Colorado homeowner owed nothing after police SWAT shootout destroys his house, federal court rules

Discussion in 'The Furball Forum' started by pipedreams, Oct 31, 2019.

  1. pipedreams

    pipedreams "Knowledge Speaks - Wisdom Listens,"

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    Something just doesn't seem right about this.

    "A federal appeals court in Colorado ruled Tuesday that a local police department does not have to compensate a homeowner whose house was destroyed by 19 hours of gunfire between officers and an armed shoplifting suspect who had chosen to barricade himself inside to evade arrest.

    Judges on the U.S. District Court of Appeals for the 10th Circuit upheld a lower court’s decision, ruling that the city of Greenwood Village, near Denver, did not owe homeowner Leo Lech any additional compensation, even though the suspect was a stranger to the homeowner, the Denver Post reported."

    [​IMG]

    https://www.foxnews.com/us/colorado...meowner-nothing-after-swat-destroys-his-house
     
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  2. NMG26

    NMG26

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    They got the shop lifter
     

  3. DonD

    DonD

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    Unless I'm missing something, this sounds disgraceful. Hope he has insurance that will cover him. Don
     
  4. Need4Speed

    Need4Speed

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    I'd be crapping on city hall's steps every day until they make things right.
     
  5. FullClip

    FullClip Native Mainiac CLM

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  6. Ramjet38

    Ramjet38 Mentally Frozen

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    Supreme Court.
     
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  7. DaleGribble

    DaleGribble Sandwich!

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    I'm in agreement with the verdict. The city didn't initiate the conflict and they didn't make the criminal go into the victim's house.

    The criminal involved should be the one held responsible unless there is some evidence that P.D. did something unreasonable by professional standards.
     
  8. scattershot

    scattershot

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    This was on the news here last night. He did have insurance, but it paid $240,000 on a $500,000 house.

    I’m curious how the SWAT team did so much damage. The place looks like the Branch Davidian compound after the raid.
     
  9. DAKA

    DAKA

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    That does not seem "right".... did they have to do that much damage?
     
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  10. MAG40 Student

    MAG40 Student Silver Member

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    As in so many things, we might not necessarily like the outcome in a specific case, but the principle is certainly correct.

    As Dale notes above, it is the BG who is at fault and who is liable. While more likely than not, the BG has no assets against which the homeowner can recover, that's beside the point. As a society, we don't want LEOs enforcing the law based upon how much remains in their annual budget should they have to repair something that gets broken in the process.

    It is the BG's conduct that is dictating the level of force the PD must use. That's different, of course, than a patrol car speeding to the scene of a crime that, while en route, slams into a carload of innocents. Liability for that is rightly on the municipality/police department. In the first instance the BG's behavior dictated the terms of engagement. In the second instance, the PD had complete control over how that squad car was driven.

    As for the homeowner, he had insurance as all should. If he didn't, or if he didn't have adequate insurance, that's on the owner not the PD.

    I'm sorry for the situation the homeowner finds himself in, but the court's decision is the correct one. It's unlikely the State Supreme Court, much less SCOTUS, will ever hear the case.
     
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  11. rock_castle

    rock_castle Life, Liberty, and the Pursuit of Happiness

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    They punched holes in the exterior walls with an armored vehicle.

    Think I'd get better lawyers.
     
  12. Mayhem like Me

    Mayhem like Me Semper Paratus

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    This is why you have insurance. In case some here did not know
     
  13. Blackshirt

    Blackshirt

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    Case law says the shoplifter is responsible for all damages, as he initiated the action. Lots of luck getting a settlement from him (unless he's one of those celebrity shoplifters). The homeowner is in for a frustrating and prolonged fight for a proper settlement.
     
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  14. Jed Cooper

    Jed Cooper

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    Sloppy swat team again?
     
  15. pittpa

    pittpa What did I come in here for?

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    [​IMG]
     
  16. callihan_44

    callihan_44 INFIDEL

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    good luck trying to collect the rest from the perp, home owner is screwed
     
  17. bandsaw

    bandsaw

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    WAIT!! They sent out the SWAT Team for a Shoplifter and shot the Shi#$ out of a house going after him?
    Must be a boring town for the PD.
    Something doesn't sound right and I would not pay any more property taxes until my home was restored to it's original condition prior to the live fire practice by the SWAT team.
     
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  18. ottomatic

    ottomatic

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    No, they didn't send the SWAT team after a shoplifter. They got involved after it became a gunfight. What the initial call was is totally immaterial.
     
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  19. P99er

    P99er GT Ombudsman

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    Actually, it was a noise complaint. The stereo was too loud.


    The homeowner is quoted in the article and better shut his pie hole before he finds himself being Swatted by an anonymous tip.
     
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  20. HarlDane

    HarlDane

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    It sucks for the homeowner, but I agree, the criminal is 100% liable for the damages.
     
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