Civil Action against Whole Foods, and a Sergeant Bowser of NOLA PD.

[JimDandy]

Ran across this today (Edited to add: And didn't see it in the 2A cases, so I thought I'd put it up here for consideration) : First post, including Cell Phone Video after the confrontation.

The gist appears to be someone was shopping in a Whole Foods in New Orleans that did not Post. A New Orleans officer restrained him and disarmed him from behind without announcing. After which it appears he was trespassed off the property for the rest of the night. He doesn't appear to have been charged with anything, and his firearm was returned after the encounter. They are now suing Whole Foods, the Officer, and the New Orleans PD it seems.

Here is: a link claiming to be the filing documents for those of us without a Pacer subscription or a link to the summary with furhter links for those of you with a PACER subscription.

 

[Uncle Buck]

Should be an interesting case to follow.

 

[JimDandy]

Or at least different. It's not what we normally see with (Government Agency) won't let me (buy/carry/conceal/whatever) or So and So may have stuck a toe over the edge of the law- either breaking one, or making one too cute to pass muster.

 

[Tom Servo]

It's hard to establish context when all we have is one side of the story. We don't have video from the actual encounter, so we don't know what led up to it.

 

[wally626]

In Norfolk VA they had some similar issues, but they occurred on public property. In one case it was thought by the police to be private property, but it ended up being public. There was also not the assault charge, just false arrest. I think judgements around $50,000 per case, after a few of those Norfolk started training their officers better. On private property, the issues are slightly different, but the facts in the complaint seem very strong, no sign, no verbal warning, completely legal behavior. However, a bad jury and judge could easily find for the officer and store.

 

[JimDandy]

I wasn't suggesting we weigh in, and it's way too early for that anyway. I just thought it would be interesting for some of you lawyers to follow along with the other cases. Especially as this is a less common defendant in a private company for civil rights violations.

 

[Wreck-n-Crew]

It is possible count 3 against the city of NO will wash due to the Sargent's actions as an employee of

WHOLE FOODS MARKET, INC.

while off-duty. IMO the part the city played in the damage to Mr. Monaco would likely to have added to, helped to cause, or failed to prevent damages for it to be liable for the actions of an off-duty officer and while employed by someone else. Just on the surface the City may have exchanged information and taken a report from an off-duty officer and no harm was inflicted IMO.

Edit:
Given the story of Mr. Monaco is the truth.

 

[JimDandy]

I'm not sure he was off-duty. In the video he was uniformed, and had an official car with a spotlight. Additionally the papers claim as Party 7, the Sgt. was duly appointed and acting as an officer, under the color of law etc. etc. and in the Statement of facts, claims he was working a security detail.

 

[Aguila Blanca]

Dunno how it works in NOLA but, in this corner of the universe, any person or company wishing to hire a cop for private duty pays the police department, and the department pays the cop(s). That's how they get to wear their uniforms and carry their badges, guns and radios. (It's also how they pad their salary for retirement compensation calculations.)

Consequently, if an officer working such an assignment exceeds his/her authority, he/she is liable as a member of the depaertment, and the department and jurisdiction are also on the hook.

 

[armsmaster270]

Here too

 

[Salmoneye]

I see this thread was started yesterday, but the last post on the linked thread is from June of 2013...

Anyone have anything more recent on this?

 

[JimDandy]

I doubt we'll see more on this without either a verdict in the case, or one of the lawyers who frequent this place using their access to look up any additional filings. With it going to court nobody says much of anything until the judicial system moves on to the next step whatever step that may be.

 

[Glenn E. Meyer]

Whole Foods/city might settle for a big buck and no charges will be pursued.

Interesting question - they offer you big bucks. Do you take them or continue for RKBA purity?

 

[JimDandy]

Whole Foods might settle, but would NOLA PD and that Officer. The officer seemed fairly proud, and Pride does go before the fall, or so I've been told.

 

[2ndsojourn]

"Interesting question - they offer you big bucks. Do you take them or continue for RKBA purity? "

Since Monaco wasn't charged with a crime, the case is about money. Given the fact that Sgt Bowser[?] responded to a few complaints about 'a guy with a gun', any jury is going to be made up with enough similar anti-gun folks thus making any big payout by a jury unlikely, IMHO. So Monaco's lawyer is sure to recommend to settle (for as much as he can negotiate). So if they offer big bucks, they'll take it. There goes any RKBA purity.

 

[JimDandy]

I have a question- why is it pure only if he holds out for a verdict? Do you really think corporate lawyers country wide will discount the result if it's settled out of court? Let's be honest, even if there is a massive jury award, you won't see companies scrambling to update their policy. Most companies/legal teams will call it a fluke, bad luck drawing an over-zealous cop- the it-can't-happen-to-me syndrome. At best you'll see a few companies send out an internal memo to go the route of Starbucks. We don't allow guns, but we won't do anything about it.

 

[Wreck-n-Crew]

Interesting question - they offer you big bucks. Do you take them or continue for RKBA purity?

Money or principle....hhhmmm...good question!

Hypothetically:
Taking a deal is in big practice today. Get in, prove your point, get out and avoid a prolonged pi**ing contest. Maybe a public apology tacked on the deal would be rewarding enough for most people and would fulfill their goal. Some may not need the apology. It would be a bonus if you were weary from the battle, concerned with losing it all, or both and the principle behind your claim was very important to you.

IMO get what you can within reason and know when to lay your hand down. Going all in is often more trouble than the full reward you seek. Consider your lawyers advice as well. They are the professional and have more than a clue about what is going on and what is likely to happen than you do.

Did anyone notice Mr. Monaco's voice breaking a little at times? Though he held his cool to a degree you could tell he was upset. If I were on the jury, I would consider this as evidence that he was upset and not just playing upset. It' is hard to fake the sound of your voice in that way. Not saying it is not possible, just highly unlikely.

 

[shortwave]

Another question if it comes down to a $ thing.

Do we think that a substantial payout by Whole Foods will make them at least think about posting signage?

Hope we hear more about this case.

 

[JimDandy]

There's not a doubt in my mind Whole Foods has already sent out a memo to make sure signs are on the doors by now. According to what I've seen so far, other stores did have signs posted, just not this one.

 

[Salmoneye]

Do we think that a substantial payout by Whole Foods will make them at least think about posting signage?

This was one of the things I was wondering about when I made my first post...

Has 'corporate' detailed a policy and added signage to their stores as of yet?

At least for a while after the incident it appeared they had not done so (pics in the linked thread)...