Case Closed CIVIL CASES AGAINST LAW ENFORCEMENT - Burgess Jacobwitz - Dismissed

Status
Not open for further replies.
cloudcait

cloudcait

Moderator
Staff member
Moderator
DOJ
Jun 9, 2023
63
2
8
Username: cloudcait

Select the type of case you wish to file with the court:
CIVIL CASES AGAINST LAW ENFORCEMENT

Plaintiff:
Elfuanzo Liviaus

shlap_

Defendant:
SASP
DA: Holden Steele

Officer:
CO-307 Xander Killbourne (7urbo)

I. Statement of Claim
  1. The Plaintiff alleges that, on the 19th of September, Officer Killbourne pulled up to Mount Zonah and asked Mr. Liviaus if he had seen an Orange Mustang in the area. The Plaintiff jokingly said that he wasn’t a snitch which provoked an angry reaction out of the Officer.
  2. The Plaintiff alleges that [CO-307] X.Killbourne wheelied his PD Corvette onto the Plaintiff’s vehicle causing significant damage. This also caused his own vehicle to turtle, forcing Mr Killbourne to exit the vehicle and unflip it.
  3. The Plaintiff alleges that Mr Killbourne didn’t like the fact that the people outside of Mount Zonah were laughing at him so instead of leaving the area, he ran the Plaintiff over; resulting in Mr Liviaus needing medical attention.
  4. The Defense claims that this is a clear abuse of power, police brutality and abusing police resources as he used his PD issued Corvette to cause harm to the Plaintiff and his vehicle.
  5. Tennessee vs Garner states that ‘Officers may use deadly force to prevent the escape or fleeing of a suspect but only if the officer has a good faith belief that the suspect poses a significant threat of death or serious injury to officers or others.’ The Defense claims that there is no case to justify Mr Killbourne using his vehicle to initiate deadly force on Mr. Liviaus. The Plaintiff:
    a) Was not a suspect
    b) Did not pose a significant threat of death or serious injury to those around him
    c) Was stood outside of a hospital minding his business

II. Relief
1. The Defense requests that [CO-307] X.Killbourne should attend a mandatory training session covering the following:
a) Use of Excessive/Deadly Force
b) Vehicle Safety
c) Any relevant case laws

2. Monetary Relief for the Sum of $21,000
a) $10,000 to pay legal fees for Attorney Cait Dodger
b) $1,000 for the damages and repair costs to The Plaintiff’s vehicle
c) $10,000 for physical and mental damages

III. Representative
Cait Dodger (cloudcait)

IV. Evidence
A copy of Elfuanzo Liviaus's Statement:


V. Witnesses
407 Fiona Spikes (BCFD)
301 John Little (EMS)
302 Skylar Sylvi (EMS)
 
I will be taking this case, @Teddy will you accept this case?
 
I can defend the officer, yes. However, I am waiting for the results of an IA case before officially accepting it if that is ok.
 
Teddy said:
I can defend the officer, yes. However, I am waiting for the results of an IA case before officially accepting it if that is ok.
Click to expand...
That is fine, will a week be sufficient time to conduct this procedure?
 
Teddy said:
I can defend the officer, yes. However, I am waiting for the results of an IA case before officially accepting it if that is ok.
Click to expand...
Have we had an update to this?
 
Alright! Lets begin discovery and scheduling then!
 
We would like to request any additional evidence besides the statement by the plaintiff in this case.
 
The only evidence we have is witnesses and the plaintiff's statement.
 
Scheduling for the next couple weeks?
 
Hi, apologies for the delay in response. I would like to withdraw this case as a result of the lack of evidence from both parties. It appears it's just a he said she said situation that won't get resolved in court.
 
Status
Not open for further replies.
Top Bottom Back