Advertisement

Drudge Retort: The Other Side of the News
Wednesday, September 16, 2020

Attorneys for Breonna Taylor's family have reached an agreement with the City of Louisville ... The settlement includes a significant amount of money reaching into the millions of dollars, sources told WAVE 3 News. It is expected to be one of the largest settlements following an officer-involved shooting in Louisville police history.

More

Comments

Admin's note: Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

The news comes six months after the deadly raid at Taylor's home, where Sgt. Jon Mattingly also was shot by Taylor's boyfriend, Kenneth Walker. Walker was charged with attempted murder of a police officer, but that charge was later dropped.

Mattingly, who would recover from his injury, was placed on administrative reassignment, per department protocol, along with the two other officers involved in the shooting. Brett Hankison was later fired for "blindly" firing 10 shots into Taylor's apartment from outside, according to his termination letter. Det. Myles Cosgrove was the other officer who fired his weapon that night.

The settlement comes days after WAVE 3 News first reported that the state's criminal case will be presented to a grand jury to determine whether any of the officers who fired their weapons that night will face charges.

It's always interesting that cities seem to agree that certain conduct of their police force merit civil awards to victims and/or their families, yet there is always a struggle to hold such conduct criminally accountable at the same time.

I know the standards of proof are wildly different, but there never seems to be any problem with charging non-police with almost anything. Such is life... and death.

#1 | Posted by tonyroma at 2020-09-15 09:26 AM | Reply | Newsworthy 1

There are laws that seem to allow police to kill people with immunity. Those laws may need to be changed.

What Is Qualified Immunity, and What Does It Have to Do With Police Reform?
https://www.lawfareblog.com/what-qualified-immunity-and-what-does-it-have-do-police-reform

 
Also significant is the role of the police themselves, in choosing their unions' directions. Do the unions act to protect bad policemen, as they seem to do, via their union contracts?

Interesting op-ed...

Op-Ed: Police union contracts shield bad cops from punishment. Here's how to rein them in
www.latimes.com

#2 | Posted by LampLighter at 2020-09-15 10:04 AM | Reply | Newsworthy 1

What Is Qualified Immunity, and What Does It Have to Do With Police Reform?

#2 | POSTED BY LAMPLIGHTER AT 2020-09-15 10:04 AM | FLAG:

Rand Paul has been pushing to end QE for awhile. Neither party supports it. The effort recently ended up with protesters getting in his and his wive's face yelling SAY HER NAME, despite being the author of the Justice for Breonna Taylor Act.

...

#3 | Posted by sitzkrieg at 2020-09-15 11:15 AM | Reply

Flashback to the Bernie vs Biden round tables. Bernie supports all for ending QI. The best Biden's camp could do is "sign a memo seeking to reign it in", to which the moderator pointed out that it was a binary issue that you can't selectively enforce as you feel.

#4 | Posted by sitzkrieg at 2020-09-15 12:02 PM | Reply

@#4

Qualified Immunity is much more a state and local issue. The state and local governments need to go up against the police unions to change it.

New Connecticut Law Limits Police Immunity In Civil Rights Lawsuits, But Loopholes Remain
www.forbes.com

#5 | Posted by LampLighter at 2020-09-15 01:18 PM | Reply

The settlement has just been announced: $12 million.

While life is priceless, this amount is quite remarkable and likely indicative of just how egregious the police conduct was under the circumstances.

Louisville obviously didn't want this to go in front of a jury.

#6 | Posted by tonyroma at 2020-09-15 02:29 PM | Reply | Newsworthy 1

$12 Million is a small price to pay, to keep blacks in their place.

#7 | Posted by snoofy at 2020-09-15 02:40 PM | Reply | Newsworthy 1

Qualified Immunity is much more a state and local issue. The state and local governments need to go up against the police unions to change it.

#5 | POSTED BY LAMPLIGHTER AT 2020-09-15 01:18 PM | FLAG:

It will be mostly with the SC, but Congress can do a lot. QI applies to the federal police that have been grabbing protesters, sort of a hot button issue lately.

