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Dog owners keep most of $620,000 in damages
Frederick News Post ^ | September 19, 2012 | Danielle E. Gaines

Posted on 09/22/2012 1:14:01 PM PDT by Politicalmom

The April verdict by a Frederick County jury that awarded $620,000 to a Taneytown family after their dog was shot by a sheriff's deputy was upheld by a Montgomery County judge.

An attorney for the Frederick County Sheriff's Office argued that the jury's verdict should be set aside because it went against the weight of the evidence presented during the seven-day trial. Michael B. Rynd asked Judge Marielsa Bernard to either set aside the verdict or grant his motion for a new trial.

Bernard heard the case after Frederick County judges recused themselves.

She denied Rynd's motion, saying it would be inappropriate to substitute her judgment for the jury's verdict. She issued her ruling Monday.

Rynd also filed a motion to have the $620,000 judgment lowered.

Bernard agreed with Rynd that Maryland law caps damages for veterinary bills at $7,500 and reduced the original $20,000 for those costs.

The rest of the award, $600,000, was for mental anguish, pain and suffering, according to court records.

Rynd argued that portions of that amount should have been decreased because the jury awarded the exact same amount to each of the two homeowners, Roger and Sandi Jenkins. Sandi Jenkins seemed more upset during testimony at trial, so the damages should be less for her husband, Rynd said.

Bernard denied that part of the motion.

On April 3, a six-person jury found Deputy First Class Timothy Brooks violated the Jenkinses' rights under the Maryland Constitution when he shot their chocolate Labrador retriever, Brandi, on Jan. 9, 2010, while he and Deputy First Class Nathan Rector were at their Bullfrog Road home looking for their son, who was wanted on a civil warrant.

(Excerpt) Read more at fredericknewspost.com ...


TOPICS: Heated Discussion
KEYWORDS: dog; doggieping; donutwatch; labradorretriever; lawsuit; maryland; police; shooting
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To: dennisw

Threatening to kill cops on FR. When did that start?


141 posted on 09/23/2012 6:59:35 PM PDT by donna (Chick-news: They report on what they love (Obama and movie stars and themselves).)
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To: Altariel

Corrections officers are considered “paramilitary”.

Even hubby, who, although he was the prison complex welder/metal fabricator was always ‘on call’ to assume corrections officer duties if necessary.

He had to take the same self defense courses, pass the same shooting tests and would have performed in a ‘paramilitary’ fashion, if needed.

Those are just prison guards.

Imagine how much more power cops will have.


142 posted on 09/23/2012 9:18:39 PM PDT by Salamander (Can't sleep, the clowns will eat me)
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To: dennisw

My Jack is worth your life if you ever hurt him. I am 62 years old; been there done that. I have been around the world 2 and a half times; I have had people shoot at me in anger and miss, I have shot back and hit. Prison doesn’t frighten me and I would kill you or anybody who hurt my Jack


143 posted on 09/23/2012 10:37:35 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: skr

The taxpayers hired this reprobate.


144 posted on 09/23/2012 11:08:06 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: berdie

I have a very long drive way (7 tenths of a mile), the sign posted on my gate (always locked) says; IF YOU DO NOT HAVE A PERSONAL INVITATION FROM THE PROPERTY OWNER—IF YOU DO NOT HAVE A SIGNED, VALID WARRANT PER THE IVth AMENDMENT OF THE CONSTITUTION OF THE UNITED STATES—TURN AROUND AND GET OUT NOW—THIS IS PRIVATE PROPERTY, YOU ARE NOT WANTED HERE.
( This property protected by Msrs. Beretta, Colt, Mossberg, Remington and Springfield )


145 posted on 09/23/2012 11:38:23 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: donna

Because they have a dog they love they figure they have permission to say crazy things (here at Free Republic) and demand crazy amounts of money from the taxpayers if a cop messes with their dog. In this case the dog ran up veterinarian bills but survived the policeman’s bullet


146 posted on 09/23/2012 11:44:21 PM PDT by dennisw (Government be yo mamma - Re-elect Barack Obama)
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To: Politicalmom
I don't think the dog was going to earn close to $620,000 in damages.

This needs to happen more often.

You mean PUNISHING the taxpayers instead of those who did the deed?? How is that going to deter the bad guys when someone else pays for it?

147 posted on 09/23/2012 11:46:41 PM PDT by GeronL (http://asspos.blogspot.com)
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To: 5th MEB

Be like that.


