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Federal judge issues ruling on Windsor traffic stop case
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- Опубліковано 9 сер 2022
- Federal judge issues ruling on Windsor traffic stop case
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This is the biggest flaw of the fired officer- ego that leads to abuse of power. Glad he was fired.
The other officer need to be fired too because he was just his guilty the chief of police talking about he been doing this kid since he was 14 years old that don't mean s*** he still needs to be fired
He must be imprisoned
Two legged pigs are NEVER "fired', they are given glowing recommendations and rehired one, or two towns over, or by a agency in a neighboring county, BUT if the agency is large enough, they are merely sent off to the other side of town.
He was right in what he did, this guy was street trash, with his illegal gun and his pitbull.
@@RadioRich100 he wasn’t…
a cop who abuses power never is
They are the biggest criminals in our streets
And all this could've been avoided had the driver (see my comment above)
@@guysolis5843 had the driver given up all his rights, is that what you think he should have done?
Exactly- - when the police are persecuting & felonizing everyday people & not saving this kind of violence for real criminals, then theyve become the criminals themselves. People dont seem to get that the only ones who can "police" the police are the Public itself. Its sad how many commenters are taking sides with another cop who is out of control. So were supposed to just accept the level of violence with which American police do their jobs & do nothing right? Meanwhile people are getting felonized, injured, & killed needlessly because of a general ignorance & apathy among the Public
Worse than Organized crime.
@@missmarya747 amen, they get paid by money we are forced to pay and they have qualified immunity. Pure Evil
To be clear.. This traffic stop may have been "lawful" (according the defense attorney), but spraying a seemingly defenseless person in the face with pepper spray while his hands are up in the air is NOT lawful. Duh? Even an idiot should be able to understand that much, but then, that's the type of people you're dealing with here.
Exactly
The knee strikes were clearly punitive... The LT had pepper spray in his eyes.... And Guitierrez just wanted to keep giving orders without ever telling Nazario the reason for the stop...
Lawful but when they got in the lighted area the tag was seen and it should have ended their but because they want control and ego got the best of them it was escalated instead of deescalating like the military guy was attempting to do.
Not to mention officers aren't supposed to draw their weapons or even their pepper spray without the presence of a threat.
And qualified immunity shouldn't and usually wouldn't exist in this case There are cases on this over and over.
He was illegally caring a gun and running from police - DUH!
And they wonder why people hate them
So much for ' thank you for your service '.
The reason for the stop was there was no license plate number on display. This was a new vehicle and there was a paper tag in the rear window. It was difficult to see due to tinted windows in the dark. However, once under the bright lights of the gas station the tag was clearly visible. These officers escalated this stop way beyond the scope of the stop once it had been established there was a tag. I hope he wins millions!!!!
✊ Were with you, Caròn Nazario. These bullies with badges need to be put in their place. This is NOT how you treat law abiding people. This cop is a wreckless monster who just does whatever he pleases. He doesnt follow rules. Notice how the vehicle was searched without cause & without a search warrant
Peculiar how the court states that these cops acted within the boundaries of the law in stopping this man & arresting him. Furthermore it recommends qualified immunity for them. Well if thats true, then why was Guiterrez fired?? Violence, inequity, & hypocrisy. The court is being just as lawless as these police. Unless these courts begin to capitulate & punish police for unnecessary agression & brutality, occurance of these incidents is going to build & build until we see the beginnings of civil war. We are armed, & no one is taking away our natural right of self preservation
USA is the only government arrogant enough to think that just because it can write any laws it wants to (the Constitution be damned) they can ignore natural laws such as self preservation. What is really natural justice, which should take place, after gross failings of the System, they call vigilantism
Yea, this is messed up. When I bought my new car, I had the same paper plate waiting for my license to come in. I was never pulled over nor was I ever hassled. 🤷
He also didn't pull over when signaled , You can use his excuse I was driving to a lite up area but that's for a judge to decide.I know the cops go to high alert when people don't stop straight away.Because of the insane gun ownership laws in the USA All the gun toting rednecks don't care if they shoot police never have never will so I do get both sides .It wasn't very pleasant but he should be thankful he at least lived to sue them.
Cops go high alert even when you do stop right away. I had a cop in Utah pull his gun on me for a traffic stop (I hadn't broken any traffic laws) his reasoning was that I stopped too quickly. There's no pleasing these tyrants!
