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Is this a legit lawsuit? Read this in my local paper.

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Is this a legit lawsuit? Read this in my local paper.

Old 12-23-05, 12:17 PM
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Is this a legit lawsuit? Read this in my local paper.

This seems totally frivilous:

The family of a man killed by a sheriff's deputy on a summer morning in Lancaster has filed a $2 million claim against Los Angeles County, alleging excessive force and excessive secrecy surrounding the incident.
Clint Edward Updyke, 26, was shot to death Aug. 8 following a physical altercation with a deputy after Updyke rolled his car in a reported road-rage incident.

"I cannot imagine a set of facts that would justify using deadly force under the circumstances I know about," said Marc E. Grossman, the family's attorney. "He was unarmed; he had just been in a rollover accident. The policeman had all the weapons in the world available to him, and more importantly he had a radio. If there was any possibility of this being an encounter with the use of force, it was reckless to engage him without waiting for backup."

Grossman is representing Updyke's parents, Donald and Cynthia; children, Lucas and Alexis; and widow, Rebecca, from whom Clint was separated with divorce proceedings under way.

A sheriff's statement said that the deputy responding to the call found Updyke in a field on Avenue J near Lancaster High School, a half-mile away from his overturned car.

After a physical altercation, "The deputy discharged his Taser to subdue the suspect, but after the second activation, the suspect grabbed the wires and pulled them out of the unit," the statement said.

Updyke knocked the deputy to the ground, knelt over him and continued to rain blows on him, leading the deputy to pull his gun, the statement said.

"The deputy, fearing for his life, fired one 9 mm round from his weapon, striking the suspect in the upper torso," according to the statement.

Updyke died about 7:22 a.m. at Antelope Valley Hospital. The coroner's exam found methamphetamine in his system.

Beyond the excessive force claim, Grossman said the family is upset about the lack of information they have received from the sheriff's department.

A public records request resulted in only a short statement on the incident, and sheriff's officials have refused to reveal the name of the deputy involved, he said.

"These are suspicious circumstances with an unusual degree of secrecy surrounding the case," Grossman said. "The only facts I have are what I read fourth-hand in the newspaper."

The Valley Press has learned the name of the deputy - Stephen Oneal - via a Public Records Act request to the district attorney's office.

Deputy DA Elizabeth Munisoglu said her office has not completed its investigation into the incident, which will determine whether charges will be filed against the deputy.

Also looking into the incident are the sheriff's Homicide and Internal Affairs bureaus and the Office of Independent Review; the procedure is the same for other officer-involved shootings when citizens are hit.

Office of Independent Review attorney Rob Miller said he "rolled out to the scene that day, and we began conferring with Internal Affairs and homicide investigators from the outset. We'll continue to do so throughout the investigations."

Agencies typically take a number of months to complete their investigations before giving the details to the family or other interested persons, Miller said.

"The time line we're talking about - this was an August event - this is not unusual," he said. "There's a high volume of all types of cases, and unfortunately that means a backup and waiting. A case like this passes through various hands and various stages.

"It is an understandably frustrating experience, and certainly the family of the deceased person is going to find it very frustrating, and unfortunately there is only so much that can be done."

The claim, filed last week, is a precursor to a lawsuit against the county.
Old 12-23-05, 12:24 PM
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I don't really understand your question? It sounds like a legit lawsuit in that a claim has been filed. Will they win? Well, a jury (or judge) will have to listen to testimony to decide that. If indeed the facts are as reported, where the guy was hopped up on amphetamines and beating the crap out of the cop after being tasered, well, then, his family will probably lose. But until someone examines the evidence, it's way too soon to believe that the facts are as reported in this story, since those facts appear to be the cop's story.
Old 12-23-05, 12:27 PM
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Nothing will happen. Just another drugged up junkie that got killed by cops.
Old 12-23-05, 12:31 PM
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Originally Posted by LurkerDan
I don't really understand your question? It sounds like a legit lawsuit in that a claim has been filed. Will they win? Well, a jury (or judge) will have to listen to testimony to decide that. If indeed the facts are as reported, where the guy was hopped up on amphetamines and beating the crap out of the cop after being tasered, well, then, his family will probably lose. But until someone examines the evidence, it's way too soon to believe that the facts are as reported in this story, since those facts appear to be the cop's story.
I mean they are suing because they didn't have enough information? The dude clearly wanted to kill the cop.
Old 12-23-05, 12:32 PM
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Originally Posted by Lunatikk
Nothing will happen. Just another drugged up junkie that got killed by cops.
Nothing will happen except they'll probably get a settlement.
Old 12-23-05, 12:33 PM
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From the story, it sounds like he was seriously threatening the officer. An unfortunate event, but not the officer's fault.
Old 12-23-05, 12:45 PM
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Originally Posted by nickdawgy
I mean they are suing because they didn't have enough information? The dude clearly wanted to kill the cop.
Originally Posted by Jason
From the story, it sounds like he was seriously threatening the officer. An unfortunate event, but not the officer's fault.
You do both realize that the "story" is based upon the "sheriff's statement", right?

