GA - Rayshard Brooks, 27, fatally shot in Wendy’s car park, Atlanta, 12 Jun 2020 *officer charged*

[Cryptic]

I seen may city award money under settlement t-shirts for wrongful death and other incidents.

Please read my post.

Cities and other govermental entities may voluntarily settle with anybody for any number of reasons. The key word is voluntarily.

My city settled a discrimination lawsuit by a white female, HS principle because the new superintendent wanted a black male.

I believe you. And you are right, this happens all the time. The key concept is that your city voluntarily settled the lawsuit. That is in the fine print, but it is a huge difference.

The law is the law, no one is exempted.

Simply not true.

Governments may chose to settle for "X", but they cannot be forced to. Ask the Native Americans about trying to force the federal government to pay anything they dont want to.

Even local and state governments enjoy broad sovereign immunity. Sure, they get sued and agree to settlements. Any 1 800 Sue Them attorney can tell you that the law is very different for governments than it is for you and me.

 

[shotgun09]

In a matter of 20-30 minutes, he went from passed out-stone cold trashed, to awakening by cop and then into slurred speech and inability to acknowledge correctly where he was currently at. Then he unsuccessfully attempted to complete the field sobriety test- He could not follow simple instructions. He repeatedly lied about the amount and what he had been drinking. To then blowing into the breathalyzer and failing the exam, to arrest and resisting arrest. I would like to know what his BAC was also, and any additional toxicology

 

[Simply Southern]

The Brooks family was just on TV, ( no link sorry) asking and begging for more protests and money. Wife had already stated she demands an arrest.

I am so confused by this "wife". I researched the video several times and he was drinking with his girlfriend and a baby momma of the child having the birthday,

 

[oviedo]

I am so confused by this "wife". I researched the video several times and he was drinking with his girlfriend and a baby momma of the child having the birthday,

this is going to get interesting - does the gf have an appeal out as well?
jMO

 

[Simply Southern]

Please read my post.

Cities and other govermental entities may voluntarily settle with anybody for any number of reasons. The key word is voluntarily.

I believe you. And you are right, this happens all the time.

The key concept is that your city voluntarily settled the lawsuit. That is in the fine print, but it is a huge difference.

Nope, in the case of discrimination in my city a federal judge heard the preliminary evidence and issued approval for a trial.

 

[SugarQueen]

Look, I am looking at the video, the beginning, when both of these guys look at each other, showing empty hands. It started normally. And I am asking, what the heck?

I am not blaming the officer. I think the decision when a drunk guy has to be put in shackles and brought to jail was probably the "typical" one but not the only one.

They had everything to prove he was drunk. Call home, bring someone in to drive him, and slap him with the fine for drunk sleeping and maybe, the cost of towing the car. Make him go to AA, a year of AA, the Book and 12 steps will be really a bad punishment. Or drive him home, if you are really nice.

Now, with all the losses due to this case, I am trying to find out if there are better ways of conflict resolution.

Honest question about the above scenario. Would this apply to all DWI/DUI cases? Would LE be expected to make calls and sit with drunks until their ride shows up?
This man was staying in a hotel with his girlfriend. According to him his girlfriend drank more than he did.

 

[SugarQueen]

I suspect his “wife” and “girlfriend” are one and the same. Moo

 

[mister happy]

In a matter of 20-30 minutes, he went from passed out-stone cold trashed, to awakening by cop and then into slurred speech and inability to acknowledge correctly where he was currently at. Then he unsuccessfully attempted to complete the field sobriety test- He could not follow simple instructions. He repeatedly lied about the amount and what he had been drinking. To then blowing into the breathalyzer and failing the exam, to arrest and resisting arrest. I would like to know what his BAC was also, and any additional toxicology

The breathalyzer was held up to the body cam. It showed .108

 

[Simply Southern]

Please read my post.

Cities and other govermental entities may voluntarily settle with anybody for any number of reasons. The key word is voluntarily.

I believe you. And you are right, this happens all the time. The key concept is that your city voluntarily settled the lawsuit. That is in the fine print, but it is a huge difference.

Simply not true-at all

Governments may chose to settle for "X", but they cannot be forced to. Ask the Native Americans about trying to force the federal government to pay anything they dont want to.

Even local and state governments enjoy broad sovereign immunity. Sure, they get sued and agree to settlements. Any 1 800 Sue Them attorney can tell you that the law is very different for governments than it is for you and me.

I did find a link. This was a hot topic in our community and the city kept saying....oh, she can't sue us. Well, she did and a large settlement.

Filing a Lawsuit | U.S. Equal Employment Opportunity Commission

In most cases, the EEOC can file a lawsuit to enforce the law only after it investigates and makes a finding that there is reasonable cause to believe that discrimination has occurred, and is unable to resolve the matter through a process called "conciliation." The EEOC has discretion which charges to litigate if conciliation efforts are unsuccessful, and ultimately litigates a small percentage of all charges filed. When deciding whether to file a lawsuit, the EEOC considers factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination.

Congress also gave individuals the right to file a lawsuit in court.

 

[mickey2942]

I suspect his “wife” and “girlfriend” are one and the same. Moo

But legally, we would have to look at the Laws regarding "Common Law" marriage in Georgia, how long they lived together, if at all. And in regards to the child, if his name is on the birth certificate as the Father. Whether or not the child is legitimated or not.

Lots of questions. People can "say" they are married, but when it comes to the law, and recieving any type of death benefits, a marriage certificate is the standard. No marriage certificate, no benefits.

