I've been sued!!
The True Right
05-11-2004, 21:53
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
Brittanic States
05-11-2004, 21:55
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
Fuck man Im sorry to hear that, although I bet you wish you had shot the little shit ?
I dont know the US legal system at all man, but good luck when it comes to court.
The True Right
05-11-2004, 21:56
Fuck man Im sorry to hear that, although I bet you wish you had shot the little shit ?
I dont know the US legal system at all man, but good luck when it comes to court.
I have a good lawyer so I'm not too worried. Unless he hires John Edwards.
Brittanic States
05-11-2004, 21:59
Dude I just had a thought- you think the Mayor actually wants you standing up in court saying his little shit of a brat was ripping up bush signs? (Im presuming your very own "diamond Joe Quimby" is a democrat?)
Maybe the summons is just to scare ya and they arent gonna go to court for real?
New Shiron
05-11-2004, 22:04
in my state (which is in California) pulling up election signs is a felony... so the Police dropped the charges? How about the Sheriffs Department, or the State Police? They might be interested.
Either way, most juries tend to side with property owners when you have hard evidence of criminal activity being conducted on your property.
Why not countersue them for their filing a groundless lawsuit?
Sanctaphrax
05-11-2004, 22:06
America, land of the pointless lawsuits.
Jonothana
05-11-2004, 22:07
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
Serves you right for supporting Bush! But seriously, you have a very good case.
Petsburg
05-11-2004, 22:08
America, land of the pointless lawsuits.
Make that Inane court rulings and compensation claims.
The True Right
05-11-2004, 22:08
in my state (which is in California) pulling up election signs is a felony... so the Police dropped the charges? How about the Sheriffs Department, or the State Police? They might be interested.
Either way, most juries tend to side with property owners when you have hard evidence of criminal activity being conducted on your property.
Why not countersue them for their filing a groundless lawsuit?
Yes, very good point. My attorney probably will say this. I'm sure this jerk wants a cash settlement. I'll give him $500 and I get to beat on him for 5 minutes with a freaking tire iron. Non-lethal of course.
Oh, he also seems to think I held him illegally.
Wait... we have constables in the US?
Greenmanbry
05-11-2004, 22:11
America, land of the pointless lawsuits.
For once, we agree on something..
I also agree with Myrth... PWN3D! :D
Seriously though, good luck with the lawsuit. As much as I loathe Bush, you are the righteous person in this case.. or at least I think so..
New Genoa
05-11-2004, 22:12
If I get a papercut how much do you think I can sue for compensation?
Gigatron
05-11-2004, 22:13
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
Hmm after your posting of the Dresden picture, I wish you that $500.000 is not all you'll have to pay.
HadesRulesMuch
05-11-2004, 22:13
OK, let me be blunt. All that matters is how good your lawyer is. if they hire a better one, then you are screwed. Now, I say this as a law student. Let me be blunt. Depending on what state you are in, you can win almost any suit. Thus, if they have a better lawyer, and you live in Massachusetts, you will lose. if they have a better lawyer, and you live in South Carolina, not only would you win but they would have the kid make restitution and then be executed. So, in all fairness, it is just a matter of where you live. Basically, hope your lawyer is better, and prove that the kid is a pile of shit who is faking injuries. Too bad though, in the South this would never happen. The mayor would beat his son like a red-headed stepchild for what he did.
The lawsuit is an American tradition. If a person gets through life without suing or being sued I'd have to say congrats.
Anyway, if this punk was decent though he should have voted for Kerry and watched Michael Moore videos. :)
Hesparia
05-11-2004, 22:14
Oh, he also seems to think I held him illegally.
Aren't illegal holds something you see in wrestling, not trespassing, cases?
Wait... we have constables in the US?
A constable is basically another word for a sheriff or police officer.
Dude, seriously, good luck with the case, its fucking bullshit
Scipriest
05-11-2004, 22:16
Seriously, no. We see a lot of wild lawsuits on TV, and occasionally one will get far enough to make it into the news, but in reality "pain and suffering" charges tend to go nowhere unless something really egregious has happened. Unless there are estimable damages, with an actual dollar amount on them, he can just eat you, political connections or no.
It's a little underhanded, but if his connections are really causing a problem for you, I'm sure that the media would be interested in hearing your story and his connections interested in not having your story heard.
As far as citizen's arrest. That wasn't really the best decision. If you're the kind to camp out and guard your signs with night vision, then I'm sure that you wanted to take action, but your best action would have been to take pictures and confront him, and, even better, to have called the police about your stolen signs earler, so that there would be proof that it had been recurring. That way, you'd have ample proof, without having to actually pin him on the ground for twenty minues, which is what it sounds like you did.
Well its what you get for supporting Bush. He only spreads violence. Anyway you could get in a shit load of trouble for putting this on the net. Legally you can't discuss a case in public like on radio. tv i would imagine public chat rooms.
