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Armed Samaritan sued for saving Officer

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,946
Location
Cincinnati, Ohio, USA
IC 35-44.1-3-3
Refusal to aid an officer
Sec. 3. A person who, when ordered by a law enforcement officer to assist the officer in the execution of the officer's duties, knowingly or intentionally, and without a reasonable cause, refuses to assist commits refusal to aid an officer, a Class B misdemeanor.
As added by P.L.126-2012, SEC.54.
If the officer yelled help she will win.
 

SFCRetired

Regular Member
Joined
Oct 29, 2008
Messages
1,764
Location
Montgomery, Alabama, USA
IANAL, but, as I understand the law in my state, if a person has good reason to believe another's life is at risk, then they are justified in using deadly force. It does not matter whether the person yelled for help or not. I think, and, again, IANAL, that falls into the fictitious "reasonable person" category so beloved of the law and lawyers.

I would have thought, however, that, given the circumstances surrounding this lady's use of deadly force, that she would have had some degree of immunity from a civil suit. Pretty sure that, here in Alabama, she would have had that immunity.

Now, I've got to research the law again!
 

WalkingWolf

Regular Member
Joined
Jul 31, 2011
Messages
11,930
Location
North Carolina
There is no way they will win, unless hell actually freezes over. This is a pure case of harassment of the women, and if Indiana is like NC the plaintiffs will find themselves surprised when they are then responsible for ALL her legal costs. I am baffled by the attorney unless they just figure the state will cough up a settlement, I hope they don't.
 

solus

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Joined
Aug 22, 2013
Messages
9,315
Location
here nc
Ok, now a radio call comes over the air at 1230PM about a “disheveled man” in a “suspicious vehicle” and a conservation officer who is off duty in his marked car, responds gets into an altercation with a 25yo. JQPublic citizen shoots the suspect, killing him. ISP investigation clears JQPublic citizen.

“What we understand is our guy was parked legally in front of someone’s house. It was taken out of context. The off-duty officer engages him and the woman comes out and shoots him,” said attorney Blake Maislin in an interview with Fox 19 Now.

Sgt Bill Halbig, of the Aurora Police Department, believes the lawsuit is “ridiculous.” Halbig is now leading the charge to raise money for Jaehnen’s legal defense. He started a GoFundMe page. Thus far, it’s raised over $25,000.

Of course the conservation officer unequivocally states he 'feared for his life' however, perhaps instead trying to take down Mr. Holland by himself since the call involved a 'disheveled suspect' the officer might have waited for backup to assist in Mr. Holland's arrest, especially since the nice LEs had the opportunity to get Holland's background before encountering Mr. Holland up close and personal.

Finally, I might react a bit negatively to some bloke from conservation stepping up to screw with me wanting to play twenty questions!
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,946
Location
Cincinnati, Ohio, USA
Ok, now a radio call comes over the air at 1230PM about a “disheveled man” in a “suspicious vehicle” and a conservation officer who is off duty in his marked car, responds gets into an altercation with a 25yo. JQPublic citizen shoots the suspect, killing him. ISP investigation clears JQPublic citizen.

“What we understand is our guy was parked legally in front of someone’s house. It was taken out of context. The off-duty officer engages him and the woman comes out and shoots him,” said attorney Blake Maislin in an interview with Fox 19 Now.

Sgt Bill Halbig, of the Aurora Police Department, believes the lawsuit is “ridiculous.” Halbig is now leading the charge to raise money for Jaehnen’s legal defense. He started a GoFundMe page. Thus far, it’s raised over $25,000.

Of course the conservation officer unequivocally states he 'feared for his life' however, perhaps instead trying to take down Mr. Holland by himself since the call involved a 'disheveled suspect' the officer might have waited for backup to assist in Mr. Holland's arrest, especially since the nice LEs had the opportunity to get Holland's background before encountering Mr. Holland up close and personal.

Finally, I might react a bit negatively to some bloke from conservation stepping up to screw with me wanting to play twenty questions!
Solus, you must realize that parking legally in front of someone’s house is a suspicious act that deserves aggressive investigation.
 

HP995

Regular Member
Joined
Dec 5, 2012
Messages
730
Location
MO, USA
I can't stand druggies, they are a scourge. But we non-druggies may be in big trouble on a bad hair day or after a big work day if “disheveled” gets so much weight.

There are some very well-dressed people in the drug trade and other criminal lines of work with nice little families in the best houses. I look very low class compared to those VIP criminals, and I get the impression that some of them are on good terms with the police, because they are thriving right under their noses, along with their neighbors the rich snazzy scammers. On the flip side, we know that some police departments overlook certain groups of disheveled druggies and criminals, and feel like they should get a medal for doing so. Go figure.

Once the guy is "impaired" on drugs, he can't be expected to respond predictably or safely. That's why "impaired" is a problem in the first place. The officer wasn't thinking this through very well.
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,946
Location
Cincinnati, Ohio, USA
I can't stand druggies, they are a scourge. But we non-druggies may be in big trouble on a bad hair day or after a big work day if “disheveled” gets so much weight.

There are some very well-dressed people in the drug trade and other criminal lines of work with nice little families in the best houses. I look very low class compared to those VIP criminals, and I get the impression that some of them are on good terms with the police, because they are thriving right under their noses, along with their neighbors the rich snazzy scammers. On the flip side, we know that some police departments overlook certain groups of disheveled druggies and criminals, and feel like they should get a medal for doing so. Go figure.

Once the guy is "impaired" on drugs, he can't be expected to respond predictably or safely. That's why "impaired" is a problem in the first place. The officer wasn't thinking this through very well.
Those drug pushers are big pharma and their protection racket is the FDA.
 

Griz

Regular Member
Joined
Feb 14, 2010
Messages
315
Location
, ,
I can't stand druggies, they are a scourge. But we non-druggies may be in big trouble on a bad hair day or after a big work day if “disheveled” gets so much weight.

She coulda shot Gary Busey from that description.
 

Brian D.

Regular Member
Joined
Jul 27, 2007
Messages
937
Location
Cincy area, Ohio, USA
Ok, now a radio call comes over the air at 1230PM about a “disheveled man” in a “suspicious vehicle” and a conservation officer who is off duty in his marked car, responds gets into an altercation with a 25yo. JQPublic citizen shoots the suspect, killing him. ISP investigation clears JQPublic citizen.

“What we understand is our guy was parked legally in front of someone’s house. It was taken out of context. The off-duty officer engages him and the woman comes out and shoots him,” said attorney Blake Maislin in an interview with Fox 19 Now.

Sgt Bill Halbig, of the Aurora Police Department, believes the lawsuit is “ridiculous.” Halbig is now leading the charge to raise money for Jaehnen’s legal defense. He started a GoFundMe page. Thus far, it’s raised over $25,000.

Of course the conservation officer unequivocally states he 'feared for his life' however, perhaps instead trying to take down Mr. Holland by himself since the call involved a 'disheveled suspect' the officer might have waited for backup to assist in Mr. Holland's arrest, especially since the nice LEs had the opportunity to get Holland's background before encountering Mr. Holland up close and personal.

Finally, I might react a bit negatively to some bloke from conservation stepping up to screw with me wanting to play twenty questions!

That plaintiff's attorney literally has his face and phone number plastered on billboard ads all over the highways of SW Ohio. There's no ambulance he wouldn't chase.
 
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