Biker attack victim sues NYPD/City of New York....

ClydeFrog · January 20, 2014, 12:53 AM

The man pulled from his SUV & severely beaten has filed a civil action against the NYPD & the City of New York government among others related to the attack.

This incident was discussed at length on TFL last fall(2013).
I'm not sure what actions the city or NYPD will take but Id guess they'd settle it quickly.
Knowing a few NYPD detectives & officers were on scene and other factors, I don't think the new mayor or city officials(PC Bratton etc) would want to drag it out.

Clyde

shortwave · January 20, 2014, 12:24 PM

Quote:

I don't think the new mayor or city officials(PC Bratton etc) would want to drag it out.

I would suspect you are right. Especially if it was a fact that one of the bikers that was there throughout the event and witnessed the beating but did nothing to prevent or stop it was one of their own. Even if it is true as was suggested that he was undercover.

A very good possibility that this fella may have hit the lottery but will probably be silenced by an 'out of court' settlement as to the amount paid by NY taxpayers.

press1280 · January 21, 2014, 07:00 AM

Unless he was beaten by a NYC cop, the motorist will lose. No duty to protect individual citizens, period.

zincwarrior · January 21, 2014, 08:44 AM

Normally that is the case. However in this instance, police officers were actually participating. Thats an interesting wrinkle that will probably get a settlement.

shortwave · January 21, 2014, 11:20 AM

Undercover cop lied about taking part in biker beatdown of ...
http://www.nydailynews.com/new-york/...ied-role-biker...

One thing to just outright take the media for its reporting on things. But quit a different story when the accused is caught on video of wrong doing. As well as confesses to his superiors of wrong doing days later after he had no choice but to do so when the vids. were reviewed by NY pd. and was ID'd by NYPD busting out a window on the SUV.
And he had apparently lied to his superiors prior saying he had no involvement in the incident.

IMO, nothing more then a thug with a badge. He should have the book thrown at him, be permanently stripped of his badge and be prosecuted to the fullest extent of the law.

Back on point...with all this evidence, even though Mr. 'thug' cop was off duty at the time of the crime, I'm thinkin the victim has a very good shot at winning his case.

Hope he wins(and wins big) every case he files against everyone involved at this point.

sfwusc · January 23, 2014, 08:54 PM

I think he should be afford huge sums of money for the very reason that he was attacked in a city that has so many gun control laws. They won't allow you to protect yourself, so they are responsible if you get attacked.

Oath Keeper · January 23, 2014, 09:49 PM

The video showed that the suv diver was in the wrong. Then the motorcycle riders were wrong after that. For the riders that mob mentality took over. Everyone that I know that rides sides with the bikers (wether they have kids or not). Then it was something like 75/25 pro bikers. I could care Ltd about the case. NY is as corrupt as Detroit.

sfwusc · January 23, 2014, 10:10 PM

well an attorney on some show stated the riders broke the law by trapping the SUV. Once they did that...they gave the SUV driver legal right to do what he did. So legally, it was 100% the riders fault and 0% the SUV driver in their opinion based on the laws.

I am not an attorney!

**Tom Servo** · January 23, 2014, 11:27 PM

Quote:

They won't allow you to protect yourself, so they are responsible if you get attacked.

Nobody's ever successfully brought such a suit. While there's a certain moral satisfaction in the idea, I doubt we'll ever see the courts support a standard of liability like that.

Let's skip the generalized rants about New York and stick to the lawsuit at hand.

Theohazard · January 25, 2014, 01:22 AM

Quote:

Originally Posted by Oath Keeper

The video showed that the suv diver was in the wrong.

No. That's what it looked like at first, but that's not the case. The biker abruptly slowed down in front of the SUV to speed-check him and make more room to do stunts. The SUV driver ended up hitting him lightly on the rear and stopped. Then the bikers surrounded his vehicle; the SUV driver only drove over those bikers because they had surrounded his vehicle in a very threatening manner; he was in fear of his family's safety.

No, the bikers were in the wrong from the very beginning.

**Aguila Blanca** · January 25, 2014, 01:38 AM

Quote:

Originally Posted by Oath Keeper

The video showed that the suv diver was in the wrong.

How does the video show the SUV driver was in the wrong?

It has already been established that the biker he hit cut him off and gave him a brake job. That biker was in the wrong (along with the whole mob of them who tried to appropriate a public highway for their private enjoyment).

Onward Allusion · January 25, 2014, 01:48 AM

Quote:

Oath Keeper
The video showed that the suv diver was in the wrong. Then the motorcycle riders were wrong after that. For the riders that mob mentality took over. Everyone that I know that rides sides with the bikers (wether they have kids or not). Then it was something like 75/25 pro bikers. I could care Ltd about the case. NY is as corrupt as Detroit.

Um, how was the SUV driver in the wrong? The idiot motorcyclist Brake Checked the SUV and got bumped. Not rammed. Not ran over. Bumped. The SUV then got surrounded by the bikes. What would you do if you were in the SUV with your family?

BTW, I ride and I'll tell you that the bikers were idiots.

shortwave · January 25, 2014, 02:24 AM

Quote:

BTW, I ride and I'll tell you that the bikers were idiots.

+1...and I ride as well.

Theohazard · January 25, 2014, 03:33 AM

^^^ I rode a sport bike on the road for a few years. And I always HATED bikers like that; they give motorcyclists, especially sport bike riders, a bad name. Eventually I got frustrated with how dangerous the road is and how frustrating it is to ride a super-fast bike like that on public roads, and I took it to the racetrack and never rode on the road again.