Same with the child, no legitimation, no standing for death benefits. Now, they can do DNA test posthumously, for verification. That would suffice for evidence.

 

[Simply Southern]

The breathalyzer was held up to the body cam. It showed .108

Do we have Mr Brooks weight?

Heres a chart that gives the approximate number of drinks per night and weight.

Blood Alcohol Concentration | Aware Awake Alive

 

[Simply Southern]

Honest question about the above scenario. Would this apply to all DWI/DUI cases? Would LE be expected to make calls and sit with drunks until their ride shows up?
This man was staying in a hotel with his girlfriend. According to him his girlfriend drank more than he did.

This maybe our future, when police forces are de funded. I keep hearing ideas for social workers and mental health professionals to respond to these type calls.

I've lots of SW and MHP friends, they laugh at the very idea. They won't go to some homes with a police escort.

Can we envision how a sweet little 30 something social worker would have handled Mr. Brooks?

 

[Cryptic]

I did find a link. This was a hot topic in our community and the city kept saying....oh, she can't sue us. Well, she did and a large settlement.

Filing a Lawsuit | U.S. Equal Employment Opportunity Commission

Congress also gave individuals the right to file a lawsuit in court.

Being allowed to file a law suit against a government is one thing. Actually forcing an unwilling government to pay anything is an entirely different matter.

State and local governmental entities do not have the absolute sovereign immunity of the federal government, but their version still runs strong and true.

Government contracts are different than tort awards- even still, governments have been known to "adjust" the contracts knowing that their Sovereign Immunity still carries weight.

As a side note, my church knows about sovereign immunity: The church bought some land and a building that the city offered for sale. The city then changed their mind an voided the sales contract while giving a refund for the sale price.

The church asked for money spent on post sale blue prints to be reimbursed as well. The Sovereign said: We"ll think about it- but, good bye" 1o years later, no reimbursement and the city is still "thinking" about it.

 

[Simply Southern]

No common law marriage recognized in Georgia. It was abolished in 1997. If prior to 1997 there maybe some protection.

But legally, we would have to look at the Laws regarding "Common Law" marriage in Georgia, how long they lived together, if at all. And in regards to the child, if his name is on the birth certificate as the Father. Whether or not the child is legitimated or not.

Lots of questions. People can "say" they are married, but when it comes to the law, and recieving any type of death benefits, a marriage certificate is the standard. No marriage certificate, no benefits.

Same with the child, no legitimation, no standing for death benefits. Now, they can do DNA test posthumously, for verification. That would suffice for evidence.

https://mtlawoffice.com/news/common-law-marriage-in-georgia-3

Common law marriage is a marriage recognized in some states even when there has been no official ceremony performed or civil contract entered into. Common law marriage was abolished in Georgiabeginning on January 1, 1997 and any common law marriage entered into on or after that date is not valid O.C.G.A. �§19-3-1. However, Georgia still recognizes any valid common law marriage enteredinto prior to January 1, 1997 and, thus, it is important to understand how a common law marriage can be established.

 

[Keefer]

I bet the officer wishes he did not shoot and kill Mr
Brooks now! His partner likely feels the same way too. Many many grandmas who were sure to be a victim of Mr. Brooks’ newly acquired taser are of course breathing a huge sigh of relief.

 

[Charlot123]

Honest question about the above scenario. Would this apply to all DWI/DUI cases? Would LE be expected to make calls and sit with drunks until their ride shows up?
This man was staying in a hotel with his girlfriend. According to him his girlfriend drank more than he did.

This case should go into trainings. I don’t know why it went so badly. But - as one of the passerby had said to both policemen, “your careers are ended”.

I am trying to understand if there was a better way out in our very difficult times.

 

[mickey2942]

This maybe our future, when police forces are de funded. I keep hearing ideas for social workers and mental health professionals to respond to these type calls.

I've lots of SW and MHP friends, they laugh at the very idea. They won't go to some homes with a police escort.

Can we envision how a sweet little 30 something social worker would have handled Mr. Brooks?

I can tell you right now, that sending a social worker out of school, into the field in the middle of a domestic violence crisis is not going to work. And more than likely, won't happen.

Often, social workers for DCFS have to arrange for police officers when they are doing child removals.

 

[SugarQueen]

I bet the officer wishes he did not shoot and kill Mr
Brooks now! His partner likely feels the same way too. Many many grandmas who were sure to be a victim of Mr. Brooks’ newly acquired taser are of course breathing a huge sigh of relief.

I bet the officers wish Brooks didn’t resist, punch one in the face, fight them, steal the tazer, and fire the tazer at them. I bet they wished he had stayed the calm acting person he was in the beginning. I bet they wished he didn’t turn the arrest for DUI/DWI into a big issue.

 

[escape2sc]

I have seen posts referring to Mr. Brooks having recently been in jail or having past domestic violence arrests - is there an article stating this ? TIA

 

[Charlot123]

This maybe our future, when police forces are de funded. I keep hearing ideas for social workers and mental health professionals to respond to these type calls.

I've lots of SW and MHP friends, they laugh at the very idea. They won't go to some homes with a police escort.

Can we envision how a sweet little 30 something social worker would have handled Mr. Brooks?

Maybe we should ask police of the countries where the relationships are better. Sweden of Norway, maybe Germany? Because they have exactly the same issues with poverty and crime, and tons of immigrants, but somehow manage.