Man Beaten by White Supremacists in Viral Photo Says Police May Get Sued
Source: LawNewz
Violence broke out Saturday after white nationalists met up in Charlottesville, Virginia. One incident, caught on camera, shows several white men beating up a black man. The person on the receiving end of that attack, identified as Deandre Harris, spoke to The Root about it in an interview.
The beating happened right beside the police department, and no police were there to help me at all, he said. My mother is now thinking about suing the city of Charlottesville.
Link to tweet
The attackers were beating me with poles, he said. I have eight staples in my head, a broken wrist and a chipped tooth.
Harris friends and family started a GoFundMe page to fund his medical treatment. They were within several hundred dollars of their $20,000 goal on Sunday afternoon.
Read more: http://lawnewz.com/high-profile/man-beaten-by-white-supremacists-in-viral-photo-says-police-may-get-sued/
ProudLib72
(17,984 posts)Make any city contemplating letting these terrorists loose on its streets think long and hard about possible consequences.
DK504
(3,847 posts)They refused to move on the site when the tensions began to fo through the roof. They allowed this.
ProudLib72
(17,984 posts)It's a lot more difficult to go after police. A city does not want to become blacklisted. If they go after the city for allowing this to happen and win, then they set a precedent for other cities not giving the Nazis rally permits. Plus, it will piss off the mayor who will then turn his ire toward the police and chew them out. Yep, the most effective way to deal with the cops is sic the mayor on them.
sharedvalues
(6,916 posts)The problem is with the guns and weaponry the Nazis were allowed to bring.
The police were afraid to engage them.
http://www.businessinsider.com/virginia-gov-mcauliffe-defends-charlottesville-police-better-semiautomatic-guns-white-nationalists-2017-8
tanyev
(42,598 posts)He's in the background, near the feet of the faux militia guys with their backs to the camera. I just noticed him last night when I took another look at this picture.
Not Ruth
(3,613 posts)Check out the video. A ton of press around, so we should start to see video and photos from all angles.
tanyev
(42,598 posts)But his body language says injured or unconscious and none of his comrades seem the least bit concerned. Thanks for the video-there was a moment where it looked like one of the guys bent down to check on him, but it was brief. I guess that's what you get when your buddies are Nazi thugs.
Not Ruth
(3,613 posts)peacebuzzard
(5,181 posts)So lucky he survived. It is wise to keep a camera handy. Especially in a deep red state, where this incident may have inflamed a roar of like-hatred.
brer cat
(24,592 posts)Not Ruth
(3,613 posts)There were a ton of press who chose to photograph and video instead of intervening. I recall a similar incident a couple of years ago where press photographed a guy being run over by a subway, instead of intervening. They were crucified.
Orrex
(63,220 posts)I will happily defer to anyone with a better understanding of the legal principles here, but the SCOTUS case seems to make it fairly clear.
Check out this first-hand account of police standing by and failing to intervene even when a citizen was at immediate risk of being stabbed to death, for example.
PoliticAverse
(26,366 posts)marybourg
(12,634 posts)only happen in NYC (which has the lowest crime rate of any major city).
bench scientist
(1,107 posts)You do not have to intervene on behalf of another, potentially putting yourself at risk of harm.
Morally is another question of course.
PoliticAverse
(26,366 posts)From the article from the New York Times published when her convicted killer died.
https://www.nytimes.com/2016/04/05/nyregion/winston-moseley-81-killer-of-kitty-genovese-dies-in-prison.html
In general in the US there are no laws imposing a "duty to rescue", see...
https://en.wikipedia.org/wiki/Duty_to_rescue
NobodyHere
(2,810 posts)PoliticAverse
(26,366 posts)and in general absent specific laws allowing you to do so, you can't sue the Police for lack of action.
The 2005 case was a special case because it involved the Police not enforcing a domestic
violence restraining order that had been granted, even so the decision was 7-2 against
allowing the suit. See:
Town of Castle Rock v. Gonzales
https://en.wikipedia.org/wiki/Town_of_Castle_Rock_v._Gonzales
X_Digger
(18,585 posts)Cocking v. Wade (1896)
Riss v. City of New York - 1967
http://lawschool.courtroomview.com/acf_cases/10107-riss-v-new-york
Plaintiff was harassed by a rejected suitor, who claimed he would kill or seriously injure her if she dated someone else. Plaintiff repeatedly asked for police protection and was ignored. After the news of her engagement, the plaintiff was again threatened and called the police to no avail. The next day, a thug, sent by the rejected suitor, partially blinded the plaintiff and disfigured her face.
Rule of Law and Holding
The municipality does not have a duty to provide police protection to an individual. It has a duty to the public as a whole, but no one in particular.
Keane v. Chicago, 98 Ill. App.2d 460, 240 N.E.2d 321 (1st Dist. 1968)
Silver v. Minneapolis, 170 N.W.2d 206 (Minn. 1969)
Antique Arts Corp. v. City of Torrance (1974)
Hartzler v. City of San Jose, 46 Cal. App.3d 6 (1st Dist. 1975)
Approximately 45 minutes later, Mack Bunnell arrived at her home and stabbed her to death. The police did not arrive until 3 a.m., in response to a call of a neighbor. By this time Mrs. Bunnell was dead.
