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U.S. Constitution Title: Casebolt, McKinney, and Legal Liability Casebolt, McKinney, and Legal Liability nolu chan Numerous sources cite the initial report being about a group of teens lacking permission to be at the pool and refusing to leave. Reportedly, they later received a call about a fight. The only reported physical altercation is the one depicted on video showing it was three females. What crime was Casebolt responding to? What evidence did he have? He arrived and detained exclusively Blacks, and almost exclusively black males. No male was engaged in the reported physical altercation. United States v. Cortez, 449 U.S. 411, 418 (1981) That is the requirements for a Terry stop, short-term detention short of arrest. What particularized and objective basis did Casebolt have for suspecting the particular black males of criminal activity? How did he identify them as criminal suspects? How did he identify exclusively black criminal suspects? According to Casebolt's attorney, "Casebolt viewed the teenagers leaving the pool as potential assault suspects who were fleeing." He should know better than to B.S. his attorney. There were no male assault suspects. Who did Casebolt identify as a victim of male assault? Casebolt's attorney asserted that he was not targeting minorities and that he had also detained a white girl not seen in the video. Again, he should not B.S. his attorney. As reported in the news, "[t]hat teen, Grace Stone, was handcuffed by another officer...." Casebolt's attorney asserted he "attempted to investigate the report of violent assault by interviewing as many people as he could to determine who was involved and that he believed those who ran could have been possible suspects." His notes of these alleged "interviews" must be interesting. As Snopes states, "McKinney Police later learned of a video that was taken at the scene by an unknown party." On video, Casebolt exhibits a unique method of interviewing as many people as he could. Many have noted that he hit the ground running. Who knew that he was conducting interviews? Casebolt's attorney said Casebolt made the decision to resign after meeting with the department's Internal Affairs unit to review possible charges he could face. Casebolt's story fell apart. At the website for the Dallas Morning News we find, "A woman accused of starting the physical altercation has been placed on administrative leave by her employer, CoreLogic." At the scene, she seemed to be invisibly white, as was the videographer. The police chief stated that Casebolt was out of control and his actions were not supported by McKinney PD policies, training and practice. To translate that, he said that Casebolt was not acting within his job parameters and the city does not want the legal liability for his actions. https://casetext.com/case/rogers-v-black-mountain As a general rule "the master is not responsible if the wrong done by the servant is done without his authority, and not for the purpose of executing his orders, or doing his work. So that if the servant, wholly for a purpose of his own, disregarding the object for which he is employed, and not intending by his act to execute it, does an injury to another not within the scope of his employment, the master is not liable." Howe v. Newmarch, 94 Mass. 49. See Dickerson v. Refining Co., 201 N.C. 90,159 S.E. 446; Robertson v. Power Co., 204 N.C. 359, 168 S.E. 415; Jeffrey v. Mfg. Co., 197 N.C. 724, 150 S.E. 503. To state it in another way, the general rule is, that where a servant steps aside from the business of his master for some purpose of his own which is beyond the scope of his employment, the relation of master and servant is thereby temporarily suspended, and the master is not liable for his acts during the period of such suspension. Walker v. Manson, 222 N.C. 527, 23 S.E.2d 839; Smith v. Moore, 220 N.C. 165, 16 S.E.2d 701; Creech v. Linen Service, 219 N.C. 457, 14 S.E.2d 408; Parrott v. Kantor, 216 N.C. 584, 6 S.E.2d 40; Van Landingham v. Sewing Machine Co., 207 N.C. 355,177 S.E. 126. The Chief's statement serves to establish that Casebolt was not acting within the scope of his employment. It serves to show that the doctrine of respondeat superior does not apply, and the employer is not liable for the wrongful acts of the employee. Casebolt faces potential personal liability. Litigation may depend on what assets he has and if they are worth going after. What wrongful acts? What liability. With Casebolt's videotaped "interviews" resulting in his resignation, the liability comes from the acts of detaining people in violation of the 4th Amendment. Casebolt needed to "have a particularized and objective basis for suspecting the particular person stopped of criminal activity." He will have extreme difficulty justifying his detentions based on information developed by his alleged "interviews." If the detentions cannot be legally justified, neither can the hip