"Because qualified immunity is a product of statutory interpretation, Congress has wide authority to amend, expand, or even abolish the doctrine. For example, H.R. 7085"the Ending Qualified Immunity Act"would amend Section 1983 by abolishing both the "good faith" defense and the defense that the law was not clearly established at the time of the alleged misconduct. A similar proposal"limited to cases brought against certain state and local police officers and federal investigative or law enforcement officers, as defined in 28 U.S.C. 2680(h)"is found in the Justice in Policing Act of 2020. These proposals would effectively eliminate the judicially created doctrine applied in modern Section
1983 litigation and in any actions against federal law enforcement officers. "

#8 | Posted by sitzkrieg at 2020-09-15 02:41 PM | Reply

#8

QI was invented by the courts (as you note) and our current Senate is not going to pass any meaningful constraints upon the police while President Trump has consistently called for them to use more force on suspects, not less.

I hope that reasonable legislation can be passed in the next Congress and signed into law by President Biden. The issue is going nowhere as long as Trump is in the White House and Republicans control the Senate.

#9 | Posted by tonyroma at 2020-09-15 02:55 PM | Reply

@#8

Thanks.

I may have been too focused on the "think globally, act locally" meme.

:)

#10 | Posted by LampLighter at 2020-09-15 02:56 PM | Reply

"QI was invented by the courts (as you note)"

Did any Republicans accuse them of Judicial Activism, when they legislated QI from the bench?

I bet they cheered the victory for law and order, by exempting police from the law.

#11 | Posted by snoofy at 2020-09-15 03:02 PM | Reply

More on the settlement...

Louisville to pay $12 million settlement to family of Breonna Taylor
www.axios.com

...The settlement contains reforms on the approval process for and execution of search warrants, the hiring of social workers at LMPD, and a commitment to increase drug and alcohol testing of officers involved in any shooting, Louisville Mayor Greg Fischer announced Tuesday.

Other changes include encouraging officers to perform at least two paid hours a week of community service in the communities they serve and housing credits for officers to live in certain low-income parts of the city....


#12 | Posted by LampLighter at 2020-09-15 03:14 PM | Reply

#12 | POSTED BY LAMPLIGHTER

Wow. Legitimate policing reforms, ones that are evidence-based. I'm impressed, yet saddened it took Breonna Taylor's death to reach this point. We should all feel obligated to support and ensure this type of reform is implemented nationally.

We as citizens deserve it. And those non-corrupt, law abiding police officers that feel obligated to toe the thin blue line also deserve it. A mere fraction of the police force is holding the remaining majority hostage in this environment.

#13 | Posted by rstybeach11 at 2020-09-15 04:46 PM | Reply | Newsworthy 1

@#13 ... And those non-corrupt, law abiding police officers that feel obligated to toe the thin blue line also deserve it. A mere fraction of the police force is holding the remaining majority hostage in this environment. ...

Worth repeating.

And those non-corrupt, law abiding police officers that feel obligated to toe the thin blue line also deserve it. A mere fraction of the police force is holding the remaining majority hostage in this environment.

#14 | Posted by LampLighter at 2020-09-15 04:54 PM | Reply | Newsworthy 1

A mere fraction of the police force is holding the remaining majority hostage in this environment.
#13 | POSTED BY RSTYBEACH11

How big a fraction?
A quarter?
Three quarters?
You should ask the at-risk youth you work with, how many cops they think are racists and bullies.

#15 | Posted by snoofy at 2020-09-15 07:23 PM | Reply | Newsworthy 1

#15 | POSTED BY SNOOFY

I'd say far less than a quarter. Even less than a tenth.

And they'd say "All of them," just to make a point whether they have a mentor from law enforcement or not.

#16 | Posted by rstybeach11 at 2020-09-15 07:58 PM | Reply

@#15 ... How big a fraction? ...

I'd say a small fraction.

But I have also mentioned the "one bad apple spoils the bushel" paradigm.

Even if the percentage of bad cops is, say, 10%, my strong concern is the large problem of the blue wall of silence, i.e., the other police officers not wanting to expunge the bad cops from their ranks.


#17 | Posted by LampLighter at 2020-09-15 08:08 PM | Reply

"I'd say far less than a quarter. Even less than a tenth."

If this is really true, why do the other 90% put up with the racists and bullies?

I think some departments are racist through and through. Have you seen the Riverside Sheriff's Facebook page lately? He calls his cops Sheepdogs and criminals Wolves. And he was sad that the media didn't condemn the deputies that got shot in LA. I don't think you get to work for him unless you drink the QAnon/Buggaloo Kool-Aid.

