Quantcast
  1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Victim Sued By Criminal

Discussion in 'Legal' started by gmark340, Jul 30, 2010.

Thread Status:
Not open for further replies.
  1. gmark340

    gmark340 Member

    Joined:
    Jun 20, 2008
    Messages:
    59
    Sometimes people post about this jokingly, but when it happens it's no joke. Even if the suit fails, the defendant will have incurred the costs of defense and time. Citizen's arrests lack the limited immunity that covers the police so a criminal can always take a shot (no pun intended) and sue, hoping to be paid something for nuisance value, at a minimum, or to get the insurance coverage of the defendant, if any applies in the case of deliberate acts, to pay off.

    http://hosted.ap.org/dynamic/storie...T?SITE=1010WINS&SECTION=HOME&TEMPLATE=DEFAULT

    Jul 30, 3:13 PM EDT

    Inmate sues man he's convicted of burglarizing

    ST. PETERSBURG, Fla. (AP) -- A Florida inmate is suing the man he's convicted of burglarizing, claiming the man and two others roughed him up during a citizen's arrest. Michael Dupree is serving a 12-year sentence for burglary and cocaine possession stemming from a 2007 break-in of a van in St. Petersburg. Dupree allegedly stole a bicycle locked inside and was apprehended after the owner, Anthony McKoy, saw him with the bike down the street.

    Dupree said McKoy and two others pointed a gun at him, handcuffed him and placed a knee painfully in his back. He's seeking $500,000 for disabilities and distress suffered during the takedown.

    Dupree filed the civil lawsuit on his own, without the help of an attorney.

    After being served with the suit, McKoy said, "I thought it was a joke. I'm the victim."
    ---
    Information from: St. Petersburg Times, http://tampabay.com
    © 2010 The Associated Press.
     
    Last edited: Jul 30, 2010
  2. Kleanbore

    Kleanbore Moderator

    Joined:
    Aug 13, 2008
    Messages:
    7,288
    One very very good reason to not try to effect a citizen's arrest.

    Where I live, arresting someone after he had committed a crime that I had not witnessed would land me in jail even without the issue of excessive force.

    Add that to the fact that the person or persons effecting such an arrest (or the community, if the arrest was made by sworn officers) are completely liable for any injuries sustained by the detainee during detention and--well, its just not a good idea at all.

    One has to wonder just what these guys were thinking.

    Probably too much television....
     
  3. JellyJar

    JellyJar Member

    Joined:
    Aug 29, 2009
    Messages:
    1,241
    Location:
    Alabama
    Counter sue the criminal for $1,000,000.00 plus court costs.
     
  4. Kleanbore

    Kleanbore Moderator

    Joined:
    Aug 13, 2008
    Messages:
    7,288
    Basis? You have to have standing and you must be able to substantiate an amount for damages. And suppose you did, and suppose you could? Think that guy has any money? No. Big waste of your time, emotions, and cash balance.

    A lot of people seem to view civil suits as some kind of punitive undertaking in which one can scream "sue" and name the price and go in and wreak havoc. Not so. I have yet to ever meet either a plaintiff or a defendant who was satisfied with the process, the cost, or the results of a civil suit.

    Now, if you get hurt, or lose income, go for it. But you won't be happy.

    The burglar here won't be happy either, but the guys who put him in cuffs most surely won't. Matter of fact, they're lucky they haven't been charged with having committed crimes. Maybe the state law there wouldn't require that, but they would in a lot of places.

    I cannot imagine any reason for a civilian to own handcuffs. They're nothing but trouble even if you do not get injured while tying to use them.
     
  5. mljdeckard

    mljdeckard Member

    Joined:
    Jun 5, 2006
    Messages:
    12,665
    Location:
    In a part of Utah that resembles Tattooine.
    Yep. Rule #1 of litigation. Never sue poor people.
     
  6. Gouranga

    Gouranga Member

    Joined:
    Jan 30, 2010
    Messages:
    928
    Location:
    Gaston County, NC
    In NC, this is not an issue as we have no authority to citizens arrest. You end the threat, period. In that case, hurling him out the front door if he is unarmed is allowed. Should be have a weapon though, he is toast.
     
  7. G.A.Pster

    G.A.Pster Member

    Joined:
    Aug 3, 2006
    Messages:
    229
    This is why if you ever have to shoot someone you might as well emty the mag and insure they're dead, dead men tell no tales and file no lawsuits.
     
