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Re:The Human Toll of Flashbangs by kevin_thibedeau on Tuesday January 13, 2015 @08:40PM (#8883761)
What's most amazing is how smug and unapologetic the involved LEOs are when they've been interviewed on camera about this incident. One can only hope that the video is accepted as evidence in the civil case and will add a significant multiplier to the damages awarded.
Re:The Human Toll of Flashbangs by kyrra on Tuesday January 13, 2015 @08:47PM (#8883795)
I'm guessing their lawyers have told them not to apologize (show apathy), as it may actually be worse for them in the civil suit.
Re:The Human Toll of Flashbangs by anigbrowl on Tuesday January 13, 2015 @09:22PM (#8883911)
FYI you wrote apathy when you likely meant empathy.
Re:The Human Toll of Flashbangs by tgb on Tuesday January 13, 2015 @09:39PM (#8883959)
Apathy fits there if you take the parenthetical to be clarifying "not apologize" instead of just "apologize".
Re:The Human Toll of Flashbangs by RyJones on Tuesday January 13, 2015 @08:57PM (#8883831)
Cops in the US are immune to civil liability for acts while on duty.
Re:The Human Toll of Flashbangs by jMyles on Tuesday January 13, 2015 @09:05PM (#8883858)
There are two flaws in this statement:

1) Police, and most public officials, are subject to qualified, not absolute, immunity.

2) Given that municipal or state governments have to pick up the check when juries find against police departments, the comment you are responding to is still sensible (I'm not saying I agree with it, only that it's not illogical in the matter that you seem to be suggesting).

Re:The Human Toll of Flashbangs by benihana on Tuesday January 13, 2015 @09:08PM (#8883864)
This comment doesn't need to be downvoted. It's not stating anything as fact - quite the opposite - it's very clear it's just a guess. And it makes logical sense according to this [1]

1. http://en.wikipedia.org/wiki/Non-apology_apology

Re:The Human Toll of Flashbangs by wl on Tuesday January 13, 2015 @09:34PM (#8883949)
The officers involved most likely were following both their training and their department's policy here. That something terrible happened as a result doesn't necessarily mean they did something wrong from a legal and professional standpoint. Police work is full of situations that are ugly, even when well-thought out policy is followed to the T.

Of course, the wisdom of ever using flash bangs in policing outside of extraordinary circumstances is suspect.

Re:The Human Toll of Flashbangs by sseveran on Tuesday January 13, 2015 @09:51PM (#8883997)
Which is of course the problem with departmental policy. We routinely see SWAT teams investigating themselves and finding that everything they did was in line with departmental policy.
Re:The Human Toll of Flashbangs by sitkack on Wednesday January 14, 2015 @09:40AM (#8886466)
And policy is not law. We should not allow a shield of false legitimacy protect illegal actions.
Re:The Human Toll of Flashbangs by wl on Wednesday January 14, 2015 @11:02AM (#8887053)
The problem is that the law often isn't clear. You have assault, battery, manslaughter, murder, unlawful detainment, and similar laws on the books, all with varying requirements and all with various carveouts for law enforcement, self-defense, etc. They tend to be written in broad language because real life is complicated. In the end, the law in this area is generally in the form of case law created by courts in response to novel situations. The courts have to make judgement calls. In my experience, LE agencies make a lot of effort to ensure their policies conform to existing caselaw and cover the gaps in it. Sometimes they get it wrong. But more often than not, when a policy is particularly egregious, the underlying law is to blame.

In the end, police have broad authority to use reasonable force to effect lawful arrests and searches. And most people don't understand just how broad that authority is under the law.

Re:The Human Toll of Flashbangs by sitkack on Friday January 16, 2015 @03:12AM (#8897724)
Which is why the cases in which the police harm or injure people should be brought before the court. Not decided by a prosecutor or grand jury, those entities shouldn't be deciding what is lawful.