This May Be The LARGEST Lawsuit EVER FILED Against Cops

This May Be The LARGEST Lawsuit EVER FILED Against Cops

#LARGEST #Lawsuit #FILED #Cops

Foreign Welcome to audit the audits where we sort out the who and what and the right and wrong of police interactions this episode covers railroad tracks due process and unreasonable seizures and is brought To Us by nine news’s Channel be sure to check out the description below and give them the credit that they

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Yareni Rios Gonzalez was pulled over just north of Platteville Colorado by an unidentified officer from the Platteville Police Department who was quickly joined by two unidentified officers from the Fort Lupton Police Department the officers were responding to a call regarding a potential road rage incident involving a firearm Ms

Rios Gonzalez stopped her vehicle just past a set of railroad tracks and the Platteville officer parked his vehicle behind her on the tracks all three officers exited their vehicles and began to shout orders at misrios Gonzalez um we’re giving commands her hands are out the window at this time

She’s out of the vehicle handsome Brazilian yeah best guess okay turn around turn around turn around foreign keep coming back keep coming back you’re coming back keep coming back stop right there get down on one knee and then the other I got cops good keep your hands above your head don’t move

What’s going on we’ll explain everything in a second no one else is in the truck sir can I please get my cell phone we’ll get it for you where are you drinking we’re taking you to the car why what do you have anything on you

That’s gonna poke me stick me hurt me no ma’am but can I please kill myself go get your cell phone in a second is there any weapons in the car you ready no ma’am there’s nothing on it there’s no weapons in the car I will get your cell phone for you take

A seat the female officer handcuffs mizurios Gonzalez and places her in the back seat of the police cruiser that is parked on the train tracks under section 42-4-1204 of the Colorado ribeye statutes quote no person shall stop stand or Park a vehicle except when necessary to avoid conflict with other

Traffic or in compliance with the directions of a police officer or an official traffic control device on any railroad tracks any person who violates any provision of this section commits a Class B traffic infraction despite this section 42-4-108 of the Colorado revised statutes provides that quote the driver

Of an authorized emergency vehicle when responding to an emergency call or when in pursuit of an actual or suspected violator of the law May park or stand irrespective of the provisions of this title however the statute also includes a caveat that quote the provisions of this section shall not not relieve the

Driver of an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons nor shall such Provisions protect the driver from the consequences of such drivers Reckless disregard for the safety of others it seems obvious that parking a vehicle on train tracks let alone

Leaving a handcuffed individual in the back seat of an unattended Cruiser parked on railroad tracks demonstrates a clear Reckless disregard for the safety of others not only from Israel’s Gonzalez herself but also for any Personnel or passengers of an approaching train and it is therefore likely that a court would conclude that

Parking on train tracks in this situation was a violation of the Colorado traffic code I see a car seat clear okay let’s get the bed come across clear dispatch flipping 348 because three here’s the channel it took her a long time to pull over I got a holster right here in the

Passenger seat it took her a very long time to pull over I’m going do you see your toss anything I I I she could have because it took her a long time to pull over as Miss Rios Gonzalez remains handcuffed and locked in the back of the unattended Cruiser

The officers search her vehicle for a firearm without taking any actions to ensure her safety despite her vulnerable position on the train tracks in general as the 10th Circuit Court of Appeals which has jurisdiction over Colorado explained in the 2003 case of Raska ex-relaska versus Peterson quote states

Must ensure reasonable care and safety to persons within their custody under the due process clause of the 14th Amendment government officials cannot quote deprive any person of life liberty or property without due process of law and as the Supreme Court noted in the 1977 case of Ingram versus right quote

The Liberty preserved from deprivation without due process included the right to be free from and to obtain judicial relief for unjustified intrusions on personal security nevertheless the Supreme Court concluded in the 1989 case of deschaney vs Winnebago County Department of Social Services that as a general matter the due process clause

Does not create a state duty to protect an individual against injury caused by a third party however the court also noted that quote when the state takes a person into its custody and holds him there against his will the Constitution imposes upon it a corresponding duty to assume some responsibility for his

Safety and general well-being the court further explained that quote the affirmative duty to protect arises from the limitation which it is imposed on his freedom to act on his own behalf it is the state’s affirmative Act of restraining the individual’s freedom to act on his own behalf through incarceration institutionalization or

Other similar Restraint of personal Liberty which is the deprivation of Liberty triggering the protections of the due process clause still as the Supreme Court held in the 1986 case of Daniels versus Williams quote the due process clause is simply not implicated by a negligent Act of an official

Causing unintended loss of or injury to life liberty or property and the mere lack of due you care by a state official cannot deprive an individual of life liberty or property under the 14th Amendment rather as the 10th Circuit Court of Appeals detailed in the 1990

Case of Barry versus City of Muskogee a government actor must act with so-called deliberate indifference towards a confined individual safety in order for the due process clause to be implicated in the berry case the 10th circuit explained that quote deliberate indifference does not require a finding of Express intent to harm but must

Involve more than ordinary lack of due care for the prisoners interests or safety and that while requiring a higher degree of fault than negligence or even gross negligence the deliberate indifferent standard quote remains lower than the intentional and malicious infliction of injury the court therefore concluded that quote unofficial acts

With deliberate indifference if its conduct disregards a known or obvious risk that is very likely to result in the violation of a prisoner’s constitutional rights in this situation there is a strong argument that leaving this Rios Gonzalez in the back of a police cruiser parked on train tracks would satisfy the deliberate indifferent

Standard because the officers demonstrated a total disregard for the obvious danger posed by parking on railroad tracks however as we will discuss momentarily it is also possible that a court could conclude that a different legal standard should be applied to this situation enough yeah so she could have tossed

