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Very Hot Topic (More than 25 Replies) New policy change in Baltimore could make police officers financially responsible (Read 733 times)
TowardLiberty
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New policy change in Baltimore could make police officers financially responsible
Feb 10th, 2018 at 3:43pm
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With all the corruption at the Baltimore PD coming out lately, this is a welcomed change.

We know men are not angels. This applies to police officers too. So perhaps it is smart to alter the incentives police face such that they become individually responsible for their actions rather than externalizing responsibility on to the taxpayer.

When the taxpayer is holding the bag police officers face moral hazard. Someone else pays the cost for their bad behavior and thus there is little incentive for it to cease.

Quote:
Baltimore’s police union is warning that a new change in policy from the city solicitor’s office may make officers responsible for payouts from lawsuits, which will likely have a chilling effect on the department as a whole.

In an email message to members, police union president Gene Ryan said that the city has “generally supported” officers in the past by paying out punitive damages as well as compensatory damages that were awarded litigants in civil jury trials.

But new city solicitor Andre Davis, a former federal judge who was hired by the city last year, has altered the policy.

Here is the email sent to police union members:

Many of our officers are sued for monetary damages by individuals they have arrested or have come in contact with.  These lawsuits allege wrongdoing on the part of the officer and oftentimes allege that the officer acted with malice.  Malice means that the officer’s alleged actions were motivated by a personal hatred towards the individual suing him or her.  If the person suing the officer wins on the question of whether the officer committed a wrong, the Plaintiff can recover monetary damages to compensate him or her for any injury and/or expenses incurred resulting from the officer’s actions.  If a jury finds that the officer acted with malice, the jury has the option to award punitive damages which are designed to punish the officer and to serve as a deterrent to the officer not to repeat the alleged wrongful conduct found to have occurred by the jury.

Most times, the officer who is being sued will dispute the allegations made by a Plaintiff and successfully defend a claim for punitive damages. However, many juries award punitive damages despite the lack of evidence of malice even in cases where the police officer has not been charged criminally and been found to have acted within the scope of his/her duties consistent with the rules and regulations of the Baltimore Police Department. In the past, the City of Baltimore has generally supported the officers by paying punitive damages as well as the compensatory damages awarded for the actual injury.  Since Andre Davis has been named as our new City Solicitor, he has adopted a policy of not paying any punitive damages despite the fact that the Police Officer has been found to have acted appropriately by the office of the State’s Attorney as well as the Baltimore Police Department.

What this means is that police officers are now required to pay these punitive damage awards, which can amount to thousands of dollars, out of their own pockets.  Since punitive damages cannot be discharged in bankruptcy, the successful citizen can file an attachment against your wages taking 25% of your net bi-weekly pay check [sic] until the amount of the punitive judgement [sic] is satisfied.

Please keep this in mind as you go about performing your duties.


Justin Fenton, a crime reporter for the Baltimore Sun, tweeted that this policy change is an “earthquake” that is blasting through the department.
https://forwardobserver.com/2018/02/new-policy-change-in-baltimore-could-make-po...

Lets hope there is a chilling effect. The police should be absolutely fearful regarding the liability they face for violating the rights of others.

If we are truly equal before the law, officers should have no more right to use force than any private citizen has.

And pubic policy should help remind the police of that rather than shield them from personal responsibility.
« Last Edit: Feb 11th, 2018 at 1:54pm by TowardLiberty »  

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robth
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Re: New policy change in Baltimore could make police officers financially responsible
Reply #1 - Feb 10th, 2018 at 3:50pm
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Well maybe someday, if there is any justice in the world, your life will be threatened by a felon and a policeman will refuse to protect you by firing his weapon for fear of a lawsuit. 

Admit it....you just don't like the police. Probably for a good reason, did you ever get arrested?
  

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TowardLiberty
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Re: New policy change in Baltimore could make police officers financially responsible
Reply #2 - Feb 10th, 2018 at 3:53pm
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robth wrote on Feb 10th, 2018 at 3:50pm:
Well maybe someday, if there is any justice in the world, your life will be threatened by a felon and a policeman will refuse to protect you by firing his weapon for fear of a lawsuit. 


Do you really wish harm on me because I want higher standards for the police?

What kind of madness is that?

Quote:
Admit it....you just don't like the police. Probably for a good reason.


Its not about like or dislike.

From the perspective of private property, individual liberty and the rule of law, there is a problem with the police. Full stop.

This article explains one possible path for dealing with this problem.

I would note that conservatives get real tribal when you start talking about the police. Not so for other governmental bodies. But when it comes to the police, there is a snowflake tendency on the part of many.

