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NetQuarterLatte t1_jd6ax7f wrote

Reply to comment by 1600hazenstreet in As New York Pays Out Millions In Police Misconduct Settlements, Lawmakers Ask Why They Keep Happening by brooklynlad

The evidence from the lawsuit plus judgement can be used as a clear just cause for firing someone. No?

It can also show actual damages caused to the city by the employee misconduct.

A mere settlement doesn’t have the same pull.

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1600hazenstreet t1_jd6gi0i wrote

Are you even familiar with unions and civil service? This might happen in private sector, but definitely not how it works in public sector. It takes the city government months to years, just to fire someone in civil service.

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DamagedSquare t1_jd6xb9q wrote

A lawsuit is not the same as a criminal trial the amount of evidence needed to find someone guilty in a civil case is much lower than that of a criminal trial. Civil court you are found guilty based on a preponderance of evidence which means something is more likely than not. Criminal trials guilt is found without a reasonable doubt which means it is absolute. Think about the OJ Simpson trial he was found innocent in criminal court yet found to be liable for damages when he was taken to civil court. So a police officer can not be fired if found liable in a civil case because the evidence is not found without a reasonable doubt.

While I'm sure we'd all love to see a bad cop fired it sets bad legal precedent to do it since that judgement can now be ruled in other cases not even involving police misconduct.

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NetQuarterLatte t1_jd7ru5c wrote

Sure, but a settlement is even weaker than a preponderance of evidence, right?

The result of a civil lawsuit should be the stepping stones to a criminal case against the officer.

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Sickpup831 t1_jd7tft1 wrote

The problem is that people sue the cops even when the cops did everything they were trained to do. And sometimes they win. So you can’t fire your employee for following orders.

For example, the lady that refused to wear a mask in the subway system, was asked to leave, refused, put her hands on cops and they arrested her in front of her child. She’s suing for TEN MILLION DOLLARS. And obviously there’s a lawyer out there that think she has a case and trying to get a million dollar payday for himself vs a city employed lawyer maybe making 100k win or lose.

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