I see a class action law suit coming

This is a discussion on I see a class action law suit coming within the Off Topic & Humor Discussion forums, part of the The Back Porch category; Maybe, just maybe if after living here for 26 years he had gotten a better grasp (like learning to speak and understand) of the English ...

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  1. #16
    Distinguished Member Array 21bubba's Avatar
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    Maybe, just maybe if after living here for 26 years he had gotten a better grasp (like learning to speak and understand) of the English language this whole thing wouldn't have happen...

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    I was told this by A Doctor,the acetylene tank in a torch outfit contains acetone that allows the acetylene to be stored at a higher pressure without exploding.he said something about breathing in the fumes from the oxy-acetylene torch can give a false positive on a breathalyzer test.
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  4. #18
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    Quote Originally Posted by gunther71 View Post
    I am confused, The article says Hernandez stopped and then and officer approached. So was he ilegally parked?

    Law suit coming!
    I still see no legit basis for a law suit.
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  5. #19
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by 21bubba View Post
    Maybe, just maybe if after living here for 26 years he had gotten a better grasp (like learning to speak and understand) of the English language this whole thing wouldn't have happen...
    Where does it say language was a problem? It said he talked to the press with an interpreter. No mention of the Deputy talking to him about moving the vehicle so there fore just your guess. We weren't there. Deputy could have said something or used hand motions. There are not enough facts here to make a statement like that. Would you make the same statement if it was a non-English speaking tourist? Situation would have been the same. Or are you just trying to make an immigration statement which is off topic?
    The man got his citizenship which many illegals do not do. He has a job unlike many others in this country that can speak perfect English. I find your remark immature, presumptuous, and rude.

    I don't think there should be lawsuit. This country has enough of them as it is. But if the man was not charged with anything, including fleeing the deputy, then the police should pay for the tires et al. I understand the Deputy doing it, but if it is a misunderstanding (I said if), then the police should be like any other person and fork up the money. If a citizen destroyed somebody's property by accident they would be expected to pay for the damages, if not legally then ethically. I don't know what the law is for police doing stuff in the line of duty, but if it precludes the reimbursement of damages to someone that no charges are brought, then I think that needs to be re looked. I don't mean take it out of the deputy's pay. It should come out of the dept.But if a contractor was supposed to tear down trees on one persons property and they by accident knock down trees in the adjoining property then they have to pay for that.
    Last edited by SIXTO; January 18th, 2012 at 10:39 AM.

  6. #20
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    Quote Originally Posted by suntzu View Post
    Where does it say language was a problem? It said he talked to the press with an interpreter. No mention of the Deputy talking to him about moving the vehicle so there fore just your guess. We weren't there. Deputy could have said something or used hand motions. There are not enough facts here to make a statement like that. Would you make the same statement if it was a non-English speaking tourist? Situation would have been the same. Or are you just trying to make an immigration statement which is off topic?
    The man got his citizenship which many illegals do not do. He has a job unlike many others in this country that can speak perfect English. I find your remark immature, presumptuous, and rude.
    It's not a stretch - though admittedly not a CERTAINTY - to put "...he told the newspaper through an interpreter..." together with "...a deputy approached, and Hernandez thought the officer wanted him to move and drove away with his hazard lights on..." and draw the conclusion that language differences at the very least contributed to the confusion. It is neither immature nor rude, though it does require some conclusions be drawn without absolute evidence. They were the same conclusions that I drew, as well - that the driver didn't speak English, and this was a factor in his misunderstanding what the officer wanted him to do.

    And, really, expecting someone who has lived in a country where English is the majority language for 26 years to speak English is not that unreasonable.
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

  7. #21
    VIP Member Array suntzu's Avatar
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    Without knowing if the officer yelled command, or motioned it is just speculative that he moved the vehicle because of language. I felt it was a swipe at a guy that no charges were filed i.e he did nothing wrong, and appears to be a hard working law abiding citizen. It is just as probable that the officer did not communicate his intent clearly even to a person that speaks and understands English. But that of course is not brought up.
    I was flagged down (as least I thought I was) by a trooper in 2007. I pulled over and then another car pulled over behind me, and the officer pulled over behind her. I waited there for like 10 minutes so while he was doing whatever with her. He then sat in his vehicle after she left. Finally I asked what is going on. He said sorry, I didn't mean for you to pull over.