ATN082268 · January 25, 2014, 06:07 AM

Quote:

Originally Posted by Tom Servo

Nobody's ever successfully brought such a suit. While there's a certain moral satisfaction in the idea, I doubt we'll ever see the courts support a standard of liability like that.

I doubt the courts will ever hold politicians to even a cursory amount of responsibility...

ClydeFrog · January 25, 2014, 02:20 PM

As noted, I think the NYPD & the city attys will offer to settle for a lower amount.
The new mayor & the new PC(police commissioner), William Bratton know this case had a lot of friction & bad PR.
Few people outside the US court system understand or know that most court actions do not go all the way to trial(s).
My city's PD has about 30-40 civil actions pending against it.

An article I saw stated the PD in Fort Lauderdale Florida had over 50 pending civil actions.

ClydeFrog

EODK9Trainer424 · January 28, 2014, 05:06 AM

Oath Keeper----"The video showed that the suv diver was in the wrong"

Ok, what video did you watch. It seems about one out of every one-hundred come up with this conclusion. How is beyond me. The SUV driver was not in the wrong.

January 20, 2014, 12:53 AM	#1
ClydeFrog Junior member Join Date: May 1, 2010 Posts: 5,797	Biker attack victim sues NYPD/City of New York.... The man pulled from his SUV & severely beaten has filed a civil action against the NYPD & the City of New York government among others related to the attack. This incident was discussed at length on TFL last fall(2013). I'm not sure what actions the city or NYPD will take but Id guess they'd settle it quickly. Knowing a few NYPD detectives & officers were on scene and other factors, I don't think the new mayor or city officials(PC Bratton etc) would want to drag it out. Clyde

January 21, 2014, 11:20 AM	#5
shortwave Senior Member Join Date: December 17, 2007 Location: SOUTHEAST, OHIO Posts: 5,970	Undercover cop lied about taking part in biker beatdown of ... http://www.nydailynews.com/new-york/...ied-role-biker... One thing to just outright take the media for its reporting on things. But quit a different story when the accused is caught on video of wrong doing. As well as confesses to his superiors of wrong doing days later after he had no choice but to do so when the vids. were reviewed by NY pd. and was ID'd by NYPD busting out a window on the SUV. And he had apparently lied to his superiors prior saying he had no involvement in the incident. IMO, nothing more then a thug with a badge. He should have the book thrown at him, be permanently stripped of his badge and be prosecuted to the fullest extent of the law. Back on point...with all this evidence, even though Mr. 'thug' cop was off duty at the time of the crime, I'm thinkin the victim has a very good shot at winning his case. Hope he wins(and wins big) every case he files against everyone involved at this point. Last edited by shortwave; January 24, 2014 at 01:49 AM.

January 25, 2014, 02:20 PM	#16
ClydeFrog Junior member Join Date: May 1, 2010 Posts: 5,797	Legal precedent.... As noted, I think the NYPD & the city attys will offer to settle for a lower amount. The new mayor & the new PC(police commissioner), William Bratton know this case had a lot of friction & bad PR. Few people outside the US court system understand or know that most court actions do not go all the way to trial(s). My city's PD has about 30-40 civil actions pending against it. An article I saw stated the PD in Fort Lauderdale Florida had over 50 pending civil actions. ClydeFrog

January 21, 2014, 07:00 AM	#3
press1280 Senior Member Join Date: May 17, 2012 Posts: 228	Unless he was beaten by a NYC cop, the motorist will lose. No duty to protect individual citizens, period.

January 21, 2014, 08:44 AM	#4
zincwarrior Senior Member Join Date: July 1, 2011 Location: Texas, land of Tex-Mex Posts: 2,261	Normally that is the case. However in this instance, police officers were actually participating. Thats an interesting wrinkle that will probably get a settlement.

January 23, 2014, 08:54 PM	#6
sfwusc Senior Member Join Date: July 14, 2013 Posts: 231	I think he should be afford huge sums of money for the very reason that he was attacked in a city that has so many gun control laws. They won't allow you to protect yourself, so they are responsible if you get attacked.

January 23, 2014, 09:49 PM	#7
Oath Keeper Junior Member Join Date: June 4, 2013 Posts: 4	The video showed that the suv diver was in the wrong. Then the motorcycle riders were wrong after that. For the riders that mob mentality took over. Everyone that I know that rides sides with the bikers (wether they have kids or not). Then it was something like 75/25 pro bikers. I could care Ltd about the case. NY is as corrupt as Detroit.

January 23, 2014, 10:10 PM	#8
sfwusc Senior Member Join Date: July 14, 2013 Posts: 231	well an attorney on some show stated the riders broke the law by trapping the SUV. Once they did that...they gave the SUV driver legal right to do what he did. So legally, it was 100% the riders fault and 0% the SUV driver in their opinion based on the laws. I am not an attorney!

January 25, 2014, 03:33 AM	#14
Theohazard Senior Member Join Date: April 19, 2012 Location: Western PA Posts: 3,829	^^^ I rode a sport bike on the road for a few years. And I always HATED bikers like that; they give motorcyclists, especially sport bike riders, a bad name. Eventually I got frustrated with how dangerous the road is and how frustrating it is to ride a super-fast bike like that on public roads, and I took it to the racetrack and never rode on the road again.

January 28, 2014, 05:06 AM	#17
EODK9Trainer424 Member Join Date: January 22, 2013 Location: Northern VA Posts: 19	Oath Keeper----"The video showed that the suv diver was in the wrong" Ok, what video did you watch. It seems about one out of every one-hundred come up with this conclusion. How is beyond me. The SUV driver was not in the wrong.