TX - Cops shoot innocent, unarmed man in his driveway. No compensation for his injuries.

[Anti Federalist]

George Zimmerman's only mistake was not to get a tin plated, government issued, badge first.


Qualified Immunity Strikes Again

Wednesday, April 4th, 2012

http://www.theagitator.com/2012/04/04/qualified-immunity-strikes-again/

Cop runs license check on a suspicious vehicle.

Although they apparently committed no traffic violation, cop insists that his decision to run a check had nothing to do with the fact that the occupants were black, and happened to be driving in an affluent, predominately white neighborhood. The cop’s partner apparently then enters the wrong license number, which returns a car that had been reported stolen. So cop follows car into driveway, which happens to be the home of the driver’s parents, where he lives. Cop approaches driver and occupant with his gun drawn. Driver’s parents come out to see what’s causing the commotion. Cop roughs up driver’s mother. Driver gets up from ground to tell cop to lay off of his mother. Cop shoots driver, a full 32 seconds after pulling into the driveway.

The driver, who was unarmed, will now carry a bullet in his liver for the rest of his life. The cop was charged with first degree aggravated assault.

A jury acquitted him.

Now this week, U.S. District Judge Melinda Harmon dismissed the driver’s lawsuit against both the cop that fired his gun and the cop who entered the wrong license plate number, citing qualified immunity. According to Harmon, the officer acted “reasonably,” and moreover, wrongly accusing an unarmed man of stealing a car, pointing a gun at him, then shooting him in the liver, “did not violate [his] constitutional rights.”

Both cops are back on the force. The guy with the bullet in his liver? Tough luck. He’ll be paying his own medical bills.

I guess the lesson here is that if you don’t want to get shot in the liver by a police officer in Bellaire, Texas, don’t drive the car you own and haven’t stolen to your parents’ house, where you happen to live. Or maybe the lesson is to not voice your objections when a cop pushes your mother after she asks why he’s pointing a gun at you, who have done nothing wrong. Or maybe the lesson is to avoid having a cop imagine that you’re reaching toward your waistband for a weapon that doesn’t exist.

Or maybe the lesson is just don’t be black in Bellaire, Texas.

[Pericles]

Or maybe the lesson is just don’t be black in Bellaire, Texas.

That right there. That part of Houston does not have black people.

[Stupified]

A jury acquitted him.


I will say this as I have said it many times before: This country is not worth the effort of saving.

[heavenlyboy34]

To be expected when committing a DWB (driving while black) in a police State. :( :mad:

[TheTexan]

Or maybe the lesson is to avoid having a cop imagine that you’re reaching toward your waistband for a weapon that doesn’t exist.

Or maybe the lesson is to avoid having the cop see you reach for a weapon that does exist.

Disclaimer: I am not advocating violence against cops. I would never suggest such a thing. Self defense... is another matter entirely

[Anti Federalist]

And, while there can certainly be the case made that this whole mess started with a DWB offense, don't let that kid you.

These cops will gun you down in a heartbeat, no matter what color you are or how much money you have.

The only difference might be whether they pay out to your family for the funeral or not.

[heavenlyboy34]

And, while there can certainly be the case made that this whole mess started with a DWB offense, don't let that kid you.

These cops will gun you down in a heartbeat, no matter what color you are or how much money you have.

The only difference might be whether they pay out to your family for the funeral or not.
Of course. Didn't mean to imply otherwise. Mundanes are target practice for thugs in blue. (as well as easy extortion/theft victims) :(

[TheTexan]

Or maybe the lesson is this will only continue and get worse as long as we remain citizens of this country, secession please

[Brian4Liberty]

These cops will gun you down in a heartbeat, no matter what color you are or how much money you have.


As illustrated by the Erik Scott case.

[Pericles]

As illustrated by the Erik Scott case.

And it will continue as long as rounds only fly in one direction.

[NewRightLibertarian]

And, while there can certainly be the case made that this whole mess started with a DWB offense, don't let that kid you.

These cops will gun you down in a heartbeat, no matter what color you are or how much money you have.

The only difference might be whether they pay out to your family for the funeral or not.

Yep, they've proven color blind in their blood lust. I think they used to target minorities predominantly to get their system down pat before rolling it out to the whole population


Or maybe the lesson is this will only continue and get worse as long as we remain citizens of this country, secession please

Amen

[Kodaddy]

If I was a neighbor witnessing this, do I have the right to shoot those who put others' lives in danger?

[Anti Federalist]

If I was a neighbor witnessing this, do I have the right to shoot those who put others' lives in danger?

Sure you do.

Try exercising that right however.

[phill4paul]

And it will continue as long as rounds only fly in one direction.

This. An ARMED society is a POLITE society. Especially concerning those with 'qualified immunity.'

Combat Qual (ified immunity).

This shit is not getting 'out of hand.' It IS 'out of hand.'

The ONLY way that citizens can counter this is by bringing the same level of Circular Force Continuum that is used against them.

And NO I am not calling for insurrection, 'open hostility' or anything else that would get me banned. I'm simply giving warning. Until citizens are willing to give as good as they get this will go on. And on. And on. Every single day in cities and towns across the U.S.

There is no redress of grievance when you are staring up at six feet of soil.

[Pericles]

If I was a neighbor witnessing this, do I have the right to shoot those who put others' lives in danger?

(a) Except as provided in Subsection (b), a person is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other's use or attempted use of unlawful force.

