Updated barisone lawsuit 10/29/21 post 851

[3PonyFarm]

I thought the whole case was dismissed. Please correct me if I am wrong. Legal mumbo jumbo is not my specialty.

[Sdel]

@3PonyFarm

I thought the whole case was dismissed. Please correct me if I am wrong. Legal mumbo jumbo is not my specialty.

Getting there….

“This Court finds that Plaintiff’s complaint fails to set forth a cause of action for a civil rights violation. Having reviewed the complaint in a light most favorable to the plaintiff and even in taking the Plaintiff’s assertions to be true, there is no support for any civil rights violations under either the United States or New Jersey Constitutions. “

[CurrentlyHorseless]

@Knights_Mom

@CurrentlyHorseless

@Knights_Mom

@CurrentlyHorseless

@iris2006

Sounds like LK (or whoever made this up) has watched too many law dramas on TV. Suddenly MHG will be charged and MB will get reduced charges even though he is the one that shot LK? Amusing.

That’s not how I read that statement by IM at all. I read it to say that IM thinks that if MB “came clean” (was honest) about MHG’s role, that LK might make a different statement at MBs sentencing hearing. There was nothing about MHG being charged or MBs charges being reduced.

As of now there is no sentencing hearing. He must be first found guilty of attempting to murder 2 people.

And dangling the promise of LK asking for a reduction of time should MB involve MHG is an empty promise. LK gets to make a Victim Impact Statement. That’s it other than testifying.

Other than that it’s the DA who cuts deals. Not LK via a horse message board.

I was only saying my interpretation of what IM said was completely different from Iris’s interpretation. I was not saying I believed IM’s statement.

But it’s not true that MB “must first be found guilty of attempting to murder 2 people”, for there to be a sentencing hearing, is it? Unless he is found not guilty of all charges, there will be a sentencing hearing, won’t there? Even if there’s no trial and he pleads guilty to a lesser charge?

Either by hearing or by plea bargain the defendant must first be found GUILTY of some charge. Once he is found guilty then sentencing occurs. But the person who was injured plays no role in any determination. They can be a testifying witness and they can do a Victim Impact Statement. But they don’t negotiate “if MB testifies it was all MHGs plot” then MB will get 5 years instead of 15. That’s not how this works.

Nobody claimed that LK could “negotiate” that if MB testified thus and such then MB gets 5 years instead of 15. IM never said anything like that and neither did I.

I assume IM was referring to the Victim Impact Statement. He suggested that depending on what she says in that statement, it could modestly affect the sentence handed down by the judge. So I don’t think it’s accurate to say the victim plays “no role”. It’s a limited role, and may have a trivial effect or no effect on the sentence, but it seems to me that the Victim Impact Statement plays some role in sentencing. Otherwise why would the system have a Victim Impact Statement? Just to let the victim vent?

I think you’re arguing for the sake of arguing. Shame on me for getting sucked in.

[3PonyFarm]

Thank you for sharing that.

[Sdel]

While a police officer bears the duty of investigation information from citizens regarding criminal or otherwise unlawful activity, their failure to make an arrest as it pertains to such activity does subject the municipality to tort liability.

I’m copy pasting as I go…

[3PonyFarm]

Thanks!

[Sdel]

The Court finds no showing in the Plaintiff’s proposed Second Amended Complaint to show that Plaintiff falls under a Constitutionally protected class to raise claims of discrimination. The Court finds Plaintiff’s attempt to distinguish this case from the matter asserted by Defendants in their reply on the basis that Plaintiff has asserted constitutional rights to fairness, respect, and compassion to be absurd. The Court continues to find that no constitutional rights that were violated in this matter. Further, Plaintiff has failed to articulate any facts that sound in intentional tort. Merely using the word “intentional,” which Plaintiff asserts he has done more than 85 times in his proposed Second Amended Complaint, simply does not make it so.

So, while this is specifically filed for the cross claim/amend, it’s going to cross over to the original dismissal.

Not exactly unexpected because the gov’t is always going to protect it’s own corruption.

[Sdel]

@Sdel

While a police officer bears the duty of investigation information from citizens regarding criminal or otherwise unlawful activity, their failure to make an arrest as it pertains to such activity does subject the municipality to tort liability.

I’m taking this to mean that MB could sue the police/town specifically for failing to arrest LK for whatever charges apply to the recordings.

[3PonyFarm]

Im curious if the department will do their own IA investigation as well.

[3PonyFarm]

Do you know what the statue of limitations are on that charge? They wouldn’t try an arrest this late in the game to save themselves from a suit would they?

[trubandloki]

@3PonyFarm

Im curious if the department will do their own IA investigation as well.

It sounds like this department does not think they have done anything wrong.

[Sdel]

@3PonyFarm

Do you know what the statue of limitations are on that charge? They wouldn’t try an arrest this late in the game to save themselves from a suit would they?

No clue on the statue of limitations. No way they arrest LK. Once she’s arrested for crimes related to the case her 5th amendment rights would put the MB trial at risk and her witness testimony and possibly some evidence could not be used.

[3PonyFarm]

Ok, that makes sense. Thanks

[trubandloki]

So the courts are not saying that all this did not happen, they are simply saying that since there are protections in place that prevent a person from suing the police/town/etc. that this lawsuit can not move forward.

[Einhorn]

Of course, any da wants as much evidence of similar past behavior to support the crime as possible. Will either side get historical activity in? That’s up to the judge.

[Sdel]

@trubandloki

So the courts are not saying that all this did not happen, they are simply saying that since there are protections in place that prevent a person from suing the police/town/etc. that this lawsuit can not move forward.

Yes. And it seems the judge left open the possibility of suing the police for failure to arrest on crimes they do investigate on a specific basis and not on a civil rights basis. So, since LK directly told the police about having the recording devices they might be sued for failing to act on the crime that was directly reported to them.

[Einhorn]

@CurrentlyHorseless

Nobody claimed that LK could “negotiate” that if MB testified thus and such then MB gets 5 years instead of 15. IM never said anything like that and neither did I.

The implication was that if MB turns on MH LK would change her statement. That’s pretty strange. The guy shot her, twice. Why let him off? For some random woman LK doesn’t like? That’s whack. It doesn’t make sense after what LK had posted that she would want to let him off for any reason.

[Sdel]

@Einhorn

It doesn’t make sense after what LK had posted that she would want to let him off for any reason.

Unless you consider that whatever went down with MB it was supposed to have involved MHG instead.

[MHM]

@Sdel

@Einhorn

It doesn’t make sense after what LK had posted that she would want to let him off for any reason.

Unless you consider that whatever went down with MB it was supposed to have involved MHG instead.

Even the possibility of that suggests an attempt at puppeteering far beyond the imagination of most people on the planet.

[Sdel]

@MHM

Even the possibility of that suggests an attempt at puppeteering far beyond the imagination of most people on the planet.

Seems pretty typical to me. Nothing about this dynamic reads to me that it was about anything more than trying to get MH to leave. MB was just collateral damage because he was with MHG.