“Top shot” officer sues LAPD over social media demand

[HCM]

https://www.police1.com/social-media-for-cops/articles/top-shot-lapd-officer-sues-chief-department-over-social-media-demand-xzxppiVW4pAvSTLu/


Top shot' LAPD officer sues chief, department over social media demand

Officer Toni McBride, who's seeking more than $5 million in damages, alleges Chief Michel Moore blocked promotions because she refused to remove videos of her at shooting competitions and firing ranges



LOS ANGELES — A LAPD officer, whose sharp-shooter social media posts drew widespread attention after she was involved in a fatal shooting, filed a discrimination and retaliation lawsuit Tuesday against Police Chief Michel Moore and the department.

LAPD Officer Toni McBride alleges that Moore blocked her promotions because she refused to remove from her social media feeds videos of her at shooting competitions or training at firing ranges. In the lawsuit filed in federal court, McBride claims that Moore told her that she had to delete her social media accounts or "he would destroy her career."

McBride, who is seeking more than $5 million in damages, has been on medical leave since November due to "severe physical symptoms caused by and exacerbated by the stress," according to the lawsuit.

A LAPD spokesperson declined to comment, citing pending litigation.

McBride's social media posts garnered attention in 2020 after she shot a 38-year-old man holding a box cutter six times, killing him. McBride and her partner had been responding to a collision on San Pedro Street near East 32nd Street involving several badly injured motorists whose vehicles had been struck by a truck driven by Daniel Hernandez. A toxicology report found Hernandez had methamphetamine in his system at the time.

McBride repeatedly commanded Hernandez to drop the weapon, according to videos captured by McBride's body-camera and by witnesses with smartphones. When Hernandez advanced toward her, she shot him twice, and then fired another two shots when he attempted to get up. Her final two shots came as he was rolling on the ground.

After the shooting, McBride told investigators she felt Hernandez posed a risk to bystanders in the area.

The Los Angeles Police Commission found McBride broke department policy by continuing to shoot Hernandez during the fatal encounter. The commission found McBride's first four shots were justified, but her fifth and sixth shots were not.

California Atty. Gen. Rob Bonta's office cleared McBride of wrongdoing based in part on the "expert opinion" of a controversial police use-of-force consultant. Bonta's office took over the review of the shooting after former Los Angeles County Dist. Atty. Jackie Lacey recused herself.

McBride's father, Jamie McBride, is one of nine directors of the powerful Los Angeles Police Protective League, the union that represents rank-and-file officers in labor and discipline issues. The L.A. police union has raised money for Lacey's campaigns.

The younger McBride earned "Top Shot" in the LAPD police academy and was the youngest in her class when she graduated at 20 years old, according to her lawsuit. She said in the lawsuit that she has competed — and won — target shooting competitions all over the country, which she regularly chronicled on her social media accounts.

In the lawsuit, McBride's attorney said it was not the Hernandez shooting that caused the police chief to block McBride's career advancement opportunities last year.

"Chief Moore told Officer McBride that he wanted her to cease posting videos on social media," according to the lawsuit. "He said that Officer McBride needed to 'choose between being an LAPD officer' or posting social media videos."

McBride contends her posts are "virtually identical to dozens of videos regularly posted by male officers. But when it comes to Officer McBride, Chief Moore told her he didn't like the 'image they present,'" according to the lawsuit.

[BK14]

Double edged sword for sure. From what I’ve seen, large social media presence while you’re in the midst of your career is typically going to be a major compromise. Either put your eggs in the influencer/trainer/sponsored whatever basket at the detriment of your career, or keep yourself off the internet. We’ve had multiple social media accounts used against officers locally after critical incidents. Just doesn’t seem smart if you’re still legitimately doing the job.

That said, not sure how an agency can restrict what you post, or hinder your career IF what you’re doing is in policy.

[HCM]

Double edged sword for sure. From what I’ve seen, large social media presence while you’re in the midst of your career is typically going to be a major compromise. Either put your eggs in the influencer/trainer/sponsored whatever basket at the detriment of your career, or keep yourself off the internet. We’ve had multiple social media accounts used against officers locally after critical incidents. Just doesn’t seem smart if you’re still legitimately doing the job.

