Updated barisone lawsuit 10/29/21 post 851

[Sparrowette]

As far as B suing the cops, well, I wish him luck. If anyone has followed the “On Our Watch” podcast, then you will understand…

On Our Watch | Podcasts | KQED

[Jojomo]

@eggbutt

@RND

@Ambitious_Kate

Wow, so that’s actually much clearer than the first filing.

Really? The whole document reads to me like it was written by a group of gossipy middle school girls. Lots of misspelled words, typos, bad grammar, tons of adjectives in what should really be a technical document that states facts. I wish that authors of these documents were required to provide source documents for everything they claim, because it’s just really hard to take a document like this seriously when there is no proof behind the claims.

I get that there are legal reasons that source documentation can’t be provided to the public, but it’s frustrating when you are someone who wants to know the entire truth, and not someone who has already made up his or her mind and fits the documentation into his or her narrative.

I don’t believe anyone has “fit the documentation to their narrative”. I don’t understand your post other than it was expected someone would pipe up and argue against the document.

It seems to me that more information from the PD may have been given to Chris Deininger after the most recent hearing, and he amended his complaint with more detail.

The truth is the cops did a below rookie level job in this situation and were obviously over their heads in how to handle it. Without further information documented in the brief, it has been stated in the complaint that this isn’t the first time the PD has failed in their level of support. Why am I not surprised?

Keep in mind that these same police reports will be used in the criminal trial and will certainly be damning for the prosecution if they are as stated in this complaint. I highly doubt an attorney is going to attach copies and then indicate they say other than what the copy says.

(Edited to correct attorney name)

I don’t think the reason for the amended complaint is that the civil attorney has more info from the police department. I think they are recasting the complaint to say that the LEO violated Barisone’s rights as a crime victim, instead of his generic rights based on gender and age.

[Knights_Mom]

@Incantation

Even if evictions were not on hold, they can take months, and months. Once tenancy is established, if the renter stops paying, in MA, first you have to serve a 14 day notice. Then, when they haven’t paid after the 14 days, you have to file for eviction. When you finally get your day in court (we have a special housing court here), you are encouraged to see a mediator. You don’t have to, but the judges don’t look kindly on you if you don’t go through the mediator first.

In mediation, the tenant is asked if they can make payments, and a payment schedule is created if both parties agree. If one or the other doesn’t agree, the tenant is asked how much time they need to get out. 3, 4, or even 6 months is not unusual. Landlord is encouraged to accept the terms, or they go before the judge, who may or may not grant the extra time - hint, they usually do.

After that time period, if they don’t get out, back to court you go for an order. The sheriff then shows up on a specified date, if they haven’t left yet. A moving company, paid for by the landlord, moves the tenants belongings into storage, which the landlord must pay for up to 6 months.

Oh, and kiss your back rent good bye, you will never see it, or rent for the X# months it took for the tenant to move out.

Gee, I wonder why rent is so expensive, and tenant screening can be so extensive?

It is much the same here. Before Covid time the tenant has 6 months from the date of the first hearing on an eviction case. In a non payment case it can drag on much longer. In an eviction case landlords often trade $$ owed for the tenants getting out right away as tenants often say they need that money to move.

[Knights_Mom]

I processed amended complaints all the time. Sometimes the Amendment only had to deal with the aspects of the service of the documents.

[3PonyFarm]

If the motion to dismiss the case with the cops is approved, does a plaintiff have any other options?

[Sdel]

No.

[Jojomo]

@Sdel

No.

Wouldn’t it depend on whether the complaint is dismissed with prejudice or dismissed without prejudice?

[3PonyFarm]

Washington Twp. Chief Says Officers Take Misconduct Seriously

This article said that the officer complete training throughout the year and are required to wear body cameras. If they have recordings of their interactions it seems it would go a long way in determining the facts of the civil case.

Edited-article said mics not cameras, still should help though.

