If so, the offense was not trespassing, but disturbing the peace.

It's also not trespassing in a place of public accommodation until after someone is told they may not come. I suppose that may have been the point of the notice. Not a citation or claim any offense was committed, but just a "notice".

But still, given the girl was arrested, why wasn't disturbing the peace or some similar charge levelled related to the real reason for the stop, instead of resisting and assault?

The lot is private property and not a public thoroughway for the public to use as a shortcut to bypass the public roads.

The assertion is that Mall security wanted them removed for trespassing. They were to be given a notice to advise them that they were banned from mall property. Rather than give her information, the young lady decided to give a ration of shit and pedal away. She was stopped and arrested. The apparent reason for the arrest was resisting the lawful actions of the officer and assault on the officer. She was not arrested until after she tried to pedal away.

How do you know what reason was given in criminal proceedings for the initial stop? It is in proceedings against a minor.

How can you confirm any information from what happened in the criminal proceedings. I have been unable to find any citation to the case, the court, the judge, or the date of any proceeding in the case.

It is difficult to find any official information on the criminal case as Tillman was a minor.

The lawfirm representing Tillman released a public statement asserting "Officer Williams forcibly shoved Monique into parked cars, placing his forearm across her chest as he extracted his Taser. Heaping brutality upon indignity, Officer Williams grabbed Monique by the hair and flung her to ground. Not satisfied, Officer Williams deployed his Taser and stunned Monique before handcuffing her and charging her with resisting arrest and assault on a police officer, charges which were ultimately dismissed." This provides no legal reasoning on why the charges were ultimately dismissed. I have yet to see any source provide a case citation or a date for the dismissal of charges, or identify what judge or court did this.

The counsel for Tillman does not enhance his credibility by saying Officer Williams, "forcibly shoved Monique into parked cars, placing his forearm across her chest as he extracted his Taser." The video clearly shows this occurred later, when Tillman was on the ground.

This appears to be just wrong and without any legal merit.

Simple question then. If it's wrong, then why isn't the city being sued by the family of the 15 year old? Why instead are they suing the cop, the mall, and the security company that is paying the cop?

Are the plaintiff's making a mistake? Or are they purposely avoiding bringing the city into the suit? Is the city broke?

There are a number of cities that have a formal program that allow their police officers to be serve as private security while they are in uniform. LA and NYC are but two of those cities. I don’t know the Tacoma police policy on this.

Off-duty cops work security pretty much all over the country. They obviously do it in Tacoma and elsewhere in the state of Washington.

https://w-ins.com/security-guards-20.htm

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And, of course, there is the statement of the Public Affairs Officer of the Tacoma Police Department:

Of the officer, [Tacoma Police Department Public Information Officer Loretta] Cool said, "His presence at the Tacoma Mall, even though off duty and paid by mall, he's a police officer and he's acting as a police officer."

He had his car, his uniform, and his Taser. Cool said the second he was called on to order the teens off the private property and turned his lights on, the officer was working on the city's payroll, not the mall's.

Rather than give her information, the young lady decided to give a ration of shit and pedal away.

Without audio, how do you know this to be the case? On further review, she may not have been trying to leave the scene, but only dismount from the bike, perhaps first manuvering out from between the 2 cops. If she was trying to leave, she certainly didn't try to get a jump start on them.

How do you know what reason was given in criminal proceedings for the initial stop? It is in proceedings against a minor.

My info is based on what's stated in the article here.

How can you confirm any information from what happened in the criminal proceedings. I have been unable to find any citation to the case, the court, the judge, or the date of any proceeding in the case.

I have not attempted to confirm anything. Like everyone else, I'm basing my judgement on the video and information on the article, bias though it is. If the information is different, I may modify my opinion accordingly.

HOW were the mall owners going to call tow trucks to tow off the kids bicycles that were just traveling THROUGH the parking lot?

More importantly,the trouble started with the mall employee,a thug with a badge,stopped the kids TO KEEP THEM FROM LEAVING.

They were not seeking to take the kids bikes and arrest the kids. They were seeking to serve a legal notice to stay off the private property of the mall owner.

A mall parking lot IS public property,and the only time the public is forbidden access to that property is when those INDIVIDUALS have broken some of the rules and management has told them to leave.

A privately owned mall parking lot is private property.