That said, not sure how an agency can restrict what you post, or hinder your career IF what you’re doing is in policy.

Most of those issues are “personal” social media pages.

“Influencer” pages have to self moderate to attract and maintain sponsors.

On the surface the issues appear to be anti 2A bias and disparate treatment vs similarly situated officers. However, I suspect it has as much or more to do with settling scores with her father based on his involvement in the LAPD union.

[BWT]

I hope it costs the chief their job.

I also am disappointed it’ll cost the tax payer $5 Million dollars.

Geez.

[Exiledviking]

That chief is also in hot water for inadvertently exposing information regarding LAPD officers including officers working undercover.
"Moore admits the department failed the rank when the department released private information as part of a California public records request. The order was for the LAPD to release the names, badge numbers, and photos of more than 9,000 officers, except for those assigned to specialized units. But when the department gave the list to the person who requested the names, a citizen journalist, it also included the information of undercover officers."

"Threats pouring in after LAPD undercover officers' info released; Chief Moore admits mistake." https://www.google.com/amp/s/www.foxla.com/news/lapd-undercover-officers-info-leaked-chief-moore-admits-department-mistake.amp

[Hambo]

So it's a "mistake" to give up info on undercover officers, but personal social media really bad for the department. Thanks, chief, you fucking douchebag.

[Warped Mindless]

Few thoughts:

That shooting was 100% justified. All shots included.

The chief is an asshat and I hope he loses his job.

Cops should be encouraged to compete as it would encourage some of them to become more proficient with their tools.

[Kyle Reese]

So it's a "mistake" to give up info on undercover officers, but personal social media really bad for the department. Thanks, chief, you fucking douchebag.

I hope she’s awarded the entire 5 mil.


Sent from my iPhone using Tapatalk

[Guerrero]

If people have never seen the badge-came footage of the shooting in question, it is some textbook marksmanship.


https://www.youtube.com/watch?v=IBxOeeS5BCc

[jlw]

To clarify, it was the Police Commission (https://www.lapdonline.org/police-commission/) that rendered the split decision on her shooting, not the chief. Chief Moore actually broke with the inspector general's office (https://www.latimes.com/california/story/2020-12-15/commission-votes-on-mcbride-shooting) on the issue.

[jetfire]

I like Toni, but I'm somewhat unsympathetic in this instance. I feel like if you're going to be a cop you need to be a cop and not an influencer. This is an opinion I hold about people regardless of gender. Just on the .mil side we've had guys careers get hemmed up because of some dumb shit they post on their social media for clout. There's a point where you kind of have to pick between one or the other.

[LittleLebowski]

This is awful.

[Suvorov]

And they wonder why it’s getting hard to recruit and retain good people?

[Trooper224]

I like Toni, but I'm somewhat unsympathetic in this instance. I feel like if you're going to be a cop you need to be a cop and not an influencer. This is an opinion I hold about people regardless of gender. Just on the .mil side we've had guys careers get hemmed up because of some dumb shit they post on their social media for clout. There's a point where you kind of have to pick between one or the other.


Agreed

Before the age of social media cancer, we knew there were behaviors you simply didn't engage in, or gave up if you wanted to be a cop.

I don't know Toni, but I see a lot of the typical, "it's all about me" behavior with her situation, which is so indicative of our current culture. Is she a good cop? I don't know, but I do see a lot of less than stellar decisions.

[Suvorov]

I like Toni, but I'm somewhat unsympathetic in this instance. I feel like if you're going to be a cop you need to be a cop and not an influencer. This is an opinion I hold about people regardless of gender. Just on the .mil side we've had guys careers get hemmed up because of some dumb shit they post on their social media for clout. There's a point where you kind of have to pick between one or the other.

True, and this is the main reason I have removed myself from social media (P-F is the closest I get). That said, it has been my observation that the “rules” are seldom applied equally.

