arrested for chasing a burgler

[FordSVTFan]

And like I said before...I bow down to your googling skills at finding a photo on one of the most popular social networking sites out there using my "internet moniker". Great job sport!

Interesting come back, because your facebook account is not under "Vankuen."

Timothy Midthun - San Antonio, TX | Facebook

Are you ready to talk more about Torts, Legal Theory, or Law Enforcement? Three things you know nothing about. :uh oh:

 

[granny03]

Cool, yea it's a little ways south of here. If you're looking for anything fun to do and want a few suggestions hit me up with a pm.

cool I will definately do so

 

[ITRIEDEL]

Simple solution, carry a handgun in the store, next time those kids come in and steal something, shatter some skulls, problem solved

 

[vankuen]

edit.

 

[RDJ]

This will not turn out well for you. Perhaps you should take the time out and go read the rules of the forum again, twice. And no I am not a mod ..but I foresee a ban in your near future google told me so.

Yes....but doing the search on google yields results that would have taken a mentally challenged person all of 5 seconds to find out who I was. I shouldn't have to tell you that though because I'm sure that in addition to being an LEO, Attorney, and general asshole, you're a PI too. I've got nothing to hide otherwise I wouldn't have voluntarily put my information into that old myspace database in the first place dimwit. Waaaiit. Are you looking at my personal information that I had to put into the forum's database? C'mon now what's your secret funny guy?

I'm done arguing with you unless you want to try and explain how assault and/or battery are not an intentional tort? Unless you rewrite the books you can't. Besides, you're probably not even a licensed or practicing attorney like you say you are. If so what's your area of law? It's obviously not assault and battery.

 

[exdeath]

Police Shoot Man After Deadly Fight on California Campus - Local News | News Articles | National News | US News - FOXNews.com

Example of proper escalation, as described previously. Though really they did him a favor by trying pepper spray first since he had a knife the whole time. Notice paramedics were there immediately to treat the shooting victim; hardly a shoot to kill scenario.

 

[vankuen]

This will not turn out well for you. Perhaps you should take the time out and go read the rules of the forum again, twice. And no I am not a mod ..but I foresee a ban in your near future google told me so.

I understand that. Granted, there were a few adjectives there that were unecessary, and a few side conversations that could have been left out, but when the other party is acting the exact same way and doing the exact same things...unless he's one of those cops that thinks he's above the law (even the laws of this forum) than I'd expect one of two things to happen....either we both get banned or the conversation ends/thread gets closed for lack of continued benefit to anyone.

I'm done with him. I just can't stand narcisstic people who feel they are above everyone else. This guy is one of them and there's an entire internet history to back it up.

 

[FordSVTFan]

And yes...I do understand the definition of asssault. Do you think that people that aren't LEO's are ignorant of the law? Apparently so. Its true that the kids may have been experiencing apprehension thinking that the shopkeeper might have wanted to do them bodily harm when they were trying to get away, but there's good reason...they committed an assault and battery against the shopkeeper and as such he also suffered a tort--the kids had a duty owed, that duty was breached, a loss was incurred by the shopkeeper. Simply following someone to get their license plate is hardly an assault...especially when he was within his rights to do so in order to stop a crime from successfully taking place. At most it might have been wreckless driving.

First you argue about semantics, then all you did was repeat was I said on assault and battery, which btw no one said assault was a lessor form of battery. As far as tort is concerned....wtf do you think are the elements of tort? Duty owed, duty breached, loss incurred. The kids had a duty to pay for the items, they stole the item, and a financial loss was incurred by the shopowner. You must be a lawyer because you're only good at highlighting what you think will make everyone think you're right.

Not really. I am simply correcting your inaccuracies and you dont like it.

You obviously dont understand that there are different types of torts. There are three possible bases for tort liability:
A. Intentional Conduct
B. Negligent conduct that creates an unreasonable risk of causing harm.
C. Conduct that is the neither intentional nor negligent but that subjects the actor to strict liability because of public policy.
Battery is an intentional tort. Therefore there is no duty owed. A duty owed is an element of negligence not an intentional tort. The elements for the tort of Battery are: Act, Intent, Contact, and Causation. NO DUTY!!

I'm done arguing with you unless you want to try and explain how assault and/or battery are not an intentional tort? Unless you rewrite the books you can't. Besides, you're probably not even a licensed or practicing attorney like you say you are. If so what's your area of law? It's obviously not assault and battery.

I am the one that distinguished Assault and Battery as an Intentional Tort. You are the one, as referenced above, that stated the elements of a Battery are a Duty Owed, a Breach of that Duty, and Damages. That is not even close to accurate. You are describing the elements of Negligence, NOT an intentional battery.

Please stop while you are far behind.

 

[vankuen]

edit

 

[2001BlackSVT]

Noooo....as stated above I was the one that stated that what happened was assault and battery. However I did confuse the duties from negligence with intentional tort. I broke out the big ass book today to review it. Sooo yea, I was wrong from the duty owed, duty breached, etc, aspect.

Though my opinion of you hasn't changed. From all the crap I found on you, it seems most people agree with that opinion.

Hey, new guy... just drop it, man, move on with your life. You're picking a fight with a highly-respected, long-time member of this board in his backyard. You have 44 posts and no credibility associated with the subject matter. As Adam said, stop digging yourself into that hole before it's too big to climb out of.

 

[vankuen]

edit

 

[FordSVTFan]

Noooo....as stated above I was the one that stated that what happened was assault and battery. However I did confuse the duties from negligence with intentional tort. I broke out the big ass book today to review it. Sooo yea, I was wrong from the duty owed, duty breached, etc, aspect.

Though my opinion of you hasn't changed. From all the crap I found on you, it seems most people agree with that opinion.

Yes you were wrong. You can read your "big ass book" all day long but that doesn't equate to a law degree with a bar card.

You found crap on me? You may have found posts about my screen name but they weren't about me. You are confusing the internet with reality. :bored:

 

[FordSVTFan]

I didn't "pick" the fight. I simply stated an opinion early on and he decided to chime in, I responded. Rinse and repeat several times and here we are.

You just inaccurately stated the applicable law and then refused to be confused with the facts.

Either way I'm done. I guess next time I'll just use wikipedia like he did, thereby eliminating any chance of remembering something incorrectly.

Wikipedia? Give me a break. Find the page I copied and pasted from and show everyone. You wont be able to do that because those are my words. Again my law degree and bar cards trump your "big ass book."

 

[vankuen]

edit

 

[Venomous98Cobra]

Never seen someone take such a beating and still keep coming back for more...wow.

 

[GloomySVT]

Never seen someone take such a beating and still keep coming back for more...wow.

You think he'll cry "police brutality!" after the Hulk smashes him enough times? :lol1: