Good idea! Cop sue college kid

[retdetsgt]

Eugene cop sues student who resisted arrest

EUGENE, Ore. (AP) — A Eugene police officer has filed suit against a University of Oregon student he arrested two years ago, claiming he sprained his wrist while trying to tackle the student after handcuffing him.

Nathan Pieske is seeking $49,000 for pain and suffering, along with medical expenses and lost wages in Lane County Circuit Court.

According to the lawsuit, Pieske says he suffered the injury when Sean Giblin fled after he was handcuffed on Oct. 9, 2008.

Giblin was convicted of resisting arrest and sentenced to ten days in jail and one year of probation.

Giblin, now 21 and of Lake Oswego, couldn't be reached for comment.

University of Oregon law professor Caroline Forell says it's "rare" for police officers to sue suspects.

Pieske is an 8-year veteran of the Eugene Police Department.

___

Information from: The Register-Guard, News: Home | Breaking Local News, News Updates, Sports, Business & Weather | The Register-Guard | Eugene, Oregon

Copyright 2010 The Associated Press.

Eugene cop sues student who resisted arrest - KOINLocal6.com

[pac201]

Probably on a dare...

[Piggy]

Years ago on a PD in Michigan where I was a reserve, we had an Officer make a DUI arrest in the drive through of McDonalds. The suspect claimed he was beaten and it ended up where an internal took place. Blah, blah, blah, anyway, in the end after the Officer was cleared, he sued the drunk for making the false allegations. He was awarded a pretty good chunk of change, but I doubt he ever saw a dime of it. I personally wish it would happen more often. The courts may not hold suspects responsible for their actions in criminal court, but maybe it's an option to hold them responsible in civil court.

[retdetsgt]

Lake Oswego, where this kid lives is the rich suburb of Portland. I doubt he was the normal dirtbag we deal with, he was rich college kid who thought he could do anything he wanted, I suspect.

You're right in that suing most would be a waste of time.

[Big Sexy]

BIG doesn't remember all the details, but years ago an officer successfully sued an individual who was the cause of the officers extensive injuries. Like BIG said, the details escape him, but the officer fell of of a porch or patio or some structure fighting with the guy and suffered injuries.

He later successfully sued the guy in court for damages.

Actually it isn't a bad way to go. As much as we're always the victims of accusations and lawsuits, if you can successfully sue and feel justified in dong so, an individual for his actions that harmed you, BIG says go for it.

BIG spent a year rehabbing and re-learning how to walk due to some asswipe. If he hadn't drowned after being concussed; not to mention being poor as phuck for he was but a lowly drug mule, prhaps BIG could've gotten some restitution.

[retdetsgt]

I would love to see it start as a trend. People expect cops to take lumps in the job like they expect teachers to voluntarily work extra hours for nothing. Both are supposed to for the "love of the job" that much. Baloney.

[L-1]

But will the officer benefit if he wins?

In my state if the officer wins, subrogation laws require that the following people first be reimbursed from the judgment for any money they already paid out on the officer's behalf because of his injury:

Police department/workers comp carrier/any insurance carriers: for medical bills

Police department/workers comp/state disability/any insurance carriers: for lost wages

And of course, the officer's attorney gets his fees.

What little is left (if anything) then goes to the officer. As a result, almost no cops in California bother to sue any more because there is nothing left for them after subrogation. The only thing that can't be touched by subrogation is Punitive damages, which juries traditionally don't give cops big awards on.

I'm curious as to whether Oregon has similar subrogation laws.

[greg72982]

I would love to see it start as a trend. People expect cops to take lumps in the job like they expect teachers to voluntarily work extra hours for nothing. Both are supposed to for the "love of the job" that much. Baloney.

We are also paid to get shot if you didn't know...

[Trip]

BIG doesn't remember all the details, but years ago an officer successfully sued an individual who was the cause of the officers extensive injuries. Like BIG said, the details escape him, but the officer fell of of a porch or patio or some structure fighting with the guy and suffered injuries.

He later successfully sued the guy in court for damages.

Actually it isn't a bad way to go. As much as we're always the victims of accusations and lawsuits, if you can successfully sue and feel justified in dong so, an individual for his actions that harmed you, BIG says go for it.

BIG spent a year rehabbing and re-learning how to walk due to some asswipe. If he hadn't drowned after being concussed; not to mention being poor as phuck for he was but a lowly drug mule, prhaps BIG could've gotten some restitution.