[Beast17]

My old agency didn't ban social media posting, but it limited speaking publicly about the agency. I never posted anything of any kind, social media or otherwise, on the internet until after I was retired. Aside from any issue with my agency, I thought it potentially provided too much fodder for cross-examination.

[jetfire]

True, and this is the main reason I have removed myself from social media (P-F is the closest I get). That said, it has been my observation that the “rules” are seldom applied equally.

Oh absolutely. I have no doubt that Chief is a cockbag, since most major metro PD chiefs are cockbags.

[RevolverRob]

If you represent yourself on Social Media as being employed by: XYZ

Then XYZ has the absolute ability to say, "Stop doing shit on social media or consequences."

Now, I suspect there is some dickbaggery going on overall, but the fact of the matter is the above...

Since she has a picture of herself wearing her uniform on her IG page, it's going to be difficult to make the case that being an LAPD Officer wasn't part of the whole social media persona she was curating. In which case, Admin has a right to tell her to knock it the fuck off or get fired.

And maybe the reason they told her to knock it the fuck off is because if you're involved in something like...I dunno a OIS...Your social media presence might have a disproportionate effect on the whole situation making objectivity and PR a nightmare?

I dunno, seems like just a thought.

In my, unprofessional, unpaid, opinion both Officer McBride and Chief Moore lack discretion and have exercised poor judgement. Unfortunately, in doing so they bring further scrutiny to a profession which is under harsh and constant interrogation every day.

[Utm]

I like Toni, but I'm somewhat unsympathetic in this instance. I feel like if you're going to be a cop you need to be a cop and not an influencer. This is an opinion I hold about people regardless of gender. Just on the .mil side we've had guys careers get hemmed up because of some dumb shit they post on their social media for clout. There's a point where you kind of have to pick between one or the other.
I'm going to disagree a bit. I think as long as you don't have any post in reference to your department and don't post things that are stupid, it should be fine. It's a way to generate income for some folks. If I were a personal trainer and a cop I should be allowed to market my training business through social media.

[RoyGBiv]

Since she has a picture of herself wearing her uniform on her IG page, it's going to be difficult to make the case that being an LAPD Officer wasn't part of the whole social media persona she was curating. In which case, Admin has a right to tell her to knock it the fuck off or get fired.

What if other officers are doing similar and have not suffered similar repercussions or received similar requests?

[vcdgrips]

Lots of things to unwind:

I only know what I have read in the papers and a 120 second scan of her lawsuit:

she alleges that Male and/or Older officers were not kept on restricted duty as long as she was after her shooting because of her online activities and appearance therein (their 6 months v her 12 months despite her otherwise meeting admin criterion to come of that duty in the shorter timeframe)

She alleges that males officers have similar types of online activities and have suffered no job action at al

She alleges that the Chief personally held up her promotion (nest step in the Patrol Officer series) which seems to be simply a function of time on the job because she would not stop her online activities.

She alleges that the Chief personally blocked her out of placement in a particular division and at the training academy because she would not stop her online activities and he did not like what she was wearing in a particular instance ( the alleged example depicted her shooting in competition gear and a shirt/short combo that fits like a UCLA/USC varsity volleyball player (how I would characterize if I was her counsel).

IMHO-

This seems to be a classic case of an overplayed hand by the Chief.

I can imagine that he thought that because he backed her in the shooting re all 6 shots being in policy (as opposed to on the first 4) that she should somehow be obligated to take direction from him without pushback or question.

I strongly suspect that the Chief said the things that she alleged that he said re her career AND she has corroborating witnesses and/or tape. (I.e. You were warned in word and deed and here we are- I told you that you were never coming off the desk until you stop posting stuff.)

I strongly suspect that she had the support of her father and his cadre of Union folks.

While it is entirely possible that command can consequence folks for inappropriately using their affiliation with the dept for commercial gain, where the PD/Chief may have exposure is that she was treated disparately relative to the non consequencing of similarly situated older and/or male officers.

She wants 5 mil as that is the alleged value of a 25 year LAPD Career (salary/benefits/pension/etc.)

