Attorneys in the House

[Hoss 350]

I've a question regarding the dumbass DEA agent who shot himself in the leg while giving a lecture on gun safety to a group of children.

Right after he proclaimed to everyone in the room that "he was the only one professional enough to handle a gun" in said room, he produced said gun and shot his stupid self in said foot.

This is where my question starts, and ends. He is suing the DEA because they leaked the photo to the public. At what point in time was that video not public property? It was filmed either by the DEA or by one of the parents of one of the students. Either way, it does not (as far as I can tell) fall under the category of private or protected footage. The incident happened in a public forum, in front of a bunch of people, not behind a closed bedroom door! Besides, the tape never belonged to him, so how does he have any say in what happens to it and who gets to view it?

Attorneys, help me out here, because I am at a loss.

I am just so glad he accidentally shot his own stupid ass and not one of the kids... As far as I am concerned, "accidental" discharge of a gun does not exist. Only NEGLIGENT discharge of a gun. The fact that he was a trained DEA agent just makes it WORSE. In my opinion, he ought to have been charged with reckless or negligent endangerment (or some other charge that actually exists) because he could hve just as easily killed one of the kids...

BTW, from the day I was old enough to go to school, I was more than "professional enough" to handle a gun. Obviously, more so than this goon.

 

[jopes]

his is a trained DEA agent and he, himself does not know when his firearm is loaded - unloaded is his fault and only his fault. Too many people in this country are sue happy now.

This is only my opinion.

 

[ford4life]

Just think, we are paying his salary and will probably pay for his counsel. -mad

 

[Tx_Atty]

I used to know this area pretty well but not so much anymore. Each state is different too. He might be basing it on "public disclosure of private facts" which, in light of the circumstances would obviously lose or "false light" which would be based on what the DEA said when they released the picture. There are other privacy causes of action but I cant remember them at the moment.

Basically what I am going to guess - he, like so many people, see an opportunity to win a private lotto. He, and not the attorney that might represent him, is the problem with our legal system. We attorneys take all the blame but without a client, there is no lawsuit. Greedy clients create lawsuits. He is one. "Im a blithering dumbass and the gov't exposed me for what I am, I should cash in." The DEA will likely win under governmental immunity anyway.

 

[Swany]

he missed

 

[Hoss 350]

He might be basing it on "public disclosure of private facts" which, in light of the circumstances would obviously lose

Obviously, since it was in public that it occured. Hence my confusion, because this is the only thing I could possibly link to any form of just cause for this lawsuit.

or "false light" which would be based on what the DEA said when they released the picture.

WHich I think was nothing, since it was never "officially" released so much as some employee that had access to it posted it on the internet. So, I would also rule this one out.

There are other privacy causes of action but I cant remember them at the moment.

Do any of them apply to acts/actions/statements, etc that occured in public though?

Basically what I am going to guess - he, like so many people, see an opportunity to win a private lotto.

Probably right on here. But it seems odd that he would go through the time/effort/money to apply a lawsuit that is bound to lose??? Additionally, I knew nothing about it until he filed the lawsuit and it made the news, as I am sure millions of people did the same. SO, technically, isn't HE partially responsible for the huge public outing, by making more news about it and putting back into the headlines??? What a goon...

He, and not the attorney that might represent him, is the problem with our legal system. We attorneys take all the blame but without a client, there is no lawsuit. Greedy clients create lawsuits.

I agree, to a point. Generalizations are dangerous. Saying "all lawyers" is a dangerous thing (just like saying "all Jews" or "all white guys".) THis goes both ways. Some lawyers are what you say. Others, like one lawyer I know, are ambulance chasing sons of berry pickers, and spend most of their time trying to convince people that they have a good lawsuit for the smallest of slights and to sue. He was a pioneer in "chronic muscle pain" claims, to the point to where he came up with a new syndrome (which I cannot recall right now). He has made millions off of frivolous lawsuits which HE talked the client into filing. That said, some contractors like to do bad job and rip people off. Does that make me (a contractor, BTW) a bad person who likes to do a bad job and rip people off? No, I pride myself in doing good work and helping the owner realize the most value for the dollar spent. Some lawyers are total turds. Some are the greatest. Like the one prosecuting my cousins murderer in Ephrata, WA. This is a long story maybe I'll post on it some day, but for now, lets suffice to say that the prosecuting attorney is my hero right now.

He is one. "Im a blithering dumbass and the gov't exposed me for what I am, I should cash in."

yup. what a blithering dumbass.

The DEA will likely win under governmental immunity anyway.

Hadn't really thought of that. One more brick in the wall for Mr. Shooty McShootshisfoot. What a dumbass!

 

[Fire1]

From what I understand he was sueing because his ability to work "undercover" has been diminished/ended. Now wouldn't doing a public appearance in a shirt marked DEA somehow have already diminished that ability?

Now I am all for public education realted to firearms (so long as it is not Brady campaign propoganda), but why would you ever use your LOADED duty weapon for this exercise?? I have watched this video multiple times and it just amazes me.

 

[Tx_Atty]

I completely agree with you Hoss, there are turds in every profession. For whatever reason mine just takes a lot of guff. At least until someone slamming us needs us for some reason and then lawyers aren't so bad.

I dont know anything about what this guy is griping about but I do think that if his undercover work is one of his complaints then like Fire1 said, he kind of shot that one in the foot too (so to speak).

Seeing the upside to this now that we know no children were hurt - he has exposed himself to be a dangerous incompetent. If parents from that school aren't screaming about the risk he posed to their children they should be. Maybe the DEA will remove him from the ranks.

 

[Hoss 350]

One of my previous tirade-like novels (I mean, posts) talked about this mentality in great detail. Life has gotten pretty easy in this day and age. As a result, bad things don't happen all that often, and people get accustomed to, and take for granted, their security and safety. When bad things do happen, then, they cannot fathom the idea that sometimes, sh*% happens, and therefore HAVE to find someone to blame.
A perfect example is Hurricane Katrina. The people that stayed, it has been found, were overwhelmingly capable of getting themselves out of harm's way, but because they expected and took for granted their own safety, they did not leave. When the bad thing came, and happened, their immediate reaction was to find someone to blame, because in our safe and logical world, bad things don't just "happen", they have to have been "caused" by something or someone. SO, the time to sue is upon us, since none of them are willing or capable of accepting the fact that since they were warned days ahead of time, were told the consequences of staying, and decided to stay anyway, that THEY AND THEY ALONE are responsible for the results of their decision. It is not possible for people to accept that these days, so now, you sue whoever you can possibly link to the "cause" of your problem, and displace the blame, while at the same time, getting a heck of a payday.

It would not shock me if this guy keeps it up and sues the gun company, because the gun "misfired" on it's own without him doing anything wrong, and he was hurt. He cannot accept the fact that HE is the one that pulled the trigger, not the gun company. It has to be someone else's fault.

I cannot wait for the next volcano or earthquake or Tsunami to see how they go about blaming the government/big business, etc for THAT one!!!

 

[02SilverStroke]

I have watched this video multiple times and it just amazes me.

Where's the video? I'd love to see it. It does sound like he's a real dumbass.