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<blockquote data-quote="sanjuro893" data-source="post: 1806953" data-attributes="member: 4491"><p>This article has the lawyer explaining withdrawing the case because of the lack of surveillance video. </p><p></p><p><a href="http://www.lvrj.com/news/costco-shooting-victim-s-family-drops-lawsuit-against-police-142560795.html" target="_blank">http://www.lvrj.com/news/costco-shooting-victim-s-family-drops-lawsuit-against-police-142560795.html</a></p><p></p><p>"Scott family attorney Ross Goodman said the decision came down to what was one of the most controversial aspects of the case: the lack of surveillance video of the incident.</p><p></p><p>Goodman said that without the video, he didn't feel he could overcome a qualified immunity defense for police officers, which the 9th U.S. Circuit Court of Appeals recently has bolstered. The appeals court recently ruled that even when excessive force is used by police, officers are entitled to an affirmative defense of "qualified immunity," Goodman said.</p><p></p><p>Under federal law, qualified immunity is a defense given to government agents protecting them against civil lawsuits if they act within the established law. Regarding a law enforcement agent's use of excessive force, a plaintiff must show the officer acted wrongfully to overcome the qualified immunity defense.</p><p></p><p>Goodman and the Scott family had hoped that security footage of the incident would prove the officers acted wrongfully. But the footage does not exist."</p><p></p><p>Another article I read said that the video had been sent to California because it was too "grainy" to use in court and some company would "clean it up". Another article said a technician trying to retrieve the video files rebooted the system and wiped it in error. Maybe it was like Bricktown the other night and the damn thing just wasn't on......</p></blockquote><p></p>
[QUOTE="sanjuro893, post: 1806953, member: 4491"] This article has the lawyer explaining withdrawing the case because of the lack of surveillance video. [url]http://www.lvrj.com/news/costco-shooting-victim-s-family-drops-lawsuit-against-police-142560795.html[/url] "Scott family attorney Ross Goodman said the decision came down to what was one of the most controversial aspects of the case: the lack of surveillance video of the incident. Goodman said that without the video, he didn't feel he could overcome a qualified immunity defense for police officers, which the 9th U.S. Circuit Court of Appeals recently has bolstered. The appeals court recently ruled that even when excessive force is used by police, officers are entitled to an affirmative defense of "qualified immunity," Goodman said. Under federal law, qualified immunity is a defense given to government agents protecting them against civil lawsuits if they act within the established law. Regarding a law enforcement agent's use of excessive force, a plaintiff must show the officer acted wrongfully to overcome the qualified immunity defense. Goodman and the Scott family had hoped that security footage of the incident would prove the officers acted wrongfully. But the footage does not exist." Another article I read said that the video had been sent to California because it was too "grainy" to use in court and some company would "clean it up". Another article said a technician trying to retrieve the video files rebooted the system and wiped it in error. Maybe it was like Bricktown the other night and the damn thing just wasn't on...... [/QUOTE]
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