George Floyd Toxicology Report

[trekrok]

Court TV caption this morning - "State asks they be able to suggest Floyd was not resisting arrest but unable to comply due to anxiety."

So, all police need to do is make sure they aren't causing anxiety to the suspect when cuffing them and putting them in the car. Seems simple enough. Maybe they can carry a 'stress' chart similar to one of those pain charts in the hospital with the smiley face on one end and a frown on the other. Just have the suspect point to the level of anxiety they are experiencing so the officer can determine if the person can be cuffed or not.

 

[trekrok]

In any case, I'm for eliminating immunity for cops. I don't have immunity from prosecution in my FAA regulated job, my wife doesn't have it in her extremely risky anesthesia job. We are held to account for our actions. Our employers are accountable too - cops aren't any different.

In principle I agree, but wouldn't they get sued by about 80% of the people they arrested? They'd have to set up a new division to handle claims.

 

[THAT Gurl]

Ehhhhh ... I honestly wish NARCAN hadn't been invented.

OH ... And actions have consequences. Neither the drug addict, nor his "oppressor" were particularly bright.

 

[TedKennedy]

In principle I agree, but wouldn't they get sued by about 80% of the people they arrested? They'd have to set up a new division to handle claims.

And.....? I'm not at all on the BLM bandwagon, but even a broken clock is right twice a day. Militarized police, qualified immunity, seizure of property without due process...yeah, the system is in the pit.

 

[JD8]

Maybe. City may throw cop under the bus, fire him, distance themselves as much as possible in order to avoid bearing responsibility.

In any case, I'm for eliminating immunity for cops. I don't have immunity from prosecution in my FAA regulated job, my wife doesn't have it in her extremely risky anesthesia job. We are held to account for our actions. Our employers are accountable too - cops aren't any different.

The city will do that in most cases anyways from what we've seen as of late. Doesn't change anything I said as it won't change a thing in terms of liability. Attorneys make their living off contingent liability and this will just open the flood gate to make them and insurance companies rich. Not really gonna change much to hold people accountable.

99.9% of the time, in either "FAA regulated" jobs, or jobs with where Med Mal would come into play, the attorneys don't typically care to sue the individual as they will sue the employer and their insurance policy. Otherwise, there's typically no money in it. Which is what will happen here. At best, LEOs will have to get some sort of professional liability policy, it will respond to an incident, if it's a bad one, the attorney just asks for the limits of the policy. In that case, the insurance company will pay, and everyone goes down the road. Sucks, but them's the breaks.

Edit: also forgot, one of the biggest problems in healthcare is being sued by patients you didn't treat. The irony is that healthcare providers are being sued because they don't want to take on the risky cases due to being sued. On the flip side they sue them when they don't. It would be interesting to see how this precedent would play out with LEOs?

 

[TedKennedy]

99.9% of the time, in either "FAA regulated" jobs, or jobs with where Med Mal would come into play, the attorneys don't typically care to sue the individual as they will sue the employer and their insurance policy. Otherwise, there's typically no money in it. Which is what will happen here. At best, LEOs will have to get some sort of professional liability policy, it will respond to an incident, if it's a bad one, the attorney just asks for the limits of the policy. In that case, the insurance company will pay, and everyone goes down the road. Sucks, but them's the breaks.

A lot of folks in medicine have to carry their own malpractice insurance. Might be good for cops to do the same. Not saying it will happen, but damn it'd be nice for individuals to take care of themselves.

 

[JD8]

A lot of folks in medicine have to carry their own malpractice insurance. Might be good for cops to do the same. Not saying it will happen, but damn it'd be nice for individuals to take care of themselves.

Wait..... are you asking that the government require LEOs to get Professional Liability insurance like Docs do in some states? You feelin ok?

I don't disagree with the premise of all this, I'm just saying the accountability won't go as far as you think. See Healthcare for reference. The only time anything really happens is when the cost to insure someone professionally becomes so cost prohibitive that they can't find an employer willing to take them on. Of course, that's a slippery slope too, due to false claims.

 

[Tanis143]

In any case, I'm for eliminating immunity for cops. I don't have immunity from prosecution in my FAA regulated job, my wife doesn't have it in her extremely risky anesthesia job. We are held to account for our actions. Our employers are accountable too - cops aren't any different.

Do you really understand what qualified immunity is for? You can still sue a cop IF you can prove they violated your civil rights. What it stops is every low life suing a cop anytime they get pulled over. It is the same type of law that is (supposed to) shield gun manufacturers from liability when their firearms are used in criminal acts. They can still be used for loss due to faulty design or craftsmanship. That is why the word "qualified" is in qualified immunity and its not just immunity.

 

[TedKennedy]

Wait..... are you asking that the government require LEOs to get Professional Liability insurance like Docs do in some states? You feelin ok?

I don't disagree with the premise of all this, I'm just saying the accountability won't go as far as you think. See Healthcare for reference. The only time anything really happens is when the cost to insure someone professionally becomes so cost prohibitive that they can't find an employer willing to take them on. Of course, that's a slippery slope too, due to false claims.

No, I'm not asking for anyone to be forced to do anything. Simply remove the blanket coverage and leave it up to the individual.

 

[TedKennedy]

Do you really understand what qualified immunity is for? You can still sue a cop IF you can prove they violated your civil rights. What it stops is every low life suing a cop anytime they get pulled over. It is the same type of law that is (supposed to) shield gun manufacturers from liability when their firearms are used in criminal acts. They can still be used for loss due to faulty design or craftsmanship. That is why the word "qualified" is in qualified immunity and its not just immunity.

Yes, I understand. No, I don't agree with it.

BTW - every person that gets pulled over and might sue may not be a low life.