@@Nerotique More than just one commenter here says that when Gutierrez turned on the reds & blues, Caròn Nazario led him for a quarter mile to a gas station. Its not like he took police on a high speed chase or attempted to evade. But that's all the excuse Gutierrez needed to come down on him with agressions. Being black & knowing hes about to get questioned by a predominantly white police department, no one can blame him. Notice hes determined not to reach for a n y t h i n g , even when prompted. Hes not taking the chance he could be shot! Im white, & when a cop is shining bis light into my car, just reaching for insurance & for my ID makes me nervous!
Why isn't this soldier's base commander speaking out about the way that one of his men was treated?
i say that solder sure sue both of them & get both to jail ASAP for assault with deadly weapon, attempt murder & etc
Because his man was disrespectful
I do not blame him for not stopping until he was in a lighted place! He didn’t know what they had in mind to do to him! Why did the policeman spray pepper spray in his face? There was no cause for him to do that! You can imagine what would have happened if he had stopped earlier! The younger officer wouldn’t have done anything but just went alone with whatever that older officer told him to do! He didn’t have any guts to stand for what is right!
@@guysolis5843 When was he disrespectful and what did he say? And no, "Why are you doing this?" is not "disrespectful".
@@juanitamccollum8496 The driver did something stupid, and he then located stupid officers.
Joke. Both cops should've been fired
Should have been jailed and no bond. Cops shouldn’t be held to a higher standard than the private citizen
Both of them suppose to fired,that's unacceptable
Exactly.
Fired and charged, jailed.
those cops belong in prison
1: End Qualified Immunity and 2: Require Police Officers to have Professional Liability insurance tied directly to them as an individual, not in a municipal or Union/Gang pool (Like all of us other "Professionals" are Required to have) Bad cops would soon find themselves uninsurable and out of a Job.
push the insurance idea to your local politicians
given the multiple police abuse cases I doubt any insurance would want to carry any cops on their books.
End stupid people saying
No..
I'm not doing that.
What an idiot this moron was.
Both good ideas
@@djimiwreybigsby5263 so is 10 year mandatory mimimums for violent crimes and felons in possession of guns
So assault and excessive force is not a state crime. I don't understand how qualified immunity is applied. Qualified immunity should only apply to errors in law.
The traffic stop was legal and he was not following directions from the officers. They, the force was justified. Keep in mind he did have a gun in his vehicle.
@@sydtopia1 but would any reasonable officer draw his gun the moment the encounter started for a simple traffic stop? No explanation of the reason he was stoped was ever stated.
@@Wilsontripplets it looks like @Xtopia is either a bootlicker or a wilfully blind person to not see anything wrong with these two racist wyt cops mistreating this active black member of the military!!!
If I was a cop. I would be embarrassed on what n how they treated a military member. So wrong! I’ve watched this whole thing. Cops could have handle this better. Embarrassing.
it should be called Qualified Stupidity, they stopped him for no tags while they never even checked if the car would have a temporary registration sticker in the windows, visible on the dash cam video
This is why it's frightening to think of Black people being pulled over. I would have been terrified. Definitely not getting out of my car a bunch of people up with their guns pulled. The fact that these people have immunity is even more frightening.
Get real
The problem started when the Army officer didn't stop . He kept driving and no matter how high ranking military officer ...you stop ! yeah , yeah ...his excuse was it's too dark when they wanted to pull me over ....that's why they had lights on their vehicle . Those of us that been enlisted know of the officers acting like gods on base . Didn't work this time . Once cops gave lawful order to exit vehicle ...he still said no and threw around the Military officer card thinking he would get off.
100%. And I definitely wouldn’t be pulling over in some dark area either if a cop was stopping me. I don’t trust them one bit.
@@daviddomingo7768 he stopped at a well lit place. I would do that too.
@@jazzyj6640 that's the problem ...when the cruiser lights you up and they tell you to pull over , you don't get to keep going until you want . The guy kept driving for some blocks before finally pulling over. I have been pulled twice before for speeding. I pulled over , turned on my interior light. Didn't get I-rate with cops. Guess what , I didn't get shot and left with a warning .
The cops will lose this case 110%
I, certainly, hope the cops lose. One of the most ridiculous & abusive stops I’ve watched, short of them not physically roughing up the Lt. more than pepper spray. Good thing the Lieutenant, doesn’t have asthma.
Qualified Immunity is the crux of the issue. Cut that off and you want how officers start acting in these situations.
What do you think "qualified immunity" prevents happening?