tosses, face mashes, and other acts of physicality. There is also potential civil rights action. It will be very difficult to explain and justify the exclusive detaining of black suspects, predominantly male. The city saw the potential liability, disowned his actions, and cut him loose. Hannah Stroud, Dajerria Becton's attorney, cites treatment that was "inappropriate, excessive and without cause." She notes that Becton "was invited and was not trespassing." Stroud also asserts her certainty that Becton's civil rights were violated. She indicated suing Casebolt, not the city of McKinney. The detention without cause could be claimed by others. As for Casebolt retiring and keeping his pension, note: crimeblog.dallasnews.com/...sebolts-resignation.html/ McKinney uses the Texas Municipal Retirement System for its officers. After five years of service, an officer becomes vested. An officer can officially retire with the system after 20 years of service or if they turn 60 after five or 10 years of service. If Casebolt doesn’t work as an officer again, he can either leave his pension funds in the system until he turns 60, or get a refund of the money he put in and the interest accrued. Or, he could roll the account over into a private IRA account. SOURCES: Reporting from numerous sources state that the police were dispatched in response to a call that a group of teens who did not have permission to be at the pool were there and refusing to leave. crimeblog.dallasnews.com/...why-he-was-arrested.html/ www.nbcdfw.com/news/local...estigation-306696581.html m.snopes.com/2015/06/08/m...y-pool-party-controversy/ On June 5, 2015 at approximately 7:15 p.m., officers from the McKinney Police Department responded to a disturbance at the Craig Ranch North Community Pool. The initial call came in as a disturbance involving multiple juveniles at the location, who do not live in the area or have permission to be there, refusing to leave. McKinney Police received several additional calls related to this incident advising that juveniles were now actively fighting. First responding officers encountered a large crowd that refused to comply with police commands. Nine additional units responded to the scene. Officers were eventually able to gain control of the situation. McKinney Police later learned of a video that was taken at the scene by an unknown party. This video has raised concerns that are being investigated by the McKinney Police Department. At this time, one of the responding officers has been placed on administrative leave pending the outcome of this investigation. fox6now.com/2015/06/07/of...n-on-teens-at-pool-party/ kfor.com/2015/06/07/texas...-teens-during-pool-party/ Later, police say they received calls that some of the teens were fighting. www.theguardian.com/us-ne...s-police-officer-casebolt Bishkin said that Casebolt viewed the teenagers leaving the pool as potential assault suspects who were fleeing. She insisted that “he was not targeting minorities” and that he also detained a white female. “With all that happened that day he allowed his emotions to get the better of him. Eric regrets that his conduct portrayed him and his department in a negative light,” said Bishkin. “He apologises to all who were offended … the prior suicide calls put him in an emotional place that he would have preferred not to be in.” www.nytimes.com/2015/06/0...e-officer-suspension.html New York Times to the similar effect. - - - - - - - - - - Numerous sources quote the police chief as stating that Casebolt came into the incident out of control, that McKinney PD policies, training and practice to not support Casebolt's actions, and that his actions on the video were indefensible. www.nydailynews.com/news/...-police-article-1.2252485 abcnews.go.com/US/mckinne...ke-pool/story?id=31649084 "Our policies, our training, our practice do not support his actions," he added. www.khou.com/story/news/l...y-video-resigns/70997364/ - - - - - - - - - - A woman accused of starting the physical altercation has been placed on administrative leave by her employer, CoreLogic. crimeblog.dallasnews.com/...why-he-was-arrested.html/ “CoreLogic does not condone violence, discrimination or harassment and takes conduct that is inconsistent with our values and expectations very seriously,” her employer, CoreLogic, said in a statement Tuesday. “As a result of these pending allegations, we have placed the employee in question on administrative leave while further investigations take place.” - - - - - - - - - - Casebolt's lawyer admitted, "he allowed his emotions to get the better of him." The Union official stated, "in this instance [Casebolt] was placed in a high-stress environment that he was not fully prepared for." Both defended Casebolt on one point. Each stated that Casebolt's actions were not racially motivated. www.wfaa.com/story/news/c...ideo-speaks-out/71016170/ [...] The attorney said Casebolt apologizes to anyone who may have been offended during the pool