Baby that was flash-banged is responsible

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caojyn

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The act of sleeping in a room about to be breached by a SWAT team constituted “criminal” conduct on the part of the infant. At the very least, the infant was fully liable for the nearly fatal injuries inflicted on him when Habersham County Sheriff’s Deputy Charles Long blindly heaved a flash-bang grenade – a “destructive device,” as described by the ATF, that when detonated burns at 2,000-3,500 degrees Fahrenheit – into the crib.

Merely by being in that room, Bou-Bou had assumed the risk of coming under attack by a SWAT team. By impeding the trajectory of that grenade, rather than fleeing from his crib, Bou-Bou failed to “avoid the consequences” of that attack.

In any case, Bou-Bou, along with his parents and his siblings, are fully and exclusively to blame for the injuries that nearly killed the child and left the family with more than one million dollars in medical bills. The SWAT team that invaded the home in Cornelia, Georgia on the basis of a bogus anonymous tip that a $50 drug transaction had occurred there is legally blameless.

This is the defense presented by Haberham County Sheriff Joey Terrell and his comrades in their reply to a federal lawsuit filed last February on behalf of Bou-Bou Phonesavanh and his family.
Lol this is great
 

Coded-Dude

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if you have nothing to hide you have nothing to worry about. maybe we can start teaching the age old duck and cover move while the child is still in the womb.... the baby might have even been charged with a felony had he been wearing body armour. I'd say he got off lucky.


in all seriousness, that is a horrible story and reprehensible defense.
 

Dave70968

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In this case, I'd say the infant demonstrated more responsibility than the sheriff's thug squad.

After all, the baby didn't break into anybody's house and start throwing incendiary devices around.
 

inactive

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This has some comedy gold in it.

Responding to the allegations contained in paragraph 94 of plaintiffs'complaint, these defendants admit that they are trained generally not to deploy a diversionary device "blindly" into a room.

Did they peek their heads in the window to see where they were chucking it?

Plaintiffs' damages, if any, resulted solely from the voluntary and intentional conduct of plaintiffs
The minor child just intentionally bedded down in a play pen with a freaking flash bang?

plaintiffs' damages, if any, were directly and proximately caused by the contributory and comparative negligence of plaintiffs and their failure to exercise ordinary care.
My ordinary care for my 4- and 6-year olds certainly consists of sitting outside at all hours of the day watching for militarized police throwing grenades into their sleeping quarters.

plaintiffs'injuries and damages, if any, were caused by the deliberate, criminal conduct of plaintiffs, and such criminal conduct supersedes any and all negligence or liability,if any, on the part of these defendants
Yep. that 1%er Bou Bou engaged in criminal activity.

these defendants also assert the affirmatives defenses of assumption of the risk, failure to avoid consequences, laches, failure to mitigate damages, last clear chance and sudden emergency.
How do you mitigate the damages in this scenario? Put a flack jacket on your baby? Mitigation of damages implies that damages were sustained but negligently not mitigated or lessened by actions a reasonable person could have taken after the damages were sustained (i.e. like tarping yor roof after a storm). How do you fail to mitigate damages for a baby hit by a grenade?




This may be the worst response and denial of charges I have read in a while (and I read quite a few handling insurance claims that have gone to trial).
 

Dave70968

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I think somebody needs to start a de-election fund for the sheriff. Send out pictures of the burned baby to everybody in town about a week before the election, with the sheriff's own commentary.
 

Glocktogo

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I requested the source from which you derived the quoted information in your original post. The link you provided is completely devoid of the quoted "statement" by defendant's attorney. Therefore I challenge you to produce a source that directly quotes the defendant's attorney as saying these things. If you can't or will not do so, I'd request that you redact your original post and delete the inflammatory statement that as far as I can tell, is 100% false. :(

This has some comedy gold in it.

This may be the worst response and denial of charges I have read in a while (and I read quite a few handling insurance claims that have gone to trial).

I agree that it's comedy gold, because it isn't in the official court case response. As far as I can determine, it's a fantasy cooked up in someone's delusional mind. :rolleyes2
 
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