Edited to add- I would of course defer to an experienced Labor atty who has litigated in the Central Dist of CA as this case presently pends in federal court.

[paherne]

If you represent yourself on Social Media as being employed by: XYZ

Then XYZ has the absolute ability to say, "Stop doing shit on social media or consequences."

Now, I suspect there is some dickbaggery going on overall, but the fact of the matter is the above...

Since she has a picture of herself wearing her uniform on her IG page, it's going to be difficult to make the case that being an LAPD Officer wasn't part of the whole social media persona she was curating. In which case, Admin has a right to tell her to knock it the fuck off or get fired.

And maybe the reason they told her to knock it the fuck off is because if you're involved in something like...I dunno a OIS...Your social media presence might have a disproportionate effect on the whole situation making objectivity and PR a nightmare?

I dunno, seems like just a thought.

In my, unprofessional, unpaid, opinion both Officer McBride and Chief Moore lack discretion and have exercised poor judgement. Unfortunately, in doing so they bring further scrutiny to a profession which is under harsh and constant interrogation every day.

Your assertion might have merit if not for the fact that every officer involved in an OIS in a CA metro area will have their whole life and online presence posted without context and out of context by anonymous and other scumbags. Shooting competition is a 2nd Amendment protected activity. Posting online is 1st Amendment protected activity and I know that government employees have reduced 1st Amendment protections, but at a certain point if you're going to get the blame, no matter what, you might as well play the game. If members of police agencies can go to Pride Parades and be out and proud, which is a protected activity, why can't she be a competition and shooting personality? The government, in this case, the police agency, doesn't get to pick and choose which rights it likes and which it doesn't. FTR, I have no problem with the pride parade participation, just using it as an example.

[RevolverRob]

Your assertion might have merit if not for the fact that every officer involved in an OIS in a CA metro area will have their whole life and online presence posted without context and out of context by anonymous and other scumbags. Shooting competition is a 2nd Amendment protected activity. Posting online is 1st Amendment protected activity and I know that government employees have reduced 1st Amendment protections, but at a certain point if you're going to get the blame, no matter what, you might as well play the game. If members of police agencies can go to Pride Parades and be out and proud, which is a protected activity, why can't she be a competition and shooting personality? The government, in this case, the police agency, doesn't get to pick and choose which rights it likes and which it doesn't. FTR, I have no problem with the pride parade participation, just using it as an example.

So, we are in agreement, I think the whole thing is BS, that if you're partaking in legal adult activities on your own time it should have no bearing on your professional career. But reality is different than the ideal world.

Now, while shooting activities are protected by 2A and Free Speech is protected by 1A. It's important to note - they didn't tell her to stop participating in shooting activities. They told her to stop posting about it - while being affiliated with LAPD, or possibly while just being under investigation for OIS. That actually isn't clear to me.

FWIW; I have seen the situation with an Out and Proud person - who was causing issues that were getting media coverage. HR and their boss said, "If you do not cease posting on social media about our institution you will be fired." They doubled down and subsequently got fired for it. Not because they were gay and proud, but because they didn't listen to the warning(s).

With that said, I think we have to be careful in assuming that the assertions of either party are factually correct. I'd bet my annual salary that there is more than meets the eye here. And also, I'd bet plenty of money that LAPD settles out of court and Officer McBride is just Toni McBride Gunstagram Influencer within the next 24-months.

[smells like feet]

My gut instinct here is that since we are dealing with a young lady that got hired at 20 years old and has already been involved in a shooting, had her whole life torn apart on the internet, has suffered the moral injury of feeling thrown under the bus by her bosses and is on stress leave from the department...social media is not really the issue here.

[jlw]

More power to her, but there isn't a "male equivalent" to some of the pictures she posts short of dudes posing with guns while wearing nothing but a banana hammock.

[45dotACP]

More power to her, but there isn't a "male equivalent" to some of the pictures she posts short of dudes posing with guns while wearing nothing but a banana hammock.(Sets social media settings to private)

"Yah, that would be crazy."


