[LSNN] LSPD embroiled in Civil Court after gross negligence suit

[LSNN]

 

The Los Santos Police Department have been embroiled in a month long legal fight in where they're accused of gross negligence by the plaintiff Andrew Baker. In the legal documentation submitted back in December the 10th, 2019, the Plaintiff (A. Baker) accused the LSPD SWAT team of gross negligence by quote "spraying down anyone within visible range" including himself, which he was protected by bullet resistant glass. The Plaintiff goes on to accuse the LSPD of not using reasonable care or caution when handling the breach of his Pawnshop. The document goes on further to accuse the LSPD of refusing to ask or answer any questions requested by Baker and quote "Simply walked out the property". 

 

Shortly after the documents was filed in the Superior Court of San Andreas, the Civil Division, Judge Juliet Pierce confirmed the case to be approved and legal action may proceed. The Plaintiff's legal team, Miles Hyde from Kerrigan and Associates and the Los Santos Police was defended by the District Attorney's Office, Lucas Lowe. 

 

The District Attorney's office submitted evidence into the court which contains a After Action METRO deployment at the Plaintiff's Pawn Shop. 

*PDF file is attached* ((If anyone has an issue with this file, you may DM me))

Spoiler

 LOS SANTOS POLICE DEPARTMENT
Metropolitan Division
METROPOLITAN DIVISION — DEPLOYMENT REPORT

---

.

 

 

• Section I

  ---

  1.1 Involved Platoons:
  • C
  • D
  1.2 Incident Command:
• Incident Commander (if applicable): N/A
• Crisis Negotiator (if applicable): N/A
• Team Leader(s):
  • D SO Claire Weiss
  1.3 Involved Metropolitan Officers:
  • D Op Samantha Reid
  • D PO Aaron Colston
  • C PTSO Zach Fusco
  • C TSO James McClaren
  1.4 Type of deployment: CAT/Breach
  
  
  Section II

  ---

  2.1 Date: 28/NOV/2019
  2.2 Time started: 22:30
  2.3 Time ended: 23:50
  
  
  Section III

  ---

  3.1 Injured team members:
  • C PTSO Zach Fusco - Treated
  • C TSO James McClaren - Treated
  3.3 Suspect casualties: 1 (ONE)
  3.4 Civilian casualties: 0
  
  
  Section IV

  ---

  4.1 Detailed narrative:
  A pager was sent out about an active trace on a robbery suspect armed with a shotgun. It led up to Sandy Shores Pawn, where D+C ordered the suspect who was traced onto the ground. He ran into the pawnshop, and took hostages. D SOP Weiss began to place a camera under the door when she saw an active gunfight inside. Metro breached immediately and neutralized the suspect. One civilian arrested for an unlicensed pistol.
  
  Signature: Zach Fusco

 

In the coming days the District Attorney's Office continued to argue that LSPD can't be held liable due to the SASI act of 2019, which is defined as: 

"Chapter 3, Section 301:

(a) No government employee, agent or officer of the State of San Andreas may be held personally liable as a party defendant in any civil tort unless;

• (i) The employee acted neglectfully and disregarded local and federal law, and/or the employee acted in bad faith/or with malicious intent.
• (ii) The employee acted in a manner that disregards human rights and safety, and/or the employee acted in gross negligence. "

 

The Plaintiff and the DA argued it out over the coming days before the judge ruled that the LSPD will be deemed liable until a Operator (LSPD METRO member) was found. A day later (3rd of January), the Judge submitted a subpoena to the Los Santos Police and required four Officers to attend the court and provide verbal / written testimony, in which was Claire Weiss, Aaron Colston, James McClaren and Zach Fusco. As of the time of writing this (10th of January) the Los Santos Police officers have yet to attend the court, or provide the written testimony. 

 

If the general public wishes to view the documents, they're HERE on PACER. 

 

LSNN has reached out to the Los Santos Police Department and Kerigan & Associates for comment on the ongoing litigation. 

 

 

Los Santos Police Department has issued a comment to LSNN

 

Quote

The LSPD is working with the District Attorney's office on resolving this matter in court. The public record shows every action that has been taken so far by both the District Attorney's office and the Los Santos Police Department in this particular context. The Office of the Chief of Police regrets that due to the holidays the process has taken this long but does not at this time wish to issue further comment until the matter is resolved in court.

 

Kerrigan & Associates declined to comment. 

Comments are OPEN. 

Edited January 10, 2020 by LSNN

[Sal]

* Allegra reads the article online, nodding along to herself before clicking through to the link. 

 

"More drama" she thinks to herself.