about.
1/31/2016 09:09:00 PM
---
and cops never get sued in state court. why? Because a 1983 (violation of civil rights) (not 1984 as you said) is a federal thing, and that's what the lawyers go after .... why? because lawyers fees are written right into the statute (by COngress - it's a federal law)
having lawyers fees written into the statute - they do that so the average joe is not barred from suing for a government wrong because court costs are so high - in theory it does make sense.
West side Big Daddy said at community meetin that VanDyke must go to jail to scare the police from shooting.
I started applying to departments months ago. States out west will work with your schedule for testing.
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