2. You didn't legally have to accept the suit.
3. If he's under age counter sue his parents for their lack of up bringing
4. Claim you are an avid follower of politcis and all the election coverage caused you to lose it.
5. Say as security is one of the major reasons you voted for Bush, You strongly value protection of your personal property and this man has infringed your right as a citizen to free well, chioice and was trying to influence your politics through intimidation.
6. How badly did you injure this guy? Get hospital reports get your own doctors reports, check previous criminal records
7. If you have any wealthh/property etc and you think you are going to lose sign over every asset to a relation..not a spouse.
8. Offer to pay medical damages, there is no way he is going to get half a mil unless you brutalised him in which case you deserve to go to jail. But I doubt you did that as you wold be in jail. Personally the most you will get is community service and medical and his expenses-which could be loads in america. Check all other cases in similar circumstances. Bring it up to your local republican politican.
9. Counter sue for emotional truama
Here is what you need to do
1. Go to your local newspaper and tell them all that happened. Get the press to question the mayor on his prick son
2. Countersue for legal fees and whatever damages you want on your right of free speech being hampered by having your signs stolen.
Yissing Scalies
05-11-2004, 22:18
Your screwed. citizen's arrest hasn't been legal for some time now.
The Black Forrest
05-11-2004, 22:19
America, land of the pointless lawsuits.
-Trys to offer and argument-
Damn!
;)
Sussudio
05-11-2004, 22:21
You have night vision gear? You must be a republican.
The Lightning Star
05-11-2004, 22:22
If all else fails, you can commit suicide before you have to give him the cash. That way theres less suffering on your part! Plus, if you do it just right, you can get HIM in trouble coz people are gonna think he killed ye!
The Lightning Star
05-11-2004, 22:22
You have night vision gear? You must be a republican.
Im a repbulican and i dont have any!!! Where can i find some?
New Shiron
05-11-2004, 22:23
Seriously, no. We see a lot of wild lawsuits on TV, and occasionally one will get far enough to make it into the news, but in reality "pain and suffering" charges tend to go nowhere unless something really egregious has happened. Unless there are estimable damages, with an actual dollar amount on them, he can just eat you, political connections or no.
It's a little underhanded, but if his connections are really causing a problem for you, I'm sure that the media would be interested in hearing your story and his connections interested in not having your story heard.
the media angle is a good idea.... "Mayors son committs vandalism and then his parents sues homeowner" what a great headline that would make
The Burnsian Desert
05-11-2004, 22:24
Fuck man Im sorry to hear that, although I bet you wish you had shot the little shit ?
I dont know the US legal system at all man, but good luck when it comes to court.
I live in the US, so I know. Whoever has the most money wins.
Eutrusca
05-11-2004, 22:25
in my state (which is in California) pulling up election signs is a felony... so the Police dropped the charges? How about the Sheriffs Department, or the State Police? They might be interested.
Either way, most juries tend to side with property owners when you have hard evidence of criminal activity being conducted on your property.
Why not countersue them for their filing a groundless lawsuit?
Good advice. Frivilous lawsuits are a major irritant for most courts these days. :)
Areyoukiddingme
05-11-2004, 22:25
Your screwed. citizen's arrest hasn't been legal for some time now.
Okay, yah, ummmmm, NO!
Eutrusca
05-11-2004, 22:26
Im a repbulican and i dont have any!!! Where can i find some?
I recommend Cabela's :)
The Black Forrest
05-11-2004, 22:26
Now that is BS.
Don't freak about the amount. It's a starting point. Could get worst; it could get lessoned or tossed out.
They are probably trying to scare you into seattling out of court. The mayor might be a scum bag then again he might have only heard the kids version.
Proof is the problem.
It's a case of whose version are they going to belive.
Are there witnesses or photos?
Does the kid have a history of delinquency?
Did you bounce him hard enough for brusing?
Just some views and I am not a lawyer.
Get one fast!
Don't do anything rash till you talk to one. If this is an obious case of I am going to screw you because you because I am the mayor, you can probably get a lawyer for next to nothing especially when considering the money for a harrasment lawsuit.
Again not a lawyer Just a viewpoint
Christ I didn't read the post properly..he's the mayors kid...remove this post now...Your up shit creek with out a paddel. Politicans have a way of bending the rules. If the mayor is friends with the judge you are agian equally screwed. Check if you are allowed do this but go to every news paper-consult lawyer first. Write to senator, president, -(don't expect reply) You have a very dirty suit to fight. You could maybe couonter sue his mayor-father/mother for brainwashing him with their values..I'm assuming the mayor is a democrat? If not congrats, you just ruined the mayors career-
I'm not in favour of republiciansby the way I just think you should be able to defend your property and yourself with out -with in reason with out being subjected tho law suits.
