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HCM
06-11-2018, 09:32 PM
Because no good deed goes unpunished .....

https://www.themaven.net/bluelivesmatter/news/lawsuit-filed-against-31-officers-who-responded-to-pulse-terror-attack-wEcJIEQA8E-qmUVPCv-JQw/

Lawsuit Filed Against 31 Officers Who Responded To Pulse Terror Attack


Survivors and family members of some of those killed at Pulse filed a lawsuit against the responding officers.

Orlando, FL – A lawsuit filed on Thursday against the city of Orlando and the Orlando police officers who responded to the Pulse nightclub terrorist attack has alleged that responding officers failed in their duties and violated the civil rights of surviving victims.

“What if the Orlando Police officers who responded to the shooting were aggressive with a plan to rescue victims and hostages and kill the shooter?” Luis Ocasio-Capo, whose brother was one of the victims, asked the Orlando Sentinel. “Would my brother still be alive?”

he only officer specifically named in the suit was Orlando Police Officer Adam Gruler, who was working an off-duty security detail at the club on June 12, 2016 when a gunman opened fire inside it, murdering 49 people and wounding 50 more.

Officer Gruler engaged in a gun battle with the shooter but retreated and called for assistance because he was outgunned by the killer’s SIG Sauer MCX rifle, CNN reported.

Two more officers arrived and they re-engaged the terrorist in a gunfight. During the gunfight, the terrorist retreated into the club and barricaded himself with hostages.

Orlando PD has estimated that the gunman fired more than 200 rounds in five minutes, the Orlando Sentinel reported.

The city and its police department issued a joint statement that said they have not seen the lawsuit.



On the night of the mass-shooting, some officers ran into the club and pulled survivors out, then later, about 20 officers engaged in a gun battle with the shooter, CNN reported.

But officers’ efforts did not satisfy the plaintiffs’ attorneys.

"While people, unarmed, innocent were inside a club getting absolutely massacred by a crazed gunman there were a bunch of people ... with guns, with the training and capability to take that shooter out,” Solomon Radner, attorney for the plaintiffs in the case, told ABC News.

“Instead of doing their job, they worried about themselves, they stayed outside, they worried only about their own safety, knowing that people were literally getting mowed down by the dozens just a few feet away,” he said.

The lawsuit appears to be trying to draw from the failed response of Broward County Sheriff's Office to the Parkland school shooting, when deputies did not confront the active shooter.

However, the Pulse terror attack was different in that it transitioned from being an active shooting to a barricaded gunman with hostages.

After the initial gunfight, the gunman took hostages and stopped shooting. Chief John Mina said that the officers were fully prepared to re-engage if the terrorist had started shooting again.

Hostage negotiations lasted for hours with no shots fired until SWAT breached the wall with a BearCat and took the terrorist out.

HCM
06-11-2018, 09:37 PM
Who is Solomon Radner ?

Peally
06-11-2018, 09:41 PM
"What if they had been magicians with magical wands to pick up the magical slack and take care of the issue magically in an instant with magical planning and training and fairy beam farts".

Clueless family members out for a paycheck off the back of the dead. Classy.

blues
06-11-2018, 09:47 PM
I'm sure few here are surprised to hear and read this, but it is beyond sad that there is apparently no limit to how low the bar is set.

It seems no one wants the police to interfere in their activities and how they live their lives...but they're all entitled to personal protection 24/7 and compensation from those who endeavor to come to their aid when unforeseen circumstances lead to injury and death.

It just gets better and better.

txdpd
06-11-2018, 09:53 PM
Who is Solomon Radner ?

Someone who good at feeding off of people's grief and bilking them for legal fees on a case that's going no where?

blues
06-11-2018, 09:57 PM
Who is Solomon Radner ?

Here ya go... (https://www.1800lawfirm.com/attorneys/solomon-radner/)


Solomon M. Radner is a skilled trial attorney who has been successfully litigating high profile cases in the Detroit-Metro area since receiving his J.D. from Wayne State University Law School in 2009. Solomon has received several prestigious honors including being listed as a Super Lawyer since 2014, being recognized as a “Top 40 Under 40” trial attorney in Michigan by the National Trial Lawyers Association, and receiving the Lawyer for Warriors Award from Wayne State University in 2016 for his pro bono work on behalf of military veterans. Mr. Radner proudly fights zealously and effectively on behalf of all his clients to achieve justice.

HCM
06-11-2018, 09:59 PM
Do Florida or Michigan have Barratry and solicitation statues ? I’m guessing no.

