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Supreme Court: Handcuffed man can't sue UHP for injuries
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It is time we sweep out the stale and unpredictable career oriented government and renew it with fresh blood. Those who have a Constitutionally sound foundation. Every branch of this government has become bigger than the very thing it was designed to protect. In other words the program has become more important than the purpose of the program.
Extremely disappointing.
It's not like they intentionally face planted the dude, who by the way, had committed a crime.
The constitution is to protect us against jack booted thugs, not UHP Troopers acting in the line of duty.
Allowing a lawsuit to continue in this case would have just cost us all money and not accomplished anything except making some ambulance chasing lawyer a fistful of money.
You really think this guy is entitled to umpty-million bucks of taxpayer money because he fell while trying to be combative with the cops? (While plastered out of his mind, and after having been driving drunk, let's not forget.)
This was a nuisance lawsuit and the only real outrage is that it got as far as it did. The plaintiff couldn't handle the responsibility that comes with drinking, so he drove. Couldn't take responsibility for his DUI, so he fought, and look what it got him. So he sued, since nothing else must be his fault, of course he'd better sue over this, right?
The court should order this idiot to reimburse legal fees to the state for this frivolous suit.
Since when is it your "Inalienable right" to fall on your face and get paid for it?
The "Rights" some people assume are enumerated in the Constitution vs the ones that actually are, but many Americans are perfectly willing to dismiss them (like 2nd ammendment rights) just amazes me.
Do you REALLY think if you are cuffed and decide to run and trip and fall, you have an inalienable right to sue the officer???
"Since when is it your "Inalienable right" to fall on your face and get paid for it?"
The moment the officer chose to take him into his custody. Had he had his hands free he may have been able to prevent himself from falling on his face by putting his arms out.
"The "Rights" some people..."
The Constitution also makes it clear that we retain rights that aren't enumerated but it is even more explicit in enumerating the "right of the people to be secure in their persons..."
"Do you REALLY think if you are cuffed and decide to run and trip and fall, you have an inalienable right to sue the officer???"
Yes I do and you and the 3 people who agreed with you are wrong.
This is what this is about: the officer violated his rights then those who agree with him violated his rights by making the ruling they did. You asked the question and I answer: YES IT IS AN INALIENABLE RIGHT EVEN IF THOSE WHO DON'T THINK SO DISAGREE. If the government chooses to take you into its custody they have a duty to keep you secure because you are unable to.
It wasn't the cop's fault. Peck willfully endangered himself.
Yes! It is the right of anyone to expect "safe treatment" while in the custody of the UHP. That right is guaranteed by the constitutions (federal and state).
But no! The accused does NOT have the right to expect that there will be no possible harm as a result of HIS negligence. The officer, in trying to "slowly take down the suspect to the ground," was trying to make sure the suspect (who was shouting at the officers) didn't injure himself. What resulted was an "accident" mitigated by the actions of the suspect.
Mitigated? Are you retarded? Or just plain dumb? Because you obviously don't know the meaning of mitigated. In using mitigated you are saying that the "actions of the suspect" made this accident less severe? If anything you should be arguing the actions of the officer were the mitigating factors since it would be consistent with your argument.
Every suspect has the right to be secure in their persons even when they are being hostile, resistant or being dumb. You say that this was as a result of the negligence of the suspect but it isn't. It was a direct result of him resisting arrest but yet the officer had the higher duty and responsiblity.
We are lucky that the man didn't break his neck in the fall and was killed because we would be talking about that. If the officer stepped away, let him fall and he died would you be arguing the same? If yes, you are evil!
No one is immune . Not that the officer does not have the right to place this person under arrest for SUSPICION OF DUI. I'm simply saying that when you and I can be sued for negligence when we stop to help an injured motorist and our well intentioned efforts may lead to permanent injury or death, that same court will demand payment for that negligence.
If the inalienable rights are left for a few men and women in black robes to determine, then we have no inalienable rights and they become the creator. As Jefferson declared the Supreme Court is subject to the Constitution not the Constitution to the Supreme court.
His right to be secure in his person was transfered to the state and they were negligent.
re: His Rights. It is you who needs to get a clue about the broad rights of the individual and the narrow enumerated rights of the state. He only surrenders some rights if and when he is convicted.
He doesn't need to get a clue but you need to get a clue!
"Just because you said it is an inalienable right doesn't make it so. His rights were in no way violated and to think they were takes some extemely distorted thinking."
Just because you say it isn't an inalienable right doesn't make it so. His rights were violated in several ways and to think otherwise takes some extremely retarded thinking on your part.
