LA - Officer fatally shoots Alton Sterling outside store, Baton Rouge, 2016

  • #421
The 4 August lawsuit says police advanced against protesters while wearing military gear and gas masks and brandishing assault weapons alongside armored vehicles. Officers threatened peaceful protesters by pointing weapons directly at them, the suit says.

Louisiana’s governor, John Bel Edwards, has said the officers’ use of riot gear and weaponry was an appropriate response. The governor, a Democrat who comes from a family of sheriffs, also noted that a police officer had teeth knocked out by a rock during the protests.

Two of the 12-member council voted against the settlement, including John Delgado, who was furious at the payout.

“To me, this encourages that type of behavior to happen in the future,” Delgado said. “I have no interest in paying $100,000 in taxpayer dollars to people who are coming into our city to protest.”

https://www.theguardian.com/us-news...n-alton-sterling-protest-settlement-louisiana

Looks like $100,000 is the settlement for the class action suit, NOT $25,000 for each protester.
 
  • #422
....https://www.theguardian.com/us-news...n-alton-sterling-protest-settlement-louisiana
Looks like $100,000 is the settlement for the class action suit, NOT $25,000 for each protester.

bbm sbm
If lawsuit was brought by/on behalf of arrested protestors, and if there were ~200, would that be a sufficient # for court to certify as a class action?
"Numerosity refers to the number of people in the class. To be certified, the class has to have enough members that simply adding each of them as a named party to the lawsuit would be impractical.[SUP][8][/SUP] There is no bright-line rule to determine numerosity, but classes with hundreds of members are generally deemed to be sufficiently numerous." bbm
^ from https://en.wikipedia.org/wiki/Class_action Much more re procedural details at link.

Seems like all ppl of the potential class of plaintiffs (ppl at protest site arrested by LEO that day/night & who claim their civil rights were violated by being arrested) could be fairly easily be identified thru arrest records, so I wonder if the ct would certify case as a C-A. IDK, JM2cts.

ETA: Sorry, BayouBelle_LA, I did not mean to suggest that you called it/mislabeled it as a class action. Yes, Guardian link said "class action" but I wonder if it was filed as a C-A or if it has bn certified as a C-A. IIRC just filed Aug 4. Pretty soon for a C-A certification. "The federal class action suit accuses police of excessive force and violating their constitutional rights to freedom of speech and assembly."

Link to the petition or complaint? Anyone? Thx in adv.
 
  • #423
From post, "no more than $25,000 payment to each protestor" <--- I interp'ed article differently but could be wrong.

Per quote* below from your ^ link, "under the deal"
city #1, st police #2, sheriff's #3, & DA #4 collectively are...... 4 entities
that "will pay no more than"................................................ x "$25,000 each" (ea entity pays, not ea protestor receives)
.............................................................................................= $100,000 total to named plaintiffs.

IIUC, $100,000 total to pay to all plaintiffs however many. 2? 10? 20? IDK but doubt all 200 arrested were named parties.
Anybody have a link to ct petition? Or to minutes w Metro Council motion & vote?

Is it possible info was misreported? IDK, JM2cts, I could be wrong.


_________________________________________________________________________________
* "The Advocate reports that under the terms of the deal, the city government, the Louisiana state police, the East Baton Rouge sheriff’s office and the district attorney’s office will pay no more than $25,000 each for a total of about $100,000. Mckesson was among nearly 200 protesters arrested." bbm

Maybe this will help.

The article I linked to above links to another that says:

The Metro Council voted Tuesday evening to approve the settlement in the federal class-action lawsuit.

The settlement, about $100,000 in total, will be borne by four agencies paying no more than $25,000 each: the city government, Louisiana State Police, the East Baton Rouge Sheriff's Office and the District Attorney's Office.

Parish Attorney Lea Anne Batson said the city plans to pay $230 to each of the 92 plaintiffs in the lawsuit.

The rest of the money under the $25,000 cap for the city-parish will go toward bonding fees, attorney's fees and other costs, Batson said.
 
  • #424
  • #425

bluesneakers
TYVM for the info and link.

From your earlier post "no more than $25,000 payment to each protestor" I could not tell whether that phrase I put in quote marks was a quote from MSM or was your interp. That was my confusion.

My takeaway from theadvocate.com link & other MSM, is that phrase "not more than $25,000 each" (in your earlier post) applies to each of the four entities paying/contributing to the settlement, does not apply to $25,000 for each protestor or plaintiff who will receive money from the settlement.

JM2cts, thru w splitting hairs on that for now.
 
  • #426
bluesneakers
TYVM for the info and link.

From your earlier post "no more than $25,000 payment to each protestor" I could not tell whether that phrase I put in quote marks was a quote from MSM or was your interp. That was my confusion.

My takeaway from theadvocate.com link & other MSM, is that phrase "not more than $25,000 each" (in your earlier post) applies to each of the four entities paying/contributing to the settlement, does not apply to $25,000 for each protestor or plaintiff who will receive money from the settlement.

JM2cts, thru w splitting hairs on that for now.

I know! After I read it I had the same reaction. I should have picked the other one to copy and paste. :)
 
  • #427
Officers in Alton Sterling case won't be charged, Louisiana AG Jeff Landry says

http://www.theadvocate.com/baton_ro...cle_ba6af8f0-2dfc-11e8-ae6f-4fa07b6300fb.html

Louisiana Attorney General Jeff Landry on Tuesday declined any criminal charges against the two white Baton Rouge police officers involved in the fatal shooting of Alton Sterling, a 37-year-old black man, in July 2016 outside a convenience store.

Landry said that after a "thorough and exhaustive review of the facts," his office "cannot proceed with the prosecution of either Officer (Howie) Lake or Officer (Blane) Salamoni."

"During that encounter, Mr. Sterling continued to resist the officers' efforts," Landry said at a news conference after meeting with members of the Sterling family. "The officers used verbal commands of varying degrees and tried to control Mr. Sterling with several nonlethal techniques.”
 
  • #428
  • #429
My favorite part of the press conference was when he said "stop running. Stop resisting police. If you feel you were targeted, report it". Because to me, that is the part that is never said. The respect for laws. Any time laws are broken, it becomes dangerous for everyone.

As for the rest of it, I don't even know how to feel. I really dont.

Sent from my SM-G900V using Tapatalk
 
  • #430
  • #431
1 officer dismissed from Alton Sterling wrongful death suit

A white Louisiana police officer who assisted in the arrest in which Alton Sterling was fatally shot has been dismissed from a wrongful death lawsuit.

A state district judge dismissed Howie Lake II from the case Monday at the request of Lake and his attorney.

A lawyer for the Sterling family said attorneys would be meeting to consider their options following the decision.

Salamoni and the others named remain in the suit defendants. It will go to court on March 1, 2021, unless a settlement is reached.
 

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