JohnO
06-11-2018, 10:02 PM
Perhaps the cops should sue the patrons for failure to protect themselves by exercising their 2nd Amendment rights. This failure on the part of the patrons put police officers in jeopardy and later caused PTSD. :cool:

Peally
06-11-2018, 10:26 PM
Here ya go... (https://www.1800lawfirm.com/attorneys/solomon-radner/)

People like him give actual lawyers doing actual good the reputation lawyers have.

Totem Polar
06-12-2018, 02:02 AM
Wow. What a hell of a thing. The disconnect boggles.

fixer
06-12-2018, 05:37 AM
So much wrong with this in the sense that "get sued for doing your job, get sued because someone thinks you didn't do your job."

Aside from that, super lawyer here, needs to review the case of Joseph Lozito and how courts rule on applying legal warranties of protection to the public.

olstyn
06-12-2018, 06:07 AM
Yup, one more news story that makes me super glad I'm not a cop. To those who are, my sincere thanks for doing the job you do and putting up with the resultant insane bullshit. :(

HCountyGuy
06-12-2018, 10:21 AM
Fuckin’ A this is getting out of hand.

The same people giving the Orlando LEOs grief for not charging in are the same who are defending the Coward of Broward for not charging in. Dubya Tee Eff folks, make up your minds.

I’m waiting for the day a department in a sizeable city stands up and says “You know what? SCREW IT, police your own crap and let us know how it goes.”

OnionsAndDragons
06-12-2018, 12:31 PM
More failure to realize society just can't have some things BOTH ways.

You either get cops there to hunt predators or not. Full stop.


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Hambo
06-12-2018, 01:00 PM
More failure to realize society just can't have some things BOTH ways.

You either get cops there to hunt predators or not. Full stop.

And whichever way it works out, the cops were wrong.

Lon
06-12-2018, 01:00 PM
From the debrief I heard, they should be suing the fire department and not the cops. Not that I agree with the lawsuit, but if you’re going to pick someone to vilify let’s pick the right target.

scw2
06-12-2018, 01:09 PM
Why would the fire department be responsible? My uninformed impression from articles (admittedly a poor source) was that the decision to pull back and delay entry by PD was a major contributing factor to how it turned out.

Dog Guy
06-12-2018, 10:50 PM
No time to search it out now but wasn't there some pretty good intel in the original incident thread from a PF member who is a fire fighter in Orlando regarding FD's role in the event?
As to the lawsuit: the message to anybody in emergency service is that you will be judged solely on the outcome of the event. What was reasonable, appropriate, or even possible is being shoved aside in the interest of satisfying the emotionally driven desire to have a unicorns and butterflies outcome.

willie
06-13-2018, 11:39 AM
From what I read on this forum, I get the idea that city planners are encouraging law enforcement trainers to deemphasize assertive actions like chasing criminals on foot or in cars. The reason is to avoid confrontations. One nationally famous magazine credits Dallas' former Chief Davis for turning Dallas PD into a model of excellence in this regard. So, if you train cops not to take assertive action and risks, then they will then stand and watch if such is policy. That's where we're headed.

scw2
06-13-2018, 12:09 PM
No time to search it out now but wasn't there some pretty good intel in the original incident thread from a PF member who is a fire fighter in Orlando regarding FD's role in the event?

Thanks, I had forgotten about that. I went through that thread and copied the comments from that relevant PF member below in case anyone else is interested.

It was a chaotic 3 hour scene. Multiple reports of additional shooters, devices being placed at hospitals, shots fired at the closest level 1 trauma center, two hospitals placed on black ( not taking anymore victims). OPD was on point and our MCI systems worked. I was proud to work for the city of Orlando last night, I will elaborate more when I can.
Thanks for the positive vibes from everyone. We deployed two MCI trailers one from OFD for 150 victims and one from OCFD for 250 victims. Florida South hospital is an additional three miles away and is capable of performing as a a level one trauma center. Transport distance from treatment sector too ORMC was less than a half mile, the scene was practically on top of the hospital. We staged 15 rescues on a constant basis. I'm sure everyone's watched the video of the initial response and shots fired, if you look in the background you can see the bay door for Engine 5, the nightclub was the next block over from Station 5. OPD delivered multiple patients too us from the hot zone via F150... Straight up load and go for OPD, dropped at triage, then treatment , then transport, then rescues were put back in the line up.

A couple points


1) that CNN timeline is missing about 10 incidents that caused multiple relocations, multiple reported attackers, multiple "devices" at nearby trauma centers, reported active shooter at ORMC during incident.

2) FD was on scene with in a minute of first shots fired, Engine 5 is located about 50 yards from the nightclub. The rest of the units staged away from scene.

3) 43 Trauma alert Red where transported initially, the majority of victims where brought to triage location by OPD in pick up trucks.

4) there was absolutely no delay in initial transport of victims.

