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Burglar sues men who captured him, claims rough citizens arrest

jamesrage

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I wonder what piece of **** ambulance chaser took this case.

Burglar sues men who captured him, claims rough citizens arrest - St. Petersburg Times
ST. PETERSBURG — One October day in 2007, a homeless man broke into a car and stole a bike.

He didn't get very far.

Within minutes, that man, Michael Dupree, was caught trying to sell the bike down the street. He was arrested and sent to jail. Now, he wants payback.

Dupree, who is serving a 12-year prison sentence for burglary and cocaine possession, has filed a lawsuit against three men who helped police take him down.

Dupree says he's the victim of a rough citizens arrest, and was assaulted and battered by the men. He is seeking $500,000 and punitive damages.
 

apdst

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It'll be a sad day in our nation, if the judge doesn't laugh this asshole right out of the courtroom.
 

Moon

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It'll be a sad day in our nation, if the judge doesn't laugh this asshole right out of the courtroom.
I doubt that will happen, and it wouldn't surprise me if he won.
 

1069

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I wonder what piece of **** ambulance chaser took this case.

Burglar sues men who captured him, claims rough citizens arrest - St. Petersburg Times
ST. PETERSBURG — One October day in 2007, a homeless man broke into a car and stole a bike.

He didn't get very far.

Within minutes, that man, Michael Dupree, was caught trying to sell the bike down the street. He was arrested and sent to jail. Now, he wants payback.

Dupree, who is serving a 12-year prison sentence for burglary and cocaine possession, has filed a lawsuit against three men who helped police take him down.

Dupree says he's the victim of a rough citizens arrest, and was assaulted and battered by the men. He is seeking $500,000 and punitive damages.
Well, honestly; it was a non-violent crime, and I don't think it's the place of random citizens to beat and injure him.
He had not been proven guilty in a court of law.
If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.

But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.

I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.
There's a lot we don't know, such as how badly the plaintiff was injured.
 

Renae

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He's representing himself, those rarely go further then a day in court.
 

TurtleDude

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It'll be a sad day in our nation, if the judge doesn't laugh this asshole right out of the courtroom.
He ought to subject counsel to a Rule 11 violation and make the shyster pay the defense attorney fees
 

TurtleDude

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Well, honestly; it was a non-violent crime, and I don't think it's the place of random citizens to beat and injure him.
He had not been proven guilty in a court of law.
If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.

But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.

I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.
There's a lot we don't know, such as how badly the plaintiff was injured.
I believe that when someone engages in a felony against others, he should be debarred from suing the victims in civil court.
 

Renae

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Well, honestly; it was a non-violent crime, and I don't think it's the place of random citizens to beat and injure him.
He had not been proven guilty in a court of law.
If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.

But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.

I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.
There's a lot we don't know, such as how badly the plaintiff was injured.
How SCARY you are 10, I mean that. These guys should get a medal for removing a scumbag from the streets. Not made into an example because you don't like that Citizens might GASP! Act without Gov't!!!
 

Jetboogieman

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It'll be a sad day in our nation, if the judge doesn't laugh this asshole right out of the courtroom.
What the goddamn is happening to this universe when I agree with not only 10, but Apdst as well? Did someone divide zero by infinity?

I think I agree with 10 to a certain degree, it does set a bad precedent. But at the same time, if someone tried to steal my **** that I had worked and paid for and looked after, I'd find it very hard to hold myself back from beating that guy down.
 

1069

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How SCARY you are 10, I mean that.

You have no idea how "scary" I am.
Would you like to take a Sunday drive and find out?
I live less than an hour away from you.

Or perhaps you could can the inexplicable personal remarks and debate the topic at hand.
There's a novel idea, eh?
Nobody thinks you're tough for baiting someone you will never have to face in real life
No one is at all impressed.
 

Agent Ferris

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Well, honestly; it was a non-violent crime, and I don't think it's the place of random citizens to beat and injure him.
It was a non-violent crime but it wasn't a victimless crime by all rights the owner of the bicycle had every right to use deadly force to secure the attempted infringement of his property.

He had not been proven guilty in a court of law.
He was caught in the act.

If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.
If you infringe or attempt to infringe upon my right of property I should have the right to kill you. That goes for individuals as well as for the state stormtroopers.

But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.
I think citizen defense of property rights sets and excellent example and one which should be followed by all.

I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.
If the ward of the state rules in his favor he should get a bullet in his head for being the enemy of liberty.
 

Renae

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You have no idea how "scary" I am.
Would you like to take a Sunday drive and find out?
I live less than an hour away from you.

Or perhaps you could can the inexplicable personal remarks and debate the topic at hand.
There's a novel idea, eh?
Nobody thinks you're tough for baiting someone you will never have to face in real life
No one is at all impressed.
WTF are on about?

I wasn't baiting you. I find it SCARY that someone would want to make an example of honest Citizens because they dared stop a criminal instead of letting the police do it.

THAT SCARES ME.

I can't believe you consider that a personal attack or insult, for in no way was it.
 

apdst

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Well, honestly; it was a non-violent crime, and I don't think it's the place of random citizens to beat and injure him.
He had not been proven guilty in a court of law.
If he was resisting arrest and the police had to rough him up in order to take him down, that's one thing. They are within their rights to do so, I suppose. Whatever it takes to subdue him.

But I think it sets a bad precedent for the legal system to condone citizens beating other citizens with impunity, simply because they perceive them to be in the act of committing a property crime.

