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  #21  
Old 02-09-2007, 09:05 AM
Sean-1966 Sean-1966 is offline
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Any update?
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  #22  
Old 02-09-2007, 12:33 PM
Newshutr Newshutr is offline
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Craig is out until Monday latest. There is some speculation that the cop that attacked Craig may have been on-duty and working as mall security at the same time. Double dipping is a no-no and the cop might have reacted the way he did because he was caught.

It's just speculation at this point. If I hear any more, I'll update asap.
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  #23  
Old 02-09-2007, 01:35 PM
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Quote:
Originally Posted by Newshutr View Post
There is some speculation that the cop that attacked Craig may have been on-duty and working as mall security at the same time. Double dipping is a no-no and the cop might have reacted the way he did because he was caught.
Sounds like a good story for your investigative reporter/s if you have any.

cm
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  #24  
Old 02-09-2007, 01:52 PM
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Default It's very simple and makes complete sense.

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Originally Posted by shootercub View Post
Yikes!

Why does this KEEP HAPPENING?

This example of police brutality only strengthens my contempt for jacktard officers!

We should all be reminded to KEEP ROLLING!! This photog did a great job ensuring his settlement will be $pectacular!
Why does this continue happening ? Point blank because in the end after all is said and done, television station management just wants to make nice and refuses to follow through. If station management refuses to go the distance then they are complicit with the assaulting officer and are putting you in a dangerous situation. If injured you should sue both the police dept, and station management if they refuse to defend you in a civil case against the city and the officer. I know what you'll say, I need the gig. THAT in and of itself is the reason things don't get done. When station management backs up the photographers and takes this to court, the waves of judgements from these cases will cause the action to begin to stop. Do nothing, get nothing. I hope the photographer takes the bastard to the cleaners. NEVER back down and KEEP ROLLING. GOOD JOB.
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  #25  
Old 02-09-2007, 01:54 PM
rocky1138 rocky1138 is offline
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I think everyone agrees that the cop AND the sales manager were in the wrong. (I'm surprised how long it took to ask her to take her hand off the camera, but love the "assult-no he didn't" line. Cold-Open ka-ching!)

one thing I noticed is that the PD sat down for an interview (which didn't have anything substantial in it) before the store could even write a 1-paragraph statement.

that is more than some Police Departments I've had to work with.

to everyone here saying "teach the cops a lesson!!!", I hope you don't take that attitude w/ you to work. b/c I've found if you have a problem w/ cops, you're going to have problems w/ cops.

there are the Jerks-w/-a-badge out there. but most cops I've run into while working mind their own business if I mind mine. & there are a few who will give you a mile if you give them an inch.

overall I think it depends a LOT on the department & the way their train their officers. city to city you get treated very differently.

I just wanted to make sure as journalists we we're stereotyping all cops to be power hungry hippos w/o a brain.
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  #26  
Old 02-09-2007, 03:08 PM
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Did anyone else notice the lawyer ad banner at the top of the stations web page. Oh the irony.....

Cheers, Mi3ke
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  #27  
Old 02-09-2007, 07:48 PM
Terry E. Toller Terry E. Toller is offline
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This is a PERFECT example of what I have been complaining about for years! this cop actually believed that the media needs "his" permission to take his picture. He believes that because he thinks HE is better than anyone who does not wear a badge. Many cops today think that way.

A letter of complaint is one thing. BUT, the only way this cop and others like him are going to learn is for the VICTIM of an assault under the color of authority to file criminal charges against the officer and follow up with a civil rights and injury lawsuit.

Only when these idiots are forced to face the law that they swore to uphold will they learn that the law protects everyone, including the media. and, if this cop sees that half of his paycheck is attached and mailed to the photographer for the next 20 years, he just might get the idea...
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  #28  
Old 02-09-2007, 08:06 PM
Newshutr Newshutr is offline
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Quote:
Originally Posted by Canonman View Post
Sounds like a good story for your investigative reporter/s if you have any.

cm
Well, we had the infamous Carl Monday of the Library Jerk Off Guy story. But the station and he couldn't reach a contract agreement so he went to WOIO across the street.
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  #29  
Old 02-09-2007, 08:07 PM
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Quote:
Originally Posted by rocky1138 View Post
I think everyone agrees that the cop AND the sales manager were in the wrong. (I'm surprised how long it took to ask her to take her hand off the camera, but love the "assult-no he didn't" line. Cold-Open ka-ching!)
Wasn't a sales manager that grabber the camera. It was a Mall PR person..

Another reason to dislike PR hacks...
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  #30  
Old 02-09-2007, 09:53 PM
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“There's emotional injuries. If he sees or encounters that cop or any other cop again, who knows what might happen to this guy's psyche...he might be afraid of all cops from now on. What's to stop the cop's buddies from pulling the guy over in his private car and hasseling him or giving him a ticket for no reason at all or worse - the cop shoots this guy dead and plants a gun in this guy's hand. Think it can't happen? Watch the movie "An Innocent Man", sure the movie is fiction, but I'll bet something like that has happened before”

Are you serious? That is a massive generality and a extremely meagre view of your legal system and the Police who are meant to ‘Serve and Protect’ Your opinion would suggest a somewhat damaged, misguided and a somewhat paranoid view.

