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nebraska_deputy
01-26-2010, 06:13 AM
http://omaha.com/article/20100125/NEWS97/701259869

Published Monday January 25, 2010

Lawsuit against deputy rejected
The Associated Press
« Crime/CourtsRSS SHARE
A federal appeals court has thrown out a lawsuit against an eastern Nebraska sheriff's deputy, saying video evidence discredits a woman's account of being mistreated.

On Monday, the 8th U.S. Circuit Court of Appeals overturned a U.S. district judge's denial and granted Colfax County deputy Jeff Olson immunity.

Susan Wallingford had sued Olson, saying he had slammed her face down on the top of a squad car, then threw her to the ground, breaking one of her feet. Wallingford said Olson used excessive force after she refused to sign a traffic citation.

But the appeals court said squad car video showed Olson used minimal force in trying to handcuff Wallingford and that she broke her foot after slapping the deputy, losing her balance and falling to the ground.

refboy4
01-26-2010, 11:46 AM
Wallingford said Olson used excessive force after she refused to sign a traffic citation.

Musta been a well deserved citation...



... and that she broke her foot after slapping the deputy, losing her balance and falling to the ground.

good thing she's stupid, or she might have gotten away with it. you know how our courts rulings go now days. "we must not offend da people. we can't take away someone's right to think they are gods gift to the world"

video cameras. save or butt or throw it under the bus. this case the former. awesome.

Job well done Officer Olsen.

BCSD Frank
01-26-2010, 11:50 AM
Why do people have to sign their citations? Hell with it. Give 'em the pink copy. "The instructions are on the back. Your court date is on the front. Drive safely."

Back 10-8.

LA DEP
01-26-2010, 02:08 PM
Why do people have to sign their citations? Hell with it. Give 'em the pink copy. "The instructions are on the back. Your court date is on the front. Drive safely."

Back 10-8.

Some states require a signature.....

You refuse to sign a cite in CA, and it is a mandatory arrest, then a drive to the first available judge....which might be several days in the future, if you happen to do this on a Friday afternoon......

BCSD Frank
01-26-2010, 02:10 PM
I've wondered about making people sign their citations, and there are plenty of other officers that agree with me. I think it's a bad practice, and wish it could be changed.

pulicords
01-26-2010, 06:00 PM
I've wondered about making people sign their citations, and there are plenty of other officers that agree with me. I think it's a bad practice, and wish it could be changed.

In CA, the signature constitutes a "promise to appear" in court. If the violator fails to appear, his/her failure becomes a misdemeanor offense (punishable by imprisonment), completely separate from the infraction (minor driving offense) that the citation was issued for. Infraction type offenses don't allow for jury trials, can't result in jail time and are much simpler to try in court than misdemeanors. It's in the "people's" (state's) best interest to expedite traffic trials. If the vast majority of citations issued are for infractions only, then less resources are required to deal with them.

If subjects don't want to promise to appear, they can demand to be brought before a magistrate (judge) immediately. This would result in an arrest, booking and transportation to court ASAP, but (as LA Dep indicated) could mean an overnight or longer wait if court isn't in session. The subject can also post bail for the infraction (after booking) and be released w/o being subject to a misdemeanor charge if he/she failed to appear. The bail would be forfeited though.

BCSD Frank
01-26-2010, 06:03 PM
Yes, I understand. Here in TN, too. I still think it could be changed, though. "Here's your court date. If you fail to show up, a warrant will be issued for your arrest."

JSD73
01-26-2010, 06:16 PM
Yes, I understand. Here in TN, too. I still think it could be changed, though. "Here's your court date. If you fail to show up, a warrant will be issued for your arrest."

Ok then where's the proof the violator actually knows about the cite? The signature says, yeah, I understand it's not a plea of guilt but a promise to appear. What's to keep an officer with a grudge against someone from issuing a citation and just turning it in...no signature needed...next thing you know the person has a warrant and was never even made contact with. Think it wouldn't happen? Sadly, it would.

In some instance, simply writing refused to sign with another officer as a witness may be sufficient but it's not practical IMO. I have no problem taking someone to jail for not signing their citation, we're not gonna hold court on the side of the road while you exercise your 'rights.'

Iowa #1603
01-26-2010, 06:17 PM
Yes, I understand. Here in TN, too. I still think it could be changed, though. "Here's your court date. If you fail to show up, a warrant will be issued for your arrest."

The problem being--------without a signed promise to appear, you would not have an offense of failure to appear and thus a warrant could not be issued. Just handing the violator their copy and saying "see ya", does not justify a warrant if they don't show up in court. Them signing the promise to appear , and then not showing up, does.

It would take a change in the law, and it would be doubtful that a legislature would make such a change seeings how there are so few people that think there is a problem.

BCSD Frank
01-26-2010, 06:18 PM
Ah... Yeah, that makes sense. Thank you.

CO1259
01-26-2010, 06:52 PM
NYS doesn't require the offender to sign. I just hand them their copy of the cite and go on my way. Don't appear, and your license gets suspended.

School Cop
01-27-2010, 12:22 PM
Some states require a signature.....

You refuse to sign a cite in CA, and it is a mandatory arrest, then a drive to the first available judge....which might be several days in the future, if you happen to do this on a Friday afternoon......
\
Man, I wish it was mandatory here. I would have to get sgt's approval to take someone on a refusal to sign.:( And that's not likely unless it's really slow.

DeputyDuc
01-27-2010, 12:31 PM
Glad the vid exhonerated the dep.

NY doesn't require winner's signature on cites.

JLee
01-27-2010, 12:37 PM
NYS doesn't require the offender to sign. I just hand them their copy of the cite and go on my way. Don't appear, and your license gets suspended.

Yep, same here.

Tat2d Cop
01-27-2010, 12:37 PM
We dont require signatures in Kentucky either.

nebraska_deputy
01-28-2010, 03:32 AM
Some states require a signature.....

You refuse to sign a cite in CA, and it is a mandatory arrest, then a drive to the first available judge....which might be several days in the future, if you happen to do this on a Friday afternoon......


Same here. There have been instances here in Nebraska where people have refused to roll down their window and refuse to sign a citation. So the officer has had to politely help them roll down their window and help them out of their vehicles. I have yet to see this happen, but I'm told every now and then it does.

29-426. Citation; failure to appear; penalty.

Any person failing to appear or otherwise comply with the command of a citation shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than three months, or by both such fine and imprisonment.