But all jokes aside, I have seen people fired from my hospital for social media dipshittery. Mostly relating to posting photos or videos that had names of patients or patients in them.

Aside from that, however...my hospital has made it abundantly clear that if you name the hospital or tag them in your posts, then they have every right to decide on the effects that post has on your career.

Basically, it had better be a G rated post, or you are in deep shit.

We have a social media policy...forgot what it was exactly, but that's the gist of what I remember.



Sent from my SM-A326U using Tapatalk

[TGS]

My thoughts mostly fall along the lines of Trooper224.

I was thinking about this from the perspective of working with a hypothetical social media influencer. I personally would not feel comfortable working with an influencer, as their social media status is (to me) an indicator that their motivations and character are not in sync with what I expect for a servant. My take is that influencers use a profession, sport, etc simply as a medium to express their vanity, and that their core interest is their ego and not the job or values it's supposed to be a superficial expression of.

I fully realize that as a "xennial", my thoughts may be outdated and unrealistic, similar to how boomers think everyone younger than them is lazy, and their parents thought rock music was the devil, and their parents thought banning alcohol was a good idea, so on and so on.

But, that's the way it is, and if you are a social media influencer there's no way I'm picking you for my warrant team...and if you're assigned regardless, thanks, you're the person watching the cars. This isn't based on sex, either....if you were Officer Handsome or whatever the fuck the goobers name was that used to work at AMC's department, I'd feel the same way but probably just openly make fun of you for it since I wouldn't have to walk on eggshells because you have a vagina and automatic EEO complaint.

[Trooper224]

My thoughts mostly fall along the lines of Trooper224.

I was thinking about this from the perspective of working with a hypothetical social media influencer. I personally would not feel comfortable working with an influencer, as their social media status is (to me) an indicator that their motivations and character are not in sync with what I expect for a servant. My take is that influencers use a profession, sport, etc simply as a medium to express their vanity, and that their core interest is their ego and not the job or values it's supposed to be a superficial expression of.

I fully realize that as a "xennial", my thoughts may be outdated and unrealistic, similar to how boomers think everyone younger than them is lazy, and their parents thought rock music was the devil, and their parents thought banning alcohol was a good idea, so on and so on.

But, that's the way it is, and if you are a social media influencer there's no way I'm picking you for my warrant team...and if you're assigned regardless, thanks, you're the person watching the cars. This isn't based on sex, either....if you were Officer Handsome or whatever the fuck the goobers name was that used to work at AMC's department, I'd feel the same way but probably just openly make fun of you for it since I wouldn't have to walk on eggshells because you have a vagina and automatic EEO complaint.


We're of the same mind on this. When I examine her social media, I get the impression of someone who takes some things seriously, but one of them isn't being a cop. My perceptions could be totally off base. But, perception is a large part of everything. I have no doubt some of the blowback against her is due to her father's position with the FOP. I also have little doubt she still has a job for the same reason.

[AMC]

TGS....you're referring to "The Hot Cop". Man, have I got some stories to tell about that goofy kid. I was personally convinced he was an actual alien like Star Man, just visiting our world to learn our ways. He was THAT totally unfamiliar with normal, everyday things.

[jetfire]

I'm going to disagree a bit. I think as long as you don't have any post in reference to your department and don't post things that are stupid, it should be fine. It's a way to generate income for some folks. If I were a personal trainer and a cop I should be allowed to market my training business through social media.

I agree with your last statement actually. I think the problem is when you want to become an influencer and also lean into the whole cop thing as part of your marketing efforts for your influencer persona.

[Erick Gelhaus]

Having been sued by the same adam henry who sued her, I've got a wee bit of empathy for her.

I'm glad she did not have to submerge & hide in the aftermath of her event.

[John Hearne]

If anyone cares, speaking about your department on matters of public concern is CLEARLY protected speech:

https://law.justia.com/cases/federal/appellate-courts/ca4/15-2207/15-2207-2016-12-15.html

[LtDave]

I wouldn’t worry about her LE career. There are plenty of agencies in SoCal that have more conservative management than LAPD. All of them are hard up for recruits/laterals. Regardless of the outcome of her lawsuit, she should land on her feet and probably at a much better place to work.