I say this because your response is thoroughly personal while the actual substance of the issue goes unmentioned in your post. You're triggered.
« Last Edit: Feb 10th, 2018 at 4:04pm by TowardLiberty »  

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Re: New policy change in Baltimore could make police officers financially responsible
Reply #3 - Feb 10th, 2018 at 4:25pm
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robth wrote on Feb 10th, 2018 at 3:50pm:
Well maybe someday, if there is any justice in the world, your life will be threatened by a felon and a policeman will refuse to protect you by firing his weapon for fear of a lawsuit. 

Admit it....you just don't like the police. Probably for a good reason, did you ever get arrested? 

And i hope you feel the same way about demonizing the FBI
  

Jasmine wrote on May 6th, 2018 at 7:43pm:
Yes, I heard about this. Just goes to show McLame’s true loyalties. Hopefully, Trump won’t go to his funeral very, very soon.


TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."
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TowardLiberty
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Re: New policy change in Baltimore could make police officers financially responsible
Reply #4 - Feb 10th, 2018 at 4:30pm
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Wadsworth wrote on Feb 10th, 2018 at 4:25pm:
And i hope you feel the same way about demonizing the FBI

Given the FBI's history surrounding COINTELPRO I would think the left would join the right in criticizing the FBI. That said I don't think they are critical enough of the FBI, seeing only a few bad actors politicizing things in the last election rather than an entire organization that is rotten from the neck down.
  

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Re: New policy change in Baltimore could make police officers financially responsible
Reply #5 - Feb 10th, 2018 at 4:31pm
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There is a lot of corruption in the police department in Baltimore.

Several police officers in Baltimore have been accused of stealing hundreds of thousands of dollars, selling drugs and guns, robbing homes and arresting innocent people.

A police officer who was murdered with his own gun  was set to testify in a police corruption case the next day.

Why not hold them accountable.  The riots in Baltimore was more about the corruption than Freddy Grey.  Freddy was just the straw that broke the camel's back.
« Last Edit: Feb 10th, 2018 at 4:40pm by Wadsworth »  

Jasmine wrote on May 6th, 2018 at 7:43pm:
Yes, I heard about this. Just goes to show McLame’s true loyalties. Hopefully, Trump won’t go to his funeral very, very soon.


TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."
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walkstall
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Re: New policy change in Baltimore could make police officers financially responsible
Reply #6 - Feb 10th, 2018 at 4:32pm
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TowardLiberty wrote on Feb 10th, 2018 at 3:43pm:
With all the corruption at the Baltimore PD coming out lately, this is a welcomed change.

We know men are not angels. This applies to police officers too. So perhaps it is smart to alter the incentives police face such that they become individually responsible for their actions rather than externalizing responsibility on to the taxpayer.

When they taxpayer is holding the bag police officers face moral hazard. Someone else pays the cost for their bad behavior and thus there is little incentive for it to cease.

https://forwardobserver.com/2018/02/new-policy-change-in-baltimore-could-make-po...

Lets hope there is a chilling effect. The police should be absolutely fearful regarding the liability they face for violating the rights of others.

If we are truly equal before the law, officers should have no more right to use force than any private citizen has.

And pubic policy should help remind the police of that rather than shield them from personal responsibility.




GOOD LUCK in having a PD that will give a shit when something goes down.  Or even having a PD.  Grin
  

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Re: New policy change in Baltimore could make police officers financially responsible
Reply #7 - Feb 10th, 2018 at 4:32pm
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TowardLiberty wrote on Feb 10th, 2018 at 4:30pm:
Given the FBI's history surrounding COINTELPRO I would think the left would join the right in criticizing the FBI. That said I don't think they are critical enough of the FBI, seeing only a few bad actors politicizing things in the last election rather than an entire organization that is rotten from the neck down.

I don't think the FBI is rotten from the core.  There are a few bad apples in every organization.  Including local police.
  

Jasmine wrote on May 6th, 2018 at 7:43pm:
Yes, I heard about this. Just goes to show McLame’s true loyalties. Hopefully, Trump won’t go to his funeral very, very soon.


TowardLiberty wrote on Mar 29th, 2018 at 8:34pm:
I'll try but it might be beyond my ability. Insulting is "like 90% of what I do here."
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TowardLiberty
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Re: New policy change in Baltimore could make police officers financially responsible
Reply #8 - Feb 10th, 2018 at 4:38pm
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walkstall wrote on Feb 10th, 2018 at 4:32pm:
GOOD LUCK in having a PD that will give a shit when something goes down.  Or even having a PD.  Grin

Really?

Do you really believe the police have to be given a free pass from individual responsibility in order for a police department to even exist?

Why?
  

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TowardLiberty
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Re: New policy change in Baltimore could make police officers financially responsible
Reply #9 - Feb 10th, 2018 at 4:39pm
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Wadsworth wrote on Feb 10th, 2018 at 4:32pm:
I don't think the FBI is rotten from the core.  There are a few bad apples in every organization.  Including local police.
Well we can just agree to disagree on that.
  

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