...
(1) Appellant contends that his complaint stated a cause of action for wrongful death under Code of Civil Procedure section 377, and that the cause survived under Probate Code section 573. The claim is barred by the provisions of the California Tort Claims Act (Gov. Code, § 810 et seq.), particularly section 845, which states: "Neither a public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service or, if police protection service is provided, for failure to provide sufficient police protection service."
Sapp v. Tallahassee, 348 So.2d 363 (Fla. App. 1st Dist.), cert. denied 354 So.2d 985 (Fla. 1977); Ill. Rec. Stat. 4-102
Jamison v. Chicago, 48 Ill. App. 3d 567 (1st Dist. 1977)
Wuetrich V. Delia, 155 N.J. Super. 324, 326, 382, A.2d 929, 930 cert. denied 77 N.J. 486, 391 A.2d 500 (1978)
Stone v. State, 106 Cal.App.3d 924, 165 Cal Rep. 339 (1980)
Warren v. District of Columbia, 444 A.2d 1 (D.C.App 1981)
http://en.wikipedia.org/wiki/Warren_v._District_of_Columbia
Chapman v. Philadelphia, 290 Pa. Super. 281, 434 A.2d 753 (Penn. 1981)
Bowers v. DeVito, 686 F.2d 616 (7th Cir. 1982)
Davidson v. Westminster, 32 Cal.3d 197, 185, Cal. Rep. 252; 649 P.2d 894 (1982)
http://scholar.google.com/scholar_case?case=11611213653413829948&q=Davidson+v.+City+of+Westminster&hl=en&as_sdt=2,44&as_vis=1
Morgan v. District of Columbia, 468 A.2d 1306 (D.C.App. 1983) (Only those in custody are deserving of individual police protection)
Morris v. Musser, 84 Pa. Cmwth. 170, 478 A.2d 937 (1984)
Calogrides v. Mobile, 475 So. 2d 560 (Ala. 1985); Cal Govt. Code 845
Ashburn v. Anne Arundel County (1986)
...
The Court of Appeals further noted the general tort law rule that, "absent a 'special relationship' between police and victim, liability for failure to protect an individual citizen against injury caused by another citizen does not rely against police officers." Using terminology from the public duty doctrine, the court noted that any duty the police in protecting the public owed was to the general public and not to any particular citizen..
DeShaney v. Winnebago County, 489 U.S. 189 (1989)
Castle Rock v. Gonzales, 545 U.S. 748 (2005)
http://en.wikipedia.org/wiki/Castle_Rock_v._Gonzales
...
The Court's majority opinion by Justice Antonin Scalia held that enforcement of the restraining order was not mandatory under Colorado law; were a mandate for enforcement to exist, it would not create an individual right to enforcement that could be considered a protected entitlement under the precedent of Board of Regents of State Colleges v. Roth; and even if there were a protected individual entitlement to enforcement of a restraining order, such entitlement would have no monetary value and hence would not count as property for the Due Process Clause.
Justice David Souter wrote a concurring opinion, using the reasoning that enforcement of a restraining order is a process, not the interest protected by the process, and that there is not due process protection for processes.
Orrex
(63,220 posts)And I don't care how many judges have signed on.
At the very least, if cops have no special duty to protect, they should enjoy no special privilege of protection. A crime against a cop should therefore be treated no differently from a crime against a civilian. No greater penalty, no immediate justification of deadly force, no seizure of assets, none of it.
Bernardo de La Paz
(49,032 posts)Where are the police arresting and charging them?
Scruffy1
(3,256 posts)The fact that this happened close to the police station is irrelevant and of course the police usually only have a few on duty inside the station to answer the phone and handle whatever. Even if a police person were standing there watching this, there is no legal requirement to take action. It's up to individual judgement.
Bernardo de La Paz
(49,032 posts)Daniel (Dan) Borden from Mason, OH
Daniel Dan Borden
Dan Boc Borden
He's deleted his Facebook page.
Neck moles gave it away. https://t.co/LlcPqBAxqF
https://everipedia.org/wiki/daniel-dan-borden/
Bernardo de La Paz
(49,032 posts)Last edited Mon Aug 14, 2017, 08:28 PM - Edit history (2)
{on edit: original identification now believed to be incorrect}
Still need to identify the violent criminal.
He's on the left murderously beating Deandre:
Clear picture of the man:
L. Coyote
(51,129 posts)Bernardo de La Paz
(49,032 posts)We don't know when the image with the shorter beard was taken. It may have been months before even though the Facebook update was Aug. 8.