Officer Williams was on the public payroll, acting as a state actor and a police officer, from the second he was called on to order the yoots off the private property.

The officer clearly threw her to the ground with his left hand firmly holding her hair. The taser followed. In sum, it easily appeared to me as excessive force, and apart from what did appear to be an attempt by the girl to leave the scene, there is no obvious move of resistance to me through the rest of the ordeal.

It appears to be an officer using such force as necessary to restrain the yoot without injuring the yoot. The yoot was neither punched nor kicked, nor choked.

Perhaps you can suggest how the officer should have restrained the yoot.

But if a cop can kill out of reasonable fear for his own life, then that right has to apply to citizens as well.

If you are seriously a criminal asshole, and a cop points a gun at your head and orders you to get on the ground, hands behind your back, if you fear for your life that does not mean you can shoot and kill the cop and call it self-defence.

And the more cops are trained to shoot at the slightest provocation, the more reason informed citizens have to be fearful of cops who point guns at them.

Cops are not trained to shoot at the slightest provocation. If they were, the streets would be littered with countless bodies every day. The police are trained for restraint. The military on security duty are far more likely to open fire with deadly effect. My military training was to the effect that the only reason to pull a gun was to shoot it.

The girl was peacefully (not using force) to resist arrest by peddling away,and was then assaulted by the thug with the badge.

That is fleeing, not resisting. She had not yet been arrested.

Okay, but in any event, since the city is not named as a defendant in the case, it's apparent that the cop was not acting in the capacity of a cop when working for the mall.

No, it is very obvious that the cop was acting in the capacity of a cop, a state actor.

Counsel is pretending that he was acting as a mall employee only. When acting in the capacity of a state actor, a police officer, the cop has qualified immunity from civil litigation.

A mall parking lot IS public property,and the only time the public is forbidden access to that property is when those INDIVIDUALS have broken some of the rules and management has told them to leave.

Blah,blah,blah. You are more full of shit than a Thanksgiving turkey.

The shopping mall parking lot is NOT public property, if it is privately owned.

Think much before posting?

I don't give a rabid rat's ass if he had been adopted by the corporation that owns the mall,the way the process works is that citizens call 9-11 to report a problem,9-11 notifies the cops on duty,and the cops on duty then respond to the 9-11 call.

You are a rabid rat's ass. The cop was working for the mall. The second he was called upon to perform police work, he shifted to the public payroll and was a state actor acting as a police officer.

That is the way the system works when the private mall hires an off duty cop to be there and available to provide police services for them.

Frankly,I don't begin to understand why the Tacoma PD is backing that fool,and leaving themselves and the city open to lawsuits.

The Complaint does not appear to raise any constitutional challenge or to assert any challenge to the arrest regarding probable cause.

The Complaint alleges Negligence; Assault; and Outrage against Officer Williams.

HOW were the mall owners going to call tow trucks to tow off the kids bicycles that were just traveling THROUGH the parking lot?

The mall owners, the owners of the private property mall parking lot, were never going to call tow trucks to tow off the kids bicycles.

Are you now claiming mall owners have a right to imprison people passing through?

This shopping center parking lot belonged to the mall owner and was private property.

HorseHillary.

This shopping center parking lot belonged to the mall owner and was private property.

Privately owned property is private property. It is not public property, however much you blabber your delusion.

Black's Law Dictionary, 6th Ed.

Public property. This term is commonly used as a designation of those things which are publici juris (q.v.), and therefore considered as being owned by "the public," the entire state or community, and not restricted to the dominion of a private person. It may also apply to any subject of property owned by a state, nation, or municipal corporation as such.

Where did you read that anyone called 911? Where did you read that the police were dispatched to arrest the kids?

I know the cop was psychotic,but that doesn't mean he was psychic. Just exactly how did he know all this was happening in no one called 9-11?

EVERYBODY knows the 9-11 phone number,but how many people know the phone number for mall management?

I know the cop was psychotic,but that doesn't mean he was psychic. Just exactly how did he know all this was happening in no one called 9-11?

Mall security requested the action. They did not have to call themselves.

http://komonews.com/news/local/tasered-teen-it-felt-like-electricity-running-through-my-veins-11-21-2015

Tasered teen: 'It felt like electricity running through my veins'

By Elisa Jaffe
KOMOnews.com
Tuesday, February 10th, 2015

[...]

