Is this a legitimate lawsuit
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Posted on Mar 27, 2008 07:56 am
dbmasters
Administrator Since: Apr 03, 2002
www.cnn.com/2008/US/law/0...eath/index.html
After reading this article, I think it's a pretty frivilous lawsuit from a very unfortunate situation...
Just curious to get the pulse of HRC members on this as we seem to have a pretty wide variety of opinions here.
It just seems to me that this death was nobody's fault but the but the drunken, angry lady herself.
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HuePinnipedal Czar (: 3= Member
Since: Apr 11, 2004
Mar 27, 2008 08:31 am What I don't ge is why she was still handcuffed, if she was already in a cell . That, and how the heck does one strangle themselves by trying to get out of handcuffs ???
The whole thing sounds a bit fishy to me .
Mar 27, 2008 08:44 am She would remain handcuffed if she was still out of control, kicking and screaming, even if she was in a cell...maybe even shackled. That, to me, isn't really that hard to believe at all.
I did, however, have the thought of how one would actually strangle themselves with 6 inches od available chain on a handcuff set...however, if it was the kind that straps around your waist with your hands at your sides, I could see some weird contortions from a possibly skinny, undernourished alcoholic...if that was the case.
if it was normal handcuffs I could sooner see a dislocated shoulder or something of that nature from trying to get out of handcuffs...
But then, never underestimate the strength and stupidity of an enraged drunk.
I guess my main curiousity is wondering if it's the police officers job to babysit a drunken idiot, or if it's simply their job to keep them from hurting others...I'd suggest it's not their job to make sure she doesn't hurt herself, just to keep her from hurting others...but there are arguments there both ways.
Keith WarrenMans reach exceeds his graspMember
Since: Oct 23, 2007
Mar 27, 2008 08:46 am From what I gather the handcuffs were left on in a holding cell, which is pretty standard when they're contacting family and filling out paperwork- because it's just for a half hour or so and she was clearly disturbed. They shouldn't have put her in the cell, but they probably didn't feel like dealing with her.
As for whether or not it's a viable case, that's kind of up in the air. It does seem like there's a considerable amount of negligence on the authorities part given her state of mind, but then again you can only do so much for someone like that, and it seems like their decisions were justifiable.
It's a toss up for me. One thing's for sure though; if it doesn't settle in litigation to avoid PR, both attorneys have plenty of arguments to substantiate their cases. Should be an interesting one to follow.
WaltChief Cook and Bottle WasherMember
Since: May 10, 2002
Mar 27, 2008 08:53 am Ahh yes, but we now live in the land void of personal responsibility. When I was on an ambulance crew I hated getting drunken fool calls. I heard tale of one drunk who was ripping apart the back of the rig and got cold cocked somehow. Can't confirm or deny the rumor. What the heck, the press will make a few bucks, the lawyers and their make up artists, script writers, as such should fare well. It generates revenue flow; something we don't do a lot of here in the U.S. anymore.
Mar 27, 2008 09:24 am Put me on the side of the lady making some poor decisions and then having to suffer the natural consequences. The only one that did anything wrong is the lady. Too bad she had to die, but we are nothing if not the victims of our own poor choices.
If only more people would realize this...
Mar 27, 2008 09:26 am Quote:
we are nothing if not the victims of our own poor choices
Well stated.
pjkPrince CZAR-mingMember
Since: Apr 08, 2004
Mar 27, 2008 10:09 am Quote:
Gotbaum was treated "as if she was a dangerous criminal, rather than as a sick, intoxicated and vulnerable person she was," it says. "She had no weapon and never threatened anyone."
To me, authorities don't know what she's on, and to resist arrest is a threat in and of itself. I'd bet that a money-grubbing, ethics-smashing leach of a lawyer talked them into this suit. Heck, maybe the family is just greedy smurfs as well.
It wouldn't surprise me.
In my view, authorities were probably dealing with a very belligerent, unruly, loudmouthed, drunken anger-queen. So they cuffed her, and none of them wanted to remove the cuffs when she's writhing around and violent, so they just put her in a cell to cool down. It stated she was screaming for several minutes, so she obviously wasn't calm when they put her in the cell.
I don't know about you, but I'd rather not be the one to remove handcuffs from a enraged drunk. Keep them on till the person calms down. They may be pissed later, but at least a cop doesn't have to go home with a gash in the side of his head.
I'd be interested to find out exactly how she died, if she was trying to free herself, then I can't see how the authorities did anything wrong. I'm sure they've done this type of restrain & control a ton of times, and nothing bad has happened. It sounds like the lady made a string of bad decisions, one of which was to be drinking.
BeerHunterwww.TheLondonProject.caMember
Since: Feb 07, 2005
Mar 27, 2008 10:24 am This reminds me of a story about Ron Taback from the Canadian band, Prism. Ron was riding his bicycle around erratically so the police took him into custody assuming he was impaired. He wasnt' impaired. He was having a brain aneurysm. Anyways, they threw him in the drunk tank and he ended up dying in a cell.
As for this lady, I kind of reserve judgement. The news never seems to report what really happened without sensationalizing the whole thing.
TallChapAnswer:On a good day, lipstick.Member
Since: Jun 24, 2004
Mar 27, 2008 11:27 am Quote:
Ahh yes, but we now live in the land void of personal responsibility.
Nicely stated.
WaltChief Cook and Bottle WasherMember
Since: May 10, 2002
Mar 28, 2008 08:54 am It's a popular myth that you can save someone from themselves, but once you've experienced an addiction at a personal level it becomes clear that it is truely up to the addict.
Mar 28, 2008 10:44 am It really is...you can force that person to take treatment, have interventions and do anything else...it's feudal unless they truly want to get help.
I know, that person was me many years back...