#18 | Posted by snoofy at 2020-09-15 08:08 PM | Reply

On today of all days, this comes out on the heels of the Taylor settlement:

Documents Reveal How the Police Kept Daniel Prude's Death Quiet

Officials in Rochester, N.Y., spent months trying to suppress video footage of the police encounter that led to Mr. Prude's death.

The little some things change, the more we're reminded that for the majority, it's still a corrupted status quo.

#19 | Posted by tonyroma at 2020-09-15 08:14 PM | Reply

@#18 ... If this is really true, why do the other 90% put up with the racists and bullies? ...

That is a good question. I have always asked about the blue wall of silence.

My view is that departments such as the one you cite are the outlier and not the norm.

Then I read the articles of how white supremacists have infiltrated law enforcement, and I question my own opinion.

This is a developing issue, one that has come to the fore because of the recent ubiquity of smartphone video cameras exposing the tactics of some policemen. The quick solution will not be the proper solution because it will be driven more by emotion and the influence of emotion on politics, than be driven by a solution that goes after the root problem.


#20 | Posted by LampLighter at 2020-09-15 08:53 PM | Reply

The residents of Louisville will be the ones that suffer from the city agreeing to pay this ridiculous settlement. First, they are the ones that will see budget cuts in other areas to pay the family of this drug dealing -------. Second, the police will be more hesitant to actually do their job resulting in further crime increases in the areas most afflicted by crime already. Breona Taylor's family should not receive 1 dime for her death. They should be billed for police medical bills and the cost of the bullets the police used. Breona Taylor's drug game ties are what led to her death, not police action.

#21 | Posted by bizarro_world at 2020-09-15 10:04 PM | Reply

If this is really true, why do the other 90% put up with the racists and bullies?

Ever hear of Frank Serpico?

Through my appearance here today ... I hope that police officers in the future will not experience ... the same frustration and anxiety that I was subjected to ... for the past five years at the hands of my superiors ... because of my attempt to report corruption. I was made to feel that I had burdened them with an unwanted task. The problem is that the atmosphere does not yet exist, in which an honest police officer can act ... without fear of ridicule or reprisal from fellow officers. Police corruption cannot exist unless it is at least tolerated ... at higher levels in the department. Therefore, the most important result that can come from these hearings ... is a conviction by police officers that the department will change. In order to ensure this ... an independent, permanent investigative body ... dealing with police corruption, like this commission, is essential ...

His "fellow officers" set him up to be ambushed in a drug bust.

#22 | Posted by WhoDaMan at 2020-09-16 11:44 AM | Reply

"why do the other 90% put up with the racists and bullies?"

I don't know who originally posted that question but........

They are members of a union. I've always heard from union members that while they value their union, the worst part of it is that they struggle with getting rid of the bottom feeders. The union feels compelled to defend and support them.

#23 | Posted by eberly at 2020-09-16 11:52 AM | Reply

$12 million taxpayer dollars somehow absolves the wrongful killing of Breonna Taylor?

Not in my opinion.

But, good for her family. I guess a payoff is similar to justice.

#24 | Posted by ClownShack at 2020-09-16 11:58 AM | Reply

The union feels compelled to defend and support them.

No, the union is contracted to defend and support them. That is what union membership is all about - the resources of the group are utilized to defend all individuals from unjust punishment or reaction from their employer.

And it does indeed lead to the union representing members who've done some egregious and idiotic things. Trust me though, those in union leadership know when a member is truly on the wrong side, and they do not often go to the mat for such people. But they do go through the motions because they have to.

#25 | Posted by tonyroma at 2020-09-16 12:00 PM | Reply

"The union feels compelled to defend and support them."

If they Union doesn't defend them, that opens the Union up to lawsuits. It sucks, 100%.

Eons ago, my local had a guy doing VOs under the table for years. When the Forbes 100 company decided to replace him, he sued them for back pay. Both the VO guy and the ad agency each accused the other of pressuring to get the under-the-table agreement. I wanted to go after both the worker and the ad agency, since it didn't matter who was right, both entities had broken our rules. We were told by the National's lawyers in no uncertain terms we not only couldn't go after the guy working under the table, we had to take his side and defend him. I was furious, and during a meeting I couldn't get to, the rest of the board voted to agree with the National's lawyers. I would've fought that decision tooth-and-nail.

#26 | Posted by Danforth at 2020-09-16 12:05 PM | Reply

#25 was in regards to non-police unions. Funny thing, I used to be friends with an attorney hired by the FOP who specializes in representing police charged with criminal conduct, usually from when they're on the job.