@@martinwhite418 accountability
@@shaystern2453
"accountability " where? For what?
Haha. Yeah, okay, if u really think that will change it, you know nothing.
My state did away with qualified immunity but capped the dollar 💵 amount to 25k, not enough to cover the injuries or violations of our constitutional rights.
Most blue line serpents left and went to other states that still have qualified stupidity.
🐷🐷🐷🐷🐷act different now, more careful how they move.
His base commander should be all over this situation. The actions on the part of the police looked like an active combat zone. Why would anyone want fight for their country and come home and have to fight with the same individuals you're fighting for??? Lunacy!!
WELCOME TO THE BLACK MANS WORLD.
Why would anyone in the army services go out of there way to make it hard for police? Have a think about. He keep going on about how scared he was. We are picking people to go into the military that are pu**ies.
In the words of Mike tyson this is ludicrous!
I think if anyone in the military is falsely arrested or abused by the police; there should be dire consequences for the police. Like getting sued by the military or having the might of the federal and state governments falling down on police. I think people serving honorably in the military who have a clean record and who have committee bo crime should be granted a degree of special legal protection.
When a cop says you are gonna ride the lightning he is breaking your rights and acting on his own accord
Qaulified immunity? Ha! ! Two words: _NEEDLESS AGGRESSION_
For us the People & to teach those charged with the responsibility of usung force this _MUST_ go to trial
U.S law is a joke
Then go to venezuela where you can find comfort !
It's a country where they don't even have a basic human right like Healthcare what do you expect?
@@JSM. cry about it.
That was ridiculous. I believe a jury will think so also. Good Luck winning this sir. And thank you for your service! 💕
He got what he deserved 😂🤣
THERE WAS NO NEED FOR ANY OF THIS!! Why is there always a need for an investigation when you have a video of the entire proceedings...this young man is one of ours fighting for this country and he's treated in this manner...OH, HE'S BLACK!!
I’m a redneck but I have an open mind and I use to back the blue. When everyone started talking about defund the police I realized that I had information on the subject because I had never looked into the situation,o I started looking and man on man was I surprised how many LEO’s out here that don’t even know the first amendment let alone any of the others,and then when I learned about qualified immunity I was floored.
oh boy, if ya havent look up some videos on civil asset forfeiture.
That prove to you to investigate or watch before given your opinnion. I live in Australia, and the actions of the so call COPS it has a lot to desire for. At to it, racism and discrimination.
Any grown up person with any sense who doesn't think he was racially profiled is a fool..
At night? Behind limo tinted windows? You're funny...
This literally has NOTHING to do with being racially profiled, you and the 44 ppl that liked it are the only fools here instigating imaginary racism in this scenario
It's amazing. The paper tags are on the window..That's what the dealer put there.
Qualified immunity needs to go! For all public officials!
Most people have no clue what qualified immunity really is. Anecdotally I would say 90% of people who believe they are educated on qualified immunity actually are completely incorrect. And I say this respectfully, I presume you’re in the 90%. So I’m making this comment to hopefully have people do a little research and learn what it is and what it is not.
I’ll tell you what qualified immunity is not. First, it has nothing to do with criminal charges. It does not stop a cop for being criminally charge. It does not stop a cop from being fired. And it does not make taxpayers pay for the lawsuit instead of the cop individually.
Here is what qualified immunity is. It just prevents a cop from being sued for violating a persons right when the cop had no reason to know it was a right. One example of where qualified immunity was used, and I’m just remembering this off the top my head, is where a cop pull someone over for a traffic infraction, writes their ticket, and then waits 20 minutes in their car for a K9 dog to show up to smell for drugs. The person sued because they had a good lawyer and the court said you’re not allowed to just hold someone while you wait on the dog to show up, if the dogs there before the traffic stop is over then you can use the dog, but you can’t finish the traffic stop and just have the person wait there for the dog to smell around. That was a violation of the fourth amendment to the constitution. So do you really believe that they should be able to sue that cop for keeping them there for another 20 minutes? Do you really think any judge who believes a small technical right has been violated means that now you gotta do the cop individually. I think if people are fair and honest and objective most of them who are really doing those that three things will not believe cops should be able to be sued by people for making very small mistakes when they’re cops.