5) ORMC is located about 1/2 mile from incident. It's a world class level 1 Trauma center, it's also a Trauma Suregeon training school, the residents (5 of them) usually graduate in June meaning there were an extra 5 additional surgeons available. ORMC received and handled 43 Teauma patients within the first part of the incident ( I am being vague about times due to legal ramifications).

6) the EOD response is an FD response. We have sworn PD/FD/Arson /EOD guys on duty. The response due to reported "multiple devices" was swift.

7) I will reiterate that OPD was on point last night, they performed at a high level all around. OPD SWAT response was very fast, OCSO was also on scene quickly and so was there SWAT team.

8) the victim numbers being reported do not take into account the number of walking wounded that ran/walked to ORMC.

9) the club is very small building, multiple tiny rooms/bars with tight door ways, very few exits, lots of dead end and closed rooms with no exterior doors/Windows. It's a maze inside, very dark.

I will reiterate that there were a lot , I mean an epic shit ton of OPD o scene within minutes, but the report of multiple "devices" in, on, around the area changes things.

Please if you have the time learn to use/apply pressure dressing/tourniquet. I have been lax in carrying my hemostatic gauze and SAWT T, shame on me. Also a good reminder to carry a bailout bag of EMS supplies in your car. There were 40-60 walking wounded strewn across Orange Ave trying to get to ORMC. We had no time to assist them, be prepared to be on your own and take care of yours.

Also our response was 15 staged Rescue Co and 40 people in triage / treatment sector

OPD Chief just revealed a couple points in time line that I was alluding too. 2 initial gun battles, one at entrance with off duty officer, next one was at the entrance inside club with multiple officers who pressed the attack repeatedly. The Terrorist asshole retreated too bathroom with hostages, OPD was able to evacuate and rescue Vic's from inside club, that's the large influx of Vic's we received. Shooter claimed bomb vest and multiple devices with Vic's in bathroom. Explosive breach into bathroom;failed, bearcat mechanical breach through bathroom wall. OPD rescued Vic's through bathroom wall, shooter came out through wall , gun battle, shooter dead. We received a couple of the Vic's that where rescued through the wall via OPD pick up truck. Vic's from inside stated that the shooter had " bomb vest on" . Some Vic's escaped later into incident on there own, we had to send crews away from triage treatment with OPD escorts to locate Vic's on back alleys.

No more loss of life during negotiations, no shooting during negotiations.

Building was built prior to that code. Also the reinforced section are only poured adjacent to Windows/doors and corners,that's also based on the assumption that the builder did everything to code. You can see courses of the block that are hollow in the picture.

jnc36rcpd
06-13-2018, 04:14 PM
Undoubtedly, there were some coulda-woulda-shoulda actions that might have been taken by OPD, OFD, OCSO, or other responding agencies, but I have yet to hear any serious criticism from a reliable source. I think the issue is that people want to get paid and there are attorneys willing to help them as well as fill their own pockets. I suspect the attorneys and likely most of the plaintiffs are hoping for nice settlements from various government agencies.

I hope that the City of Orlando and other defendants vigorously oppose this suit. We already devote considerable law enforcement efforts to suit-proofing our actions. If every active shooter incident is seen as a pay day, we'll become even further crippled.

LockedBreech
06-13-2018, 04:25 PM
I'm an attorney, and I'd surrender my bar license before I'd be a part of something so low. Personal morals still count.

TheNewbie
06-13-2018, 09:47 PM
I'm an attorney, and I'd surrender my bar license before I'd be a part of something so low. Personal morals still count.

I worked for an attorney who would have never taken part in a suit like this. He might have wanted to for the $$$, but he would have done the right thing. It's part of the reason I was willing to work for him.

Sherman A. House DDS
06-14-2018, 07:22 AM
ANYONE can file a lawsuit these days...with very few caveats (excepting medical malpractice suits, those require pre-certification [here in TN]).

Many of these frivolous lawsuits, only get traction with the news outlets. Especially when there is a good amount of case law existing relative to LE’s role in protecting society as a whole, and not the individual. And the narrative that the community has ahold of, is rarely what actually happened.

Not much you can do when you’re served up a shit sandwich, other than roll up your sleeves and dig in.


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txdpd
06-14-2018, 10:09 AM
I'll give the victims/families the benefit of the doubt and assume that they aren't looking for money. They probably want answers that no one can provide. Grief and anger makes people very susceptible to predators. It doesn't take much to get that anger directed at the police, and if they can just scrape together a couple hundred thousand dollars, boy wonder lawyer will get those answers. He already his concession speech planned out when this thing gets tossed out of court, and he'll disappear into the night with pockets full of cash.