(b) The use of force against another is not justified:

(1) in response to verbal provocation alone;

(2) to resist an arrest or search that the actor knows is being made by a peace officer, or by a person acting in a peace officer's presence and at his direction, even though the arrest or search is unlawful, unless the resistance is justified under Subsection (c);

(3) if the actor consented to the exact force used or attempted by the other;

(4) if the actor provoked the other's use or attempted use of unlawful force, unless

(A) the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter; and

(B) the other nevertheless continues or attempts to use unlawful force against the actor; or

(5) if the actor sought an explanation from or discussion with the other person concerning the actor's differences with the other person while the actor was:

(A) carrying a weapon in violation of Section 46.02; or

(B) possessing or transporting a weapon in violation of Section 46.05.

(c) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

(d) The use of deadly force is not justified under this subchapter except as provided in Sections 9.32, 9.33, and 9.34.

[phill4paul]

Sure you do.

Try exercising that right however.

No, exercise it. Do it daily in every town and city across America. I have already decided I will NOT hesitate. Regardless of outcome. There comes a time to end it. That time has come for me.

I have no family or children. So I guess that makes it an easy decision for me. For others. Not so easy.

[specsaregood]

The cop’s partner apparently then enters the wrong license number, which returns a car that had been reported stolen.
What are the odds of that happening? on accident? I can see keying in the wrong number; but one that just happens to be a valid number of a stolen car?

[mport1]

Police are just a large, violent gang with funny costumes and badges. Until people start realizing that, they will continue to run amok and commit thefts, assaults, and murders with little fear of repercussion.

[Anti Federalist]

What are the odds of that happening? on accident? I can see keying in the wrong number; but one that just happens to be a valid number of a stolen car?

I was hoping somebody would pick up on that.

+rep

[phill4paul]

How long did it take before the colonists began pushing back against the standing Army of the British Empire?

[NewRightLibertarian]

How long did it take before the colonists began pushing back against the standing Army of the British Empire?

I fear that it's going to end in widespread violent conflict. I don't see the empire doing anything but becoming more repressive and evil from this point on. I thought the bankruptcy was going to mean that they'd have to relent, but they've only become more emboldened as a result of it. It's becoming inevitable.

[aGameOfThrones]

No, exercise it. Do it daily in every town and city across America. I have already decided I will NOT hesitate. Regardless of outcome. There comes a time to end it. That time has come for me.

I have no family or children. So I guess that makes it an easy decision for me. For others. Not so easy.

Is it wrong that I added you to a Terrorist watch list?

[phill4paul]

Is it wrong that I added you to a Terrorist watch list?

One does not enter into the Game of Thrones lightly. ;) I ain't afraid and I'm not looking for trouble. I've just come to the point where I won't abide it in my presence. So no big 'plot' going on. No 'threats.' Just an exercising of my rights to not be beaten, shot, invaded, extorted etc. etc. etc. or have neighbors, family, friends and other citizens receive the same.

[coffeewithchess]

I will say this as I have said it many times before: This country is not worth the effort of saving.

I work fast food for a living (if you can call it that), and this has pretty much become my sentiment over the last year. There's only so many stupid people you can deal with repeatedly, before you realize...there's not much chance at correcting the problem. Stupid people will be stupid people. You can take a horse to water, and get it to drink ...but an idiot is an idiot.

[aGameOfThrones]

One does not enter into the Game of Thrones lightly. ;) I ain't afraid and I'm not looking for trouble. I've just come to the point where I won't abide it in my presence. So no big 'plot' going on. No 'threats.' Just an exercising of my rights to not be beaten, shot, invaded, extorted etc. etc. etc. or have neighbors, family, friends and other citizens receive the same.

When you play the Game Of Thrones, you win or you die.

[phill4paul]

When you play the Game Of Thrones, you win or you die.

It is known.

[specsaregood]

I was hoping somebody would pick up on that.
+rep

For me this would be the smoking gun. What was the victims plate #? What was the plate # entered? how close were they? there must be a log somewhere that records which plate #s are searched upon.

[Anti Federalist]

For me this would be the smoking gun. What was the victims plate #? What was the plate # entered? how close were they? there must be a log somewhere that records which plate #s are searched upon.

Yeah, on a sticky note on every cop's SCMODS computer.

Texas Customized Plate:

ISHOOTPPL

Comes up as a "stolen" every time.

[Brian4Liberty]

What was the victims plate #? What was the plate # entered? how close were they? there must be a log somewhere that records which plate #s are searched upon.

That's a good question. Too bad the hard drive on their computer went bad that night and corrupted a few records.

[Justinfrom1776]

We should have a sub-forum labeled "Police State".. It would be nice to have all of these atrocities cataloged for reference.

[Pauling]

We should have a sub-forum labeled "Police State".. It would be nice to have all of these atrocities cataloged for reference.

I think that's a great idea. I've been trying to convince my family (mainly my dad) not to trust cops. It would be great to point him to something that would bolster my argument.

[mrsat_98]

This fellow that got shot has an attorney that was not on his side. Just from reading the article I suspect this case got dismissed on rule 12 b 6 fails to state a claim on which relief can be granted, i.e. we did it all but we are immune which is correct. The cop in his official capacity is immune under these circumstances. However they are not immune in their individual capacity. The 12 b 6 motion could have easily been countered with a motion for summary judgment against the cops individually.

Dude got sold out by his attorney.

[Czolgosz]

Less talk and more separating from the subservient class. There's FSP, talk of Texas and northern California. Need more minds to help rebuild a Constitutional society.