He's in there somewhere....

[wesw]

burn his office and run him down, gob?

the guy who is always on about the 2nd amendment says this?

hmmmmm

[Gob]

I wouldn't shoot him?

[liberty]

Don't forget, a police department is immune anyway as an entity of the sovereign government. So there is no liability as a matter of law. Sovereigns can be liable for negligence only when they agree to allow to be sued (as in most state and the federal tort claims act), but that negligence is limited in scope and damages are capped.

Guin, how can a city be a sovereign government; it is not even mentioned in the US constitution. I can’t see where the eleventh amendment covers cities. Is not a city a municipal corporation created or authorized by the state? They should be financially responsible for all that their employee do or don’t do, when the they have a duty to act, the same as any other cooperation.

[liberty]

Uh, lib... the first two words in the OP

GREENWOOD VILLAGE, Colo

What's your best guess as to whether that's in Australia or not?

.

[/quote]

[wesw]

nah, you wouldn t shoot him. you wouldn t run him over either, not for that. you re a good guy. you might punch him in the face, but that s life.

most of us don t shoot people when bad things happen, the ones that do would use a car or a knife just as quickly.

pretty much every man and many of the women I know have guns. we don t shoot people. we would shoot people that came to harm us tho, so people don t come to harm us that often.

I don t what those crazy city folks are doin' , they ought to be locked up if they shoot each other over disrespect or drug turf

[Guinevere]

Don't forget, a police department is immune anyway as an entity of the sovereign government. So there is no liability as a matter of law. Sovereigns can be liable for negligence only when they agree to allow to be sued (as in most state and the federal tort claims act), but that negligence is limited in scope and damages are capped.

Guin, how can a city be a sovereign government; it is not even mentioned in the US constitution. I can’t see where the eleventh amendment covers cities. Is not a city a municipal corporation created or authorized by the state? They should be financially responsible for all that their employee do or don’t do, when the they have a duty to act, the same as any other cooperation.

Because the Great and General Court of the Commonwealth of Massachusetts (that's the legislature) has said so. In Massachusetts, cities and towns are subject to liability for negligent acts or omissions of its employees (acting within the scope of their official duties), under the Mass Torts Claim Act (M.G.L. chapter 258). Thus, under the statutory scheme, they are immune from liability for the 10 exceptions to liability as set forth in that statute:
1. Due care in the exercise of the law
2. Discretionary functions
3. Intentional torts
4. Tax collection
5. Property inspections
6. Issuance/processing of permits and licenses
7. Police duties
8. Fire duties
9. Releases from custody
10. Failure to prevent harm

The police action in the OP would be immune under "due care," "discretionary function," and "police duties."

[Big RR]

And this exemption for cities, towns, and villages has existed at common law as well for centuries.