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Strauss-Kahn Case Seen as in Jeopardy

Started by Martinus, July 01, 2011, 02:13:22 AM

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Neil

Quote from: HVC on August 23, 2011, 06:04:10 PM
So case dropped. Can he sue for monetary damages? Guy lost his job and future earnings and what not
Maybe he could sue the dirt poor immigrant maid.  Mind you, he's not unemployable or anything in the future.
I do not hate you, nor do I love you, but you are made out of atoms which I can use for something else.

HVC

Can he sue the police for informing the media about his perp walk? He fact that he was charged is public knowledge, but he cops telling the media where he'll be goes pretty far.
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

Malthus

Quote from: Neil on August 23, 2011, 06:09:25 PM
Quote from: HVC on August 23, 2011, 06:04:10 PM
So case dropped. Can he sue for monetary damages? Guy lost his job and future earnings and what not
Maybe he could sue the dirt poor immigrant maid.  Mind you, he's not unemployable or anything in the future.

I'm sure he could come up with a few suggestions as to how she could work off the award against her.  :hmm:
The object of life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane—Marcus Aurelius

Barrister

Quote from: HVC on August 23, 2011, 06:04:10 PM
So case dropped. Can he sue for monetary damages? Guy lost his job and future earnings and what not

Extremely unlikely.  Police have a duty to investigate and arrest as necessary.

To allow lawsuits would have a "chilling effect" on the ability of police to investigate crimes.  In order for a successful lawsuit you would generally have to show actual malice or bad faith - at least in Canadian law.
Posts here are my own private opinions.  I do not speak for my employer.

Razgovory

Quote from: Barrister on August 24, 2011, 05:37:19 PM
Quote from: HVC on August 23, 2011, 06:04:10 PM
So case dropped. Can he sue for monetary damages? Guy lost his job and future earnings and what not

Extremely unlikely.  Police have a duty to investigate and arrest as necessary.

To allow lawsuits would have a "chilling effect" on the ability of police to investigate crimes.  In order for a successful lawsuit you would generally have to show actual malice or bad faith - at least in Canadian law.

I don't see how they even acted wrong.  They had a criminal complaint of a serious kind with a suspect who was about the to flee the country.  They should take such cases seriously.  It's not like they should have told her to go piss up a rope.
I've given it serious thought. I must scorn the ways of my family, and seek a Japanese woman to yield me my progeny. He shall live in the lands of the east, and be well tutored in his sacred trust to weave the best traditions of Japan and the Sacred South together, until such time as he (or, indeed his house, which will periodically require infusion of both Southern and Japanese bloodlines of note) can deliver to the South it's independence, either in this world or in space.  -Lettow April of 2011

Raz is right. -MadImmortalMan March of 2017

HVC

Quote from: Barrister on August 24, 2011, 05:37:19 PM
Quote from: HVC on August 23, 2011, 06:04:10 PM
So case dropped. Can he sue for monetary damages? Guy lost his job and future earnings and what not

Extremely unlikely.  Police have a duty to investigate and arrest as necessary.

To allow lawsuits would have a "chilling effect" on the ability of police to investigate crimes.  In order for a successful lawsuit you would generally have to show actual malice or bad faith - at least in Canadian law.
i don't mean sue for charging, but more along my clarification of suing for tipping off the press the the perp walk. that wasn't necessary to the pusuit of justice.
Being lazy is bad; unless you still get what you want, then it's called "patience".
Hubris must be punished. Severely.

Neil

Quote from: HVC on August 24, 2011, 07:10:40 PM
Quote from: Barrister on August 24, 2011, 05:37:19 PM
Quote from: HVC on August 23, 2011, 06:04:10 PM
So case dropped. Can he sue for monetary damages? Guy lost his job and future earnings and what not
Extremely unlikely.  Police have a duty to investigate and arrest as necessary.

To allow lawsuits would have a "chilling effect" on the ability of police to investigate crimes.  In order for a successful lawsuit you would generally have to show actual malice or bad faith - at least in Canadian law.
i don't mean sue for charging, but more along my clarification of suing for tipping off the press the the perp walk. that wasn't necessary to the pusuit of justice.
Given that the NYPD has a long, storied history of doing so, I don't think that's a winner.  He should wipe the maid out just to send a message, but going after the state of New York will cost him legal fees and win him nothing.
I do not hate you, nor do I love you, but you are made out of atoms which I can use for something else.

The Minsky Moment

Quote from: HVC on August 24, 2011, 07:10:40 PM
i don't mean sue for charging, but more along my clarification of suing for tipping off the press the the perp walk. that wasn't necessary to the pusuit of justice.

This issue has often been litigated.  The police can conduct a perp walk if it is an actual arrest in real time, and there is an actual purpose of transporting the subject.  they can also tip off the press is advance.  They can't "stage" an event once the suspect is in custody.
The purpose of studying economics is not to acquire a set of ready-made answers to economic questions, but to learn how to avoid being deceived by economists.
--Joan Robinson

garbon

"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

garbon

http://news.yahoo.com/ap-source-strauss-kahn-ny-hotel-maid-settle-002203518.html

QuoteStrauss-Kahn, NY hotel maid to settle

Word of a settlement agreement between former International Monetary Fund chief Dominique Strauss-Kahn and a hotel maid who accused him of trying to rape her could bring an end to a saga that has tarnished Strauss-Kahn's reputation, ended his hopes for the French presidency and renewed a debate about the credibility of sexual assault accusers.

But it might not mean the end of legal troubles for Strauss-Kahn. He is awaiting a ruling on whether he is linked to "pimping" in connection with a French prostitution ring.

