Cop Fights Bum At Starbucks Gets Disabled

[Ugly Hombre]

http://newyork.cbslocal.com/2018/04/26/nypd-sergeant-sues-starbucks/

***"On September 28th, 2017, Wall responded to a call for “a disturbed and violent individual” at the popular coffee shop at 39th Street and 8th Avenue. It’s a spot Wall says is notorious for complaints of harassment from disorderly men.

“Assaults at the(Starbucks) location, drug use in the bathroom,” he said.

On that particular day it was a 24-year-old homeless man who was making threats, unhappy with the free croissant he had just gotten from employees.

“He said he wanted to kill everyone at the location,” Wall said. “He went to grab the bag stating he was going to kill everyone… We didn’t know what was in the bag, so we couldn’t take the risk.”

While restraining the combative man, Wall says his shoulder popped out of its socket and stayed that way for 45 minutes. He had surgery in February and now goes to physical therapy three times a week."***

Don't feed the Bums-

A lot of weird in this story the Cop tried to take down the Bum- got hurt and is now sueing Starbucks?

Why not sue NYC for importing Bums and protecting them?

Why not Taze or Mace the Bum? (Shooting Bums is out of the question. Modern times you know)

If you respond to a Bank robbery and get hurt is it the banks fault?

Starbucks is a kind of a mother ship for bums- they are a problem for the workers- they hang out there to get warm and use the wifi, do all kinds of wacky chit. Take a bath in the rest room etc.

I like to go to Starbucks read Elmer Keith and have a black coffee and observe the strange creatures. lol

 

[Mobuck]

I don't get it. You voluntarily take a job known to have risks. You get hurt on the job. I'm not making any assumptions as to whether the injury was preventable. THEN you sue the business where the incident occurred?

 

[GP100]

Don't feed the Bums-

A lot of weird in this story the Cop tried to take down the Bum- got hurt and is now sueing Starbucks?

Why not sue NYC for importing Bums and protecting them?

Why not Taze or Mace the Bum? (Shooting Bums is out of the question. Modern times you know)

Starbucks is a kind of a mother ship for bums- they are a problem for the workers- they hang out there to get warm and use the wifi, do all kinds of wacky chit. Take a bath in the rest room etc.

I like to go to Starbucks read Elmer Keith and have a black coffee and observe the strange creatures. lol

Let me guess.. Your a republican, a Conservative, and more than likely the other persuasion that goes along with that..

Nice love there for your fellow man..

 

[Ugly Hombre]

Let me guess.. Your a Democrat, a "Liberal", and more than likely the other persuasion that goes along with that..

You are virtue signaling how much you love your fellow man.

I don't buy it.

 

[GP100]

Let me guess.. Your a Democrat, a "Liberal", and more than likely the other persuasion that goes along with that..

You are virtue signaling how much you love your fellow man.

I don't buy it.

Actually no.. I'm not a damn liberal, or a democrat.. What I am, is sick and tired of jerks that think they are better than others, and have to sit there and make light of other people's misery in this damn world.. You can take your so-called "virtue signaling" whatever the hell that means, and shove it..

Just because someone is homeless, doesn't make them a "bum" as you call them.. And your right.. I have no love in my heart for ass wipes that have to poke fun at others, to get their damn jollies or kicks in this world.. It's people like that, that make others out there hate you and what you stand for.. You have to prove how much of a man you are, by laughing at other people's misfortune.. It's disgusting.. That doesn't make someone a man.. It makes them very small.. Almost like they are compensating for their lack of manhood..

Further, you have a few people on this board that are in fact homeless right now.. Which shows your lack of give a damn or respect about people when you make these comments.. I used to be one of those homeless people.. And I damn well take it personal. So personal in fact, I'll be happy to give you my address right here on this board. We can discuss it face to face if you like.. But I'm sure you would prefer to continue being a small man by making fun of people who can't defend themselves..

Your right.. I don't love very many of my fellow man.. To many of them are just like you..

 

[vito]

I truly doubt this will cost Starbucks anything as I don't think a jury will find them at fault for what this homeless man did. But I guess it is possible that they will settle the suit just to keep it out of the news after all of their recent bad publicity. As an LEO his injury will or should be covered by Workman's Compensation, and as such he might lose the right to sue anyone for other damages. But I'm not an attorney and not claiming to be giving out legal advice.

 

[redhawker]

Well, kind of strange if you ask me. If he was injured on duty it should be a workers comp thing and the city should be covering him with full pay while off duty and cover all medical related to it. If this is not happening then something is wrong but, as much as I dislike Starbucks, it's not their fault. The only angle I can see here against Starbucks is, maybe (and it would be a stretch), would be that they are attracting this type of problem by giving out croissants to them. However, the one suffering the "loss" would (should if it's being done right) be the city who has to pay for the officer's medical and pay while he's off duty.

 

[kmoore]

This type of suit if won, workmans comp. gets paid 1st. It might be a win if, the police have been there many times over the last year regarding the same problems and have made suggestions to the business to prevent the same problems. IE, the Star bucks knows their practice causes problems and they repeatedly call police to take care of the problem they some what started or allowed to happen. I did not read that the same guy has been a past problem that would also help the officers case. Because the business could have trespassed the guy but, may not have.
The police union could also provide a lawyer to sue the bad guy but, he will not have any money so, that is not worth it.

 

[Ugly Hombre]

http://www.dailymail.co.uk/news/article-5660541/NYPD-sergeant-blames-Starbucks-beating-store-handed-free-food-homeless-people.html

"The community-affairs officer, with the Midtown South Precinct, said in the suit that there had been as many as 80 disturbances at that branch in 2017, and that he and his colleagues repeatedly told managers at the branch to stop giving away food.

