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Man wrongly jailed for 15 months awarded 1 million dollars

Posted: Thu Apr 03, 2014 4:40 pm
by Carzan
http://dailycaller.com/2014/04/02/man-w ... -had-lied/" onclick="window.open(this.href);return false;


Edit - the video is near the bottom of the story

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Thu Apr 03, 2014 4:42 pm
by Carzan
Here's the story from WFAA channel 8
http://www.wfaa.com/news/crime/Dallas-s ... 64441.html" onclick="window.open(this.href);return false;

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Thu Apr 03, 2014 7:46 pm
by C-dub
Seems a little low.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Thu Apr 03, 2014 7:55 pm
by TexasVet
yes. considering that his lawyer will take 30-40% of that, then taxes..

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Thu Apr 03, 2014 9:48 pm
by scottmeador
TexasVet wrote:yes. considering that his lawyer will take 30-40% of that, then taxes..
Is there an income tax on monetary settlements/damages?

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Thu Apr 03, 2014 9:56 pm
by philip964
scottmeador wrote:
TexasVet wrote:yes. considering that his lawyer will take 30-40% of that, then taxes..
Is there an income tax on monetary settlements/damages?
I don't think yet.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Fri Apr 04, 2014 6:22 am
by anygunanywhere
philip964 wrote:
scottmeador wrote:
TexasVet wrote:yes. considering that his lawyer will take 30-40% of that, then taxes..
Is there an income tax on monetary settlements/damages?
I don't think yet.
Give them time.

Anygunanywhere

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Fri Apr 04, 2014 9:00 am
by b322da
scottmeador wrote:
TexasVet wrote:yes. considering that his lawyer will take 30-40% of that, then taxes..
Is there an income tax on monetary settlements/damages?
Sometimes, and sometimes not. Take a look at http://www.irs.gov/irb/2012-12_IRB/ar05.html" onclick="window.open(this.href);return false;. (Being well-retired I cannot guarantee this is the latest word from the IRS).

In any event, one anticipating monetary damages after a settlement should discuss this question with her attorney before the settlement agreement is drafted. The wording of a settlement agreement might decide such a question in a particular case, as might the wording of a judgment.

Jim

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Fri Apr 04, 2014 12:25 pm
by VMI77
The settlement should be more AND the cop who assaulted him and lied should be in prison for a minimum of 15 months.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Fri Apr 04, 2014 12:29 pm
by Dragonfighter
OOOPS! Deleted and reposted in the proper thread...Need more coffee.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Fri Apr 04, 2014 12:40 pm
by cb1000rider
VMI77 wrote:The settlement should be more AND the cop who assaulted him and lied should be in prison for a minimum of 15 months.
I agree with that...


This is just another reason of why on-person cams should be mandatory for every single law enforcement officer in America. It'll protect the good officers, help with prosecuting bad guys, and keep this kind of brutality away from people.
One thing I don't understand:
"Jones was arrested for aggravated assault of a police officer and spent 15 months in jail until his attorney started requesting the dash camera videos as evidence."

Ugh, why didn't his attorney do that out of the gate? Maybe because he's a public defender? Or is this referring to the civil attorney that's getting paid in the lawsuit.

Why wasn't the video shown in court? If police are testifying and they're not bringing video, something is wrong....


"Chief Brown stressed the city settled because focus groups told them they would lose the case.
Brown also said since this happened, he has enacted stricter policies on how investigations like this are handled. He also says he is disciplining officers more who violate the department's rules and cross over the line."

Focus groups told him to settle, not that it was the right thing to do.
Disciplining officers "more" who cross over the line? Where's the follow up on every single officer involved. They're ALL at fault here.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Mon Apr 07, 2014 10:06 am
by VMI77
cb1000rider wrote:
VMI77 wrote:The settlement should be more AND the cop who assaulted him and lied should be in prison for a minimum of 15 months.
I agree with that...


This is just another reason of why on-person cams should be mandatory for every single law enforcement officer in America. It'll protect the good officers, help with prosecuting bad guys, and keep this kind of brutality away from people.
One thing I don't understand:
"Jones was arrested for aggravated assault of a police officer and spent 15 months in jail until his attorney started requesting the dash camera videos as evidence."

Ugh, why didn't his attorney do that out of the gate? Maybe because he's a public defender? Or is this referring to the civil attorney that's getting paid in the lawsuit.

Why wasn't the video shown in court? If police are testifying and they're not bringing video, something is wrong....


"Chief Brown stressed the city settled because focus groups told them they would lose the case.
Brown also said since this happened, he has enacted stricter policies on how investigations like this are handled. He also says he is disciplining officers more who violate the department's rules and cross over the line."

Focus groups told him to settle, not that it was the right thing to do.
Disciplining officers "more" who cross over the line? Where's the follow up on every single officer involved. They're ALL at fault here.
Oh yeah, btw, settlements like this should come directly from the offending police department's budget --decreasing it by the amount of the award so that the entire department feels the pain instead of taxpayers, and thus, has an incentive to prevent lawless behavior.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Mon Apr 07, 2014 10:47 am
by C-dub
Out of the department's budget? I like that!!!

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Mon Apr 07, 2014 6:01 pm
by WildBill
C-dub wrote:Seems a little low.
For you or me it seems low, but it depends on the demands of the plaintiff and the perception of the jury.

For some people $400,000 [his take] seems like a fortune. For many, it is more money that they have seen in their lifetime.

If the man had been younger, had a high paying job, he probably would have asked for and been awarded a larger sum.

Re: Man wrongly jailed for 15 months awarded 1 million dolla

Posted: Mon Apr 07, 2014 6:23 pm
by Charles L. Cotton
$1.1 million for 15 months is an excellent recovery.

The officer who lied should be prosecuted for aggravated assault, perjury (if he testified before a grand jury), for falsifying a government document (police reports and other documents) and should receive the maximum possible sentence on each offense. He should serve his time in the general population.

It's inexcusable that neither the police nor prosecutors watched the dash camera(s) for 15 months. The officers involved in the investigation should be fired and lose their TCOLE licenses and the prosecutor(s) should be disbarred. Incompetence may not be criminal, but it should not be tolerated and the public shouldn't be required to bear the burden of professional incompetence.

Chas.