Delta sued for gun-related arrest

[baldeagle]

If you want to make the two analogous, the gunshot wound would have to occur after the hospital had already told the prospective patient that if he gets shot, they will report it and the gunshot wound would have to occur within the hospital.

Unless things are very different in NY airports he didn't buy the gun from Delta. He had it in New York before he walked into the airport, same as the patient had the GSW before walking into the hospital.

He checked the gun in SD. Delta said nothing. He rechecked in NYC. Delta turned him. Delta has no culpability at all?

[Oldgringo]

{snip}

If NYCity was separate from NY State, I would be willing to bet that the state would be shall issue and traveler friendly.

I strongly suspect the same could be said for Illinois, Kalifornia, Oregon and Washington. Separate the liberal population centers from the general populace and you'll find normal (like us ) people.

[sjfcontrol]

{snip}

If NYCity was separate from NY State, I would be willing to bet that the state would be shall issue and traveler friendly.

I strongly suspect the same could be said for Illinois, Kalifornia, Oregon and Washington. Separate the liberal population centers from the general populace and you'll find normal (like us ) people.

I can pretty much guarantee that if you were to drop LA and SF into the ocean, California would become a very desirable location for conservatives. It's only been in the last 20-30 years or so when CA went liberal. Remember where Ronald Reagan came from.

[apostate]

He checked the gun in SD. Delta said nothing. He rechecked in NYC. Delta turned him.

As far as I know, he wasn't breaking any laws by possessing a handgun in South Dakota. There was no crime to report in SD.

However, it appears he was breaking the law by simply possessing a handgun in New York City, so there was a crime to report. We can argue whether that law is constitutional (I, for one, believe it isn't) but that's a separate issue from Delta's civil liability for an employee calling police when the employee believes they witnessed a crime.

[Oldgringo]

He checked the gun in SD. Delta said nothing. He rechecked in NYC. Delta turned him.

As far as I know, he wasn't breaking any laws by possessing a handgun in South Dakota. There was no crime to report in SD.

However, it appears he was breaking the law by simply possessing a handgun in New York City, so there was a crime to report. We can argue whether that law is constitutional (I, for one, believe it isn't) but that's a separate issue from Delta's civil liability for an employee calling police when the employee believes they witnessed a crime.

You reckon the Delta employee is a Bloomberg mole?

[apostate]

You reckon the Delta employee is a Bloomberg mole?

Probably not. If he or she was, I reckon we would have heard of this when the dude was arrested, rather than making the national news only after he sued Delta because one of their employees dropped a dime.

[srothstein]

Hospitals routinely report gunshot wounds to the police. Does a hospital have a duty to inform a gunshot victim the police will be notified, and must they do so before the patient provides the hospital with their name or other PII?

You raise an interesting point, probably without realizing it. It is a violation of federal law (HIPPA) to tell someone about a patient's medical status without permission. I wonder how this affects hospitals reporting gunshots. Incidentally, the reporting to the police may be "tv law" not real law. I am not aware of such a law, but a quick search found a law to report some types of traumatic injuries to the state Department of Health.

But the much bigger flaw in your analogy is the fact that being a gunshot victim is not a crime.

[jimlongley]

Hospitals routinely report gunshot wounds to the police. Does a hospital have a duty to inform a gunshot victim the police will be notified, and must they do so before the patient provides the hospital with their name or other PII?

You raise an interesting point, probably without realizing it. It is a violation of federal law (HIPPA) to tell someone about a patient's medical status without permission. I wonder how this affects hospitals reporting gunshots. Incidentally, the reporting to the police may be "tv law" not real law. I am not aware of such a law, but a quick search found a law to report some types of traumatic injuries to the state Department of Health.

But the much bigger flaw in your analogy is the fact that being a gunshot victim is not a crime.

In NY (state) hospitals are required to report GSW to the police. When we took a patient in to the hospital from our suburb, accompanied by the police officer who shot him, the hospital reported it to the city police without regard for the fact that the patient was handcuffed to the bed and that a city officer was already there. The dispatcher, pre-911 days, thought there was an emergency (the patient was coming in through the emergency room) and "pulled the hook." For a few minutes it was very crowded in the ER.