But there are problems with qualified immunity. I think sometimes judges give too much difference to cops. Sometimes you should be able to know if something reasonably is a violation of someone’s rights or not. But once a court who is over your state has told you this is a civil right, then qualified immunity disappears. Or if the cop should have known that was a civil right, qualified immunity also is not supposed to be used. But this is where I think sometimes judges give too much leeway to cops. But once A police department is told through a judge’s Opinion that this is illegal, qualified immunity disappears. And the judge doesn’t actually have to tell the police department, the judge just releases the opinion and the police department either hast to know it and if they don’t know it then that’s on the police department. So that’s what qualified immunity is.
A lot of people get qualified immunity confused with lawsuit indemnification. Completely separate. Lawsuit indemnification is the police department saying if a cop gets sued personally that they will handle all the legal expenses and any judgment against the cop personally. But that actually is not qualified immunity. But I understand a lot of people will not believe me when they read this comment. You’ll think I’m just dumb yahoo who doesn’t know what I’m talking about. And that’s very distressing that a movement who says they want to hold cops accountable, which I think is absolutely needed, does not even educate people correctly. That makes me wonder if certain movements really care about reform when they don’t even use proper language. Or if they just don’t have the ability to secret form because I won’t even look up the basic information. So I don’t even blame every day people. I’m not being mean about it or anything. But it’s the people who are supposed to be knowledgeable who are going around saying things that are not true, it just perplexes me so much. You know?a
In other words, if you are a public official, you can break any law to persuade your work. Even, kill if you feel it. That is totally wrong.
We need a federal law overturning the SCOTUS case from 1983? that established Qualified Immunity for Law enforcement. Somehow the nation did just fine from 1787 until 1983 with no qualified immunity for Law enforcement.
One thing I know is that too many laws "state" and "federal" allows the judiciary to play a dice game with people's life.
This case is a clear case of police brutality and heavy sanctions should have followed immediately.
I love Nigeria my country because no police officer will want to try this on military personnel. Especially when he/she is kitted. What I know they'll do is walk up to him and they talk things out amicably.
He won't even want to pull his gun out to point at him. But can copy out his service particulars if there is a need to bring him in for questioning.
That would be to rational for american cops when dealing with a brown man. Especially in virginia. All they see is skin colour
I think some of these cops need to be put back in their place. In the 60s they were community helpers, serve and protect. Now they think they are God
The cops enforce the laws, if you don't like the laws vote for different politicians. The way it is now people see cops and are afraid instead of being reassured.
@@philpugliese7049 more importantly, cops must obey the law first. They can’t enforce laws by breaking laws.
Not SOME. ALL
Cops haven't changed at all.
You weren't in the 60s, the cops were worse! Especially in the south. Check history.
All that over a tag?! Wow!
shame on you this is what happen when you have uncivilised unqualified Police officer in a Police Dept
No State laws were violated HAHAHA what a joke!
What law did the officers violate? Thank you in advance.
@@martinwhite418 Did you want me to list them all
@@mentalmoto763 Just the top 2, but I doubt you can come up with that. I'm not looking for your feelings here, I want actual, real laws.
@@martinwhite418 title 18 sec 242, 241 deprivation of rights, conspiracy to violate and deprive under the color of law. Assault and battery. Armed threat, terrorist threats, Coercion, racketeering, extortion, since the Lt. Didn't break any Laws what's so ever, everything the cops did was illegal!
@@martinwhite418 do you know anything about you freedom in this country? Or do you believe in communism and socialism?
Yeaaaaaa fierddddd!!!!i bet he is now the most disgruntled employee at Amazon ever!!#
***DO NOT EVER SETTLE!! IT ONLY HELPS THOSE WHO COMMITTED VIOLATIONS AT PENNIES ON THE DOLLAR*** no guilt for acts and no admission of "wrongdoing"" for public employee but everything STILL remains on your record!!! NEVER SETTLE!!!!!
Sometimes you have to. If it goes to trial and you lose, you still owe attorney fees and may even get a ruling against you for the opposing sides fees. You can literally lose everything if you lose the case, leaving settling as your only sensible option. Our legal system is a joke, and is rigged in favor of companies and the government.
@@jerwin2885 great point, but if you're in that position when facts and video aren't there to support that case, then they will not offer a settlement.
When they do, it shows that they would lose that case by judge or jury!
But almost always settled cases would cost the city more than money!
People are always intimidated into settling with the same old fears of losing! but remember ANY city would NEVER settle in the interest of justice, it's quite the opposite they settle to save face and buy your silence (with court orders not to disparage ALL entities involved)
This comment did not age well. I think this guy followed your advice, and he walked away with nothing. He got less than $4000 and that would’ve all went to Legal bills.
