Comments by "L.W. Paradis" (@l.w.paradis2108) on "Dr. Todd Grande"
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@Rokaize Did you READ the complaint? Your understanding is wrong.
Your statement that guns drawn was "reasonable" under the circumstances of this case is purely conclusory, with no basis in the facts. The Graham v. Connor case stands for exactly the opposite principle: reasonableness is an objective standard. It is analogous to the "reasonable person" standard. It is not based on what these officers thought was reasonable, but on what a reasonable officer, properly trained (and not, say, prone to brutality or hysteria) would consider appropriate under all the facts and circumstances of the encounter. By your logic, that would allow almost anything. In fact, it does not. What in Graham v. Connor sounds to you like highly general language is in fact quite technical.
Naming something a felony stop, or devlaring it to be high risk does not make it so. Probable cause to believe a felony is in progress or is imminent is required. Why would a driver that does not speed up in response to sirens be considered a felon or high risk?
I used to advise judges on the law in the cases before them. So I wrote bench memoranda on the briefs and records of both sides, criminal and defense, federal level. Give it up. You thought insults would land?
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@SuMMeRFLi5 First of all, you do not have the correct timeline, which her own attorney presented during the press conference she called to announce her lawsuit. The search of the child's backpack was not initiated by her report. Second, you have no evidence that Ohio law requires her to immediately call the police due to the suspicion she had and articulated, which is the only thing that counts with respect to her suit. Third, even if it were true that calling police was required, it does not block her law suit. A mistake, even of that nature, is not full assumption of risk.
(Where did YOU go to law school? Don't worry, attorneys know how to keep people like you, who think you know the law better than the judge does, off of juries.)
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