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    I realize - and stated as much - that it is not certain that language was an issue. But it is not unreasonable to make that assumption based on the article as written. Having spent almost all of the last nine years living and working (as an LEO, no less) overseas, I can tell you that language issues abound, and influence just about every aspect of day-to-day life. This is only made worse when dealing with stressfull and/or unusual situations, such as being pulled over or confronted by the police.

    That said, I agree that the man didn't do anything wrong, and that he seems to be an upstanding citizen. It is unfortunate that he had to go through all of this. However, 26 years is a reasonable amount of time by anyone's standards to learn the predominant language of your country, wouldn't you say? And, had he been fluent in English, could it have possibly made the situation worse?
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

  9. #23
    VIP Member Array suntzu's Avatar
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    Quote Originally Posted by OPFOR View Post
    I realize - and stated as much - that it is not certain that language was an issue. But it is not unreasonable to make that assumption based on the article as written. Having spent almost all of the last nine years living and working (as an LEO, no less) overseas, I can tell you that language issues abound, and influence just about every aspect of day-to-day life. This is only made worse when dealing with stressfull and/or unusual situations, such as being pulled over or confronted by the police.

    That said, I agree that the man didn't do anything wrong, and that he seems to be an upstanding citizen. It is unfortunate that he had to go through all of this. However, 26 years is a reasonable amount of time by anyone's standards to learn the predominant language of your country, wouldn't you say? And, had he been fluent in English, could it have possibly made the situation worse?
    Yeah, if he had an attitude towards LEO's LOL. Just kidding. I know where ya coming from and agree. I just think it was the tone of the poster. This society has people that either think the cops can do no wrong and always blame the victim or the other way around and the cops are always wrong. That was a generalization. This case it appears that both could have done things better.

  10. #24
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    I didn't get anything from 21bubba's post that was pro (or anti) cop, it just seemed to me that he was lamenting the fact that the guy had been living here for 26 years and still didn't speak English. And you can have an opinion on that either way (I have the advantage of formal language training - usually - before serving in a foreign country), but I think it's hard to argue that speaking the local language will cause you MORE problems with the po-po. :)
    A man fires a rifle for many years, and he goes to war. And afterward he turns the rifle in at the armory, and he believes he's finished with the rifle. But no matter what else he might do with his hands - love a woman, build a house, change his son's diaper - his hands remember the rifle.

  11. #25
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    Law suit coming!
    No basis at all. In the dreams of the Plaintiffs Bar only.

  12. #26
    Ex Member Array Yoda's Avatar
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    There is a remote chance of a civil suit against the field drug test company for failing to warn or inform of the false positives, but a lot more discovery would be required.

  13. #27
    Distinguished Member Array 21bubba's Avatar
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    Quote Originally Posted by suntzu View Post
    Where does it say language was a problem? It said he talked to the press with an interpreter. No mention of the Deputy talking to him about moving the vehicle so there fore just your guess. We weren't there. Deputy could have said something or used hand motions. There are not enough facts here to make a statement like that. Would you make the same statement if it was a non-English speaking tourist? Situation would have been the same. Or are you just trying to make an immigration statement which is off topic?
    The man got his citizenship which many illegals do not do. He has a job unlike many others in this country that can speak perfect English. I find your remark immature, presumptuous, and rude.

    I don't think there should be lawsuit. This country has enough of them as it is. But if the man was not charged with anything, including fleeing the deputy, then the police should pay for the tires et al. I understand the Deputy doing it, but if it is a misunderstanding (I said if), then the police should be like any other person and fork up the money. If a citizen destroyed somebody's property by accident they would be expected to pay for the damages, if not legally then ethically. I don't know what the law is for police doing stuff in the line of duty, but if it precludes the reimbursement of damages to someone that no charges are brought, then I think that needs to be re looked. I don't mean take it out of the deputy's pay. It should come out of the dept.But if a contractor was supposed to tear down trees on one persons property and they by accident knock down trees in the adjoining property then they have to pay for that.
    Let's see.
    1. Needed an interpreter= Problem with language.
    2. I would give the non-english speaking tourist the benefit of the doubt (unless he's been a tourist here for 26 years).
    3. I find your presences here to be immature (must you LOL all the time).
    4. I'm not being rude,just realistic.

    You want to continually butt heads with me about every post I make? Come ahead. When my post's start bothering respected members here I may consider changing my ways. But until then... I couldn't give a monkey's butt about what you think.

  14. #28
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    And this one has long outlived its usefulness.
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