I suspect someone had a heart-to-heart chat with her, Chief to Sergeant.

Matt

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De duobus malis, minus est semper eligendum

I hope the Chief remembered to put towels on the floor before inviting her into his office.

I understand that these are now standard issue in her department:

__________________
De duobus malis, minus est semper eligendum

You can read the complaint that was filed in court here: http://www.orlandosentinel.com/news/...l_tab01_layout

Matt

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De duobus malis, minus est semper eligendum

Awesome.

Very good...

So we have laws prohibitting lawsuits against sitting politicians, armed services members on active duty, whisttleblowers reporting suspicious behavior and now one i guess for this? I guess John Edwards must be livid that the kid didn't die; otherwise he could have respsented the family and channeled the dead in a courtroom like he usually does.

Usually?

Please, demonstrate the cases (better be plural (and many)) in which he's done that.

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When they come a wull staun ma groon
Staun ma groon al nae be afraid
Thoughts awe hame tak awa ma fear
Sweat an bluid hide ma veil awe tears

What do you mean? What would be wrong with including a clause in the code or ordinances that covers police and other emergency services, prohibiting officers from filing law suits against the people they rescue? This law suit filed by this police officer is absurd. But if it’s not prohibited by the police code or a city ordinance, then she is within her legal rights to file it. We can wax lyrical about the nonsensical nature of her claim; deplore the immorality of her action; applaud her suspension from duty (and perhaps she will appeal that too). But public condemnation and shaming is not enough to stop unscrupulous people taking advantage of loopholes in the system. Even if she loses, the family will have been put through needless additional stress; her publicity reflects badly on the police and other emergency services; and there’s the cost of defending against her claim. A law could have stopped all that nonsense.

What's that all about?

Tethys

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-- Harry S. Truman

What about "patients" that assault emergency responders? It's a common thing. There can't be immunity for them.

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When they come a wull staun ma groon
Staun ma groon al nae be afraid
Thoughts awe hame tak awa ma fear
Sweat an bluid hide ma veil awe tears

Agreed. But I think that's different. An asault is an assault. It should be covered under the relevant criminal laws.

Tethys

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-- Harry S. Truman

Even where the law provides immunity, it doesn't prevent the filing of a lawsuit. Anyone can file a lawsuit at any time, and has a right to have it considered on it's merits (or dismissed for lack thereof).

In this case, even if she had not dropped her lawsuit, I believe that she would have lost at trial. Her case was without merit, IMHO, from a legal standpoint.

But to have a blanket prohibition against an emergency responder filing suit would be to create a unique second-class citizen status. It would also in all probability be unconstitutional, is it would deny due process of law to those who were barred from filing.

Matt

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De duobus malis, minus est semper eligendum

Fair enough. That thought did cross my mind too. I’m just stunned a police officer could file such a law suit in this situation.

I guess this is another one of these situations where the exercise of rights can be abused, but it is better to preserve the “right” so it serves those who do not misuse it.

Tethys

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-- Harry S. Truman

I was actually agreeing with you, short of actual torte reform and actual legislation to stop fruitbat lawsuits the next best option is to pass individual bills to stop specific types of lawsuits.

However if we go too far, all (barring those that protect national security laws) will be struck down as unconstitutional at some point or another.

I agree and its sad when it happens because emergency responders certainly don't deserve to be treated like that.

Just yesterday i saw something pretty horrific (guy split his skull over the road when he fell some 20 feet) and had it not been for those brave enough to go and help him (not squeamish and scared themselves) and then the paramedics when they arrived he may well have been dead.

How about doing it the same way as with anything else, if they are charged with a crime against the Emergency responder then obviously they lose that immunity if convicted, and obviously if they are convicted they face the same penalty any other individual would?

Agreed. And I see Matt’s point too. I just think there may be a way to address the question in a work ethics code without violating anyone’s constitutional rights.

If we can set aside the emotional specifics of the case, it’s an interesting case in terms of balancing ethics and law.

Agreed… That’s basically what I said in my reply to Pramjockey too.

Tethys

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-- Harry S. Truman