Of the officer, Cool said, "His presence at the Tacoma Mall, even though off duty and paid by mall, he's a police officer and he's acting as a police officer."

He had his car, his uniform, and his Taser. Cool said the second he was called on to order the teens off the private property and turned his lights on, the officer was working on the city's payroll, not the mall's.

[...]

Good to know you think police departments work for mall owners.

Good to know you are an asshole.

You really are the perfect little Nazi,aren't you?

You really are a perfect asshole, aren't you.

The kids were not there for any purpose but to use it as a short cut. Mall security wanted the kids to be given a traspassing notice.

So what? WTF are mall security and what gives them the right to stop and detain people who aren't committing any crimes?

They had no right to stop the kids to start with.

The Complaint does not appear to raise any constitutional challenge or to assert any challenge to the arrest regarding probable cause.

The Complaint alleges Negligence; Assault; and Outrage against Officer Williams.

Evidently, not even the Complainant's lawyer thinks he can sell that steaming pantsload.

He didn't have his hand around her throat?

No, he did not.

Still photo: Hand not on neck

You are consistent in what you want the law to be, but you are consistently wrong. She is required to comply with the commands of the officer.

He may escalate his force to whatever it takes to force her compliance. Resisting the officer in his duties is not self-defence.

You really are the perfect little Nazi,aren't you?

Godwin's law, or Godwin's rule of Nazi analogies, is an Internet adage asserting that as an online discussion grows longer, the probability of a comparison involving Nazis or Hitler increases … sooner or later someone will compare someone to Hitler or Nazism.

All that education,and not a speck of common sense or humanity.

Well that's certainly interesting. He was using a city police car & gas to moonlight a private job? And then as soon as he flips a switch in the car, he's automatically making overtime from the city?

The employer has to pay the police for the car and gas.

In Swiecicki v Delgado, 6th Cir 05-4036 (15 Sep 2006), the court addressed the subject of when an off-duty police officer, in uniform acting as a security officer, is a state actor acting under color of state law.

http://caselaw.lp.findlaw.com/data2/circs/6th/054036p.pdf

[excerpt]

Here, we believe the record establishes that Delgado was a state actor from the beginning of the incident in question because he “presented himself as a police officer.” Parks, 395 F.3d at 652. Our conclusion is based not only on Delgado’s attire, badge, and weapons, but also on the fact that Delgado told Swiecicki that “[w]e can either do this the easy way or the hard way.”

Actually looking at it again, she does make a move on the bike, but she may not have been trying to leave. She may have been getting off the bike, or maybe just wanted to move the bike away a couple feet from between the 2 cops before dismounting. Or maybe she really was trying to leave.

http://komonews.com/news/local/tasered-teen-it-felt-like-electricity-running-through-my-veins-11-21-2015

Tasered teen: 'It felt like electricity running through my veins'

By Elisa Jaffe
KOMOnews.com
Tuesday, February 10th, 2015

[excerpt]

Before the officer could write anything down, Tillman admits she tried to ride away. That's when he grabbed her.

No, he did not.

Still photo: Hand not on neck

Still photo was from 1:18 of the video clip.

Check out video at about 1:06. You'll see he's got his other arm (right) which does appear to be at the girl's throat. Because the camera was panning them back into view, it's only visible for a second before the cop lowers his hand to her upper chest. We cannot tell how long his hand was at or near her throat.

Just because he was not choking the girl at 1:18 does not prove he was not choking her at 1:06. You are obviously bias in favor of the cops, which is fine, but certainly you know better than to say the still photo proves a negative.

Tillman admits she tried to ride away.

If she admits it, then fine.

So even though it is private, people are welcome to come on to the property and enter the buildings without need of special authorization from the owner, as is needed in the case of a private home.

But people may be ordered to leave and not come back. The people are welcome to enter to use the private property for the purpose for which it was intended, with good behavior.

But people may be ordered to leave and not come back.

But not unilaterally. Disinviting orientals from mall property would generate a discrimination lawsuit in a heartbeat, which is not the case for a homeowner having a private party.

So even though mall property is private, the owners of the property are limited in who and for what reasons people could be barred from entering.

The people are welcome to enter to use the private property for the purpose for which it was intended, with good behavior.

Agreed.

Simple question then. If it's wrong, then why isn't the city being sued by the family of the 15 year old? Why instead are they suing the cop, the mall, and the security company that is paying the cop?