148 posted on 09/23/2012 11:47:58 PM PDT by dennisw (Government be yo mamma - Re-elect Barack Obama)
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To: 5th MEB

You’ve become uncivilized.


149 posted on 09/24/2012 12:29:15 AM PDT by donna (Chick-news: They report on what they love (Obama and movie stars and themselves).)
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To: GeronL

Ideally, it should be the police who pay for the damages out of their own pockets; however, this is not happening realistically.

Despite all the shootings, the laws on the matter have NOT changed, partly because the average person is not fully aware of the extensiveness of the problem.

I fully support placing the amount of damages solely on the shoulders of the person(s) responsible for such unconstitutional shootings, etc.

However, people will not demand such a law until they make the connection that “we’re paying because that power-hungry fool can’t keep his finger off the trigger”.

Most people are still fully content to worship police officers, no matter what they do. A few of them still remain on this thread.


150 posted on 09/24/2012 7:18:45 AM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: donna

Your opinion, who cares. Read and obey the sign and see the sun rise tomorrow; ignore the sign and see the bottom of a very deep mine shaft. Got lots of them around here, some of them are even full of water and debris.


151 posted on 09/25/2012 12:10:25 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: dennisw

Oh; I will. My land, my home, my rules.


152 posted on 09/25/2012 12:17:16 PM PDT by 5th MEB (Progressives in the open; --- FIRE FOR EFFECT!!)
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To: donna
fire the chief of police.

Many civil penalties should be just like criminal: toss the perpetrators in jail for a bit. It would even be good for traffic tickets. Instead of highway robbery, have a driver do an hour or two in jail or traffic school. The incentive to officially loot people makes for corrupt money motivated cops and judges. Justice does not equal a transfer of money.

153 posted on 09/25/2012 1:24:05 PM PDT by Reeses
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To: Norm Lenhart; donna
Lets put it up for a vote. Anyone here think Donna makes a better point?

I prefer Norm Lenhart's point of view in this instance.

154 posted on 09/29/2012 12:23:09 PM PDT by Albion Wilde (Liberty means responsibility. That is why most men dread it. -- George Bernard Shaw)
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To: dennisw
Frederick County Maryland is not fit for human habitation

With all due respect, you are out of your mind.


Baker Park, Frederick


Sugar Loaf Mountain


Schifferstadt House

155 posted on 09/29/2012 12:50:24 PM PDT by Albion Wilde (Liberty means responsibility. That is why most men dread it. -- George Bernard Shaw)
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To: dennisw

Punitive damages are. Too bad they can’t take it directly out of the pockets of the cops so that they’d really feel it.


156 posted on 09/29/2012 1:16:10 PM PDT by Little Ray (AGAINST Obama in the General.)
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To: Albion Wilde; Norm Lenhart

Norm wouldn’t answer this question. Will you?

Can I come pick your pocket because some stranger shot my dog?


157 posted on 09/29/2012 3:10:54 PM PDT by donna (Pray for revival.)
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To: lone star annie
That is BS. A dog is your best friend a member of your family. The anguish of losing your best friend and a member of the family should be compensated for.

Compensated by the transgressor, NOT by we the people!! That's a huge distinction that you are ignoring.

158 posted on 09/29/2012 4:59:05 PM PDT by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
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To: 5th MEB
Your little sign is meaningless, and I'll come onto your property any time I need to. I work for the utility company, and as such I'm a "licensee", as opposed to an "invitee" or a trespasser... I have the legal right to enter on your land at almost any time I feel the need.

(And you might not want to discount the possibility that I'm a better shot than you. You're not the only one with experience and training. Just sayin'.)

159 posted on 09/29/2012 5:08:10 PM PDT by Teacher317 ('Tis time to fear when tyrants seem to kiss.)
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To: donna

I’ll answer it. You may certainly come pick my pocket if the stranger is a cop in my town and his boss, the Sheriff, was duly elected by the town members AND same Sheriff believes it justified to shoot the family dog of one of our town members. I shall pay and then do my level best to elect a Sheriff that thinks otherwise the next election.

I would think the city counsel would be all over the Mayor and Sheriff for costing the town the cash and ensure that it does not happen a second time. After a few of these payouts, police across the country *should* rethink their jack-booted thuggery.


160 posted on 09/29/2012 7:09:35 PM PDT by publana (Beware the olive branch extended by a Dem for it disguises a clenched fist.)
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