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Title: Police Union Sues Toy Gun Maker For Not Doing Enough To Keep Cleveland Cops From Killing 12-Year-Old Boys
Source: TechDirt
URL Source: https://www.techdirt.com/articles/2 ... killing-12-year-old-boys.shtml
Published: May 5, 2017
Author: Tim Cushing
Post Date: 2017-05-07 11:21:57 by Deckard
Keywords: None
Views: 5315
Comments: 12

from the who-will-it-sue-now-that-it's-shot-itself-in-the-foot? dept

In the world of law enforcement, there's very little more ridiculous than police unions. That's the unfortunate side effect of feeling compelled to defend every "bad apple," no matter how rotten they are. The Cleveland police union has reached the apotheosis of law enforcement spin -- this time taking the form of a lawsuit that looks like a punchline.

First, some backstory. In 2014, 12-year-old Tamir Rice was killed by a Cleveland police officer as he played with a toy gun in the park. A caller reported Rice, saying he was waving around a gun. The caller also said it was likely the person they saw was a juvenile and the gun was likely a toy. This information was not passed on to the responding officers, who boldly/stupidly raced across the park lawn to within feet of where Rice was standing and shot him two seconds after exiting their vehicle. The "gun" Rice had was an Airsoft replica with the bright "not a gun" tip removed.

Had the dispatcher passed on the mitigating factors, Tamir Rice might still be alive. Had the officers decided to approach this tactically, rather than like an out-of-control half of a buddy-cop movie cliche, Tamir Rice might still be alive. But, as the Cleveland Patrolmen's Association sees it, the problem wasn't bad communication and worse tactics. The real problem here is toy gun makers.

The Cleveland Patrolmen's Association announced it will soon be filing a lawsuit against toy gun manufacturers in federal court.

CPPA attorney Henry Hilow told News 5 the civil lawsuit will not seek financial damages, but rather seek to restrict the design of toy guns, so they don't look so realistic.

"These fake weapons put the community at risk, puts law enforcement at risk, something has to be done," Hilow said. "The remedy that we'd be looking for is that that gun could not replicate. That that gun would be of such a color have such a tip."

Airsoft guns do look realistic, minus the bright orange tip that comes standard. Anyone can remove the tip… just like anyone can create a real gun that looks fake. None of that matters, though, as attempts to create vicarious liability tend to fall apart under judicial scrutiny. And, notably, the Cleveland Police Union has never attempted to sue the manufacturers of real guns, despite them being involved in almost every situation where officers have shot at people or been shot by them.

As Popehat pointed out on Twitter, this is likely only the first of many police union lawsuits:

Next to be sued by police: Coach for making wallets and God for making black people's hands and waistbands

So far, the CPPA stands alone in its jackassery. But it has hopes that others similarly situated will beclown themselves for the dismayed amusement of the nation:

He said the CPPA is looking for support from other police unions in major cities like Columbus and Dallas.

I applaud the union's willingness to take a stand in court against the maker of an item held by a person one of its members killed. Anything that draws more attention (albeit inadvertently) to the trigger-happy tendencies of Cleveland police officers and the increasing ridiculousness of police union statements and actions is fine by me.

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Begin Trace Mode for Comment # 8.

#8. To: Deckard (#0)

Obviously the dispatcher was negligent in failing to pass on the callers opinion to the police that it was likely a toy gun. That was a major fail.

International Orange colored tips for toy guns are a useful safety device, and parents & kids are best off with them instead of without them. However, it's obviously not a cure all for these incidents. The fall out from any legislative action to ensure toy guns get orange tips might be for hardened criminals to modify real guns to have a similar colored tip. That could give them the jump on any police encounter and make a big difference in who gets shot, and after that, police would be much less likely to care if a gun has an orange tip or not, so the result could be much the same with kids with toy guns, with or without an orange tip getting shot. But maybe thugs modifying real guns like that isn't likely.

But kids living on the lower economic scale are always playing with toys that are broken. Heck even middle class kids do that. We know how kids are. So even if all guns had orange tips there will always be kids playing with toy guns with it broken off, whether with or without parents consent or even knowledge.

People do die in unfortunate, unlikely cases, and it's a mistake to overreact and pass laws to try to prevent anyone from dying from any unlikely cause. What you end up with is a society without freedom where everyone is permanently jailed in their own homes at all times. The bureaucracy is thick enough in the USA.

As for who's at fault in this killing, the dispatcher was the most at fault. I won't judge the responding cops on this one, but only they know. The kid probably should have been educated about the danger of having a toy gun in the presence of police, but probably thought police are never any danger which was his mistake. Ditto on that point for the parents, and maybe they should have destroyed the broken toy gun. Maybe. I'm sure they wish they had, obviously, but hindsight is always 20/20.

Stuff happens.

Pinguinite  posted on  2017-05-07   15:01:03 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 8.

#12. To: Pinguinite (#8) (Edited)

As for who's at fault in this killing, the dispatcher was the most at fault.
The boy who removed the orange safety tip from an airsoft pellet gun before trading it to Tamir Rice told investigators he blamed himself for his friend's death.

The boy said he warned Tamir to be careful because the pellet gun "looked real." Tamir stored the gun in a backpack when the two arrived at the recreation center just after 11 a.m., but witnesses said they saw Tamir pointing the gun and shooting at car tires that afternoon.

Gatlin  posted on  2017-05-07 18:06:17 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 8.

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