When we lived in IL I was cleaning one of my parrot's cages, when the dingbat bird bit me and I yanked my hand away, banging it and scraping it on the cage. I really thought I had broken my thumb and typical of hand injuries I was bleeding a lot, so my wife "encouraged" me to go to the ER. While the pretty little nurse was cleaning up the wound and waiting for x-ray results, we were chatting and she asked me how I came to bang my hand up this way. So I told her that my parrot had bitten me and I had foolishly yanked my hand away and the bang had caused all the injury, if I had just left the finger where it was, the damage would have been much less. I thought it was funny ironic.

The next thing I knew I was being presented with forms to fill out to report an animal caused injury so that it could be reported to animal control. I objected to this strenuously and things got a little loud when the administrator had the gall to say she was going to report me to the police for failure to report and so on. I refused to fill out their stupid paperwork, but still received a visit from animal control the following week. I would not let them in the house and they were pretty upset that I was insisting on a warrant, their logic was that because they were not LEOs they didn't need a warrant.

I left IL, with my birds, before the next step happened.

[apostate]

Hospitals routinely report gunshot wounds to the police. Does a hospital have a duty to inform a gunshot victim the police will be notified, and must they do so before the patient provides the hospital with their name or other PII?

You raise an interesting point, probably without realizing it. It is a violation of federal law (HIPPA) to tell someone about a patient's medical status without permission. I wonder how this affects hospitals reporting gunshots. Incidentally, the reporting to the police may be "tv law" not real law. I am not aware of such a law, but a quick search found a law to report some types of traumatic injuries to the state Department of Health.

But the much bigger flaw in your analogy is the fact that being a gunshot victim is not a crime.

Indeed. Both of those are splendid arguments why the hospital would have an even greater obligation to warn the patient in advance of their intent to notify the police.

[C-dub]

I was going to make the same point as Jim. When I worked in a hospital I was told by those that worked in the ER that they were required to notify LE of animal bites and GSW. I think this was due to the probability of a crime having been committed. It is also my personal opinion that the notification of animal bites is based upon, but not limited to, bias of many PETA type folks that would just as soon rid us of all our pets. They are also required to notify the Health Department of many types of communicable diseases.

[recaffeination]

If someone with a CA medical mj card had mj in his bag at DFW and an airline employee called the cops, would the airline be at fault? Would it matter if the airlne employee in CA didn't warn him mj is illegal in Texas?

[Jim Beaux]

Ironic. Delta contracts with passenger to safely & efficiently transport him & his weapon; and then reports him to the police!

[WildBill]

Hospitals routinely report gunshot wounds to the police. Does a hospital have a duty to inform a gunshot victim the police will be notified, and must they do so before the patient provides the hospital with their name or other PII?

You raise an interesting point, probably without realizing it. It is a violation of federal law (HIPPA) to tell someone about a patient's medical status without permission. I wonder how this affects hospitals reporting gunshots.

I am sure that the courts would rule something about serving a greater interest or whatever the proper legal term is. There is probably already case law regarding to type of incident.

[GEM-Texas]

NYC gun laws are a horror. However, the Delta website says that if you check a gun, YOU are responsbile to know the laws at your destination.

You are stupid if you don't. So that's a college president! Impressive. Also, I'm not OK with LET'S SUE - esp. when YOU are stupid.

This is independent of NY gun laws being ridiculous and should be found unconstitutional and all that.

Hope the President of that school doesn't spill his McD coffee in his lap, then he can sue them.

[Hector]

NYC gun laws are a horror. However, the Delta website says that if you check a gun, YOU are responsbile to know the laws at your destination.

You are stupid if you don't. So that's a college president! Impressive. Also, I'm not OK with LET'S SUE - esp. when YOU are stupid.

Those who can't do, teach.
Those who can't teach, administrate.