Man, sorry to hear that BIG. I hate hearing these stories.

[Trip]

I would love to see it start as a trend.

I think the whole general concept should be adopted more in this country.... you do some extreme sport like mountain climbing and get yourself caught in a storm, you get to pay the bill (and I say that as someone who does crazy sports)....you hurt a cop while he's trying to detain you, you pay the bill......you have every health problem known to man from eating so poorly, your bill should be more in line with the costs, not spread among all the rest of us working hard to remain healthy

[retdetsgt]

But will the officer benefit if he wins?

In my state if the officer wins, subrogation laws require that the following people first be reimbursed from the judgment for any money they already paid out on the officer's behalf because of his injury:

Police department/workers comp carrier/any insurance carriers: for medical bills

Police department/workers comp/state disability/any insurance carriers: for lost wages

And of course, the officer's attorney gets his fees.

What little is left (if anything) then goes to the officer. As a result, almost no cops in California bother to sue any more because there is nothing left for them after subrogation. The only thing that can't be touched by subrogation is Punitive damages, which juries traditionally don't give cops big awards on.

I'm curious as to whether Oregon has similar subrogation laws.

The jerkoff has to pay something out of his pocket. Maybe if word gets around that if you attack a cop, you may lose more than some of your time. In this case, if the kid lives in Lake Oswego, he has the money.

Workman's Comp will and should get any wages reimbursed, but again sometimes it's not just for the money.

[Aussie George]

In my first dept, I got in a scuffle one night with a ******* on New Years Eve. I had to hold him with one arm while fending off his mates with OC spray. It was a good night. From hanging on to him for a fair while with one arm, I tore all the muscles in my back and shoulder. I had a few days off at home in bed and was pretty sore for a while.

He got charged with a few offences. When the prosecutors got invovled I sort of lost interest and forgot about it. A few months down the track I get an email from the prosecutors saying they had claimed $200 in damages for me (pain and suffering). I laughed and thought "Yeah right. fat chance."

A few weeks later I got a letter from his lawyer with a cheque for $200 attached. HA! He got a fine from the court and was convicted for disorderly behaviour and resist arrest, but can you imagine how much it hurt writing that cheque?!

A few years later in Canberra I was chasing a bad guy and tripped in the dark in a construction site. Smashed my knee into the ground real hard and was later taken to hospital. Bad guy was caught. I spent a few weeks with my leg up, 6 months on light duties and was off the road for a year. There was an agreement in that state that a local lawyer would represent us for a flat fee (of about $700 which was nothing!!) and they would put in a claim for us.

I got $3500. For a sore knee!!! That was a lawyer I liked. There are not many.

[Trip]

In my first dept, I got in a scuffle one night with a ******* on New Years Eve. I had to hold him with one arm while fending off his mates with OC spray. It was a good night. From hanging on to him for a fair while with one arm, I tore all the muscles in my back and shoulder. I had a few days off at home in bed and was pretty sore for a while.

He got charged with a few offences. When the prosecutors got invovled I sort of lost interest and forgot about it. A few months down the track I get an email from the prosecutors saying they had claimed $200 in damages for me (pain and suffering). I laughed and thought "Yeah right. fat chance."

A few weeks later I got a letter from his lawyer with a cheque for $200 attached. HA! He got a fine from the court and was convicted for disorderly behaviour and resist arrest, but can you imagine how much it hurt writing that cheque?!

A few years later in Canberra I was chasing a bad guy and tripped in the dark in a construction site. Smashed my knee into the ground real hard and was later taken to hospital. Bad guy was caught. I spent a few weeks with my leg up, 6 months on light duties and was off the road for a year. There was an agreement in that state that a local lawyer would represent us for a flat fee (of about $700 which was nothing!!) and they would put in a claim for us.

I got $3500. For a sore knee!!! That was a lawyer I liked. There are not many.

Great story!!

[CTUCop]

In CT, last I knew, you have to reimburse Worker's Comp and such if you get compensation for actual money that is lost and reclaimed monies for med expenses. Pain and suffering awards are yours to keep. Well, yours and your lawyer's.

[retdetsgt]

In CT, last I knew, you have to reimburse Worker's Comp and such if you get compensation for actual money that is lost and reclaimed monies for med expenses. Pain and suffering awards are yours to keep. Well, yours and your lawyer's.

But the coolest thing is, it all comes out of the dumb****'s pocket! That's my favorite thing!