I think it was his own fault for having it improperly stored, and that he doesn't have a case.

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I'm the only geek I know who has to flush twice. Or who clicks on links in people's sigs.

Dude. It wasn't HIS gun. The guy taking the shit SHOT another man. The guy who was SHOT is suing for damages.

So this supposed professional cop has never heard of a safety. All guns come with the damn things! Why wasn't his on? I'd sue his ass too, if I was shot, and one way or the other I will get compensation. Idiot!

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So I told Katrina that I love Cajun and so she said, "I'll have to give that a try."
That was a disaster in the making.
After all was said and done, I said, "I meant Cajun FOOD not Cajuns themselves!"
Unfortunately, by that point she'd already told Rita.

The article mentions a .40 calibre "hand gun". It doesn't mention what KIND of hand gun. I don't know anything about them, but could the guy have been carrying a revolver? There's no saftey on a revolver; I know THAT. This IS Texas we're talking about.

Where's Sam? He'd be able to tell us if people walk around with their guns hot.

I think it's nice of the auction house to offer the poor man something, but their facilities were just in the wrong place at the wrong time. The incident was clearly negligence on the officer's part - so the officer should have to pay up.

I think the cop should be taken off the beat and put to a desk job and have his gun removed while he attends weapons safety classes. He should stay at the classes until he graduates. Then he can get his gun back.

And, I'm not surprised that the police did nothing. It's very hard to get police to apologize when they have done something wrong. When I was pregnant with Thing One, a friend of mine in PA had to attend to her 5 foot 1 mother for a "corkscrew break" in her arm (one that's caused by the arm being twisted so harshly that it breaks in many places). She had it broken by a Sharon policeman who felt the need to hold her down in an arguement between her son and the cops. The cop was over six feet tall and weighed 220 pounds.

It seems a bit harsh, doesn't it? Yet, the police offered no wrongdoing.
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.....hugging bunnies since 1969
www.daphneszoo.com

Man, I thought the shitter was a peaceful place, a safe haven. Maybe cops should have malpractice insurance too, because if that had been a private citizen accidentally discharging a gun in a public place, this guy would have had his day in court by now.

If all officers of the law didn't know how to properly store their guns, we would all be shitting our pants in fear right now. Clancy should own up to his crime. This guy sounds like his namesake on The Simpsons, Chief of Police Clancy Wiggum. Only a complete dumbass would forget to holster a loaded weapon.

Professor Dumpster clears throat, and waits for class to come to order:

Ahem. This is a very convoluted legal question, and the answer varies much from state to state. Generally, however, a police officer has "official immunity" for his negligent acts. This is justfied by a variety of policy considerations, including how personal liability deters people from entering police work; the kind of split-second decisions officers must often make; the need to give them latitude to do their jobs; etc.

The two exceptions to "official immunity" are: (1) When the officer acts with "actual malice" (we're clearly not concerned with that here); and (2) when the officer violates a "ministerial duty"; that is, one which is so clear, definite, and certain that there can be no room for the exercise of discretion.

I think Officer Clancy would likely be in breach of his "ministerial duty" to keep his weapon (his pistol, that is) properly holstered. Clearly, no responsible cop would simply stick his piece into his waistband, no matter how urgent the Call of Nature might be.

Now, whether the City is also on the hook is another matter, beyond the scope of this lecture. Probably, they have insurance which requires them to indemnify (i.e., pay) officers for negligence claims.

But this is enough "Law and Ordure" for one day, don't you think?

Class dismissed.

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Send all your money to Bilgepump, or to Dave!

misunderstood, probably from reading too fast, and because my roomate's music at 10,000dB is doing more than just noticeably affecting my hearing. Anyway, I'd be suing the guy who shot me due to his improper storage of the gun, as it was his fault, rather than anyone he is affiliated with.

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I'm the only geek I know who has to flush twice. Or who clicks on links in people's sigs.

Yeah, but DF, the goal is to hold someone with some MONEY liable; otherwise you're just wasting your time!

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Send all your money to Bilgepump, or to Dave!

That, or the guilty party has to come up with the money or else.

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I'm the only geek I know who has to flush twice. Or who clicks on links in people's sigs.

And the "or else" is...?

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Send all your money to Bilgepump, or to Dave!

Well, as far as my knowledge goes, I believe someone gets a period to raise the money (48 hours, 30 days, something like that) or they face a jail sentence or some repos. But don't quote me on that; the media may have skewed my (not-so-)innocent mind there.

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I'm the only geek I know who has to flush twice. Or who clicks on links in people's sigs.