Here's his facebook page. Loves Turner Diaries (race war fantasy) and lots of Nazi goober stuff.
https://www.facebook.com/people/Kristoffer-Odinsson/100012423307758
Southern Poverty Law Center article
https://www.splcenter.org/fighting-hate/extremist-files/group/traditionalist-worker-party
Bernardo de La Paz
(49,032 posts)L. Coyote
(51,129 posts)but we are looking to identify the guy in the red beard. All his friends and his friend's friends are searched, downloaded, stored, etc.
There are plenty of images of the event. We will soon know what he was wearing, etc.
Link to tweet
Note his small size compared to Michael Tubbs, felon, weapons and explosives thief.
Bernardo de La Paz
(49,032 posts)Everipedia is now saying he was wrongly identified as Odinsson / Johnson. (Editing my root post)
Still must be identified.
L. Coyote
(51,129 posts)Looks like a Hearst domain fir image storage. Better image of the shirt logo if that helps. The NC group is into white shirts.
Bernardo de La Paz
(49,032 posts)L. Coyote
(51,129 posts)Image 14 of 106
CHARLOTTESVILLE, USA - August 12: A White Supremacist helps a friend after he was punched in the face during clashes with counter protestors at Emancipation Park where the White Nationalists are protesting the removal of the Robert E. Lee monument in Charlottesville, Va., USA on August 12, 2017. (Photo by Samuel Corum/Anadolu Agency/Getty Images)
Here's the leader of the beating and much of the clashing, a known criminal (image 23). Florida state chairman Michael Tubbs, another veteran who went on to lead the Florida League of the South after he was released from prison for his role in a plot to bomb Jewish and black-owned businesses in Jacksonville, Florida. Tubbs was photographed in several brawls throughout the day.
Bernardo de La Paz
(49,032 posts)L. Coyote
(51,129 posts)crack skull.
cagefreesoylentgreen
(838 posts)A lot of white supremacists think they "honor" Viking culture by taking on Norse names, either informally or legally. Would be good to know in this is his actual name.
L. Coyote
(51,129 posts)L. Coyote
(51,129 posts)We are trying to identify all of them using social media:
ALL HANDS --- We need to identify this man TODAY.
Eyeball_Kid
(7,434 posts)... and what we FIRST NOTICED was that there were NO LEOs present to restrain the violence. But they knew of the coming confrontations for days. Yet they stood by and did nothing. This should signal to anyone with common sense that the local police were COMPLICIT in the violence and favored violence that they knew was coming. They wanted to see heads busted-- the heads of counter protesters and blacks.
Charlottesville, Virginia: the destination for racists, and the LAST place I'll want to visit. Well done, Charlottesville PD. You showed your true color: WHITE ONLY.
obamanut2012
(26,111 posts)And, the racists chose Cville because of this. That is why it was the "destination for racists."
It is also a very beautiful, historic, and dynamic college town.
You should be blaming the VAST and the VANG, who took over from the CPD, who in no way could handle something like this. They are much more not experienced or competent for something like this. They heve chained prisoners escape out of police vans, for goodness' sake. I have friends on the ground there, and there will be an investigation of how the Staties and NG handled this.
Bernardo de La Paz
(49,032 posts)Early National Vanguard & Vanguard America.
Cracklin Charlie
(12,904 posts)Bad for my blood pressure. But, a lot of the racists at this event seem to have travelled to Charlottesville. Ohio, California, Texas...
I'm sure they have their share of home grown bigots...but it's unfair to blame all of this on the citizens of the victimized city, when so many seem to have travelled a fair distance to attend the hate fest. From som of the stories coming out today, it would seem like the racists went there spoiling for a fight, and we're determined to cause violence.
Aristus
(66,440 posts)Sue the hell out of the city!
obamanut2012
(26,111 posts)Even if she wants to.
procon
(15,805 posts)I successfully challenged Los Angeles County. My brother in law sued the City of Valencia. Government entities are sued all the time. It doesn't matter if the lawsuit is frivolous or unlikely to win, if you can afford the filing fees, you can sue anybody for any reason. The trick, of course, is proving your case in court.
X_Digger
(18,585 posts)An officer could step over an assailant stabbing you to death to get to a donut shop and there's not shit you (or your heirs) could do.
See e.g. this California statute:
Cracklin Charlie
(12,904 posts)Behind the no account racist loser on the far right been identified?
That guy seems to be either shielding that attacker, or something else really weird. He gives me a creepy, agent provocateur vibe.
smirkymonkey
(63,221 posts)procon
(15,805 posts)People care about injustice. The Internet is full of super sleuths who want to help track down the terrorists who assaulted him. Strangers he will never meet, donated to his gofundme page and exceeded the goal, collecting $106,534 of $50k goal. I hope that his physical injuries heal quickly, and more importantly, his family and friends need to make sure he doesn't neglect his mental health.
sarisataka
(18,752 posts)It has been well established the police have no duty to protect anyone not in their custody
Tarheel_Dem
(31,237 posts)these assholes would have confronted the victim, but in pack, there's safety. Cowards! Every one of them.
Orrex
(63,220 posts)And also because those stupid fuckers are cowards.