Woman held at knifepoint, sue township for $5M

This is a discussion on Woman held at knifepoint, sue township for $5M within the In the News: The Good, the Bad and the Ugly forums, part of the The Back Porch category; Woman held at knifepoint in Woodbridge Center Mall plans to sue township for $5M She was grabbed by a desperate parolee and who held her ...

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  1. #1
    Member Array rdpG19's Avatar
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    Woman held at knifepoint, sue township for $5M

    Woman held at knifepoint in Woodbridge Center Mall plans to sue township for $5M

    She was grabbed by a desperate parolee and who held her with a knife to her throat in Woodbridge Center Mall until a police officer shot and killed the man.

    Now the woman, Ellen Shane, 62, of Carteret, plans to sue the township for $5 million, claiming it failed to protect public safety and that she was injured as
    a result of the officers acts.

    Figure she would thank the police officer for saving her life??

    Woman held at knifepoint in Woodbridge Center Mall plans to sue township for $5M | NJ.com

    Massad Ayoob » Blog Archive » DRAMATIZED: YEP, THAT
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    VIP Member Array Brad426's Avatar
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    I wish I could say this story shocks me, but sadly this is the kind of litigious nation we live in.

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    Both Shane and her husband, Ronald Shane, "are suffering from post traumatic stress syndrome and both have been dramatized from this incident," according to the tort claim notice filed by their lawyer, David Corrigan of Eatontown.
    Dramatized???

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by From the article
    ... plans to sue the township for $5 million, claiming it failed to protect public safety and that she was injured as a result of the officers acts.
    If indeed the act of saving her life resulted in injuries that could absolutely have been avoided, then she might have some grousing to do. But following the "lesser of two evils" line of thinking, it's hard to feel very supportive about such backhanded thanks delivered via attorney, for someone whose deadly attacker was stopped from completing the act. Perhaps she'd prefer the officer simply sat down and watched the situation play itself out.

    "Dramatized," eh? Yup, that's a good word for their claims to have been traumatized. Most folks would feel shaken from a deadly attacker. Most, though, would feel grateful for having been helped out of such situations, traumatic though the attacker's threats and actions might have been. Moral grounding sure ain't what it used to be.
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    Distinguished Member Array noway2's Avatar
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    If the place were legally "off limits" via legislated prohibition or owner posting, I think a lawsuit should be in order. Not necessarily at the township, but rather at whatever entity was responsible.

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    VIP Member Array ccw9mm's Avatar
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    Quote Originally Posted by noway2 View Post
    If the place were legally "off limits" via legislated prohibition or owner posting, I think a lawsuit should be in order. Not necessarily at the township, but rather at whatever entity was responsible.
    Uh, there's the rub. The responsible party was the criminal, for ignoring such wishful thinking posted on signs, for being a criminal and carrying a weapon, and for committing a felony. IMO, it's tough to claim a criminal's actions had anything to do with a township, a company, a policy, a sign, or having one guard or fifty on duty.
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    If it happens to her again, I can hear the officers involved:

    "Sorry Ma'am, we'd like to save you, but we have to think of the public's safety. Your just 1 old lady, we have hundreds of younger people here in the mall to protect. Have a nice day".

    Then they turn and walk away.
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    I liked one of the comments to Massad's article.

    Tom Walls Says:
    June 23rd, 2012 at 12:22 am Sheepdogs do what sheepdogs do. And sheep act like sheep act.

    Nice shot officer and thanks for your service.


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    I think the case is bust, SCOTUS has ruled on more than one occasion regarding the role of police and they do not have an obligation to protect an individual.

    If they had not pursued the individual there may have been a case for failing to protect the public but that is iffy at best.

    Warren vs. DC is one example

    Here is a link that cites several cases in its breakdown of Maryland’s Public Duty doctrine most would be pertinent to this case.

    Police Chief Magazine - View Article
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    Distinguished Member Array claude clay's Avatar
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    The responsible party was the criminal.....quote from ccw9mm

    She was grabbed by a desperate parolee quote from the article

    rather the responsible party(s) is those who let him out of jail before his sentence as set down by a judge was served.
    it goes to personal responsibility and if parole boards were held responsible for the actions of those they set free---
    more criminals would be serving time rather than doing repeat crimes.

    this individual may still have a knife but he would be in prison rather than at the mall with it.
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    As the old saying goes, "Let no good deed go unpunished." This one is going nowhere.
    Better a little trauma to her psyche than a lot of trauma to her throat.
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    This just makes me sick. This LEO did an exceptional job by responding to an immediately lethal situation perfectly, and of course it wasn't good enough for a citizen who realized that she could possibly get away with suing her rescuer.

    I really am thinking about becoming a hermit.
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    New Jersey woman hit with baseball sues Little League player | Fox News
    Wonder if she's related to this woman............

    If I find myself in dire need of cash, I'll have to see about suing New Jersey for PTSD caused by seeing Snookie in the news so much.

    Archer51's post is as dead-on as the officers aim that saved this womans hind-end.
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    We don't know what this woman expects to gain but I would guess she is after the organization with the best insurance coverages. In this case the taxpayers. If the case should make it to the courts I would guess that some percentage of responsibility would be placed on the mall.
    If I was in her shoes I would be thanking the police officer that took the shot.

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    Senior Member Array Chad Rogers's Avatar
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    I don't think she has any case, except maybe against the mall (and they'll only throw her $20,000 njust to settle).
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