I am not dismissive of the view that people can and do suffer emotional trauma. I agree with you on that point. However, to suggest that this guy may have long lasting emotional trauma from encountering a very stupid police officer, borders on inane.

If that were the case, then he is in the wrong business as many of us would be. Every day we deal with trauma, rudeness, arrogance and in some cases violence of a nature. If I was traumatized by all these events, I would have been locked up by now.

Agreed the officer was a turd and his behaviour was in violation of the cameraman’s rights and he should take action.

On the point of the mall. If we get invited into a shop inside the mall, we still need permission from centre management as they control the entire centre. Maybe it works different in the States.
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  #31  
Old 02-10-2007, 12:48 AM
Terry E. Toller Terry E. Toller is offline
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This is where it is necessary for journalists to KNOW the law. In CA, section 602.1.1 of the CA Penal code clearly spells out that when private property is open for business to the public, ANY activity protected by the Constitutions of the United States and the State of CA cannot be used as a reason to remove a person from the property.

There is a case working right now in Bakersfield where a photog was attacked by mall security for taking pictures of the parking lot. Dennis should end up a wealthy man, IF he has a lawyer who knows or reads and learns the law... I wish him the very best.

Every time a cop uses force or the threat of arrest to bar the media outside of a crime scene, the department and the officer needs to be taken to task. I don't mean a complaint. I mean get them into the legal system and force them to defend themselves which they can't do. Then, follow up and make them pay!

I have had a few such run-ins and was able to discuss the matter with a supervisor I knew and trusted and the situation was taken care of on the street. BUT, in some cases, the supervisor will give the officer a pat on the back for keeping the media at bay.

Think about it. We have seen too many videotapes of police officer abuse in recent years. there is a serious attitude problem with some of these cops. If the media can't keep an eye on their behavior, they can run free and abuse anyone they wish, even without reason for contact in the first place. Believe me, the Supreme Court will support the media as a watchdog...
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  #32  
Old 02-10-2007, 08:54 AM
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Why should Craig sue CPD and the officer in question?

Because the officer committed a crime against Craig; but despite that he will not be punished through the criminal legal system like you or I would if we had battered the police officer.

Because the police get these extra-ordinary protections (almost anyone else who commits aggravated battery will be arrested on the spot) and this police officer will never be placed in the criminal system, the only justice Craig will be entitled to (or at least able to get) is monetary.

Yes, the cops need education, but that's a moot issue at this point.What's done is done. But regardless of who you are, an offender deserves punishment and a victim deserves justice.
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  #33  
Old 02-10-2007, 10:29 AM
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It's very easy to see something like this in which the cop is clearly in the wrong, and start thinking about dollar signs. But whether it's out of desire for money or desire to teach the cop a lesson, we have to realize that lawsuits aren't so easy. You have to prove actual damages - so far the only damages are whatever the photog incurred in hospital bills, which will be taken care of by worker's comp and therefore those damages are not his to claim. As for the injury, it generally needs to be a lasting injury - not something where he's back at work on Monday. As far as emotional damage, good luck proving it. First you'll need to pay a shrink to diagnose you, and then pay him to testify (which probably means pay him to lie since no photog worth his salt is going to run around terrified of cops because one touched his lens). If you lose, you're out that money.

It's easy to yell "sue!" but it's a lot harder to actually do it and win.
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  #34  
Old 02-10-2007, 12:01 PM
Chismoso Chismoso is offline
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Default Station management is at fault

The TV station management / News director is / are the ones who have got to follow up and put pressure on the Police Dept . . . which they will never do because they don't want to loose out on the opportunity to grab an " exclusive " sound bite with the PIO at the next fender bender on Route 66.

The only thing that the station is going to do is run the story about what happened ( like the station did in this situation ) just to please the photog , then one call to the news director from the Police Dept. will sweep everthing under the carpet .

Just keep on checking this board and in another two months from now you are going to see a similar siuation happening in another town , with the TV station involved doing the similar story on the similar incident . . . . . . and that is as far as the incident will go.
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  #35  
Old 02-10-2007, 09:07 PM
Terry E. Toller Terry E. Toller is offline
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Actual damages is absolutely in order to file any lawsuit for damages. It can be for something as small as the cost of an ace bandage to aid in the recovery of a sprained wrist, a few dollars. The message comes from punative damages, that adds up.

the issue is not to make the photog rich, it is to cost the department and or the cop so they consider changing their behavior in the future...

You are right, the cop most likely won't get punished. He most likely got a bunch of high fives otherr low lives... Punative damages will be punishment.