'Fraid not, DF--If you could take a judgment in a civil case to the liquor store and get a six pack and some change, litigation would be a lot simpler!

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Send all your money to Bilgepump, or to Dave!

Yup, I figured it was that darned media again. I gotta stop watching television. I don't understand your liquor store analogy, but I do get your main point there.

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Um, yeah. My sig. So, about that... I'm not doing one this week.

I imagine this case will not be settled out of court, I wonder if the plaintiff will be served buy a jury of his pee'ers. If I was the plaintiffs lawyer I'd demand a reenactment and have the jurors serve double doodie. I know it's a lame post but shit, I've been away for a while.

--WAY off topic!--
Well Bunga, I don't believe we've met yet, so... HI! :-D I don't believe I was registered last time you came about (unless it was at the beginning of my time), and now I'm on the lil sidebar featuring higest users. Just to tell you how long you've been gone. I've been a guest for a long time and I miss you.

And check out Bunga On The Pot, which features none other than yourself.

I think it's only fair that this guy be given a full trial, complete with judge and jury.

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Um, yeah. My sig. So, about that... I'm not doing one this week.

GOOD GOD, everybody--Bunga is back!!

I am speechless! Where in the *(&% have you been??

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Send all your money to Bilgepump, or to Dave!

According to the forums, he's been rather busy. Simply go have a look for yourself. Sorry, but I'm too lazy to hunt down and link the thread in the forums; I'm half asleep right now.

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Um, yeah. My sig. So, about that... I'm not doing one this week.

BUNGA! We missed you! Report immediately to the forums and tell us how you've been!

You know, on a maternal note about this cop, if Thing One or Thing Two was a police officer and did this, I'd not let them into the house until they issued a public apology.

Where's all the moms in this situation? No man is too old to have his mom tug on his ear and make him do the right thing.

Not that I tug ears.

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.....hugging bunnies since 1969
www.daphneszoo.com

You tug heartstrings, Daph....

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Send all your money to Bilgepump, or to Dave!

Bunga's back. Woo woo woo!!!!

Enjoyed the legal lecture, Dumpster. I think my "or else" would be to curse said to cop three weeks of chronic diarrhea. It pays to be a witch.

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"Just kidding!"- Alberto

"Hermione, you are truly the brightest witch of your age."--Professor Lupin.

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Send all your money to Bilgepump, or to Dave!

Damn it, DF took my spot on the sidebar!

I think he needs to sue the police force. Sure, you usually lose in suing the Gov'nt, but how this could be overlooked I don't know.

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"KOC -- the Cool Crapper" - Rat Droppings

--2 kinda off topic things--
Heh heh... 2 more points will get you back up to the sidebar, KOC. I have faith. But then Poop Shooter goes.

So who's a witch here? I can sort of say I am too, though I'm more into the "one with nature" and "harm none" part of Wicca than The Craft. I can still give it a whirl, though I'd look odd casting a circle on campus...

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So... uhh... erm.... POOP!!!

Interesting how it works over in the US Dumpster. You seem to have such a muddle of county, state and federal laws - and even the enacting out of them is convoluted, intertwining and bizarre in who has authority over who, and who is liable for what.

If an employee (licensed to carry a firearm) shot me in a public, or private (ie a company owned) shitter, then I would sue his employers for as they carry the insurance for all their employees - and as such are vicariously liable. This is the straightforward and generally successful way to do it in Britain. Same with employees who run people over with company cars, or crash into other cars.

Thunderbox, in the course of my day job I have actually published several books on the subjects you write about above.

I wish I could cite them to you, but I'm afraid my publisher (not to mention my Dean) would take a dim view of my hanging out here.

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Send all your money to Bilgepump, or to Dave!

GottaGoGirl.......I just read your post on 06.12.2006
"man shot in bathroom still waiting for compensation" in which you stated that revolvers did not have safeties. I should like to point out that I own a Smith & Wesson 357 magnum revolver and it has a safety. As far as I know all double action revolvers are required to have a safety.

I had a Ruger Blackhawk 44 magnum, single action revolver several years ago and I don't think it had a safety. The difference is that you can't fire a single action without cocking it.

The most popular 40 cal. pistol used in law enforcement is the Glock semi-automatic.

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Eat chilies and feel the burn!!

Chief, pay no attention to most of the posts in this thread, they were done by idiots.
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The proper order is kiss me, then go smell the other dog or cat's butt. I cannot stress this enough.

Poor Double Flush.

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.....hugging bunnies since 1969
www.daphneszoo.com