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As far as the tort bit goes, Iowa juries aren't exactly in the habit of giving defendants large judgments especially when the po po is involved. Not to mention most police depts etc have some, if not blanket, tort immunity.
In these circumstances, settlements are not a bad thing so I am sure his attorney did some calculus and this is what our local market bears.
Can you show me other multi million dollar settlements in the State of Iowa for an intentional tort such as false imprisonment? If you can, that number has to be less than 5.It's a catch-22.
If the person detained in these circumstances would have been an ordinary run-of-the-mill person who didn't need the money and didn't have the sketchy background, I think that the facts and circumstances would put a value of several million dollars on the case.
That written, an ordinary run-of-the-mill person would have sufficient means to fight the criminal case quickly, get out of jail quickly and the situation doesn't fester into what it did for this person.
It truly demonstrates the difference in what type of "justice" can be achieved for those with means and those with minimal means and a troubled background.
I'm not convinced that the "everyday Joe" or "everyday Jane" truly realize how different it can be for those with means and those without.
And . . . before any accuses me of anything . . . I'm not claiming the Plaintiff is a good guy. There's plenty to suggest that he hasn't been a good guy for the entirety of his life. I have zero idea if he turned it around after his conviction.
Yep, good ol' Kim Jong Reynolds and the boys.It’s the problem I have with law enforcement issues today. When they screw up, the public is all too often either left completely in the dark regarding any consequences for the officers, it Seemingly gets swept under the rug, or nothing major actually happens to the cops.
last year i believe Iowa gop passed a law that made it even harder to sue cops when they screw up.
Precisely. You have caught on to the ole GOP talking point of "tort reform." Central to said tort reform is capping or grossly reducing jury verdicts aka $$$$$$$$$$.Yep, good ol' Kim Jong Reynolds and the boys.
Probably a known quantity to the LEO. Figured take him in and find something later. He's usually up to something anyway.It's a catch-22.
If the person detained in these circumstances would have been an ordinary run-of-the-mill person who didn't need the money and didn't have the sketchy background, I think that the facts and circumstances would put a value of several million dollars on the case.
That written, an ordinary run-of-the-mill person would have sufficient means to fight the criminal case quickly, get out of jail quickly and the situation doesn't fester into what it did for this person.
It truly demonstrates the difference in what type of "justice" can be achieved for those with means and those with minimal means and a troubled background.
I'm not convinced that the "everyday Joe" or "everyday Jane" truly realize how different it can be for those with means and those without.
And . . . before any accuses me of anything . . . I'm not claiming the Plaintiff is a good guy. There's plenty to suggest that he hasn't been a good guy for the entirety of his life. I have zero idea if he turned it around after his conviction.
Precisely. You have caught on to the ole GOP talking point of "tort reform." Central to said tort reform is capping or grossly reducing jury verdicts aka $$$$$$$$$$.
Probably a known quantity to the LEO. Figured take him in and find something later. He's usually up to something anyway.
Well if he passed all the tests and he was processed anyway. Certainly appears to be that way. At least they didn't sprinkle crack on him.That’s even worse imo.
Can you show me other multi million dollar settlements in the State of Iowa for an intentional tort such as false imprisonment? If you can, that number has to be less than 5.
Gave you a like for the Kim “ Jong “ Reynolds reference. The “ Covid Kim “ is so passé…Yep, good ol' Kim Jong Reynolds and the boys.
I'm guessing that money is taxed and the lawyers take half. He's looking at 30k a year$80k'ish for 5 years? Pretty good salary for just sitting around. Granted he had to go through some shit to get there, but not a bad price (in my opinion)
I'm guessing that money is taxed and the lawyers take half. He's looking at 30k a year
I'm guessing that money is taxed and the lawyers take half. He's looking at 30k a year
Yeah it was time for something else.Gave you a like for the Kim “ Jong “ Reynolds reference. The “ Covid Kim “ is so passé…
Is this Anthony Watson the former wrestler?
NoIs this Anthony Watson the former wrestler?
This is surprising because most of the sheriffs we work with say anymore when someone seems drunk they call us to come check their blood sugar because they kept taking people with diabetic emergencies to jail saying they were drunk.Maybe his behavior made him appear drunk as a side affect of brain injury?
I assume he was ok to drive but clearly the police did pay attention to details/procedure.
Thank you for echoing what I've been bleating post after post. If you're not an attorney, you should be 😀Just to point out a couple of things. First, those of you saying this guy had a bad lawyer have absolutely no idea what you are talking about. Marty Diaz is as good as they come. There are others who are also excellent - but Marty is no joke. Most of us in this business would not hesitate to let Marty represent us if we were injured. If you have any doubts go look up the pleadings then come back and discuss it. Marty has more than 300 pages of briefing and it went up to the Supreme Court on a request for interlocutory appeal. There is a ton of excellent work in this.
Second, I know for a fact the case was settled with tax consequences in mind. The Plaintiff ended up with more net money in the end because of that.
Third, in the end the client chooses whether to accept the settlment not the lawyer. Lawyers are hired to try cases. The good ones approach it with that in mind and not with settlement as the first option. Marty would have tried this case in a heartbeat and he would have done well. If a jury returns a zero verdict, however, there is no recourse. In addition you need to understand there is a very real possibility the Iowa Supreme Court may have weighed in on this issue of qualified immunity. The Iowa Supreme Court appears to be expanding qualified immunity not restricting it. You can look at a case called Lenette which came down last month that does just that. In other words this could have been litigated for the next 2 years and the plaintiff came out with zero.
Do not confuse google with law degrees and experience. Period.
Damn, a Pepsi in the same thread.In Florida, there's a cap on damages one can receive for false arrest. No one is winning the lottery because of police misconduct.
Don't know about Ioway.
Changed my opinion in the thread. Still feels low. But I have a different world experience from the plaintiff.Just to point out a couple of things. First, those of you saying this guy had a bad lawyer have absolutely no idea what you are talking about. Marty Diaz is as good as they come. There are others who are also excellent - but Marty is no joke. Most of us in this business would not hesitate to let Marty represent us if we were injured. If you have any doubts go look up the pleadings then come back and discuss it. Marty has more than 300 pages of briefing and it went up to the Supreme Court on a request for interlocutory appeal. There is a ton of excellent work in this.
Second, I know for a fact the case was settled with tax consequences in mind. The Plaintiff ended up with more net money in the end because of that.
Third, in the end the client chooses whether to accept the settlment not the lawyer. Lawyers are hired to try cases. The good ones approach it with that in mind and not with settlement as the first option. Marty would have tried this case in a heartbeat and he would have done well. If a jury returns a zero verdict, however, there is no recourse. In addition you need to understand there is a very real possibility the Iowa Supreme Court may have weighed in on this issue of qualified immunity. The Iowa Supreme Court appears to be expanding qualified immunity not restricting it. You can look at a case called Lenette which came down last month that does just that. In other words this could have been litigated for the next 2 years and the plaintiff came out with zero.
Do not confuse google with law degrees and experience. Period.
What happened to wrestler? Kid was gifted. Won a title after having started only a couple years before if I remember correctly.