This guy is going to have the best lawyers-put forward a motion to the supreme court to disallow legal action while defendin self and property
Eutrusca
05-11-2004, 22:28
Your screwed. citizen's arrest hasn't been legal for some time now.
Not true.
You should have broken the little punk's arms and legs, though I'm afraid that he does have grounds to sue you. If you can prove that you felt that you were in danger and that restraining him was to protect yourself, you'll get off on self defence. Going to the newspapers and distributing the story to them would be a good idea, and would pretty much assure that the mayor drops the lawsuit. . . that is if he's looking for re-election.
Wolfenstein Castle
05-11-2004, 22:29
Take your story to the papers. I'm sure the mayor won't want bad press in an upcoming election year. Then counter-sue his ass for damages you sustained by his son. If the little shit wants to play dirty you should aswell.
You should have broken the little punk's arms and legs, though I'm afraid that he does have grounds to sue you. If you can prove that you felt that you were in danger and that restraining him was to protect yourself, you'll get off on self defence. Going to the newspapers and distributing the story to them would be a good idea, and would pretty much assure that the mayor drops the lawsuit. . . that is if he's looking for re-election.
ahh politics
yeah newspaper is the best thing you can do
Serves you right for supporting Bush! But seriously, you have a very good case.
This is a typical Democrats responce!!! :mad: I think that the Democrats start behaving like dictators. You can only vote on them!! Nadar war a spoiler because he was stealing votes from the democrats and Republican stealing and so on... Come on Damocrats, stop and come back in from this bad ways. This is a democratic country!!!
Did you guys see the democrat (He was runing for office :mad: ) and his wife that was filmed and arested for tearing up the Republicans posters. I hope they go to jail!!
HeyyTeuTon
05-11-2004, 22:36
the best thing to do would be to move outta this shithole of a country once you turn 18. 1) going to american schools makes you seem smart and arrogant, so people "fear" you a bit more; 2) you cant leave america underage anyways, unless you get emancipated; 3) some other reason that is good. oh yes, good economy (for the rich people) so you can get tons of shit and buy tons of more crap, and then take your savings, go to a new country, and be the richest tycoon in the history of it =D
L rule and you dont
05-11-2004, 22:37
Good luck, even though Bush is a fucking shit hole, the kid shouldn't be screwing with your signs and stuff. But I admit, you are pretty screwed unless you have the best lawer ever. But I don't know much about lawsuits, I'm only 12.
The cops let the punk off?!?! That's just, well, criminal.
Speaking of stupid lawsuits...
1 A woman sued a McDonald's when she spilled hot coffee on herself
2 A man claiming to be a vampire sued a prison when they didn't give him blood
3 A student sued a school when he slipped painting with his feet.
4 Two other students sued another school when in "the throes of passion", they fell out a window.
So guess what? If you can sue someone for your own problems (i.e. coffee and passion on a windowsill), you can definetly be sued because YOU caught a CRIMINAL in the ACT.
This is a typical Democrats responce!!! :mad: I think that the Democrats start behaving like dictators. You can only vote on them!! Nadar war a spoiler because he was stealing votes from the democrats and Republican stealing and so on... Come on Damocrats, stop and come back in from this bad ways. This is a democratic country!!!
Did you guys see the democrat (He was runing for office :mad: ) and his wife that was filmed and arested for tearing up the Republicans posters. I hope they go to jail!!
Look up Satire in the dictionary.
Skredtch
05-11-2004, 22:48
Well its what you get for supporting Bush. He only spreads violence. Anyway you could get in a shit load of trouble for putting this on the net. Legally you can't discuss a case in public like on radio. tv i would imagine public chat rooms.
I don't see any reason why the defendent in a civil case can't tell whoever the Hell he wants to hear about it.
2. You didn't legally have to accept the suit.
If that's the case, then nobody would get sued, ever, because all the defendants would just refuse to accept the suit.
You have night vision gear? You must be a republican.
Actually, putting Bush signs in his front lawn is the biggest indication that he's Republican. Night-vision goggles are more characteristic of a Libertarian.
Isanyonehome
05-11-2004, 22:59
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
call up the RNC. Too bad you werent handed the summons before the election, then the RNC would have loved to put a spotlight on this. I am assuming your mayor is a Democrat. You should also raise a stink about political nepotism ect ect.
La Terra di Liberta
05-11-2004, 23:16
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
Little asshole shouldn't get anything. He was trespassing and hence, should be punished instead of you.
The Mycon
05-11-2004, 23:19
If you'd reported the vandalism to the police beforehand, even if they had refused to do anything about it, then you might have a leg to stand on. However, if you didn't, then there is absolutely no proof beyond your own claim (and, possibly, neighbors) that such a thing was happening.