And unfortunately, he usually wins almost all his cases, but he has no delusions about what he's doing. But like any defense attorney worth their salt in court, he is passionately devoted to his clients. He has a special talent for getting cops who are charged with OWI off because other cops seldom administer on-the-spot field tests to fellow officers, or they don't follow normal procedures which forces the courts to dismiss any subsequent evidence as inadmissible.

As a member of the public, it's quite maddening watching cops use the very tactics they decry when a normal citizen raises and uses them themselves.

#27 | Posted by tonyroma at 2020-09-16 12:07 PM | Reply | Newsworthy 2

I'm sorry but in my life experience, I have seldom met a "good cop," and other than one bad day 23 years where I didn't snitch out someone who ended up being a POS, I've never been in trouble with the law.

I've been a victim a few times and the cops were horrible each and every time. I have zero faith in law enforcement. They are bodyguards for the rich and defenders of White Supremecy/>

I'll wait to be proven wrong.

#28 | Posted by bocaink at 2020-09-16 12:56 PM | Reply | Newsworthy 1

#28 is basically my experience too.

Would a defender of the cops like to justify why I was sent to secondary by Border Patrol simply for having a non-citizen passenger in the car?

What legitimate law enforcement purpose was served as we waited those 20 minutes of our lives?

#29 | Posted by snoofy at 2020-09-16 01:24 PM | Reply

They are members of a union. I've always heard from union members that while they value their union, the worst part of it is that they struggle with getting rid of the bottom feeders. The union feels compelled to defend and support them.
#23 | POSTED BY EBERLY

Teachers are in a union too.

Teachers get fired for things that don't get cops fired, or even reprimanded.

The problem is the union is run by thugs, as are the police departments. Just listen to the guy running the NYPD union. He's indistinguishable from the most rabid Trumpers here.

And former Boston police union president was busted for sex with children.

Dirty cops at the top is why there's dirty cops at the bottom.

That's how leadership works. Leaders set the tone and define the culture.

#30 | Posted by snoofy at 2020-09-16 01:30 PM | Reply | Newsworthy 2

"But, good for her family. I guess a payoff is similar to justice."

If nothing else, it's punitive. $12M because the city elected to send improperly training police officer to conduct an operation they were unprepared to effectively execute. You would think that killing an innocent woman would be enough to drive change. Maybe killing an innocent woman AND having to pay $12M will be enough. Although I have a sneaking suspicion that it will be paid out by some sort of insurance policy.

#31 | Posted by madbomber at 2020-09-16 02:51 PM | Reply

#21 BS

If Erin Andrews can get 55 mill because someone took pictures of her "hoo-haw",

I would say this settlement is insufficient.

#32 | Posted by fresno500 at 2020-09-16 08:56 PM | Reply

"$12M because the city elected to send improperly training police officer to conduct an operation they were unprepared to effectively execute."

^
Check it out folks, because this is an important lesson in how playing The Blame Game works for right-wingers:

Implicit in MadBomber comment above is the precept that "just following orders" exonerates the police of responsibility for their actions.

I hope everybody can pick up on that.

Did you lie when you swore the Oath of Office, MadBomber?

#33 | Posted by snoofy at 2020-09-17 12:48 AM | Reply | Newsworthy 1

"Implicit in MadBomber comment above is the precept that "just following orders" exonerates the police of responsibility for their actions."

I can't exonerate them. That would be a matter for the courts. But as far as I can tell, they didn't exceed the authority they had been given, nor did they explicitly commit any criminal act.

I don't think that any of them went into the situation with the intent to kill someone...do you?

#34 | Posted by madbomber at 2020-09-17 08:37 AM | Reply

I don't think that any of them went into the situation with the intent to kill someone...do you?

#34 | Posted by madbomber at 2020-09-

Just like you never meant to run over that kid on the way to work.

#35 | Posted by Zed at 2020-09-17 08:57 AM | Reply

Of course Snoofy thinks they were planning to kill someone. Snoofy thinks that the bad apple cops drive around shooting from their patrol cars at random baby strollers, and the 90% of good cops have secret meetings of ways to shoot more black people for fun.

#36 | Posted by kwrx25 at 2020-09-17 10:59 AM | Reply

"I can't exonerate them. That would be a matter for the courts. But as far as I can tell, they didn't exceed the authority they had been given, nor did they explicitly commit any criminal act."

Really?????