I had an incident in San Bernardino county where I was put in cuffs and stuffed into a cop car. when the supervisor got around to reading the law that I quoted, he released me. I advised him that I was still a victim of false arrest and imprisonment.

The next day the Sheriff himself called me at work. He drove up to Barstow and took me to lunch. We discussed the incident in great detail. He assured me there would be changes and we went our sepreate ways.

I know for a fact that today, the SBSD teaches 409.5 of the penal code to new cops and that the media has rights. The sheriff didn't make changes because he is a nice guy, he did it because he knew that if I filed suit, I would win, hands down.

I could have cashed in big time but because the sheriff made changes, I wrote it off and enjoyed full access from his deputies in the future. Crime scenes were still off limits of course, but the cops obeyed the law and that was all I wanted...
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  #36  
Old 02-11-2007, 10:38 AM
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Quote:
Originally Posted by Terry E. Toller View Post
Actual damages is absolutely in order to file any lawsuit for damages. It can be for something as small as the cost of an ace bandage to aid in the recovery of a sprained wrist, a few dollars. The message comes from punative damages, that adds up.
You're absolutely right that actual damages can be small. However unless you're a freelancer YOU can not generally file suit for actual damages. Worker's comp pays for those damages - it is therefore up to the station who gets dinged for the charges to file the suit, since *they* are the ones incurring the financial loss. The most you could do in a suit for actual damages is be a witness.

Punative damages generally must acompany actual damages - - In most cases I can't sue you just to punish you - more accurately, I can sue, but it will in all likelihood get thrown out. I have to show actual damages, and THEN hope the judge will assign punative damages as well. So unless you're laid up for a long time or have a permanent / permanent partial injury in which you can show physical damages or loss-of-enjoyment damages (I can't ski / ride my bike / lift weights / do things I normally would do because of the injury) you will not have the grounds to seek punative damages. Of course your station, which incurred the actual damages of the bandages / ER visit, etc, can certainly ask for punative damages.
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  #37  
Old 02-11-2007, 12:48 PM
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Default What about the Constitution??

The cop violated your CONSTITUTIONAL rights. You do not have to have suffered bodily injury. I have used this defense a couple of times now, once with financial payoffs and a letter of appology. Cops are very careful when confronted with a photog that knows his or her rights in this section because being found in violation of it exposes his/her PERSONAL assets to seizure, not just whatever the citys liablity policy will cover.

Title 42, Chapter 21, subchapter I, sec 1983.


§ 1983. Civil action for deprivation of rights


Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.
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  #38  
Old 02-11-2007, 12:48 PM
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Each newsie ought to look this section up and print it out. AND CARRY A COPY IN YOUR WALLET!
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  #39  
Old 02-11-2007, 02:35 PM
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Default California Penal Code Section 409.5

California Penal Code Section 409.5
--------------------------------------------------------------------------------

409.5. (a) Whenever a menace to the public health or safety is created by a calamity such as flood, storm, fire, earthquake, explosion, accident, or other disaster, officers of the California Highway Patrol, California State Police Division, police departments, marshal's office or sheriff's office, any officer or employee of the Department of Forestry and Fire Protection designated a peace officer by subdivision (h) of Section 830.2, any officer or employee of the Department of Parks and Recreation designated a peace officer by subdivision (g) of Section 830.2, any officer or employee of the Department of Fish and Game designated a peace officer under subdivision (f) of Section 830.2, and any publicly employed full-time lifeguard or publicly employed full-time marine safety officer while acting in a supervisory position in the performance of his or her official duties, may close the area where the menace exists for the duration thereof by means of ropes, markers, or guards to any and all persons not authorized by the lifeguard or officer to enter or remain within the enclosed area. If the calamity creates an immediate menace to the public health, the local health officer may close the area where the menace exists pursuant to the conditions set forth in this section.

(b) Officers of the California Highway Patrol, California State Police Division, police departments, marshal's office or sheriff's office, officers of the Department of Fish and Game designated as peace officers by subdivision (f) of Section 830.2, or officers of the Department of Forestry and Fire Protection designated as peace officers by subdivision (h) of Section 830.2 may close the immediate area surrounding any emergency field command post or any other command post activated for the purpose of abating any calamity enumerated in this section or any riot or other civil disturbance to any and all unauthorized persons pursuant to the conditions set forth in this section whether or not the field command post or other command post is located near to the actual calamity or riot or other civil disturbance.

(c) Any unauthorized person who willfully and knowingly enters an area closed pursuant to subdivision (a) or (b) and who willfully remains within the area after receiving notice to evacuate or leave shall be guilty of a misdemeanor.

(d) Nothing in this section shall prevent a duly authorized representative of any news service, newspaper, or radio or television station or network from entering the areas closed pursuant to this section.
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  #40  
Old 02-15-2007, 02:12 PM
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Any update?
How is the Photog?
What happened to the Cop?
Did the mall ever coment?
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