Update on Patricia Konie and Ashton O'Dwyer

Guys, this is the lady that we all saw with our own eyes on the footage from the london film crew, is it not? If so, we know it's true.

If she resisted and they used reasonable force to arrest her, that's fine with me.
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Say what? One is authorized by law to resist an unlawful arrest. She committed no crime; nor was she even ALLEGED to have committed a crime, near as I can tell - and that my friends is a rarity - so she was privileged to resist this clearly unlawful arrest.

She should have left when she was told and none of this would have ever happened. They were removing her from her home for a reason, not because they had nothing else to do.
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Double say what!? No, she shouldn't have left because this is America, and you don't have to leave your home, because the authorities have no right to remove you, hurricane or no hurricane, unless you've committed a crime. She had every right to choose to stay in her home. She had the forethought to be amply supplied, and there was no reason for her to leave. There was no lawful 'program' for her to get with. No, they were essentially removing and disarming her and others like her because they were too yellow-bellied to be out facing up to the looters and other roving bands of criminals, and so instead chose to try to justify their existence by going after the soft targets who won't shoot back. Ya know, the good guys who are law-abiding but are disobeying the illegal 'mandatory' evacuation.

The 'individuals' responsible are the mayor and police chief who ordered disarmament, and the governor of the state.

Oh, you're a cop. Thank goodness. You really had me worried there for a second that someone who had not drank the koolaid at the academy and come to love big brother was spewing such nonsense. Still, if the rank & file are under orders, they are not to blame - their superiors are - the captains, lieutenants & chiefs.
 
<<As I mentioned earlier, I don't have all the specifics on the case and I'm honestly not all that interested>>


K9, you really should look the vieo up on the internet. Even the reporter on the scene tried to say something about her having a gun, but it will make you sick to see about 4 huge cops jump on this obviously frail old woman.

There were many heroic deeds done by law enforcement officers during the crisis, but this wasn't one of them.
 
Bet I could phrase a lawsuit that would beat pre trial dismissal and survive an appeal.
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That's what plaintiffs attorneys said in South v Maryland, Riss v City of NY, Warren v D.C. et al. They were wrong.

Some, even recently have been able to beat the first appeal. But eventually, every one of them get reversed...some even at the USSC level. Don't kid yourself--or us.

To add to Mike Irwin's story, I had a close friend who had an accident on a mountain. Three months later he woke up unable to lift his arm above his head. Cracked scapula. They missed it on the X-ray.

Rick
 
I am not going to get into the physiology of it all, but it is not at all uncommon for a shoulder injury to require surgery several months post injury. In fact it is more common than the reverse. One reason, obviously, is physicians try to use the least invasive procedures first, and when those fail, they resort to surgery.

One thing is certain, if you don't want to injure an old woman, then you do not dog pile her. The way Mrs. Konie was taken into custody, even if it were legal, is simply outrageous. It seems as though today's officers treat every suspect/citizen as though they were Bonnie & Clyde. Old women are getting tazed, and tackled. How long is it going to be before a person is killed because of this? Will the apologists then say they deserved to die because they were noncompliant? I hope not.

All that being said, there was still no reason for the police to take Mrs. Konie into custody, or remain in her apartment after she asked them to leave. They should have given her a couple of gallons of water and checked on her the next day on their way to the 9th Ward.
 
On September 8th, 2005, defendants, acting under color of State law in an official capacity, and in violation of federal and state law, wrongfully trespassed on premises legally occupied by plaintiff at [address withheld], and committed the following additional torts against plaintiff, her person and her property:

a) Assault and battery, including using excessive force under the circumstances;

b) False imprisonment by illegally taking plaintiff into custody and transporting her to South Carolina, from which she did not return to New Orleans until October 13th, 2005;

c) Intentional infliction of emotional distress; and

d) Conversion of legally owned property, to wit, a chrome 32 caliber Colt Revolver, with a pearl handle, which has not been returned to plaintiff.

By virtue of having committed the above-identified torts against plaintiff and her property, defendents violated rights, privileges, and immunities guaranteed to plaintiff under the Second, Fourth and Fourteenth Amendments of the United States Constitution, all in violation of 42 USC 1983.

In addition, certain of the defendents conspired to deprive plaintiff of rights, privileges and immunities guaranteed to plaintiff by the United States Constitution, all in violation of 42 USC 1985.

Further, certain of the defendants, who had full knowledge of their colleagues' conspiring to violate, and actually violating, plaintiff's constitutional rights, and committing torts against plaintiff's person and property, failed to intervene, all in violation of 42 USC 1986.

Defendants' acts and omissions were practiced with malice and/or with reckless disregard for plaintiff's federally protected rights, as well as her rights under state law.

As a direct result of the above-described tortious and illegal conduct by defendants, plaintiff sustained severe and disabling personal injuries, including injuries to her face, nose, left eye, left shoulder, left arm, and chest, among other injuries to her mind and body, for which surgery may be necessary, and causing plaintiff excruciating pain, suffering, mental anguish, humiliation, and embarassment.
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The court has issued a summons for the defendants.
The case is before Judge Martin Feldman and Magistrate Judge Daniel Knowles III.
 
