NEVER help the police

[PilotsError 2321]

The last sentence is the best.  Cops are cowards and lazy, never ever forget.

 

No good deed goes unpunished, as a June 4 California appeals court decision proves. The state’s third appellate district court last week

 affirmed a dismissal of a chilling case (pdf).

James and Norma Gund had their throats slashed after unwittingly helping Trinity County law enforcement with a criminal investigation. But their claims of negligence and misrepresentation were thrown out. The courts found that they should have filed for workers’ compensation instead of filing a civil suit because they were “working” for the county, though they had no idea that’s what they agreed to when a deputy sent them into a terrifying crime scene.

Here’s what happened. In 2011, a woman calls 911 in Trinity County and whispers, desperately, “Help me.” She hangs up quickly with no explanation.

The dispatcher calls back, but no one picks up the phone. So, dispatch contacts Corporal Ron Whitman, the deputy on duty. He, too, makes a call. Whitman doesn’t rush over to assist, as the 911 caller lives far away, at the edge of an airstrip. Instead, he enlists her neighbor, Norma Gund, asking her to check in on the woman, who Gund happens to know. Whitman tells Gund “it’s probably no big deal” and that the request for help likely had to do with inclement weather. He makes no mention of the desperate whisper.

But the deputy does warn Gund not to go alone, so she takes her husband, James. On the drive over, the couple wonders what the problem might be. They imagine that their neighbor, a young woman from the city, is stumped by her wood-burning stove or spooked by a fallen tree near her remote home.

Upon arrival, Norma goes in the house while James waits in the truck. Soon, he hears a commotion and decides to check on his wife.

Inside, he finds two dead bodies, heads covered with bags, and his wife with a knife at her throat. As James turns to run, the murderer tackles him and slits his throat as well. This gives Norma time to hightail it out of the house, jump in their truck, and go to the store for help. After the murderer flees, James walks home.

Ultimately, the Gunds both survive the harrowing incident and sue Trinity County and the deputy for damages, claiming negligence and misrepresentation. Though it might seem like an open-and-shut case, and that the Gunds would be paid for their troubles, the county successfully moves to dismiss, arguing that they were on the job as law enforcement officers. The court agrees, noting that tort law isn’t designed to compensate emergency service people, even if they happen to be volunteers, deceived by a deputy, like the Gunds.

Last week, the appeals court affirmed. Since the deputy would have been investigating a 911 call, and would have been on duty if he’d gone to the crime scene himself instead of sending the Gunds, the couple was, basically, working. Adding insult to literal injury, the couple was ordered to pay the county’s legal fees on appeal.

https://qz.com/1303322/this-chilling-case-demonstrates-the-perils-of-helping-police/?utm_source=reddit.com

[elfenix 34332]

what

the

fuck

[deft 6880]

I find it amazing how the Bernard stories keep actually shocking us......but they do.

[Guest]

wow. 

[crash_davis 23115]

you have got to be fucking kidding me.

 

 

[Skipper 6202]

Yeah, that's pretty damn absurd.

[DaysOff 7975]

That can't be real. Somebody check snopes.

[LongestHorn 759]

Story checks out.

http://www.ukiahdailyjournal.com/article/ZZ/20110406/NEWS/110405282

[PilotsError 2321]

Yeah there's a court document linked in the OP.

[Trey3216 15357]

Moral of the story, tell the deputy to get fucked. 

[gsoda3 3283]

following, hoping to see the update where public outcry sways the scales of justice to change the outcome.

[TwiceHorn 31537]

Weird resolution.  In all likelihood, the sheriff and deputy in question had sovereign/qualified immunity.  The attorneys representing the county/sheriff must have been graduates of one of Cali's more illustrious law schools.

 

More I think about it, geezus.  Who the fuck that regularly represents governmental entities would not raise immunity except on appeal.  Cripes on a cracker.