Bruh this video needs more views blow this up. They all need to be held accountable.
Why would the cop yelling at him stop him anyway. From the size of him he was due for 4 more burgers and 12 milk shakes for a snack since dinner was over at least two hours before.
Fatty Mcfatty
Exactly 🤣🤣🤣
Abolish qualified immunity!
Stop qualified immunity!
This is disgusting what they did to this man.
Cops did the right thing, dont take any crap.
Every time I see a video about this case. I can only say pure racism.
America is a scary country to live in. Wow.
Was coercion and intimidation addressed ? American citizen rights have become a big joke.
Why make it complicated its clear the cops got out of hand
These thugs had no respect for the military uniform
For any law abiding citizens or our constitutional rights.
This is anything but acceptable police conduct . The Judge needs to be reevaluated . There is no probable cause and shoving it off to civil trial is flat wrong . Both officers need jail time .
THE OFFICERS IN VIRGINIA WILL NEVER STOP BECAUSE THEY GET AWAY WITH WHAT THEY DO! I AM VERY SURPRISED THAT A JUDGE DID SOMETHING ABOUT THIS.
@@Steves_fish no
Yes
THE JUDGE CANNOT CHANGE THE FACT THAT QUALIFIED IMMUNITY IS LAW
@@keithgreen9009 seriously i am so sick of hearing that!!!
@@Steves_fish WHY.
If the officer had acted within State policy as they stated, then why was he fired? Their own actions contradict what they say..🤔
They cover for each other by any means necessary, besides most of the public serpents go to other counties, states to continue their corruption.
There’s a problem with policing when sometimes police are fired based on politics. Other times police are not fired based on police unions. They need to be a happy medium.
It’s very possible the cop was fired in large part because of politics. But I think The one cop telling the citizen “you should be” when the citizen said something about how he was scared to get out of the car. I think that was too bad of a look.
@@iMatti00 He was fired for cause and not politics ... no law enforcement officer should feel entitled to treat the public this way.
@@jaimeperry7326- Hi Jamie. You’ll have to look at my comment again. I said sometimes cops are fired because of politics and sometimes they’re not fired when they should be because of the police union. And I explained why I think this cop could have been legitimately fired.
But the public, at least a portion of the public, wanted both cops fired no matter what. And I don’t remember if the public was told the specific reason why the older cop was fired or not. I know some people in the public had a problem with the Citizen/driver being pepper sprayed. But I do wonder what a cop is supposed to do when a guy will not get out of a car when he’s order to do so and he has a gun next to him in the car. Or even if the cops don’t know he had a gun or not.
@@iMatti00 Maybe we shouldn't force people out of their vehicles in a battle of wills ... particularly over a misunderstanding about a missing tag. This was all about ego ... they were pissed that he didn't pull over immediately and they made him pay for it because they have a culture of bullying citizens. I also have doubts that a white man in uniform would have been treated the same.
I pray that he does not settle. Taxpayers are sick and tired of paying for cops arrogance, egos and complete ignorance of the laws they are trusted to uphold. They treat all citizens like criminals. We need real change in police behavior.
In. 2015. My family were on. Our way back to Dallas. Texas. From. Alexandria Louisiana from. My. Uncle funeral. On. The 220. By pass. 2 Shreveport Police. Officers. 1 offercer blocked. In front. And. One. In. Back exit. Their vehicle. With there weapons. Pointed at all 4 of us ordering us. To. The. Side of. The. Highway. I was driving. A 1967. Thunderbird. 4 door. With suicide. Doors. A classic. Car both. We're white. Policeman we are. Black. They ordered us to exit the. Car. With there weapons. Pointed at all 4 of us. My child who. Was. 15. But look older they question. Her. Without. My permission. And. Without a juvenile offercer present. Held us. For 2 hours. Without no. Reason. That's how the. Policeman are
The problem I have with the case is that the traffic stop was one that was absent of probable cause for a felony yet was treated as a felony. The stop, at the end of the the day was handled wrongly. That man was terrified and rightly so thus explaining the lieutenant's reactions to the situation at hand.
It just isn't right. Now it seems law enforcement will feel that it can treat people in this manner and get away with it.
It's bulljive! We're is the law and order here?
I think it's not enough to fire those police officers they should be jailed for assault.they assault the army who is cooperative with them.
