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KamaAina

(78,249 posts)
Sat Aug 6, 2016, 07:42 PM Aug 2016

South Florida therapist sues officer who shot him even though he was unarmed,

Last edited Sat Aug 6, 2016, 10:40 PM - Edit history (1)

says civil rights were violated

http://www.nydailynews.com/news/national/florida-therapist-sues-officer-shot-article-1.2738652

The unarmed black therapist who was lying on his back when he was shot by a Florida cop has filed a federal lawsuit.

Charles Kinsey's suit claims that North Miami SWAT Officer Jonathan Aledda violated his civil rights, used excessive force and carried out a false arrest, according to Miami New Times....

"It is important to note that, when Officer Aledda fired his weapon, neither Mr. Kinsey nor Mr. Rios had committed a crime, posed a threat toward any officer, civilian or each other," reads the suit filed Wednesday in the U.S. Southern District of Florida. "Nor did Mr. Kinsey or Mr. Rios attempt to evade arrest."...

"All officers, including Officer Aledda, were close enough in proximity to hear Mr. Kinsey's statements, and one officer even announced over the police radio, 'It's a toy truck. He's saying it's a toy truck.'"
38 replies = new reply since forum marked as read
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South Florida therapist sues officer who shot him even though he was unarmed, (Original Post) KamaAina Aug 2016 OP
GOOD! K&R for visibility. nt tblue37 Aug 2016 #1
Good, k&r. There was no need to shoot him and even the shooter didn't know why he did. uppityperson Aug 2016 #2
To his Internal review committee: azureblue Aug 2016 #11
good mercuryblues Aug 2016 #3
Sadly, not always effective. strategery blunder Aug 2016 #8
Good! I hope the therapist is hugely rewarded for his pain and future suffering. In_The_Wind Aug 2016 #4
Good bravenak Aug 2016 #5
"says civil rights were violated" is such an understatement loyalsister Aug 2016 #6
I think.......... MyOwnPeace Aug 2016 #18
I prefer the old chestnut "attempted murder". Or, since the cop is saying that christx30 Aug 2016 #23
In addition to being unarmed, no crime committed and both "suspects" non threatening under control Midnight Writer Aug 2016 #35
I just don't understand why the cop made the decision to shoot an innocent person. scscholar Aug 2016 #7
He should also sue independently Jonathan Aledda MagickMuffin Aug 2016 #9
The suit is against Jonathan Aledda, not against the police department csziggy Aug 2016 #17
link to full story please. nt TeamPooka Aug 2016 #10
D'oh! Fixed. KamaAina Aug 2016 #24
Excellent! dhol82 Aug 2016 #12
GOOD nt ailsagirl Aug 2016 #13
GOOD!!!!!! BlancheSplanchnik Aug 2016 #14
Good. brer cat Aug 2016 #15
It might be thrown out due yeoman6987 Aug 2016 #30
Would he have been shot if he was a white woman? Spitfire of ATJ Aug 2016 #16
Yep. Deprivation of rights under color of law friendly_iconoclast Aug 2016 #19
I would also add that local police union head John Rivera is a lying sack of shit: friendly_iconoclast Aug 2016 #20
So their excuse is that he was aiming for the other unarmed man? Chakab Aug 2016 #36
Should be a slam dunk case, but we'll have to see. OverBurn Aug 2016 #21
Good greytdemocrat Aug 2016 #22
Nor should he be permitted to own a firearm Warpy Aug 2016 #27
He shouldn't be allowed to own a cannon either--loose or locked up. (Heh heh.) nt tblue37 Aug 2016 #29
Never forget retrowire Aug 2016 #25
Good. I thought there would be a lawsuit Warpy Aug 2016 #26
A toy truck looks a lot like an assault weapon IronLionZion Aug 2016 #28
"SWAT Officer" keithbvadu2 Aug 2016 #31
K&R Photographer Aug 2016 #32
Good! That was the most ridiculous situation. That officer AgadorSparticus Aug 2016 #33
I bet they settle Liberal_in_LA Aug 2016 #34
Hope he gets millions malaise Aug 2016 #37
can't make this stuff up... Locrian Aug 2016 #38

azureblue

(2,146 posts)
11. To his Internal review committee:
Sat Aug 6, 2016, 08:23 PM
Aug 2016

Cop "Honest, I didn't know the gun was loaded and i have no idea how it got into my hand and went off!"
Committee: "Oh, OK then. You are exonerated. Go back to work."

mercuryblues

(14,532 posts)
3. good
Sat Aug 6, 2016, 07:47 PM
Aug 2016

when people have to start paying a higher tax rate because of police brutality, negligence, incompetence; then and only then will something be done.

I wish real journalists in every state would do an annual column on how much each police force has to pay out in settlements.

strategery blunder

(4,225 posts)
8. Sadly, not always effective.
Sat Aug 6, 2016, 08:01 PM
Aug 2016

To give you one example, the Phoenix, AZ area media has done many, many stories on how much Sheriff Joe's shenanigans cost Maricopa County taxpayers in lawsuit settlements.

The resident bigots don't care; they keep voting him in anyway.

loyalsister

(13,390 posts)
6. "says civil rights were violated" is such an understatement
Sat Aug 6, 2016, 07:53 PM
Aug 2016

Intentionally shooting an unarmed person strikes me as worthy of stronger language, like "lynching."

christx30

(6,241 posts)
23. I prefer the old chestnut "attempted murder". Or, since the cop is saying that
Sat Aug 6, 2016, 10:30 PM
Aug 2016

he was aiming at the other person and missed, "voluntary manslaughter" works too.
Make the cop not have to worry about homelessness for 10-15 years.