Because if they admit that the officer was acting in an official capacity, he has qualified immunity from civil suit. They don't think they can win suing the city.

Look at the Complaint. The Complaint does not appear to raise any constitutional challenge or to assert any challenge to the arrest regarding probable cause. The city already acted to clear Officer Williams and stated he could have lawfully used more force.

The Complaint alleges Negligence; Assault; and Outrage against Officer Williams.

Rather than give her information, the young lady decided to give a ration of shit and pedal away.

Without audio, how do you know this to be the case?

The video and her statement to KOMO News in 2015.

On further review, she may not have been trying to leave the scene, but only dismount from the bike, perhaps first manuvering out from between the 2 cops. If she was trying to leave, she certainly didn't try to get a jump start on them.

http://komonews.com/news/local/tasered-teen-it-felt-like-electricity-running-through-my-veins-11-21-2015

Tasered teen: 'It felt like electricity running through my veins'

By Elisa Jaffe
KOMOnews.com
Tuesday, February 10th, 2015

[excerpt]

Before the officer could write anything down, Tillman admits she tried to ride away. That's when he grabbed her.

Is there any audio recording of the discussion that took place before she tried to leave?

But not unilaterally.

Yes, unilaterally. The owner, or his agents, did not need permission from anyone to disinvite the yoots.

They cannot banish for a purpose such as discrimination.

Check out video at about 1:06. You'll see he's got his other arm (right) which does appear to be at the girl's throat.

At 1:06 it is too fuzzy for me to clearly see. At 1:07 it appears his hand is on her throat. At 1:08 it appears his hand has been lowered to approximately where it is seen at 1:18.

I was referring not to her riding away, but to your assessment that she gave the cop a "ration of shit" first.

Is there any audio recording of the discussion that took place before she tried to leave?

There is no audio. There is video. And there is the police report. And the 2015 KOMO newspaper article.

http://komonews.com/news/local/tasered-teen-it-felt-like-electricity-running-through-my-veins-11-21-2015

Tasered teen: 'It felt like electricity running through my veins'

By Elisa Jaffe
KOMOnews.com
Tuesday, February 10th, 2015

[excerpt]

The officer looks to take out a note pad to write down information. Tillman said she didn't have identification and thought she was being racially profiled and told the officer that. Before the officer could write anything down, Tillman admits she tried to ride away. That's when he grabbed her.

"I did have a bit of an attitude, but that's because it was a waste of my time. I hadn't done anything wrong," she said.

The police report described the kids cutting off cars earlier, swearing and yelling at anyone who honked at them, and that the mall wanted them stopped and given a trespassing notice.

"I felt like they just see me as some black kid wanting to cause problems or something. And it was nothing like that," said the 11th grader.

The report claims Tillman, who says she's a straight A student at Bates Technical High School, became belligerent, swearing, screaming, and resisting until she was Tased by the Tacoma officer.

Or, as Matt Agorist puts it in the main thread article,

Knowing they’d done nothing wrong, Monique attempted to explain to the officer that they cut through the parking lot all the time on their way home. However, this tyrant was having nothing of it.

I suppose one may look at the video and see a yoot calmly explaining that she had done nothing wrong, and that they do it all the time. The video I see shows the yoot, who by her own admission, had a bit of an attitude, and decided to just pedal away.

There is no lie you won't tell and no truth you won't stretch to the limits in order to provide excuses for cowardly thugs with badges.

If you can’t do this, then you need to stop with the unfounded accusations. There would be no need for your ad hominem attack on my character if you would familiarize yourself more with the case at hand and attack the substance itself … not me.

The mall owners, the owners of the private property mall parking lot, were never going to call tow trucks to tow off the kids bicycles.

Are you sure of that. Looks to me like they were prepared to call in air strikes.

After all,it was private property and they were being invaded,right?

This shopping center parking lot belonged to the mall owner and was private property.

I know you specialize in being an anal even for someone that loves to pick nits,but show me ONE example of a open mall with "No trespassing" signs designed to keep the public out without written or oral permission.

The police officer was working the parking lot as a hired security officer. The mall management has direct contact with its security officers. He knew what was happening because the mall management told him and instructed him what to do.

How did mall management know. Are they psycic?

Mall security requested the action. They did not have to call themselves.