There isn't proof that you, yourself, caused him harm. However, there is physical proof that he was attacked, and he went to the police, leaving some form of official documentation. This means that he has a case, whereas you don't. Also, if he can prove this occured exactly as you claims, he's legally in the right.
However, there is reasonable doubt that you are the person who caused him harm. Thanks to the whole "innocent until proven guilty" bit, this means you should be safe. That is the law.
However, with the way that things tend to happen, the judge will give you a the minimum possible fine for a related expense, fine you court costs on top of that, and tell the kid to his face that "this shouldn't have even come to court." Quite a few judges have a rather liberal interpretation of the law, meaning they can say "it's the law, but it's stupid, fuck this shit."
I hope this gives you a new respect for activist judges and their policies of broad interpretation.
Stromera
05-11-2004, 23:22
The U.S. legal system is screwed!
LauraGrad
05-11-2004, 23:24
I don't see any reason why the defendent in a civil case can't tell whoever the Hell he wants to hear about it.
If that's the case, then nobody would get sued, ever, because all the defendants would just refuse to accept the suit.
You can tell who ever the hell you want but in certain EU countries if case is in court it can be thrown out-which is good in this case.
Also in Ireland if you don't accept the suit in to your hand bobs your uncle..they can't sue you. It happend to our taoiseach(PM) his garda(police) officers stopped another political party member handing him a summons.
Kleptonis
05-11-2004, 23:34
If the mayor is a democrat, I'd suggest against bringing up the political side of this up. Chances are the pople deciding your case are going to be mostly Democrat. Push for the fact that he was tresspassing, vandalizing, and could not have suffered $500,000 in damage from a guy shaking him. If it really hurt him that much, tell him I said he's a pussy.
Pulchritudinous Elea
05-11-2004, 23:35
Wait... we have constables in the US?
Constables are an elected position that works in conjuction with the Sherrif's dept in most states, and they serve warrants.
Superpower07
05-11-2004, 23:37
Feh, he's the mayor's kid, huh?
Spoiled little rich brat, he is
Your screwed. citizen's arrest hasn't been legal for some time now.I hate to disagree with such a strong statement, but nowhere in the US has citizens arrest been made illegal. It is quite possible that this is not one of those limited cases where citizens arrest is allowed, but citizens' arrest is allowed in all parts of the US.
The Black Forrest
05-11-2004, 23:48
The cops let the punk off?!?! That's just, well, criminal.
Speaking of stupid lawsuits...
1 A woman sued a McDonald's when she spilled hot coffee on herself
Well I thought that and somebody pointed a few things out.
She got third degree burns and McDonalds received about 300+ complaints about the coffee being too hot. They didn't do anything to change it.
Her money was reduced later on.....
In my humble opinion; this mayor's son needs to be beaten and set on fire. If nothing else it would probably be amusing. :)
Good luck on your case. Surely any reasonable judge will see it for what it is; a pointless waste of time!
New Foxxinnia
05-11-2004, 23:50
What would the mayor's son have to gain by stealing Bush signs?
To bad you didn't have one of those newly legal semi-automatics. Could have just blow him away. Nothing shows the neighbours you don't take shit like a body torn astrew on your front lawn.
Where are you? I'd like to go to the trail.
Oh! Oh! Act as a witness! Could I? Huh? Huh?
No, no. Assistant lawyer! Then again I don't have a degree in law. Then again I'm only 14.
My advice btw, is to countersue on two fronts, and press charges for assault. Since he struggles when you detained him sufficently to require his being pushed to the ground, you have reasonable grounds to claim this constituted an assault upon your person, assault is such a nebulous crime in terms of defintion. Countersue for a frivolous lawsuit and for pain substained in restraining him as well as emotional distress caused by his pulling up you signs (which forced you to guard your signs with night vision goggles, you must have been in a lot of emotional distress). You should also check into election laws, almost all states have made it a felony to remove/destroy election signs.
It might also be an interesting stratagy to "remember" how you began to fear, that whoever it was who hated you for your political views and had no respect for you property, the person who was so offended by your disagreeing with their politics that they crept onto your property at night and destroyed your property, that you began fearing that your house might be torched by them next time instead of merely signs being destroyed.
Actually, citizens arrest isn't legal, but I do think that you were within your boundries under the law as to detaining a person until the police can arrive.
La Terra di Liberta
06-11-2004, 00:09
Actually, citizens arrest isn't legal, but I do think that you were within your boundries under the law as to detaining a person until the police can arrive.
If I catch a robber in my house, I will make sure he doesn't move an inch until the police get there and I don't care if it's legal or not, I certanly know theft isn't.
If I catch a robber in my house, I will make sure he doesn't move an inch until the police get there and I don't care if it's legal or not, I certanly know theft isn't.