Sherman A. House DDS
06-14-2018, 11:03 AM
I'll give the victims/families the benefit of the doubt and assume that they aren't looking for money. They probably want answers that no one can provide. Grief and anger makes people very susceptible to predators. It doesn't take much to get that anger directed at the police, and if they can just scrape together a couple hundred thousand dollars, boy wonder lawyer will get those answers. He already his concession speech planned out when this thing gets tossed out of court, and he'll disappear into the night with pockets full of cash.

He probably took it on contingency. I’m not a lawyer, but my spouse is!


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Nephrology
06-14-2018, 03:02 PM
Redacted.

Sherman A. House DDS
06-14-2018, 03:27 PM
Redacted.

Probably like most folks, “That’s the one about separation of church and snakes, right?”


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Nephrology
06-14-2018, 05:40 PM
Probably like most folks, “That’s the one about separation of church and snakes, right?”


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"Which one gets me out of jail free?" ;)

UNM1136
06-15-2018, 02:13 PM
Do Florida or Michigan have Barratry and solicitation statues ? I’m guessing no.

Even states with barratry statutes have a lot of trouble with charging/convicting it. Ask me how I know. Locally, a DWI attorney failed to exhonerate her client in criminal trial (she got the DWI to go away, but her client pled to all the lesser included offenses) and then turned around and filed a federal suit for false arrest, excessive force, etc. (the federal judge said "pled to reckless driving...I guess the false arrest claim is going bye-bye" and dismissed it on its face.) The atty was made a judge by one of our worst liberal governors and was the only judge to receive a "do not retain" rating by a govermentally run organization that reviews and rates judges for consumer review during retention elections.

About 15 years ago the trend was for canine officers to have an agency checkbook and to write a check to the dipshit that got bit at the hospital after the arrest and for the agency to consider that a settlement after the bite. There was no evidence that this was occuring locally, but local attys were scanning the local radio freqs and arriving at the hospital to "advise the accused (read caught and/or bit felony arrestees)' of their rights, and excercising their rights to discuss anything they want with people in the hospital.

In this state, barratry is a misdemeanor, punishable by a jail sentence of up to 364 days in jail and/or $999 in fines. Even if arrested or charged, and atty/client privelege is waived, it can verh reasknably seen as the "cost of doing business".

pat

HCM
06-15-2018, 04:01 PM
Even states with barratry statutes have a lot of trouble with charging/convicting it. Ask me how I know. Locally, a DWI attorney failed to exhonerate her client in criminal trial (she got the DWI to go away, but her client pled to all the lesser included offenses) and then turned around and filed a federal suit for false arrest, excessive force, etc. (the federal judge said "pled to reckless driving...I guess the false arrest claim is going bye-bye" and dismissed it on its face.) The atty was made a judge by one of our worst liberal governors and was the only judge to receive a "do not retain" rating by a govermentally run organization that reviews and rates judges for consumer review during retention elections.

About 15 years ago the trend was for canine officers to have an agency checkbook and to write a check to the dipshit that got bit at the hospital after the arrest and for the agency to consider that a settlement after the bite. There was no evidence that this was occuring locally, but local attys were scanning the local radio freqs and arriving at the hospital to "advise the accused (read caught and/or bit felony arrestees)' of their rights, and excercising their rights to discuss anything they want with people in the hospital.

In this state, barratry is a misdemeanor, punishable by a jail sentence of up to 364 days in jail and/or $999 in fines. Even if arrested or charged, and atty/client privelege is waived, it can verh reasknably seen as the "cost of doing business".

pat

Dogs can bite attorneys .... just saying.....

It's a felony here in TX.

https://www.google.com/amp/s/amp.ksat.com/news/sa-attorney-charged-with-felony-after-trying-to-solicit-client-while-intoxicated-sapd-says

Inkwell 41
06-16-2018, 03:13 PM
From a history book, circa 2205...."In the early 21st century, it was discovered, somewhat unsurprisingly, that the dominant species on earth was, in fact, the weasel. They had worked their way into nearly every level of culture, especially the levels where profitable situations were prevelant. Many adapted to criminal, senior governmental, entertainment or press outlets with great ease."

blues
06-16-2018, 03:42 PM
From a history book, circa 2205...."In the early 21st century, it was discovered, somewhat unsurprisingly, that the dominant species on earth was, in fact, the weasel. They had worked their way into nearly every level of culture, especially the levels where profitable situations were prevelant. Many adapted to criminal, senior governmental, entertainment or press outlets with great ease."

Until, upon "draining the swamp", a new species of predator was discovered...

https://orig00.deviantart.net/4a29/f/2013/352/8/9/weasel_snake_shark_clip_by_polpotsphnompenh-d6yhh69.jpg


...the dreaded weasel-shark-snake. Then all bets were off.

Make America Food Again.