party incident, and said his actions were not racially-targeted. She said he arrested a white girl who was at the scene, but she isn't shown in the video. She added that he never meant to mistreat anyone. www.wfaa.com/story/news/c...ideo-speaks-out/71016170/ www.nbcdfw.com/news/local...Statements-306799061.html Bishkin said Casebolt was not targeting minorities and that he had also detained a white girl not seen in the video. She added that his attempt to gather information was "hampered by some teenagers who are instructing others to defy police instructions." This dog just will not hunt. At no time on the video is Casebolt seen interviewing anybody. His written notes of these interviews should be interesting. Nor did Casebolt "arrest" or handcuff the white teen, Grace Stone. newsone.com/3121343/eric-...tion-mckinney-pool-party/ - - - - - - - - - Dajerria Becton's attorney, Hannah Stroud states a case for excessive use of force and civil rights violation. www.nbcdfw.com/news/local...Statements-306799061.html Stroud mentioned previous news conferences by both McKinney Chief of Police Gary Conley on Tuesday and Casebolt's lawyer, Jane Bishkin, on Wednesday, asserting that neither of them indicated her client had done anything wrong before being subdued by the officer. "Miss Becton attended a pool party to which she had been invited. She was not trespassing in any shape or form. She left the scene when she was asked to by the police officer. When she asked for her bag so that she could call for her aunt, who is her legal guardian, she was pushed to the ground, grabbed by her head and her face was shoved into the ground. She was then handcuffed, she was never arrested and she's not been charged with any wrongdoing or with any offense," Stroud said. The attorney quoted Conley from his news conference the day before, agreeing that Casebolt's actions were indefensible, but took it further to say that she believed his actions were excessive. "That's really why we're here. Because ultimately the manner in which Miss Becton was treated was inappropriate, excessive and without cause. I would not expect to be treated, and have never been treated, by any police department or any police officer, the way that Miss Becton was. And I would doubt that any parent or reasonable person would expect their child to be treated in the same way," Stroud said. Becton's lawyer said that while the information provided by Casebolt's attorney on the calls he answered before the disturbance at the pool give an insight into his mental state, it is not a defense for what occurred. crimeblog.dallasnews.com/...sebolts-resignation.html/ “The manner in which Ms. Becton was treated was inappropriate, excessive and without cause,” Stroud said, noting that Casebolt’s voluntary resignation Tuesday should not be the end of the investigation. Stroud said Becton attended a pool party Friday to which she was invited and was not trespassing. When she was told to leave by police, she asked for her bag so she could call her aunt. That’s when she was pushed to the ground, grabbed by the hair and had her face shoved into the ground, Stroud said. The attorney said she’s not sure whether her client will file a formal complaint against Casebolt. And although she’s certain Becton’s civil rights were violated, she can’t say whether race was a factor when the white officer confronted her black client. “I’m certainly not going to condemn a man before I do my due diligence,” she said. crimeblog.dallasnews.com/...sebolts-resignation.html/ McKinney uses the Texas Municipal Retirement System for its officers. After five years of service, an officer becomes vested. An officer can officially retire with the system after 20 years of service or if they turn 60 after five or 10 years of service. If Casebolt doesn’t work as an officer again, he can either leave his pension funds in the system until he turns 60, or get a refund of the money he put in and the interest accrued. Or, he could roll the account over into a private IRA account. - - - - - - - - - - Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest Begin Trace Mode for Comment # 16.
#5. To: nolu chan (#0)
(Edited)
I actually posted this in another thread, but I feel that is also belongs on this thread as well:
I read on a thread somewhere yesterday that they arrested a white person also. I can't seem to find it now. I don't know if that was disinfo or true.
It was in the sources I provided above. http://newsone.com/3121343/eric-casebolts-apologizes-acted-out-of-emotion-mckinney-pool-party/ "Arrest" has a specific legal connotation and all official claims assert the "arrest" of only one person, the one who got near Casebolt, then ran, and was apprehended by other officers without resistance. Charges were dropped and he was released. Grace Stone was not arrested but was detained. She reportedly was not detained by Casebolt as originally claimed by his attorney.
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