Yes, you can do that, you just can't say, lock him in the basement for a day or so while you go out and have a latte before calling the cops.
La Terra di Liberta
06-11-2004, 00:15
Yes, you can do that, you just can't say, lock him in the basement for a day or so while you go out and have a latte before calling the cops.
I don't want him stealing anything from the basement, so I think I'll stay and guard him. Good to know it's legal in the US anyway, I'm sure it is in Canada too.
Global Liberationists
06-11-2004, 00:26
OK, let me be blunt. All that matters is how good your lawyer is. if they hire a better one, then you are screwed. Now, I say this as a law student. Let me be blunt. Depending on what state you are in, you can win almost any suit. Thus, if they have a better lawyer, and you live in Massachusetts, you will lose. if they have a better lawyer, and you live in South Carolina, not only would you win but they would have the kid make restitution and then be executed. So, in all fairness, it is just a matter of where you live. Basically, hope your lawyer is better, and prove that the kid is a pile of shit who is faking injuries. Too bad though, in the South this would never happen. The mayor would beat his son like a red-headed stepchild for what he did.
Thats a bit synical isnt it (as another law student) I know the US legal system sucks (as a UK citizen :-) but :
1) They will be very unwillinging to actually go through with it as you have a very strong case in arguing vexacious litigation (which would result in them having to pay all your legal cost)
2) Any hint of misconduct on the part of the major will give you automatic leave to appeal to a higher court outside your area
3) Trespass laws would say you have the right to use 'reasonable force' to expel the person from your property [throwing to the ground would just fit inside this category- you didnt beat up on him while he was on the ground did you?]
4) you may also have a claim protecting you famous 'right to free speach' - through the sign on your lawn...
So even if the system is as bad as you think, they still cannot go past enormous evidence and a really strong case on the guys side.
But why you woud suport Bush beat me......
DeanLoche
06-11-2004, 00:47
A few notes:
Citizens arrest is perfectly legal, otherwise bond enforcement, security guards, and shrinkage control officers would be unable to do their jobs.
Legal advice should come from a lawyer, not a 12 year old kid with daddy's permission to use the computer for an hour.
Anyone who says that you deserve this for supporting Bush is the epitome of hypocricy. You are a free American and have every right to support, voice support, and vote for whom you choose. Please, do not allow yourself to be intimidated by such people. I may not be Republican, but damned if I do not support your right to be.
Battery Charger
06-11-2004, 00:51
Im a repbulican and i dont have any [nightvision]!!! Where can i find some?
eBay!
Andaluciae
06-11-2004, 00:56
I'd susect that there's more to what you can nail the prick if you win the case (which it appears you will, the perp was messing with your property). Including corruption charges against the mayor, contact your area DA, he might just have something to say.
I'd suspect that there's more to what you can nail the prick if you win the case (which it appears you will, the perp was messing with your property). Including corruption charges against the mayor, contact your area DA, he might just have something to say.Unbfortunetely TTR is the probably the only witness in the case, so it comes down to he said, he said. A lot depends on how the police wrote this down, if for some reason the police log has disappeared it shores up TTR's case, but if it wasn't written up at all, then it detracts from his case.
Naomisan24
06-11-2004, 01:02
It totally depends on local philosophy. I agree with you, much as I hate Bush and personally believe you should be taken out and shot for crimes against humanity, and here is my advice: pry into state beliefs. If you live in a red state, play the "innocent political statement and this is a frivolous lawsuit and I demand compensation for property damage" card. If the majority of state citizens are democrats, whine about free speech and hope for the best. That's the best advice I can give you.
Mate...you should totally hire johnny cochran....guilty or innocent it doesn't matter to him.
Good luck ;)
Nerrethans
06-11-2004, 01:15
Haha! I steal bush signs all the time!
I hope you rot in hell.
Leviathen
06-11-2004, 01:18
I say you did the right thing. Just because this kid is the mayors son he should not be let off the hook for what he did.
The True Right
06-11-2004, 01:23
Ok people, just got back from visiting my attorney. He has told me not to worry about this case too much. There are no criminal charges pending, so it would be my word against his (he's 25, lives at home, convicted of possesion of marijuana). Basically he is trash as a character witness.
My advocate will seek to get this case thrown out on it's ass. He was quite gratful that I have the videotape of the whole incident, and past incidents of vandalism. He wants me to countersue, which in turn would get a public apology from the mayor and his son in the local paper. BTW the mayor has not been a fan of me since I ran against him for a spot on the school board. I guess he still carries a grudge from his loss at my hands.
PS-Next election I'll have pitbulls (with rabies and or aids ) patrolling my fenced in yard where my signs are. Guess I'll also have some of the cement dug up in my basement, just in case I need to lose some evidence.