[jlw]

I wouldn’t worry about her LE career. There are plenty of agencies in SoCal that have more conservative management than LAPD. All of them are hard up for recruits/laterals. Regardless of the outcome of her lawsuit, she should land on her feet and probably at a much better place to work.

Perhaps, but her lawsuit may prevent other agencies from hiring her. "She sued them. She'll sue us.".

[HCM]

Perhaps, but her lawsuit may prevent other agencies from hiring her. "She sued them. She'll sue us.".

Maybe, it’s been a while since I worked in California, but policing is regional. An officer suing their own department in CA is not the outlier they might be in other places.

[Stephanie B]

I hope she’s awarded the entire 5 mil.

And punitive damages.

[Chuck Whitlock]

After reading this thread, I did a quick search of her name on Youtube....revealed some association with Taran Tactical. So there's that.

[Utm]

Maybe, it’s been a while since I worked in California, but policing is regional. An officer suing their own department in CA is not the outlier they might be in other places.

It does not happen in my area in TX unless an officer is attempting to be rehired after beings wrongfully terminated but it appears to happen quite a bit at LAPD

[Trooper224]

Perhaps, but her lawsuit may prevent other agencies from hiring her. "She sued them. She'll sue us.".

In my experience, that's rarely the road block you'd think it would be.

[sickeness]

Having met and worked with Toni before, I will say she is a nice down-to-earth girl and not the type of person whom I would think would sue LAPD.
She is very close to her father, who is well respected amongst his peers and long serving cop who is also one of the heads of the LAPD union. He is known as well as a extremely vocal opponent towards the city and it's politicians.

I am almost certain that he is behind this lawsuit as a means to punish and get even with the people who are running the city and the organization into the ground.
I also highly doubt that at the conclusion of the lawsuit if she does in fact win a settlement that she would care to seek out another LE job.

[Hambo]

Having met and worked with Toni before, I will say she is a nice down-to-earth girl and not the type of person whom I would think would sue LAPD.
She is very close to her father, who is well respected amongst his peers and long serving cop who is also one of the heads of the LAPD union. He is known as well as a extremely vocal opponent towards the city and it's politicians.

I am almost certain that he is behind this lawsuit as a means to punish and get even with the people who are running the city and the organization into the ground.
I also highly doubt that at the conclusion of the lawsuit if she does in fact win a settlement that she would care to seek out another LE job.

Based on every douchebag chief and local politician I've ever met, I'd bet admin has had her targeted from day one. There's no better way to fuck someone (her dad) than by fucking their kid (at least that's how douchebags think). If she wants to work in LE, she should go wherever LAPD can't reach.

[jlw]

I also highly doubt that at the conclusion of the lawsuit if she does in fact win a settlement that she would care to seek out another LE job.


If I won a $5 million settlement, I wouldn't be a cop anywhere either.

[mmc45414]

If I won a $5 million settlement, I wouldn't be a cop anywhere either.

Well, she wouldn't net the whole amount, but yeah...

This thread forced me to extend my prior research into her online posting attire (not exactly an arduous task...), and I would think it is pretty reasonable for someone her age that is, dare I say, as hot as she is. And I am sure there are other hot young officers that do stuff like Cross Fit and Tough Mudder that post pictures wearing much less, that were never told "or I will ruin your career". I am sure her dad has been on the shitlist for a long time.

[mmc45414]

And also, I'd bet plenty of money that LAPD settles out of court and Officer McBride is just Toni McBride Gunstagram Influencer within the next 24-months.

I agree, except I would think that since lives in near Hollywood, is pleasant to look at, knows gun handling, and hangs out at the range with people like Michelle Rodríguez and Keanu Reeves she will probably end up with some kinda movie role or advisor opportunities.

[MDFA]

If I won a $5 million settlement, I wouldn't be a cop anywhere either.