Something but tossed it out the window she could up out that window but foreign [Applause] while the officers continue to search the vehicle A train approaches and hits the unattended Cruiser which is still parked on the tracks with Ms Rios Gonzalez inside as we discussed earlier in this episode the due process clause

Of the Constitution prohibits officers from taking actions that demonstrate deliberate indifference towards the well-being of individuals they have taken into custody however in the 2014 case of Walton versus Gomez the 10th circuit specified that while quote the 14th Amendment governs any claim of excessive force brought by a pre-trial

Detainee who has had a Judicial determination of probable cause as a prerequisite to the extended Restraint of his Liberty following arrest the Fourth Amendment not the 14th governs excessive force claims arising from quote treatment of an arrestee detained without a warrant and prior to any probable cause hearing according to the

10th circuit in the 2019 case of macauan vs Morales quote a fourth amendment excessive force claim is governed by a purely objective standard a police officer violates an arrestee’s Fourth Amendment right to be free from excessive force during an arrest if the officer’s actions were not objectively

Reasonable in light of the facts and circumstances confronting him this reasonableness standard is generally much easier to meet than the deliberate indifference standard applied and due process cases but it is uncertain which standard a court reviewing this situation would apply although the 10th circuit seem to make it clear in the

Walton case that the Fourth Amendment would apply to an arrestee who had not yet received a probable cause hearing in the 1997 case of berry versus Grand County Utah the 10th circuit applied be deliberate indifference standard to a case involving the suicide of an individual who had been arrested without

A warrant and was being held in jail before a probable cause determination the court reasoned that the reasonableness standard would only apply to claims of excessive force and that because jail suicide claims are quote considered and treated as claims based on the failure of jail officials to

Provide medical care for those in their custody the deliberate indifferent standard should apply still it should be noted that in a concurring opinion to the decision Circuit Judge Briscoe argued that quote where the fourth amendment applies it does not prohibit only use of excessive force but rather prohibits any unreasonable seizure in

Looking to the nature of the injury to determine the standard to be applied the majority ignores the principle that the standard comes not from the classification of the injury the plaintiff suffered but from the Constitutional provision which was violated to cause the injury because the situation in this episode is largely

Unprecedented it is certainly possible that a court could adopt judge briscoe’s reasoning and conclude that the circumstances surrounding misrios Gonzalez’s arrests were unreasonable in violation of the Fourth Amendment it is also possible that a court would determine that the 14th Amendment deliberate indifferent should apply as

Ms Rios Gonzalez was not subject to any Force directly from the officers either way misurious Gonzalez has a persuasive argument that the officers violated her constitutional rights in some capacity by subjecting her to unnecessary and life-threat danger by putting her directly into Harm’s Way there may still

Be a firearming vehicle I don’t know if you guys have been through it yet we weren’t sure if she threw it or if it’s still hidden in the vehicle somewhere it took her a long time to pull over right now I just need to find out who she is

You hear that no I didn’t hear that there’s a round over there in the door we had a date of birth on there that’s what I was looking for I know you know what you’re doing I was just thinking out loud I’ll let you look at that I’ll keep looking for the other

Stuff right he could be in the content there’s your gun after the accident Ms Rios Gonzalez was transported to a Greely hospital for treatment where it was determined that she had suffered nine broken ribs a broken arm that required surgery a broken leg a fractured sternum and back and head

Injuries she spent more than a week in the hospital before being released and still has a long recovery period ahead of her according to her attorney Paul Wilkinson miserias Gonzalez remembered many details from the crash and told him that quote she was trying to get the police officer’s attention screaming at

Them she tried unlocking the door she had her hands behind her back and was frantically trying to unlock the door Mr Wilkinson also stated that mizorius Gonzalez intends to file a lawsuit against the police departments involved multiple agencies are investigating the various aspects of the incident with the Fort Lupton Police Department handling

The initial criminal investigation the Colorado State Patrol investigating the serious injury traffic accident between the train and the cruise user and the Colorado Bureau of Investigation reviewing the serious bodily injury that misrios Gonzalez suffered while in police custody Platteville police chief Carl Dwyer has confirmed that the Platteville police officer involved is

On paid administrative leave while an investigation occurs but did not divulge the officer’s name the Fort Lupton police department has declined to comment on the situation overall the Platteville and Fort Lupton officers get an F for demonstrating a blatant disregard from mysterious Gonzalez’s personal safety needlessly forcing her

Into a highly dangerous situation with no way to protect herself and focusing more on discovering a firearm in miserios Gonzalez’s vehicle than ensuring that she did not lose her life while they did so at the very best these officers exhibited a complete lack of Common Sense and a truly astonishing

Level of incompetence by not only parking on railroad tracks but then placing a handcuffed suspect in the vehicle and leaving her there unattended it is honestly remarkable that miserios Gonzalez survived this encounter and I would urge the police agencies involved to hold these officers accountable for their Reckless and unacceptable actions

As for mysterious Gonzalez I cannot rightfully assign a grade to someone who is entirely the victim of police and aptitude there was nothing miserias Gonzalez could have done to prevent the harm that was inflicted on her that being said I commend Ms Rios Gonzalez for her perseverance and for pursuing

Legal action against the officers and departments responsible for her traumatic injuries I wish her a rapid recovery from her injuries and it’ll be interesting to see how this case plays out in the courtroom let us know if there is an interaction or legal topic you would like us to discuss in the

Comments below thank you for watching and don’t forget to check out my second channel for even more police interaction content Foreign

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