The Lightning Star
06-11-2004, 01:26
Ok people, just got back from visiting my attorney. He has told me not to worry about this case too much. There are no criminal charges pending, so it would be my word against his (he's 25, lives at home, convicted of possesion of marijuana). Basically he is trash as a character witness.
My advocate will seek to get this case thrown out on it's ass. He was quite gratful that I have the videotape of the whole incident, and past incidents of vandalism. He wants me to countersue, which in turn would get a public apology from the mayor and his son in the local paper. BTW the mayor has not been a fan of me since I ran against him for a spot on the school board. I guess he still carries a grudge from his loss at my hands.
PS-Next election I'll have pitbulls (with rabies and or aids ) patrolling my fenced in yard where my signs are. Guess I'll also have some of the cement dug up in my basement, just in case I need to lose some evidence.
Heh heh heh! Talk about a corrupted leadership, i bet $5 that he looses the next election once you publish this in thar paper!
The True Right
06-11-2004, 01:28
Thanks all for your opinions and helpful insight.
BTW-Nightvision rules, turn off your headlights and drive at night with only your goggles on. Also get yourselves some thermal imaging products. ;)
The True Right
06-11-2004, 01:32
Heh heh heh! Talk about a corrupted leadership, i bet $5 that he looses the next election once you publish this in thar paper!
His election is next year, even our local hick-town paper dislikes the man, and he writes editorials for them. They know about his dirty tricks. Heck I even talked about him on our local call in talk show. It was unbelievable how ruthless he seemed to be when he was running for president of the school board. Give a little man a little power....
I just hope someone in his family forgets to make a couple payments on their cars or boats. I'll be there at midnight picking them up.
small town politics, what fun.
If I were you I'd just hire a prostitute from another city to seduce him, tie him up and then take photos for the local paper.
Of course, many, like me, may then vote for him after that!
Galveston Bay
06-11-2004, 01:43
Actually, citizens arrest isn't legal, but I do think that you were within your boundries under the law as to detaining a person until the police can arrive.
depends on the State.... in Texas for many years (may still be true for all I know) you could use any force necessary to prevent damage to your property (hence the legality of trespassers will be shot signs)
In California, you can use whatever force is necessary to protect life, and reasonable force to protect property (vague but better than nothing)
pinning someone to the ground sounds like reasonable force to me.. but then, I am not a lawyer, dont know what state you are in etc...
A citizens arrest is legal in Texas and California though, but generally law enforcement strongly advises against it
A few notes:
Citizens arrest is perfectly legal, otherwise bond enforcement, security guards, and shrinkage control officers would be unable to do their jobs.
Legal advice should come from a lawyer, not a 12 year old kid with daddy's permission to use the computer for an hour.
Anyone who says that you deserve this for supporting Bush is the epitome of hypocricy. You are a free American and have every right to support, voice support, and vote for whom you choose. Please, do not allow yourself to be intimidated by such people. I may not be Republican, but damned if I do not support your right to be.
A lawyer calling a detention an arrest? Tsk tsk tsk.
Queensland Ontario
06-11-2004, 02:41
MEDIA! Get your lawer to advise you on how you can legaly publicise your case. If you can to it in a way that doen't make you liable.You can
1. Damage the mayors reputation
2. Damage the police reputation
3. Get the kids name out there as someone future employers avoid
Just the risk of this could get them to drop the suit.If you don't have 500,000 then what do you have to lose ? The mayor sure has something to lose right ?
Blue Democrats
06-11-2004, 03:39
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
You know, at first I thought it was a real case or what not. But the story sounded familiar. So I did some reaserch and sure enough, this "story" matches up with the one I found on Snopes.com
Snopes article (http://www.snopes.com/politics/bush/signs.asp)
You can make up your own mind, but I think this poster story is false.
Biometrics
06-11-2004, 03:48
What would the poster have to gain from posting this, if it was just a hoax? He's not damaging anyone's repuation (as he didn't mention any names,) he's not asking for donations... just relaying a story.
Blue Democrats
06-11-2004, 03:50
What would the poster have to gain from posting this, if it was just a hoax? He's not damaging anyone's repuation (as he didn't mention any names,) he's not asking for donations... just relaying a story.
I don't know what he would have to gain from it. All I'm saying is that it sounds too similiar to the story on Snopes.com.
MEDIA! Get your lawer to advise you on how you can legaly publicise your case. If you can to it in a way that doen't make you liable.You can
1. Damage the mayors reputation
2. Damage the police reputation
3. Get the kids name out there as someone future employers avoid
Just the risk of this could get them to drop the suit.If you don't have 500,000 then what do you have to lose ? The mayor sure has something to lose right ?
Yeah, make sure the lawyer gives advice in this, lest they turn around and hit you with libel/slander. I hate when hypocrites pull strings to get their brats off, so I do hope you win.