Nope no oath all are guilty
This a land of the free and home of the brave..what a joke serving the country
What's the point in joining the army in Amerikkka? What a lost country you all have there. Cops suck!
Sadly, the younger officer watched & mimicked the irresponsible actions of the older officer. This entire situation was a train wreck.
Hw do they employ certain ppl those 2 officers r worst than wild animals
Absolutely bonkers!!!
Curious, who would settle for a check and who would go til the end for justice?
I would need more context. If he had put on his hazards slowed down. That is in an indication he was waiting to pull into a safe well lit space. This is what people are told to do if they don't feel safe on the side of the road at night. Most law enforcement officers should recognize this.
So the cops get qulified immunity, and any compo is paid for by the taxpayer!!! Make your own minds up on that.
Two cops were shot and killed in Tennessee just days ago. GEE, I wonder why.
Let's make this clear. After seeing the dealers tag in the window (the reason for the stop) a professional servant would have ended the issue there or shortly there after. This was escalated by these cops because they KNOW they WILL get away with it. It will be the tax payers that pay. These unprofessional servants will not post a dime, get free and often paid leave, then be back to harass and do it again. THEY GET AWAY WITH IT!!!
Eliminate qualified immunity
Why do you have to investigate what's clearly on camera 🤣🤣🤣🤣 this is just funny ASF
Maybe the LT needs to find some men on base who know how to do overwatch.
Hope the jury and judge awards the Army Officer $20 million!
If there was qualified immunity the public would be safer
They might need some laws changed if this video didn't break any of the current laws.
It’s normal for that PD to execute a Felony Stop procedure on a simple non felon traffic stop ?? What was the justification?? Police aren’t supposed to draw their weapon without legitimate cause - especially in well lit locations and with a partner (and no reason for doing so)
Makes me wander why I keep myself in the house and will not go it's to dangerous Boone co. Ky did that with my husband because they were gonna search his wife without a female cop around and it made no difference to the judge
It infuriated me to hear those two act all innocent and demeaning to him painting him as the bad guy and trying to save face once they realized they messed up.
Fired, that's ir.. bullsh$#. We need justice. This man fought for us.
Look like every one should do this for money.
The knee strikes were clearly punitive... The LT had pepper spray in his eyes.... And Guitierrez just wanted to keep giving orders without ever telling Nazario the reason for the stop...
That Judge defended the police he did adjudicate the case for the civilian. Those cops didn't have a good reason and did an illegal stop plus they are the aggressors here. They need to be in jail and anyone who has the opinion they did a good job needs to go there with them.
ONE OF THEM DID GET FIRED AFTER THE VIDEO WAS SHOWN.
No, they resigned
@@norml.hugh-mann Since they resigned, they still can be brought to court. Maybe it's not over.
They would have to pay through the nose in the millions for him to not take this to trial. He will absolutely merc them in court.
End qualified immunity , in some cases, and do NOT allow the PD to investigate complaints against themselves...' Nothing to see here..move on...'
Most people have no clue what qualified immunity really is. Anecdotally I would say 90% of people who believe they are educated on qualified immunity actually are completely incorrect. And I say this respectfully, I presume you’re in the 90%. So I’m making this comment to hopefully have people do a little research and learn what it is and what it is not.
I’ll tell you what qualified immunity is not. First, it has nothing to do with criminal charges. It does not stop a cop for being criminally charge. It does not stop a cop from being fired. And it does not make taxpayers pay for the lawsuit instead of the cop individually.
Here is what qualified immunity is. It just prevents a cop from being sued for violating a persons right when the cop had no reason to know it was a right. One example of where qualified immunity was used, and I’m just remembering this off the top my head, is where a cop pull someone over for a traffic infraction, writes their ticket, and then waits 20 minutes in their car for a K9 dog to show up to smell for drugs. The person sued because they had a good lawyer and the court said you’re not allowed to just hold someone while you wait on the dog to show up, if the dogs there before the traffic stop is over then you can use the dog, but you can’t finish the traffic stop and just have the person wait there for the dog to smell around. That was a violation of the fourth amendment to the constitution. So do you really believe that they should be able to sue that cop for keeping them there for another 20 minutes? Do you really think any judge who believes a small technical right has been violated means that now you gotta do the cop individually. I think if people are fair and honest and objective most of them who are really doing those that three things will not believe cops should be able to be sued by people for making very small mistakes when they’re cops.