[Cat.J95]

The police definitely screwed up here but I don’t think it’s restricted to this particular department. Unfortunately when men are being threatened with violence, harassed etc, it’s not given the same weight as if it was a woman. Yes the police should treat it the same but they don’t.

I read a post on Reddit about a man who called the police for help multiple times. Wife was known to be caustic and witnesses said she’d pick the kids up drunk from CDC. The final phone call from police ended with him getting shot three times while still on the phone.

This type of dismissive behavior needs to stop. This isn’t a comment for “team Barisone” or being a “fan girl.” It’s more pointing out that men across the country face this type of stuff from police departments.

ETA: Police fail at domestic violence all the time. Women don’t always get help. It’s worse for men.

[eggbutt]

@3PonyFarm

https://patch.com/new-jersey/longvalley/washington-twp-chief-says-officers-take-misconduct-seriously

This article said that the officer complete training throughout the year and are required to wear body cameras. If they have recordings of their interactions it seems it would go a long way in determining the facts of the civil case.

Edited-article said mics not cameras, still should help though.

The article borders on comedy IMO based on the reported behavior of the 11 officers involved in the Barisone situation of 2019.

[3PonyFarm]

There are many things I’m questioning too-not that my viewpoint makes any difference at all but hopefully if there was any misconduct the department will act on it.

[Knights_Mom]

@3PonyFarm

If the motion to dismiss the case with the cops is approved, does a plaintiff have any other options?

Depends on why it was dismissed. Some things can be fixed. Sometimes not. Many motions are dismissed for bad service. In that case you refile the motion and fix the service. Some motions are dismissed due to non appearance of the movant. So it depends and there’s many scenarios either way.

[Knights_Mom]

@Cat.J95

The police definitely screwed up here but I don’t think it’s restricted to this particular department. Unfortunately when men are being threatened with violence, harassed etc, it’s not given the same weight as if it was a woman. Yes the police should treat it the same but they don’t.

I read a post on Reddit about a man who called the police for help multiple times. Wife was known to be caustic and witnesses said she’d pick the kids up drunk from CDC. The final phone call from police ended with him getting shot three times while still on the phone.

This type of dismissive behavior needs to stop. This isn’t a comment for “team Barisone” or being a “fan girl.” It’s more pointing out that men across the country face this type of stuff from police departments.

ETA: Police fail at domestic violence all the time. Women don’t always get help. It’s worse for men.

The same for courts. They used to protest unfair female advantage in custody cases all the time in front of Family Court.

[Knights_Mom]

Everyone in law enforcement takes classes annually regarding gender bias, racial bias and sexual harassment training.

That being said, during Covid hearings were done virtually and one court person working from home during/on a hearing was heard saying the N word in English and Italian and making other rude comments during a juvenile delinquency arraignment on a hot mic. That story went global instantly but since the person had their time in they retired and the issue just floated away.

So just because there are classes and training doesn’t mean the “isms” no longer exist.

[Scribbler]

Oh yes. Who among us has not sat through some kind of employer mandated training or overview of new procedures and zoned out, or actively resisted the content as a waste of time? I don’t see why diversity training would be any different.

[Cat.J95]

That is a whole new discussion! But yes same thing.

[3PonyFarm]

Yes that is true. I wonder if it would have made a difference if MB would have been able to talk to a supervisor. Hard to say at this point. I guess we will find out about the motion to dismiss next week unless it is postponed again.

[MOLLEGARD]

Typically, from experience it is basic

[Sdel]

@Jojomo

Wouldn’t it depend on whether the complaint is dismissed with prejudice or dismissed without prejudice?

The motion to dismiss is for with prejudice.

[MOLLEGARD]

I have worked in the law for many years, and due to traumatizing life circumstances had to deal with local police in the midst of a panic attack after husband’s suicide. There are good cops; however, most/many do not understand/ care abt mental health issues. Had to spend $$proving no alcohol–I don’t drink-- vs panic attack. They frankly are not educated or really care. I doubt seriously if they would have noticed distress from a mental health perspective given what I have read