  8. wishin

    wishin Member

    Joined:
    Nov 20, 2009
    Messages:
    2,430
    Location:
    Georgia
    Fight it as a frivilous lawsuit and sue for legal fees.
     
  9. Cosmoline

    Cosmoline Member

    Joined:
    Dec 29, 2002
    Messages:
    23,648
    Location:
    Los Anchorage
    Anyone can sue anyone for anything. A suit is not a judgment. It's often a very long way from a judgment. And there are steps that can be taken to stamp out this sort of thing.

    I did a pro bono case last year where the rapist sued his victim, believe it or not. On my motion, the court dismissed the suit and put him under a permanent restraining order barring him from any further suits without court approval. A number of states have approved similar procedures. Up here we also have a "loser pays" system that acts as a check against frivolous suits.
     
  10. mljdeckard

    mljdeckard Member

    Joined:
    Jun 5, 2006
    Messages:
    12,665
    Location:
    In a part of Utah that resembles Tattooine.
    I'm a BIG fan of loser pays.
     
  11. Robert Wilson

    Robert Wilson Member

    Joined:
    Aug 13, 2009
    Messages:
    402
    Cosmoline, I have heard that inmates sometimes use lawsuits almost as a hobby. Do you know if there is any truth in it?
     
    Last edited: Jul 31, 2010
  12. Kleanbore

    Kleanbore Moderator

    Joined:
    Aug 13, 2008
    Messages:
    7,288
    Do not be misled. The forensic evidence tells tales, and estates file lawsuits. Remember the successful suit filed by the Goldman family?

    However, that's all beside the point. There was no shooting in the case at hand--just a citizen's arrest. The suit apparently has to do with a claim of excessive force. Had anyone been killed, it would have been a suit for wrongful death. That in addition to obvious murder charges.
     
  13. Buck Snort

    Buck Snort Member

    Joined:
    Oct 5, 2004
    Messages:
    1,171
    Location:
    N. CA.
    Sometimes we need to exercise prudent restraint with what we post on the internet. Everything we post can be reclaimed and (possibly) used against us in a court of law.
     
  14. scythefwd

    scythefwd Member

    Joined:
    Mar 13, 2008
    Messages:
    3,560
    Location:
    Manassas Park, VA
    G.A.Pster - dead men don't tell tales... that is correct. They also don't file lawsuits, but their families do. On occasion, the families win.
     
  15. Oyeboten

    Oyeboten Member

    Joined:
    Mar 23, 2008
    Messages:
    3,696
    With the advent of Cell Phones, it is easy to be in communication with 911 Dispatch, while monitoring the on-going route or path or other developments relating to a suspect one has seen committing a burglary or other propety crime.

    Intervening in property related Crimes, when it is not one's own Property, is easily kinda dicey unless working 'with' dispatch to keep them posted on what the suspect is doing, while the Cops are on their way.

    Many problems can occur trying to forcibly detain a suspect.
     
  16. mustang_steve

    mustang_steve Member

    Joined:
    Jul 14, 2009
    Messages:
    1,081
    Location:
    Tampa Bay area, Florida
    Never detain...he should have performed some recon while coordinationg with police.....let them know where the guy is.

    NEVER detain....that is very risky water, and very likely to backfire. If you need to shoot, just shoot....but in this case they chased the thief down, which meant he was fleeing initially, so the use of a firearm was unjustified as they in essence prolonged the situation (in FL you CANNOT use a firearm to protect property, the car part of stand your ground is an occupied vehicle).

    As messed up as it is, the crook has a fighting chance on this.
     
  17. Bighouse Doc

    Bighouse Doc Member

    Joined:
    Oct 3, 2007
    Messages:
    56
    Inmates do like to file lawsuits.

    It is however rare, that attorney's represent them. I suspect they don't like to lose.

    Most inmates hand write their own court papers in the prison Law Library.

    Almost all of them are meritless get dismissed when confronted by a real attorney.
     
  18. shootistpd27

    shootistpd27 Member

    Joined:
    Feb 9, 2009
    Messages:
    248
    Location:
    mississippi
    Thank God that I live in Mississippi. Here we have the castle doctrine and according to state law, folks that are killed, or injured breaking into your castle are not allowed to sue. I know in Alabama if you have in any way, contributed to the situation for which you are suing, that you are not allowed to sue either. I hate to say it but it makes sense that if they break in, go ahead and make sure the coroner comes and gets them, dead men dont sue and make horrible witnesses against you. And no, this statement was not politically correct. All complaints should be addressed to your local waste receptacle.
     