BullBush! Are you seriously claiming mall management,who are sitting in their offices inside the mall building,were aware of and notified that asshole cop of two kids riding bicycles across the parking lot in time for them to radio the asshole cop and for said asshole cop to stop the kids before they could cross the parking lot while riding bicycles?

Do you also believe in the tooth fairy?

Good to know you think police departments work for mall owners.

Good to know you are an asshole.

That would be you,bubba. No one but an asshole defends cops that taze teenage girls.

You really are the perfect little Nazi,aren't you?

You really are a perfect asshole, aren't you.

Truth hurts,huh?

BTW,your idols,the Nazi's,were also following the law. Bet that gives you the warm and fuzzies wood,doesn't it? After all,weren't the owners of Germany,the Nazi's using their authori-tay to force the Jews off their private property?

Still photo: Hand not on neck

Are you serious? ONE still photo of the cop with his hand on her chest proves he never had his hand on her neck,DESPITE the video clearly showing his hand was on her throat before it went to her chest?

What next,you going to show us a still photo of the storm trooper shaving before going to work to be a mall cop,and claiming that is also proof he didn't have his hand on her neck?

You have an industrial-sized case of Asperger's Syndrome,don't you?

How long have you had the problem of carrying on a discussion with educated people?

I don't have any problem at all discussing issues with educated people. What does that have to do with conversing with a boot-licker like you?

Before the officer could write anything down, Tillman admits she tried to ride away. That's when he grabbed her.

That's the way it looked to me.

Is there any audio recording of the discussion that took place before she tried to leave?

Isn't it typical these days for every word a cop says to a suspect,and every word the suspect says to the cop to be automatically recorded?

Maybe not in small town 3 deputy PD's,but surely in big cities like Tacoma.

The Complaint does not appear to raise any constitutional challenge or to assert any challenge to the arrest regarding probable cause.

Stinky Peter and all the other drug loving agenda posters are one-trick-ponies. Every officers actions must me a constitutional violation. When you love drugs, and it's the job of law enforcement to enforce drug laws, then it's the job of the drug lover to wage war against the cops. Their WAR IS A FAILURE. The was against cops. That's why they always act like assholes and yella everything.

The mall owners, the owners of the private property mall parking lot, were never going to call tow trucks to tow off the kids bicycles.

Are you sure of that. Looks to me like they were prepared to call in air strikes.

After all,it was private property and they were being invaded,right?

Yet another stupid statement from you … as least this one is mild.

You can't loose an online debate gracefully and admit that you are wrong,

You have to become irrational to cover your embarassing defeat.

That always happens with you.

Oh, well …

The police officer was working the parking lot as a hired security officer. The mall management has direct contact with its security officers. He knew what was happening because the mall management told him and instructed him what to do.

How did mall management know. Are they psycic?

No, Pete ... they are psychic.

Communication is important to security officers and law enforcement officers .

Often, they need to relay messages and information further than would otherwise be possible via verbal means.

In order to achieve this, a security officer has a number of tools at his/her disposal.

There are such things as the mobile phone, short message service, Morse code (not so common these days) and of course, the radio.

Ever hear about that new nee fangled contraption called, a radio … Pete?

How long have you had the problem of carrying on a discussion with educated people?

I don't have any problem at all discussing issues with educated people. What does that have to do with conversing with a boot-licker like you?

“There you go again” reverting to the use of yet another ad hominem fallacy.

You loose the discussion and revert to an irrelevant perceived characteristic.

Generally, intelligent and educated people do not make such assertions.

Well, at least not the normal internet trolls.

But then, whoever said that you are normal …

Before the officer could write anything down, Tillman admits she tried to ride away. That's when he grabbed her.

That's the way it looked to me.

Well at least your eyes function, although you brain is half dead.

She was fleeing the scene and the officer had the right to detain her.

Geeze ...

BTW,your idols,the Nazi's,were also following the law. Bet that gives you the warm and fuzzies wood,doesn't it? After all,weren't the owners of Germany,the Nazi's using their authori-tay to force the Jews off their private property?

There you go again.

You simply can't stay on topic.

Your "BTW" has absolutely nothing to do with actions involving the girl's arrest.

Well, I guess I can understand your diversion ... you have nothing to intelligent to add to the discussion.

But, what did you ever add that was intelligent ...