He said that cops were often called out to remove disturbed individuals who had got high on the second floor, urinated on seats or even assaulted patrons."

The story has made the international news

Yes-I don't see how the cop could win his case against Starbucks, if he responds to a crime and reacts to a threat to protect the public like what seems to have happened in this story.

That is his duty correct? "Sworn to protect the public"

Never heard of the police sueing a business owner for injuries received responding to a crime before. IMO Cops have a tough job dealing with such incidents damned if you do or don't.

Never heard of them sueing the person committing the crime before either.

http://newyork.cbslocal.com/2018/04/26/nypd-sergeant-sues-starbucks/

On that particular day it was a 24-year-old homeless man who was making threats, unhappy with the free croissant he had just gotten from employees.

“He said he wanted to kill everyone at the location,” Wall said. “He went to grab the bag stating he was going to kill everyone… We didn’t know what was in the bag, so we couldn’t take the risk.”

"While restraining the combative man, Wall says his shoulder popped out of its socket and stayed that way for 45 minutes. He had surgery in February and now goes to physical therapy three times a week.""


"As for the 24-year-old homeless man, he was arrested for assault that day but wasn’t in custody long. He was arrested again recently in connection to a string of burglaries."

The NYPD picked him up inside, of all places, a Starbucks."

 

[kmoore]

An typical example is a trouble bar. Police get called their every weekend, police say you need to deal with these minor issues, hire a bouncer. If not we file a close order with the people who gave you a license, your business is a proven trouble spot. (That is a short version of how and why it can be done and why many bars have bouncers).
Police are not punching bags to be illegally assaulted doing lawful police business. A law suit is just the civil part of law, open to all. I sued on 2 different times, once by myself the other I hired a lawyer. Mine were regarding careless driving by the other party. They had insurance, I Won both. Both settlements paid worker comp (hospital bills), gave back time off and patrol vehicle damage and lawyer in the 1 case before I got a dime.. Different states may have different laws.

 

[Ugly Hombre]

Interesting never knew that- thanks.

 

[wheelgun1958]

An typical example is a trouble bar. Police get called their every weekend, police say you need to deal with these minor issues, hire a bouncer. If not we file a close order with the people who gave you a license, your business is a proven trouble spot. (That is a short version of how and why it can be done and why many bars have bouncers).
Police are not punching bags to be illegally assaulted doing lawful police business. A law suit is just the civil part of law, open to all. I sued on 2 different times, once by myself the other I hired a lawyer. Mine were regarding careless driving by the other party. They had insurance, I Won both. Both settlements paid worker comp (hospital bills), gave back time off and patrol vehicle damage and lawyer in the 1 case before I got a dime.. Different states may have different laws.

Yet we cannot sue the LEO or the dept.?

 

[redhawker]

An typical example is a trouble bar. Police get called their every weekend, police say you need to deal with these minor issues, hire a bouncer. If not we file a close order with the people who gave you a license, your business is a proven trouble spot. (That is a short version of how and why it can be done and why many bars have bouncers).
Police are not punching bags to be illegally assaulted doing lawful police business. A law suit is just the civil part of law, open to all. I sued on 2 different times, once by myself the other I hired a lawyer. Mine were regarding careless driving by the other party. They had insurance, I Won both. Both settlements paid worker comp (hospital bills), gave back time off and patrol vehicle damage and lawyer in the 1 case before I got a dime.. Different states may have different laws.

Yet we cannot sue the LEO or the dept.?

Where did you get that idea? Happens every day. Just google "police lawsuits" and get back to us.

 

[blume357]

Yep, FBI agent told us in a seminar that if a police officer uses his gun he pretty much will be sued and they all carry personal liability insurance. On the face of it is seems the police officer is after some 'free' money but then when you dig deeper it just might be that he is making a statement for his fellow officers and trying to get Starbucks and that specific Starbucks to realize that they need to change their policies. Sometimes the only way to get the upper management of a corporation to hear what you are saying is to reach for their wallets.

 

[Selena]

OK, let me get this straight, someone was given free food but wasn't satisfied for whatever reason enough to threaten violence on all the people in the store. I can see putting Starbucks at fault in this. It's a reasonably forseeable consequence that giving anything to people with a sense of entitlement will lead to violence at some point.

Charity is all well & good, you can adjust your halo and wings to your concern about your fellow man until the cows come home. But when your charity puts others in danger it ceases to be charity and becomes an insult to the peace and dignity of your fellow man. It's time to put Marx away and go back to Rousseau.

 

[gramps]

Yes, workman’s comp (WC)will pay, by suing Starbucks, WC gets reimbursed, saving taxpayers money.
gramps

 

[blume357]

for those that just scanned the previous post.... the issue is that this Starbucks was repeatedly calling the police for help because of the problems they were having with the homeless folks they were helping out by giving them food. Putting aside all the issue we can or cannot have with that, I think the point was the police had pointed out repeatedly that if they were going to invite this kind of situation, which is going to occur, then they needed to provide their own full time security. I will agree with this...

 

[kmoore]

I gotta say wheelgun has bad legal advice, do not pay that guy anymore.
This is a short hand version, tort claims or lawsuits are filed likely everyday some where in the country against police officers and dept.. Remember the filing and finish is not done overnight.
Normally each officer involved is named along with the dept. Investigation takes place, if officers acted within the scope of their job, the dept. will likely cover them(pay for all costs) and they will not be personally sued as the case works through the system. That can change when the officer was found to have commited a crime. They may need to hire their own lawyer and face the suit as the defendant without help from the dept. But, none are the same and any combination of the above may happen.