The officers involved, at the very least, should be fired, charges filed for Breaking and entering, criminal trespass, Aggravated Assault, kidnapping, theft of property, violation of civil rights. Also, at the very least, these officer shoud get jail time for this.. I wont hold my breath, we know how these things end up.
 
k9lwt.

I belive the fella who came up with the 2nd ammendment was concerned about the folks who delivered your training.

I truly hope that you are not the mindset of the rest of the LEO's that peruse this board, but the I haven't heard a one critique your comments.:confused:
 
I truly hope that you are not the mindset of the rest of the LEO's that peruse this board, but the I haven't heard a one critique your comments.
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It's an LEO thread. I don't know about the other cops on this board, but I wouldn't open a single LEO thread around here if I wasn't a staff member.

LawDog
 
Quote:
" It's too bad she was injured-that should go without saying. If she resisted and they used reasonable force to arrest her, that's fine with me. I don't know all the specifics of the case and I assume you don't either. Because she appears to be a frail old woman and she decided not to go with the program, she would be more susceptible to injury.

This appears to be a case of a lawyer doing his/her job in making their client look like a completely innocent victim and the authorities looking like monsters. She should have left when she was told and none of this would have ever happened. They were removing her from her home for a reason, not because they had nothing else to do.

I like how the attorney put in that it was "a needless removal from her home". I seem to recall some stories about people that refused to leave their homes, then the same people crying about authorities not rescuing them, giving supplies, etc. Sometimes you just can't win.

I hope she recovers quickly."



I am astounded that someone would think this justified, because a law abiding citizen failed to "Go with the Program"

The NOPD administration decided to completely shred the Bill of Rights, simply because they had a bunch of armed people on the payroll trained to have the mindset of "just following orders" and you believe she deserves to be treated that way because she "failed to go with the program".

This "program" that occurred, was an illegal, unconstitutional forced removal from her home, and apparantly, a forced entrance into a FEMA camp without benefit of trial. Shades of 1938.

She was slammed to the floor, disarmed by those who were supposed to be upholding law. From what I saw on the tape, I am surprised they didn't throw a few flash bangs and tase the old woman.

Maybe, those kinds of ludicrous and unconstitutional methods, were the reason so many cops left New Orleans. Maybe they weren't bailing out because the work was hard etc. Maybe they were bailing out, in order to make sure they were not forced to commit illegal gun confiscations, in the most unquestionable violation of the 2nd Amendment, since the time of slavery.
 
I hope she wins big and those slobs from the CHP and whoever else was on scene gets skinned. Like those two dummies that attacked that black man and and reporter in NO. Seems like they lost their job. But then I can here the choir bleating he had it coming probably deserved it blah.. blah….blah.

I predict closure of this thread anytime LE is attacked it happens like Big Ben. If it wasn’t for cameras this stuff would go un-challenged. Hooray for our side. Some dirt is being purged from our mist.

Notice O’Dawer is suing them personally. Pardon me while I gloat.

It turns my stomach when LEO’s like these CHP officers do not know what a lawful order is. Remember that all the next time a disaster hits your area.
 
I predict closure of this thread anytime LE is attacked it happens like Big Ben.
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Codswallop. And you know it.

Post #21:
I would have been inclined to send them home... in bags.
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Sounds like a threat to me. Yet, the thread is still open.

California shock troops
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The thread is still open.

JBT clearing houses
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The thread is still open.

who had not drank the koolaid at the academy and come to love big brother
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The thread is still open.

Thoes guys should be shot in the kneecap. Infact Ill do it!
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Hey! Guess what! The thread is still open.

bigass .30cal battle rifle going thru somebody's level 3 jacket.
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Happens like Big ben, huh? Horse. Feathers.

I think you owe Rich Lucibella an apology.

LawDog
 
Good point....It seemed to be a trend I would hope not. This has everything to do about ones understanding of the constitution and the oath of office. It seems somewhere that is lost with these officers and the national guard that was reported to be part of the confiscation. I still remember the words. NG "You dont want to think about what you will have to do". Reporter. You mean shoot civilians? NG "yea"
 
k9, I guess I aint sure what "program" she wasnt following? The one where the cops strut in and declare your rights dont exist anymore? Also I am pretty sure the "I was just following orders" thing has been tried and found wanting. We just had this discussion. This is a country of WE THE PEOPLE not we the cops and the rest of you slobs better snap sh#t when I show up! This woman did nothing wrong we all saw it in damn near real time. It went out shortly after it happened. I hope she wins big. Some people need to remember that we the people set the program and those in service occupations need to follow it not the other way around. I can tell ya that if my situation had been the same as hers I would have stayed. If the blue suits dont like it too bad. My house, my rules. I cant believe some of the responses to this. Whoever said we are already in a police state was right. Yes I remember Harry Truman, he was a helluva guy. Ornery ol cuss. My kinda guy. Oh And FUD, If it were me I dont give a damn about the dog, GIMME BACK MY PISTOL!:D :p
 
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