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Cop Who Arrested Gates Not Ruling Out Defamation Lawsuit

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masuki bance Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:17 PM
Original message
Cop Who Arrested Gates Not Ruling Out Defamation Lawsuit
The White House today said that President Obama "regrets" the furor his remarks on the arrest of his friend Henry Louis Gates Jr. have caused, as the lawyer for the cop who arrested the black Harvard University professor said the officer may sue Gates for defamation.

...

Alan McDonald, who represents Sgt. James Crowley, said the veteran cop who teaches a racial profiling class for rookie police officers has not ruled out filing a defamation of character or libel lawsuit.

"He is exploring all of his options,'' McDonald told ABC News.

Though charges were dropped, Gates has loudly asserted his arrest was a result of racial profiling.

The arrest and subsequent storm of racially charged comments has enveloped the White House after Obama said on Wednesday the Cambridge police acted "stupidly" in arresting his friend, Gates, who is a prominent black scholar.

Police organizations and others across the country are lashing out at Obama for calling out the Cambridge Police Department.

In a press conference held by the Cambridge police unions and Massachusetts Municipal Police Officers Association to show support for Crowley, members said they hope Obama and Massachusetts Gov. Patrick Deval will apologize for their remarks. Crowley stood with them but remained silent.

"Cambridge police are not stupid," said Cambridge Police Patrol Officers Association President Stephen Killion. "When the time is right, they should make an apology to us, I think the president should make an apology to all law enforcement personnel." Union leaders also expressed concern about the dismissal of charges against Gates.

http://abcnews.go.com/Politics/story?id=8163051&page=1

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no_hypocrisy Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:18 PM
Response to Original message
1. Motion to dismiss will be granted. Opinion is a defense to defamation.
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masuki bance Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:27 PM
Response to Reply #1
3. Jonathan Turley opines-
"Gates could argue that this was merely an opinion uttered in the heat of the moment. However, the allegation continued to be made after the arrest and courts have rejected the use of the opinion defense when it is based on the assertion of a defamatory fact like racist motives."...

http://jonathanturley.org/2009/07/24/report-sgt-crowley-considering-defamation-lawsuit-in-gates-controversy/
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SemiCharmedQuark Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:19 PM
Response to Original message
2. It troubles me that the Cambridge Police Patrol Officers Association President is so stupid.
He can't tell the difference between an adjective (stupid) describing the officer and an adverb (stupidly) describing the action. I hope no apology is forthcoming.
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dave29 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:28 PM
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4. The man whom I arrested in his own house defamed me
Jesus Christ
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Leo The Cleo Donating Member (352 posts) Send PM | Profile | Ignore Fri Jul-24-09 01:28 PM
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5. This Is Crap
I hope he sues and gets laughed out of court.
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Cali_Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:35 PM
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6. Gates is the one who should be filing a lawsuit. n/t
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Aramchek Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:36 PM
Response to Original message
7. and he will lose. Just another stupid move on his part.
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Milo_Bloom Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:39 PM
Response to Original message
8. LMAO!!!!!
For what?

I Got news for them... expressing an OPINION is NEVER defamation. You need a false statement of FACT.

Saying someone "acted stupidly" is, by definition, an opinion because it isn't asserting a fact.. it is a judgment of action and thus, an opinion.

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kestrel91316 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:39 PM
Response to Original message
9. Cop to sue the victim of his FALSE ARREST for defamation? That's rich.
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BlooInBloo Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:40 PM
Response to Original message
10. DO IT! DO IT!
PLEEEEEEEASE???
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Political Heretic Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 01:41 PM
Response to Original message
11. Obama said he's a fine officer and a good man. If that's the case then perhaps he has standing?
Unless of course you disagree with Obama on this.
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Phx_Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 02:36 PM
Response to Original message
12. Good luck with that since it was said in the privacy of his home. n/t
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uponit7771 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 02:44 PM
Response to Original message
13. PUH-LEASE bring a motion, ....PUH-LEASE!!!
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depakid Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Jul-24-09 02:44 PM
Response to Original message
14. Oh lookey- a SLAPP suit in the works
Some things never change.
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