It's illegal to steal election signs in CA? Damn, glad I didn;t try to swipe one for my yard. There were so many around, I considered just grabbing one from one of those people who feels the need to post two or more. Whew.
The Lightning Star
06-11-2004, 03:59
I don't know what he would have to gain from it. All I'm saying is that it sounds too similiar to the story on Snopes.com.
Well, i dont believe so. Of course, you are allowed to think whatever you want...
Oh, and i hope your accusation isnt based on Partisan issues(im looking at your name...)
Daistallia 2104
06-11-2004, 04:02
What would the poster have to gain from posting this, if it was just a hoax? He's not damaging anyone's repuation (as he didn't mention any names,) he's not asking for donations... just relaying a story.
Ego trip is usually the motive...
However, this is sufficiently different in the details that it is possibly true.
Blue Democrats
06-11-2004, 04:04
Well, i dont believe so. Of course, you are allowed to think whatever you want...
Oh, and i hope your accusation isnt based on Partisan issues(im looking at your name...)
Trust me if it was on Partisan issues I would be saying "Ha ha, serves you right Shurburry supporter!" or something like that.
Conceptualists
06-11-2004, 04:17
Oh well, looks like I'm in for a lengthy court battle. Minutes ago I was handed a summons by the local constable in a civil suit being brought against me. This is all Bush and Kerrys' fault. You see, back in September I set up my Bush signs in my yard, and was having them stolen and ripped up. About a month ago I decided to put up my own little sting operation. Using my nightvision gear, I was able to catch a perp in the act. I immediately snuck out of the back of the house, and caught this punk in the act. I grabbed this punk by the jacket and told him he was going to be arrested. He tried to apologize and began to struggle to get free. I threw his ass down and called the cops.
I told him he vandalized my private property, trespassed, and that he was under citizen's arrest until the police came (20 min later). Anyway, he was arrested and charged, but it turned out he was the mayors kid, so somehow these charges were dropped. Now this punk is suing me for $500,000 dollars. He said he suffers pain from when he was thrown to the ground. I should have really thrown him a good old fashioned slobber-knocker.
Any ideas on my chances when I go to court. Hope my lawyer can get me out of this one. I just bought a new car, damn.
Presidents may come and but corruption will always exist.
Bit premature, I know, as I was not there.
I realise there is a possibility it could be made up, but, it really does sound true (however I think the bit about the mayors son could be considered superfluous).
Conceptualists
06-11-2004, 04:24
PS-Next election I'll have pitbulls (with rabies and or aids ) patrolling my fenced in yard where my signs are. Guess I'll also have some of the cement dug up in my basement, just in case I need to lose some evidence.
Even though I dislike Bush and similarly viewed candidates. I think having pitbulls guarding a [Vote Bush/x] sign , may send the wrong message.
No worries about the lawsuit. This guy was tresspassing onto your property and you were protecting it. It's the same as somebody breaking into your house and you shooting them with a gun.
The Lightning Star
06-11-2004, 04:25
Trust me if it was on Partisan issues I would be saying "Ha ha, serves you right Shurburry supporter!" or something like that.
Hmm, true.
Ooooh well. As long as it wasnt partisan :D
Just because there is a story with slight similarities on Snopes means very little. The stories are hardly alike at all. We had a local politician get busted pulling up the signs of his opponent before the last election. Would you call that untrue, even though I could cite sources, because it bears a slight resemblence to the Snopes story? People pulling up signs is a fairly common irritance to homeowners, especially when they are Republican signs in a mostly Democrat neighborhood or vice versa. We had that problem this year, but we never felt motivated enough to stay up and wait for the vandals, heh. ;)
American Republic
06-11-2004, 04:47
The U.S. legal system is screwed!
Why do you think the Republicans have been trying to change it :p
American Republic
06-11-2004, 04:53
Unbfortunetely TTR is the probably the only witness in the case, so it comes down to he said, he said. A lot depends on how the police wrote this down, if for some reason the police log has disappeared it shores up TTR's case, but if it wasn't written up at all, then it detracts from his case.
If it isn't written up then by law, the case should be thrown out since there is no Police Report!
Celtlund
06-11-2004, 04:55
The Ard Re of Celtlund has determined that you can not get a fair shake in any court in the US, especially if it is in the state of California or Taxachussetts. Therefore, he highly recommends you move the case to Celtlund.
The Ard Re has instructed the High Chief Justice Kevin to hear the case. The Ard Re has been assured the criminal son of the mayor, and the father of the criminal (the mayor) will most likely be found guilty of; criminal trespass, destruction of personal property, threatening the life of a citizen, false statements, improper use of official office, contributing to the delinquency of a minor, malfeasance in office, and harboring a criminal. The minimum sentence for each of these crimes is 5 years in the salt mines and the maximum is 25 years in the salt mines. Under the laws of Celtlund, the sentences must run consecutively. The average life expectancy in the salt mines is 15 years.