THIS^

[DMF13]

She's asking for $5M, but any settlement will be smaller (probably much smaller) than that, unless the city thinks a jury would actually award more than $5M at trial.

Add to that, awards for damages based on lost wages are taxable in CA, and for federal taxes, although damage awards for medical/physical injury are not. So depending on how the claim, and any settlement, or trial award, are structured, she could owe a huge tax bill.

Also, someone who retires in their late 50s or early sixties, who doesn't have a pension, might be able maintain their lifestyle by withdrawing 3-4% from their investments, if they have a low to mid 7 figure sum from which to draw. Someone in their 20s is going to need to withdraw a much smaller percentage to make those investments last for an additional three decades. Things like paying out of pocket for medical expenses, or medical insurance outside an employers group plan, also make it more expensive than being employed, and participating in a group medical plan.

All that to say, while it might be a sizeable financial windfall, she's unlikely to end up with what a friend of mine calls "FTW" money, and will probably have to generate additional income, if she wants to maintain her current lifestyle for the next 50 to 60 years.

[kwb377]

She's asking for $5M, but any settlement will be smaller (probably much smaller) than that, unless the city thinks a jury would actually award more than $5M at trial.

Add to that, awards for damages based on lost wages are taxable in CA, and for federal taxes, although damage awards for medical/physical injury are not. So depending on how the claim, and any settlement, or trial award, are structured, she could owe a huge tax bill.

Also, someone who retires in their late 50s or early sixties, who doesn't have a pension, might be able maintain their lifestyle by withdrawing 3-4% from their investments, if they have a low to mid 7 figure sum from which to draw. Someone in their 20s is going to need to withdraw a much smaller percentage to make those investments last for an additional three decades. Things like paying out of pocket for medical expenses, or medical insurance outside an employers group plan, also make it more expensive than being employed, and participating in a group medical plan.

All that to say, while it might be a sizeable financial windfall, she's unlikely to end up with what a friend of mine calls "FTW" money, and will probably have to generate additional income, if she wants to maintain her current lifestyle for the next 50 to 60 years.

I don't think any of us believe we could live off what we netted from the settlement...we're just saying we wouldn't be humping a gunbelt anymore. ;)

[rob_s]

She's asking for $5M, but any settlement will be smaller (probably much smaller) than that, unless the city thinks a jury would actually award more than $5M at trial.

Add to that, awards for damages based on lost wages are taxable in CA, and for federal taxes, although damage awards for medical/physical injury are not. So depending on how the claim, and any settlement, or trial award, are structured, she could owe a huge tax bill.

Also, someone who retires in their late 50s or early sixties, who doesn't have a pension, might be able maintain their lifestyle by withdrawing 3-4% from their investments, if they have a low to mid 7 figure sum from which to draw. Someone in their 20s is going to need to withdraw a much smaller percentage to make those investments last for an additional three decades. Things like paying out of pocket for medical expenses, or medical insurance outside an employers group plan, also make it more expensive than being employed, and participating in a group medical plan.

All that to say, while it might be a sizeable financial windfall, she's unlikely to end up with what a friend of mine calls "FTW" money, and will probably have to generate additional income, if she wants to maintain her current lifestyle for the next 50 to 60 years.

Totally agree with most of this. Suing someone or some e Tito for $5M rarely means what people think it does.

That said, she’s young, willing to do what it takes to have a social media following, married (I presume), and would be able to move anywhere she wanted to with a much lower cost of living.

We had some friends in Ft. Lauderdale that moved to the ozarks or some shit. Managed to sell their house with enough equity and an esop payout they got when her company sold and they are living (rather well, it appears) solely off his federal disability check. Near as I can tell nobody is working and they bought some giant house for cash.

Granted, a disability check is different than living off whatever remains of a settlement, but the point being that some alternative income streams that don’t dictate where one lives and you can move to a much cheaper area and do just fine if you get enough windfall to simply buy the dwelling outright. Takes a lot of the pressure off (even though most financial advisors will tell you it’s dumb).