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View Full Version : You can't sue a cop, personally, BUT it seems that the opposite is true.




Anti Federalist
06-30-2013, 12:58 PM
At least in California.

I'm not sure what this Marsy's Law is, but it appears to be a law that allows cops, rescuers and first responders to sue you, personally, if you are charged with crime in connection with whatever you got rescued from.



California responders suing teen hikers for recovery costs, medical bills

Published June 30, 2013
FoxNews.com

http://www.foxnews.com/us/2013/06/30/california-responders-suing-teen-hikers-for-recovery-costs-medical-bills/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+foxnews%2Fnational+%28Interna l+-+US+Latest+-+Text%29#ixzz2Xj8ODOlV

Some of the participants in the rescue of two hikers lost during a trek into the southern California wilderness earlier this year are now suing the duo after authorities found methamphetamine in one of their cars.

The newspaper, OC Weekly, reports the Orange County Fire Authority, as well as Nick Papageorge, a 20-year-old volunteer, are trying to recover costs sustained in relation to the effort that made headlines this spring.

The OCFA, for its part, wants the $55,000 it spent to find Nicholas Cendoya, 19, and Kyndall Jack, 18, after the pair disappeared Easter Sunday in Tabuco Canyon.

And Papageorge, who fell off a 110-foot-high cliff during the rescue effort and later required the insertion of several screws into his back, is suing for $350,000 in incurred medical bills, OC Weekly reports.

Both the OCFA and Papageorge are reportedly citing Marsy’s Law, or the California Victims Bill of Rights, in their lawsuits.

Sheriff’s deputies discovered nearly 500 milligrams of methamphetamine in Cendoya’s car, while the teenager was still lost.

(Love how they listed that: 500!!! Gasp!!! Oh wait....that's half a gram, about the smallest amount sold. Maybe $40 worth. - AF)

Cendoya has reportedly been hit with criminal charges that may result in as much as three years in prison.

The successful rescue effort required four days, 1,900 man-hours, and $160,000, according to several media sources. Orange County supervisors decided in May the hikers won’t be charged the $160,000 it took to find them.

A judge will consider the Marsy’s Law claims at Cendoya’s scheduled July 12 arraignment, according to OC Weekly.

jclay2
06-30-2013, 01:10 PM
Just another reason to hate lawyers.

MoneyWhereMyMouthIs2
06-30-2013, 02:22 PM
Sheriff’s deputies discovered nearly 500 milligrams of methamphetamine in Cendoya’s car, while the teenager was still lost.

(Love how they listed that: 500!!! Gasp!!! Oh wait....that's half a gram, about the smallest amount sold. Maybe $40 worth. - AF)


I've never taken meth before, but I thought it was supposed to make you MORE alert. Glad they were busy looking through his car. Had he been in the ashtray, console, or glovebox, they might have missed him.

phill4paul
06-30-2013, 02:32 PM
Hey Mr. First Responder. Do you get payed a salary, have a pension fund and get medical insurance. Then get off you ass and go, you know, DO YOUR JOB.
Hey, Mr. Volunteer. Did you check out the dangers inherent while participating in this endeavor before, you know, YOU VOLUNTEERED?

SMFH.

Flugel89
06-30-2013, 02:45 PM
500,000,000 Nanograms?!? That's a LOT!


/Sarc

tod evans
06-30-2013, 03:08 PM
http://www.twowheelforum.com/images/smilies/hang.gif Get a rope! :mad:

ghengis86
06-30-2013, 03:12 PM
500,000,000 Nanograms?!? That's a LOT!


/Sarc

Oh noes! Think uf teh chilldrin!

Qdog
06-30-2013, 03:17 PM
Trust me, you can sue a cop. Its just not worth it cause they generally don't have any money. Thats why people sue the cities. They often get multi million dollar settlements from them too.

Its really a shame for the taxpayers too. They are the ones that really get shafted.

Anti Federalist
06-30-2013, 05:25 PM
Trust me, you can sue a cop. Its just not worth it cause they generally don't have any money. Thats why people sue the cities. They often get multi million dollar settlements from them too.

Its really a shame for the taxpayers too. They are the ones that really get shafted.

I'd like to know how.

Qualified immunity only applies to suits against government officials as individuals, not suits against the government for damages caused by the officials’ actions. Although qualified immunity frequently appears in cases involving police officers, it also applies to most other executive branch officials. While judges, prosecutors, legislators, and some other government officials do not receive qualified immunity, most are protected by other immunity doctrines.

http://www.law.cornell.edu/wex/qualified_immunity