Midnight Writer

(21,768 posts)
35. In addition to being unarmed, no crime committed and both "suspects" non threatening under control
Sun Aug 7, 2016, 02:27 AM
Aug 2016

In addition, the cop shot the (black) guy who he perceived as the hostage under threat.

Thank God this was on video.

 

scscholar

(2,902 posts)
7. I just don't understand why the cop made the decision to shoot an innocent person.
Sat Aug 6, 2016, 07:58 PM
Aug 2016

Usually they wait for an excuse to murder.

MagickMuffin

(15,943 posts)
9. He should also sue independently Jonathan Aledda
Sat Aug 6, 2016, 08:12 PM
Aug 2016

Make him pay for his excessive force. Especially since trigger happy Jon didn't know why he fired his weapon!

csziggy

(34,136 posts)
17. The suit is against Jonathan Aledda, not against the police department
Sat Aug 6, 2016, 09:04 PM
Aug 2016
Police shooting victim files lawsuit against North Miami officer
August 4, 2016 2:20 PM
By Lance Dixon

Two weeks after a controversial shooting, Charles Kinsey has filed a federal lawsuit against North Miami police Officer Jonathan Aledda.

In the lawsuit, Kinsey argues that Aledda and other officers wrongfully arrested him and used excessive force — saying that Aledda did not help stop the bleeding after the shooting, even after officers recognized there was no weapon at the scene. They are demanding a jury trial, unstated monetary damages and any other fees due to the physical, emotional and mental pain the incident caused.

“By failing to render aid, Officer Aledda allowed Mr. Kinsey to unnecessarily bleed out on the ground for a significant period of time, which further exasperated Mr. Kinsey’s recovery time for his injuries,” reads the complaint, which was filed by Kinsey’s Coral Gables attorney, Hilton Napoleon.

Kinsey’s lawsuit walks through the sequence of events that ended with Kinsey, a behavioral technician at the nearby group home, shot in the leg, handcuffed and bleeding in the middle of the street. It alleges that when North Miami officers arrived at Northeast 127th Street and 14th Avenue, they immediately grabbed assault rifles from their cars and approached in a “military-style formation.”

More: http://www.miamiherald.com/news/local/community/miami-dade/north-miami/article93720952.html
 

yeoman6987

(14,449 posts)
30. It might be thrown out due
Sun Aug 7, 2016, 12:01 AM
Aug 2016

To the officer being in an official capacity representing the city. That's why most sue the city where the shooting took place. I've never heard of a personal cop being sued. This case will be interesting.

 

friendly_iconoclast

(15,333 posts)
20. I would also add that local police union head John Rivera is a lying sack of shit:
Sat Aug 6, 2016, 09:54 PM
Aug 2016
http://www.miamiherald.com/news/local/community/miami-dade/north-miami/article93720952.html

“All officers, including Officer Aledda, were close enough in proximity to hear Mr. Kinsey’s statements, and one officer even announced over the police radio, ‘It’s a toy truck, he’s saying it’s a toy truck,’” the complaint reads.

That has also been supported through a 911 call, from that June 18 afternoon, in which a woman describes Kinsey and Rios, indicates that Rios might be mentally ill and later states that the object she saw might not be a gun. Miami-Dade Police Benevolent Association president John Rivera stated at a press conference that Aledda was aiming at Rios, not Kinsey, because the 911 call indicated that he had a weapon.


greytdemocrat

(3,299 posts)
22. Good
Sat Aug 6, 2016, 10:11 PM
Aug 2016

Aledda needs to be removed from the force. This
person should never be in Law Enforcement again. Ever.

retrowire

(10,345 posts)
25. Never forget
Sat Aug 6, 2016, 10:45 PM
Aug 2016

"Why did you just shoot me?!"

"I don't know!"

That should have been an INSTANT termination. Christ.

Warpy

(111,277 posts)
26. Good. I thought there would be a lawsuit
Sat Aug 6, 2016, 10:50 PM
Aug 2016

and I'm delighted that there is.

Stupid cop should have holstered his weapon as soon as the therapist identified himself and his patient and his patient's "weapon" as a toy truck. The whole situation was beyond surreal.

Maybe these departments need to hire guys who score just a little higher on an IQ test. They certainly need to tell them when to put the damned guns away.

I hope Mr. Kinsey's recovery is complete and he manages to inflict enough pain via his lawsuit to force a few changes.

IronLionZion

(45,457 posts)
28. A toy truck looks a lot like an assault weapon
Sat Aug 6, 2016, 11:19 PM
Aug 2016

to an idiot.

Just like dark skinned people look like dangerous criminals to a racist.

keithbvadu2

(36,829 posts)
31. "SWAT Officer"
Sun Aug 7, 2016, 12:03 AM
Aug 2016

Did he deliberately shoot an unarmed man who obviously was posing no threat?

Or was he so incompetent as a "SWAT Officer" that he missed and shot the wrong man?

AgadorSparticus

(7,963 posts)
33. Good! That was the most ridiculous situation. That officer
Sun Aug 7, 2016, 01:23 AM
Aug 2016

Has NO BUSINESS carrying a weapon. He is incompetent and people like him should not be in law enforcement.

Locrian

(4,522 posts)
38. can't make this stuff up...
Sun Aug 7, 2016, 10:39 AM
Aug 2016
Following the mishap, a police union rep said Aledda was actually trying to shoot Rios. The cop himself released a statement saying he was forced into making a split-second decision.



"No, you see - I was trying to shoot the OTHER unarmed, non-threatening guy! I just got confused, because, you know the OTHER person on the ground with his hands up WAS black you know...."

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