But there are problems with qualified immunity. I think sometimes judges give too much difference to cops. Sometimes you should be able to know if something reasonably is a violation of someone’s rights or not. But once a court who is over your state has told you this is a civil right, then qualified immunity disappears. Or if the cop should have known that was a civil right, qualified immunity also is not supposed to be used. But this is where I think sometimes judges give too much leeway to cops. But once A police department is told through a judge’s Opinion that this is illegal, qualified immunity disappears. And the judge doesn’t actually have to tell the police department, the judge just releases the opinion and the police department either hast to know it and if they don’t know it then that’s on the police department. So that’s what qualified immunity is.
A lot of people get qualified immunity confused with lawsuit indemnification. Completely separate. Lawsuit indemnification is the police department saying if a cop gets sued personally that they will handle all the legal expenses and any judgment against the cop personally. But that actually is not qualified immunity. But I understand a lot of people will not believe me when they read this comment. You’ll think I’m just dumb yahoo who doesn’t know what I’m talking about. And that’s very distressing that a movement who says they want to hold cops accountable, which I think is absolutely needed, does not even educate people correctly. That makes me wonder if certain movements really care about reform when they don’t even use proper language. Or if they just don’t have the ability to secret form because I won’t even look up the basic information. So I don’t even blame every day people. I’m not being mean about it or anything. But it’s the people who are supposed to be knowledgeable who are going around saying things that are not true, it just perplexes me so much. You know?c
All he had to do is get out of vehicle! I was active duty in the Marine Corp. We are instructed at each duty station either in America or foreign countries, to follow the instructions of any local law enforcement officers commands or instructions explicitly!
The cops even mentioned to themselves there's the temporary license tag after they pepper sprayed and put him on the ground and they fired the cop who pepper sprayed the Lt. so something had to be wrong with the detainment of the Liuetenant.
Comply or die. For no tags. Oh there on the window stupid. It was a new car . Draging people out of their car for no threat has to stop. This was a drive why black if I was on the jury. The problem the officer had was NO RAS. Like the judge as said no crime was committed.
The knee strikes were clearly punitive... The LT had pepper spray in his eyes.... And Guitierrez just wanted to keep giving orders without ever telling Nazario the reason for the stop...
Those cops need to go to prison and drop the soap
let's thank the Supreme Court for the way citizens are treated by the cops, troopers, sheriff's and the DA's and Judges that allow this
No stete laws were violated is a damning indictment on the IS system of justice.
He is a military officer and should not be treated like that.
That's kicking the can down the road.
There's No Such Thing As Justice In this Country...
Sad
Never hesitate to litigate. Make them pay each and every time!
Fire the cops. And the chief Crocker’s got to go .
That was horroble this coops should be fired and pay for the damage to the lieutenent.
As always - - - - - people talk about emotions.... Not law.
He black and in the army.. That should of helped the officers.
Racism is in the society. The army has it, the police have it.
As people say," he baited them." Then the police should be trained,
But they are not. Being baited does not give the police to do wrong.
Emotions are not law. Police are protect by law no matter what they do.
With that knowledge - - how can thing improve. The public then is at risk
from the meaning us VS them. I think he had, I know he tried, I saw him sweating,
the public should light a candle for dead at the hands of police.
Finally justice!! NO way to treat our veterans. This is when IN SERVICE! Imagine how we get treated AFTER service? Veterans deserve more!
He needs to sue for the maximum compensatory and punitive damages, they ruined the soldiers career and violated his civil rights
Violence for the sake of violence
🔥🐷🐷🔥
He went home and told his fat wife and laugh about it.and she said do my father law like that lol
He got fired good the jury will look at the tape ans see he was violated and grant him his reward period the tape tells all the cop was very agressive like he hated him if that was a white soilder it wouldve been different well firing him told everyone that he was wrong
Hopefully they haven’t altered it to hide their corruption and violating his constitutional rights.
This outcome effect all laws with regards to how serpents are allowed to treat us and our constitutional rights.
Daniel Crocker Excessive boars biased what is he using pepper spray during an infraction for anyways that’s that high school diploma at work
And he won LESS than 4 thousand dollars in his civil suit 😳.. While others get hundreds of thousands & even millions. But he gets less than 4 grand? Wow thats horrible if its true.
Good someone got fired. Those cops are scary. They should be put in prison.
Hello,get your own jury,you know how they do us,back and now day's.
When these cops get shot you don’t feel bad for them or their families. But they are called heroes when that happens