The Ard Re of Celtlund
Sean
The Burnsian Desert
06-11-2004, 05:33
If it isn't written up then by law, the case should be thrown out since there is no Police Report!
civil suit.
American Republic
06-11-2004, 05:35
civil suit.
Now there is that but in this atmosphere, that'll be the last thing the Mayor would want!
Isn't politics fun?
If it isn't written up then by law, the case should be thrown out since there is no Police Report!Absolutely no relation. The existance of the videotape changes the complextion, but absence of a police log of an arrest can be taken to mean the incident was not worthy of arrest, something which does happen upon occasion especially in smaller departments, basically the police can say they determined it was a situation in which they removed the mayors sone from TRR's property to prevent TRR from further assaulting him. Remember, this is not a criminal case against the mayor's son, but a civil suit being brought by the mayor's son.
American Republic
06-11-2004, 05:38
Absolutely no relation. The existance of the videotape changes the complextion, but absence of a police log of an arrest can be taken to mean the incident was not worthy of arrest, something which does happen upon occasion especially in smaller departments, basically the police can say they determined it was a situation in which they removed the mayors sone from TRR's property to prevent TRR from further assaulting him. Remember, this is not a criminal case against the mayor's son, but a civil suit being brought by the mayor's son.
True but since there is a videotape, the mayor should drop it like a hot potato because it will damage him politically.
God I love Politics :D
Nationalist Valhalla
06-11-2004, 05:49
i apologize for not reading all 100 odd posts in this thread and hope my comment hasn't already been covered, but this seems like a case one of the various republican associated legal defense organizations would love to become involved in to defend you pro bonum(sp?). they would have a feild day with the son of a democratic mayor suing an honest citizen for defending his property and right to political speech, this is the sort of thing they live for.
Ancient Rome Reborn
06-11-2004, 05:51
Your screwed. citizen's arrest hasn't been legal for some time now.
My dad and I put a guy on citizen's arrest when he was trying to beat his kid brutally and throw him in a dumpster. We blocked his car into the place he was, and my dad was very willing to whip out his buck knife and go shankaholic on him shall he try anything. We got no speak of citizen's arrest being illegal.
American Republic
06-11-2004, 05:51
i apologize for not reading all 100 odd posts in this thread and hope my comment hasn't already been covered, but this seems like a case one of the various republican associated legal defense organizations would love to become involved in to defend you pro bonum(sp?). they would have a feild day with the son of a democratic mayor suing an honest citizen for defending his property and right to political speech, this is the sort of thing they live for.
This is so very true!
Quasipseudoland
06-11-2004, 06:12
As a lifelong Democrat, and one who's still in shock that we're stuck with Bush for another 4 years, I can only say---best of luck in your case. You're in the right here.
At least from what I remember from a friend who looked up the citizen's arrest laws in California, this is one of those cases where it's reasonably safe. (He was on your property, and you have a videotape. My friend was considering recovering a stolen bicycle and holding the thief; the problem is that if he made a mistake and the bike wasn't his the "citizen's arrest" would be felony assault instead.)
I'm fairly stunned that the mayor would want to push this---unless your town is very small indeed, this is the sort of thing that most decent people of either party won't stand for. (We don't want our K/E signs ripped up either!) Best of luck on your case; you should (at the _very_ least) be able to win your legal costs back on a countersuit. (You didn't hurt the guy, from what you're saying; so it's not clear what the basis of his suit even is! Embarassment?)
PS Oh, come on now. First Republicans get sole rights to the flag, and then to night-vision goggles??? While we liberals get identified with granola??? Life just ain't fair.
There's probably nothing I can say that a good lawyer isn't going to consider, but if I remember anything from my law class, it’s that reason and common sense will often prevail in court cases. So you touch on subjects like, how much damage can logically be delivered? Body size really matters if this kid's small and your large....well wear loose black clothing to the proceedings. Since the amount is $500,000, that’s over the $75,000 minimum that’s required for a civil suit to go to federal court. I recommend a federal case; a mayor will have less power, as opposed to his little local area. Also $500,000 seems a bit hefty. Unless you're rich that’s too much, his medical costs and trauma would be at least...333,333 (2/3 of 500,000) Wow, if he's not in wheelchair with lost job wages that’s too much. Once again if you're rich the inflated number might include punitive damages, but that’s usually just companies that get that. Anyway good luck
P.S. I hate Bush, he reminds me of Forrest Gump. A nice kind moral person, but a little retarded. I support freedom of speech, and I hope you win.
Snorklenork
06-11-2004, 06:56
I hope you win, and find some way of getting back at that little turd. I hate bullies like that.
And this is why nepotism would be a worse system than meritocracy (just because on another forum I recall someone happily advocating nepotism).