I just think it is WAY WAY WAY too early to decide that the suit is frivolous or that the officer did nothing wrong. Yes, it does seem that the suit is motivated in part by a desire for more information, but why does that make it frivolous? Sometimes filing suit (or in some cases the mere threat of doing so) is the best tool we as citizens can have to keep our government accountable for its actions. And one of those government actions that we need to keep them accountable to is the willful withholding of information.

These people may know the decedent as a kind and gentle man who would never do the things that the sheriff's department claims he did. And they may be getting very frustrated with the speed or lack thereof of the results of the internal investigation, and are becoming concerned that the investigation is really becoming an effort to let things be swept under the rug. I don't know, I am not saying that is what it happening, I'm just painting a realistic scenario where a lawsuit could be a reasonable move for these people.

Admittedly, the story makes it sound like reasonable force, but I prefer to wait to hear more of the story, not just the sheriff's statement.
Old 11-18-13, 10:13 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
Old 11-18-13, 10:14 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

rude
Old 11-18-13, 10:21 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by youpeople View Post
hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
Best first post leading to a later spam blast ever?
Old 11-18-13, 10:44 PM
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Re: Is this a legit lawsuit? Read this in my local paper.



Nice thread bump. Damn, I was only 27 when I posted this.
Old 11-18-13, 11:00 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by Supermallet View Post
Best first post leading to a later spam blast ever?
I'm just stunned that "youpeople" hasn't been taken yet.
Old 11-18-13, 11:13 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

What do you mean "youpeople"?
Old 11-18-13, 11:19 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by Supermallet View Post
What do you mean "youpeople"?
I mean
hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
Old 11-18-13, 11:20 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

rude
Old 11-18-13, 11:29 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

Old 11-19-13, 08:36 AM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by youpeople View Post
hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
So everyone now wants to know: what happened with the lawsuit?
Old 11-19-13, 08:50 AM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by Shannon Nutt View Post
So everyone now wants to know: what happened with the lawsuit?
I was just going to post this:



Update?
Old 11-19-13, 08:55 AM
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Re: Is this a legit lawsuit? Read this in my local paper.

I entered "Clint Edward Updyke lawsuit" into Google and got this thread

OP never posted a link to the original story. Booooo!
Old 11-19-13, 08:57 AM
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Re: Is this a legit lawsuit? Read this in my local paper.

Well this thread just got interesting.
Old 11-19-13, 09:44 AM
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Re: Is this a legit lawsuit? Read this in my local paper.

Did this cop get moved to Sanford, Florida?
Old 11-19-13, 11:28 AM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by youpeople View Post
hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
Alexis?
Old 11-19-13, 12:39 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by youpeople View Post
hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
If this is still such an issue for you after so many years, maybe you should go back to counseling. And take your meds.
Old 11-19-13, 12:43 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

He died.
Old 11-19-13, 01:38 PM
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Re: Is this a legit lawsuit? Read this in my local paper.

Originally Posted by youpeople View Post
hi so I was passing by and I read this.... um yeah that's my dad your talking about and I don't appreciate u calling my dad a junkie and honestly i really could give a care if he is or wasn't because hes sitting up in heaven enjoying himself so yeah
well whatever you are all ignorant anyways and type before speak so byyeeee
They have meth in heaven?

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