 

http://www.courts.ca.gov/opinions/documents/C076828.PDF

 

In other words, this wouldn't be such a weird case if it had been properly defended because Sheriffs and Deputies have immunity under California law, like most places:

 

Quote

California Government Code Section 822.2

822.2. A public employee acting in the scope of his employment is not liable for an injury caused by his misrepresentation, whether or not such misrepresentation be negligent or intentional, unless he is guilty of actual fraud, corruption or actual malice.

Then you could be pissed off about sovereign immunity, but it wouldn't be as weird.

Edited June 13, 2018 by TwiceHorn

[PRONG HORN 3159]

 

California ...

 

 

[DigglerontheHoof 21250]

JFC

[bernorange 8365]

That's fucked up.

[elfenix 34332]

2 hours ago, TwiceHorn said:

Then you could be pissed off about sovereign immunity, but it wouldn't be as weird.

i think i'd have a hard time thinking that a deputy calling up a couple of civies to investigate because he can't be arsed to be within the scope of his employ

[Doc Reeves 6434]

Yep. 

If you don’t have a judge or a cop in your family, be afraid. My life is completely different today because of a filthy rapist SA cop. He was a Lieutenant, so you know...

[F250 28823]

My truck caught on fire the summer after my junior year. After the fire department arrived a fireman looked at my truck and asked me "do you have the keys?" I said yeah and he followed up with "could you unlock the door and open it, please?" My reply was "Fuck no!" Then I handed him the truck key.

I never had a cop ask me to do something but my response would be the same.

 

 

 

[Zepol87 9191]

That is fucked. Wow

[SDG 3319]

Can’t they claim they were injured “in the line of duty” and claim payouts via insurance and disability?

Quote

On the job as law enforcement officers.  

 

[TwiceHorn 31537]

19 minutes ago, SDG said:

Can’t they claim they were injured “in the line of duty” and claim payouts via insurance and disability?

 

If still timely, presumably they can make a claim under Cali's workmen's comp statute, whatever benefit that provides.

[Jkwellborn 6745]

Crazy shit. Fuck California.

[Texas_Rocks 347]

I for one am not the least shocked by this.

[SKJ 1311]

I guess it's a lesson in minding your fucking business.

Fucking doing a favor for a cop is now putting you on the clock

[bernorange 8365]

If a cop asks me for a favor and I do it, and the law considers me as working for law enforcement, does that mean I get the perks (qualified immunity) of law enforcement while "working"?  Is there an implied deputization?

[crash_davis 23115]

so what would've happened if she refused to do as requested?  could the state have charged her with something?  

so damned if you do, damned if you don't?

[jimmyjazz 46141]

Hell, if I'm law enforcement merely for doing the bidding of a cop, I want my pension.

[irishtexan 11522]

This is fucked.  

But also, WTF James?

Quote

Inside, (James) finds two dead bodies, heads covered with bags, and his wife with a knife at her throat. As James turns to run, the murderer tackles him and slits his throat as well. 

 

[Shmitty 112]

1 hour ago, irishtexan said:

This is fucked.  

But also, WTF James?

 

This.  

[PRONG HORN 3159]

2 hours ago, irishtexan said:

This is fucked.  

But also, WTF James?

 

 

Maybe James was hoping for the opportunity to make an upgrade.

[Trey3216 15357]

6 hours ago, bernorange said:

If a cop asks me for a favor and I do it, and the law considers me as working for law enforcement, does that mean I get the perks (qualified immunity) of law enforcement while "working"?  Is there an implied deputization?

Like shooting your neighbor's dog?? 

[bernorange 8365]

1 hour ago, Trey3216 said:

Like shooting your neighbor's dog?? 

Well, we gots to know the parameters for handling furtive movements and peoples that don't comply with "stop resisting" orders.

[Pato del Muerto 52604]

Is a cop calling you and telling you to go check on your neighbor a lawful order?  

And yeah, are they deputized and can identify themselves as Leo, and make arrests and shoot at people 10 times, and hit them twice, and be in the clear?

[demos 3011]

That’ll teach you to give a fuck when it ain’t your turn to give a fuck.

 

[happyfunball 481]