"He took some of his own rights away when he chose drink and drive. I am glad the UHP arrested him before he took away my right to life."
I guess your life is more important than his so you give your buddy the cop the right to put his life on the line because he did it to you by driving drunk. Poor you! His family doesn't deserve justice even though jerks like you could have caused his death. Is that you Officer Moron?
"Luckily HIS stupid decision only led to HIM getting a boo boo. HIS rights, whatever."
Your rights. Whatever. I coulod care less if you died because your right to life risked his evil jerk.
This Constitution does NOT say we ONLY have life, liberty and the pirsuit of happiness.
It says these are AMONG the OTHER "certain unalienable rights"
The problem with a judicial system that answers to NO electorate is the meaning and intent of the Constitution had been so thoroughly bastardized that we do not insist on these rights that have NOT been deliniated.
remember: "...AMONG these are life liberty and the pursuit of happiness".
The Constitution also gives ALL rights to the STATES and citizens that have not been specifically given to the Federal Government. We have given up our birthrights in most cases.
The Supreme Court of the United States has stolen them from us with our own political complicity.
We have met the enemy and it is us!.
I agree with you! If I helped someone and caused their death as a result of my negligence I could easily be sued yet this officer placed this man's life in danger. If the article is correct and this man was driving under the influence he placed the life of others at risk, he could be sued for his act of negligence if he caused their deaths.
Had he caused them injury or death as a result of his driving they would be able to sue in addition to criminal action yet the actions of this officer acting on their behalf isn't able to be sued even though his actions directly caused and contributed to this man falling and injuring himself. Had he died the Supreme Court would have likely made the decision in a case involving his family.
They wouldn't get justice!
Certain rights are inalienable and some of those rights are life, liberty and to be secure in our person.
If the state is going to take us into their custody and deprive us of our liberty they must ensure we are secure in our persons and their actions don't cause our deaths or injury.
"It is the nature and disposition of almost all men as soon as they get a little authority as they suppose they will immediately begin to exercise unrighteous dominion." (D & C 121:39) Experience has witnessed to me this truth.
When will this people wake up to the fact that government officials are not gods. They are supposed to be servants of the people, bound by the limitations of the Constitution (The Supreme Law of the Land).
Is the servant greater than the Master. By what authority can man act as such. That is why rights are referred to as inalienable. Men can only suspend them with limitations until they have been proven to have violated another's.
Otherwise why not just authorize those with a badge to shoot all lawbreakers according to their discretion. Appease the taxpayer.
Since laws exist to preserve justice and moral law is the measure by which laws are formulated then as Jefferson stated, "State a moral case to a ploughman and a professor. The former will decide it as well, and often better than the latter, because he has not been led astray by artificial rules."
Jefferson also declared, "Laws are made for men of ordinary understanding and should, therefore, be construed by the ordinary rules of common sense. Their meaning is not to be sought for in metaphysical subtleties which may make anything mean everything or nothing at pleasure."
That is not to say that this Supreme court has been off the reservation on every ruling. I think they have been right more times than not, but some of their recent rulings seem to contradict previous rulings depending on whether the defendant is powerful or small.
dryer-mobile be sent to dry the area of the arrest. The Dui limo should have been sent so the (alleged) suspect could be served an ice cold beer by our public servants (UHP) so he could relax before any testing or arrest had taken place.
I just can't understand how people can be so mean to (alleged) criminals who have no regard for the law. Shame on you UHP, next time you make a stop be
sure that the sky is blue and there is no obstacles that could cause harm to (alleged)criminals. Also make sure that you take your happy pills so the (alleged) criminal feels comfortable during the arrest.
Three cheers to Life, Liberty and the (happy) pursuit of (alleged) criminals.
Talking as if you are a lawyer and basing your opinions on what a news article says. We know we can trust all journalists to be asbolutely ethical and honest and unbiased. If you believe that I have several bridges and a few islands west of Nevada to sell you.
1.I thought that governmental immunity (sovereign immunity)was in the constitution. article 2 and the 11th amendment.
2. Good Samaritan laws in every state protect good intention efforts to help injured motorists and others who act in good faith to help injured people.
3. Peck was not injured by the actions of the UHP. Being arrested does not place a responsibility on the officer to suspend the law of gravity. Did the officer make a reasonable, good faith effort to protect Peck? I think so.
A drunk falling down does not sound like police brutality to me.
Hardly a "high level government official"; just one of the lowest level employees in the prosecutors office. Not one to make policy or even advise policy.
no need to inflate anything here.
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