04-11-2017, 12:50 AM
(04-10-2017, 06:55 PM)JustWinBaby Wrote: It wouldn't be the same case. The restitution is a civil suit, and refusing to leave and whatever other trumped up charges they could bring would be a criminal felony case. It's not like he robbed a store, but barring jury nullifcation he's likely guilty of violating several laws (I can't really find what those laws would be searching). They don't tolerate any kind of bullshit on flights.
The problem I see is that, while he likely deserves damages, if he seeks an excessive number then a big settlement might send the wrong message (except I'm sure a settlement would be sealed under gag order).
How did he get injured, anyway? Looked to me like he may have hit his head when he was being wrestled out of the chair, which would make his injury a result of his own unlawful resistance.
The video is going into evidence for criminal or civil and the jury will see it in both cases. Excessive use of force during an arrest that results in severe injury tends to get most charges dropped and a big payout for the victim , or criminal I guess based on your stand point. You say it's a result of his own unlawful resistance, his lawyer will argue he has mental issues (let's say anxiety disorder) and that based on his mental state at the time the force was excessive and they should have been better trained to deal with his mental disability. No matter what charge they would try bringing finding a jury, no matter the instructions, that will convict after that video gets submitted into evidence will be near impossible. There won't be a shortage of lawyers, really good lawyers at that, that won't want to get the network news face time that comes with defending him either.