I feel the judge probably will not rule in favor of this plaintiff, but I think he/she should, if only to discourage citizens from this sort of vigilantism in the future.
There's a lot we don't know, such as how badly the plaintiff was injured.
If more random citizens beat and injured thieves, there would be fewer thieves.
 

TurtleDude

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Those who attempt to infringe upon the property rights of the individual should be shot on site.
I remember some lib got into a debate with a friend of mine-a quiet humble man who happened to have done three tours with the Special Forces in the Nam. One day the topic of whether it was justified to shoot someone merely stealing property out of an occupied home. Putting aside the fact that its fair to assume that someone breaking into an occupied home means to do the dweller harm, the libs noted nothing my friend owned was worth killing someone oover. TO which my friend replied, that if your life was so valuable than you shouldn't risk losing it over much less valuable property.

I don't believe those who intentionally engage in felonious acts against others should be anything other than fair game.
 

TurtleDude

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If more random citizens beat and injured thieves, there would be fewer thieves.
true, I once had to shoot a mugger. when the other would be muggers got the news of how many people in the county had carry permits there wasn't another attempted mugging for months.
 

1069

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It was a non-violent crime but it wasn't a victimless crime by all rights the owner of the bicycle had every right to use deadly force to secure the attempted infringement of his property.

Of course it wasn't a victimless crime.
It was a non-violent property crime.
I see no reason for random citizens to respond to non-violent crimes with violence, if that is in fact what they did.
I see no reason for the police to respond to non-violent crimes with violence, either, although I understand it is necessary for them to use whatever force is necessary to take the suspect into custody.
 

Agent Ferris

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Of course it wasn't a victimless crime.
It was a non-violent property crime.
I see no reason for random citizens to respond to non-violent crimes with violence, if that is in fact what they did.

The individual should have the right to defend his property using any means necessary.

I see no reason for the police to respond to non-violent crimes with violence, either, although I understand it is necessary for them to use whatever force is necessary to take the suspect into custody.
If the individual was allowed the means necessary to defend his life, liberty, and property from the aggressions of other men then there would be no need for the state racketeering scheme known as the police department.
 

Your Star

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This is basically Batman..err vigilante justice. The main question is do you trust regular people to pursue criminals, or do you leave that to the police. Personally I would leave that to the police in a case like this, but I don't the criminal should get a dime for this though.
 

Caine

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This is basically Batman..err vigilante justice. The main question is do you trust regular people to pursue criminals, or do you leave that to the police. Personally I would leave that to the police in a case like this, but I don't the criminal should get a dime for this though.
Its not vigilante justice.
The subjects captured the criminal and turned him over to police.

Its people standing up to thugs and not waiting for the police to be capable to act. Once that moment is gone, and that guy is not identified immediately, an investigation probably won't go very far.
They didn't thrown him in a prison of their own making for 12 years without a trial.... they didn't murder him. They didn't sentence him to probation and force him to check in with them on their own....

They did not convict him. They only kicked his ass to ensure he stayed put until police arrived. As a police officer I find nothing wrong with this scenario (unofficially). The OFFICIAL response of a cop is to let the police handle the matter and don't risk harming yourself.

The unofficial answer is that police love this ****.
 

apdst

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This is basically Batman..err vigilante justice. The main question is do you trust regular people to pursue criminals, or do you leave that to the police. Personally I would leave that to the police in a case like this, but I don't the criminal should get a dime for this though.
That's easy to say when it's not your crap being ripped off.
 

Lord Tammerlain

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Those who attempt to infringe upon the property rights of the individual should be shot on site.
I like that idea,

I always wanted to be able to shoot the kids that violated my property rights to get their football that they accidently threw in my yard
 

apdst

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I like that idea,

I always wanted to be able to shoot the kids that violated my property rights to get their football that they accidently threw in my yard
If it's their football, then they aren't infringing on your property rights. Correct?

You do understand what property rights are, yes?
 

Thorgasm

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If they were kicking him while they had him subdued that would be a different story. It sounds like they used appropriate force and the burglar is being a bitch.
 

MaggieD

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I believe that when someone engages in a felony against others, he should be debarred from suing the victims in civil court.
That'd never fly. And it shouldn't.

First and foremost, there are very specific laws relating to citizen's arrest....when they can be made, how they can be made, etc. In many states, had the car window not been broken (in other words, the car was unlocked), it would have been a misdemeanor. Many states only allow citizen's arrests in the case of a felony. (Which this was, so it's immaterial.)

I don't know about this lawsuit; frankly, the details are sketchy. In fact, I don't even see that the state of Florida has a statute permitting citizen's arrest. They may permit them in all felony cases. They may permit them if one is apprehended inside of a store, for example. Orrrr, they may not permit them at all.

In any case, in a citizen's arrest, the "citizen" does NOT enjoy the same protections a law enforcement officer does in effecting it. Frankly, if I were on the jury in this case, I would really raise my eyebrows that three citizens were involved in detaining this (apparently unarmed) guy -- and that one of them pointed a gun at him. Threat of deadly force over a bicycle is waaay over the top. These citizens are no doubt going to be punished whether they are found to be liable or not. Defending oneself against such a lawsuit, even if it's dismissed quickly, costs a small fortune. You can be sure that the judge will give this claimant lots of latitude because he's pro se.

I think they're in trouble myself.
 
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