  19. valorius

    valorius member

    Joined:
    Jul 27, 2010
    Messages:
    638
    Location:
    South of Heaven
    I think they were thinking, "Hey, that scumbag stole my bike, and i'm getting it back."

    ***...

    Cops are civilians. And your sex life must be pretty boring.

    Where i live response time for a stolen bicycle call would be about, oh....they wouldn't even show up.

    We had a pitbull running lose acting threatening and growling at kids last year, the cops were called by about 10 different households over and over for 4 hours. They never came.

    We ended up dealing with the issue ourselves.

    When you have seconds to act, cops are just minutes (or hours if you live in a bad area) away.

    Sometimes men have to act for their own good, or they're not men at all, but sheep.
     
    Last edited: Jul 31, 2010
  20. Shopping A Round

    Shopping A Round Member

    Joined:
    Mar 15, 2010
    Messages:
    99
    I'm calling bluff Valorius. Without pictures, you're just dragging us along.

    Check out Gerald's Game by Stephen King where a situation with hand cuffs can go horribly.

    [​IMG]

    Sorry for off topic.
     
  21. LibShooter

    LibShooter Member

    Joined:
    Jan 1, 2008
    Messages:
    776
    Location:
    East Tennessee
    I'm not sure the Castle Doctrine would help much if you chased a guy down the street, tackled him and roughed him. That's what happened here.

    If the bad guy is running away, even with my stuff, I would consider that a successful conclusion to an interaction with the criminal element. The last thing I want to do is run after him to extend the interaction.
     
  22. ONLY

    ONLY Member

    Joined:
    Jan 20, 2009
    Messages:
    46
    Location:
    Va
    I carry a pair of handcuffs in my truck for my job. Im not law enforcment but a bail agent. Would I arrest some one other than those who have missed court not no but h*ll no! That is asking for trouble. Now if you run into a situation where your out in the sticks like me and some one just commited a heinous crime against me or my family. There is alot of swamps around here.
     
  23. Kleanbore

    Kleanbore Moderator

    Joined:
    Aug 13, 2008
    Messages:
    7,288
    Irrelevant. The guy here was not injured while breaking in.

    You don't want to do that. If you lawfully use deadly force, the perp may die, but he may not; 80-90% of people shoot by handguns survive. If the evidence indicates that you fired to kill after stopping the perp, you'll see both criminal charges and civil suits.

    The estates of dead men sue all the time. Forensic evidence is likely more to be credible than the testimony of a burglar.

    Not only that (and that's not really important at all), but in the event that you ever get involved in a shooting in which the evidence is not very clearly in your favor, it can and will be used against you as evidence of a potentially criminal state of mind. That could be really important indeed.

    A number of states, including mine, have enacted laws intended to protect those who acted lawfully in self defense from civil suits; such suits had presented a real problem for honest law abiding citizens. Such laws have reportedly dissuaded attorneys from taking on cases that some of them might have agreed to pursue in the past, and that's good. However, they are largely untested, and attorney friends of mine tell me that I do not want to be the one to establish the case law. Scary, eh?
     
  24. IllHunter

    IllHunter Member

    Joined:
    Mar 10, 2006
    Messages:
    474
    Location:
    ChicagoLand
    LIbShooter, name pretty much tells your story, I think your response is weak cheese and leads to social deterioation. The criminal wins and you go home scared and frustrated. I say chase down the thief and get it back. Life will be better, I have my thing and the thief has a learning experience that is not rewarding or reinforcing to his lifestyle.
     
    Last edited by a moderator: Aug 2, 2010
  25. Kleanbore

    Kleanbore Moderator

    Joined:
    Aug 13, 2008
    Messages:
    7,288
    Sometimes OK, sometimes no. Don't use or threaten deadly force to recover property that has already been taken unless you live in a state that was once a republic and the conditions are appropriate. In some states, one would have to be in hot pursuit to be justified in using any force at all. Check the laws.

    The defendants here may be lucky--in most places they could also face criminal charges.

    The could also have been shot with their own gun. That's happened.
     
Thread Status:
Not open for further replies.

Share This Page