"Ms. Taylor and her boyfriend, Kenneth Walker, had been in bed, but got up when they heard a loud banging at the door. Mr. Walker said he and Ms. Taylor both called out, asking who was at the door. Mr. Walker later told the police he feared it was Ms. Taylor's ex-boyfriend trying to break in.

After the police broke the door off its hinges, Mr. Walker fired his gun once, striking Sgt. Jonathan Mattingly in a thigh. The police responded by firing several shots, striking Ms. Taylor five times. One of the three officers on the scene, Detective Brett Hankison, who has since been fired, shot 10 rounds blindly into the apartment."

www.nytimes.com

So, they fired 10 rounds into the apartment and you don't see anything wrong with that? They didn't respond when called out by the two people in the apartment who honestly had no way to know it was the police. In your opinion, what would the police have had to do to do something out of line?

#37 | Posted by danni at 2020-09-17 11:18 AM | Reply

"So, they fired 10 rounds into the apartment and you don't see anything wrong with that?"

I see a lot wrong with that. But it starts with city and police leadership. Mostly with the judge who authorized the no-knock warrant, allowing inadequately trained officers to conduct an operation they weren't capable of doing.

Like I said in a previous thread, and this is just my opinion, but beat cops don't do this sort of stuff. This is special unit type stuff. Recon the target, rehearse, hit from multiple entry points using less than lethal explosive devices, and the operation is over in seconds. Then the only thing the judge has to explain is why he authorized the police to bust up a medic out of the concern that she might have some pot.

#38 | Posted by madbomber at 2020-09-17 01:21 PM | Reply

"In your opinion, what would the police have had to do to do something out of line?"

So...I think that at least one was out of line. One of the officers was outside the house shooting in. This meant that the officer almost certainly didn't have a sight picture, and was just shooting blindly. This pretty much takes the lack of gun discipline to a new level. This is something you might expect from a teenage ---------er. Not a trained officer.

#39 | Posted by madbomber at 2020-09-17 01:23 PM | Reply

And I think you can go after the police officers involved, but that's not going to change in systemic issues in how that city operates.

It's not exactly the same, but once upon a time I found myself approving targets overseas. Those targets would then be handed over to aircrews who would go prosecute them. The pilots are basically monkeys. They get their jet into the right position in the right area and pickle off a bomb that was targeted via a complex process that the pilot is oblivious to. If something went wrong with the target, it wasn't the pilots who were going to get in trouble. It was me and everyone above me. Because it was our responsibility to make sure that anything we were putting weapons on was a valid military target being prosecuted in accordance with the law of armed conflict.

I see the judge who authorized this no-knock warrant as being in a similar position. It was his job to apply the intellectual rigor prior to signing off. I don't think he did that.

#40 | Posted by madbomber at 2020-09-17 01:29 PM | Reply

I don't think that any of them went into the situation with the intent to kill someone...do you?
#34 | POSTED BY MADBOMBER

Well then what were the guns for?

I think they went into the situation fully aware and accepting of the circumstance that they might have to intentionally kill someone.

Do you?

#41 | Posted by snoofy at 2020-09-17 07:18 PM | Reply

"Snoofy thinks that the bad apple cops drive around shooting from their patrol cars at random baby strollers"

Not really, because that would make the news.

I think Breonna Taylor was killed intentionally.

It seems like its lost on you guys that it's probably worse if she was killed unintentionally.

That would mean the officer who intentionally fired blindly into her home couldn't have imagined, or wasn't trained to know, that such an action could result in her death.

#42 | Posted by snoofy at 2020-09-17 07:22 PM | Reply

This is something you might expect from a teenage ---------er. Not a trained officer.
#39 | POSTED BYMADBOMBER

So then quit saying it wasn't an intentional killing, okay?

#43 | Posted by snoofy at 2020-09-17 07:27 PM | Reply

The following HTML tags are allowed in comments: a href, b, i, p, br, ul, ol, li and blockquote. Others will be stripped out. Participants in this discussion must follow the site's moderation policy. Profanity will be filtered. Abusive conduct is not allowed.

Anyone can join this site and make comments. To post this comment, you must sign it with your Drudge Retort username. If you can't remember your username or password, use the lost password form to request it.
Username:
Password:

Home | Breaking News | Comments | User Blogs | Stats | Back Page | RSS Feed | RSS Spec | DMCA Compliance | Privacy | Copyright 2020 World Readable

Drudge Retort