A person familiar with the New York case said Thursday that lawyers for Strauss-Kahn and the housekeeper, Nafissatou Diallo, made the as-yet-unsigned agreement within recent days, with Bronx Supreme Court Justice Douglas McKeon facilitating that and a separate agreement to end another lawsuit Diallo filed against the New York Post. A court date is expected next week, though the day wasn't set, the person said.

The person spoke to The Associated Press on the condition of anonymity to discuss the private agreement.

Details of the deal, which comes after prosecutors dropped related criminal charges last year, weren't immediately known and likely will be veiled by a confidentiality agreement. That could prevent Strauss-Kahn and Diallo from speaking publicly about a May 2011 encounter that she called a brutally sudden attack and he termed a consensual "moral failing."

Strauss-Kahn lawyer William W. Taylor III declined to comment. Lawyers for the housekeeper didn't immediately respond to phone and email messages.
Diallo, 33, and Strauss-Kahn, 63, crossed paths when she arrived to clean his luxury Manhattan hotel suite. She told police he chased her down, tried to yank down her pantyhose and forced her to perform oral sex.

The allegation seemed to let loose a spiral of accusations about the sexual conduct of Strauss-Kahn, a married diplomat and economist who had long been dubbed the "great seducer."

With DNA evidence showing a sexual encounter and Diallo providing a gripping description of an attack, the Manhattan district attorney's office initially said it had a strong and compelling case. But within six weeks, prosecutors' confidence began to ebb as they said Diallo had lied about her past — including a false account of a previous rape — and her actions after leaving Strauss-Kahn's room.

Diallo, who's from Guinea, said she told the truth about their encounter. But the district attorney's office dropped the charges in August 2011, saying prosecutors could no longer ask a jury to believe her.

Diallo had sued Strauss-Kahn in the meantime, with her lawyers saying she would get her day in a different court. Strauss-Kahn called the lawsuit defamatory and countersued her for $1 million.

Strauss-Kahn's whereabouts Friday were unclear. After his return to France in September 2011, Strauss-Kahn initially kept a very low profile. But in recent months, he has shown signs he is trying to rebuild his professional reputation, giving speeches at international conferences and reportedly setting up a consulting company in Paris.

Unconfirmed reports surfaced Wednesday that Diallo was in Paris this week on the invitation of a feminist group. A French lawyer who works with her U.S. defense team, Thierry de Montbrial, told The Associated Press that the reports were untrue. He declined any comment on the settlement.

Diallo's lawsuit against The Post concerned a series of articles that called her a prostitute and said she sold sex at a hotel where the Manhattan DA's office had housed her during the criminal case. The News Corp. newspaper has said it stands by its reporting; a spokeswoman declined to comment Thursday.

In helping resolve the cases, McKeon averted what could have been an ugly court drama.

Strauss-Kahn initially said he had diplomatic immunity, an argument the judge turned down in May. Strauss-Kahn's lawyers had since asked McKeon to throw out part of her claim for other legal reasons. Court records show the judge had yet to rule on that and several other legal issues, and it appeared that a high-stakes step — depositions, or pretrial questioning under oath — had not yet been taken. Depositions can give both sides information and a better picture of how strong the key parties and other witnesses might be in court.

While the vast majority of civil cases end in settlements, some legal observers were surprised that the deal between Strauss-Kahn and Diallo came before the legal arguments were resolved.

"I really expected it to go a little farther," said Matthew Galluzzo, a criminal defense lawyer and civil litigator who has been following the Strauss-Kahn case closely.

Still, the case likely had taken a toll on both Diallo, a single mother of a teenage daughter, and Strauss-Kahn, who has found himself plagued by accusations of sexual misconduct that further sullied his reputation. The Socialist had been seen as a potential leading candidate for the French presidency before his New York arrest.

In France, judges are to decide by Dec. 19 whether to annul charges linking him to a suspected prostitution ring run out of a luxury hotel in Lille. He acknowledges attending "libertine" gatherings but denies knowing that some women present were paid.

In August, a separate case against Strauss-Kahn, centered on allegations of rape in a Washington, D.C., hotel, was dropped after French prosecutors said the accuser, an escort, changed her account to say she wasn't raped.

Soon after Strauss-Kahn's arrest in New York last year, French writer Tristane Banon accused him of attempting to rape her during an interview in 2003, a claim he called imaginary and slanderous. Prosecutors said they believed the encounter qualified as a sexual assault, but the legal timeframe to pursue her complaint had elapsed.

The Associated Press does not name people who report being sexually assaulted unless they come forward publicly, as Diallo and Banon have done.

Strauss-Kahn has separated from his wife, journalist and heiress Anne Sinclair, who stood by him through the allegations in New York. The two said they were filing a lawsuit this summer against a French magazine, citing invasion of privacy, for reporting they had split, but Sinclair later acknowledged it was true.

The New York Times first reported the agreement between Strauss-Kahn and Diallo.
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

CountDeMoney

You see that, garbon?  $6M?

You can let yourself get molested by an old lech, too.  Score at least a good $6K.

garbon

Quote from: CountDeMoney on November 30, 2012, 02:00:48 PM
You see that, garbon?  $6M?

You can let yourself get molested by an old lech, too.  Score at least a good $6K.

Set it up!
"I've never been quite sure what the point of a eunuch is, if truth be told. It seems to me they're only men with the useful bits cut off."
I drank because I wanted to drown my sorrows, but now the damned things have learned to swim.

crazy canuck

Quote from: MadImmortalMan on July 01, 2011, 11:39:45 AM
Moral: Don't get raped by someone with powerful connections.

Turns out you were only partly correct.

Funnily this was the first post I saw when I hit the new button.  Hadnt read the thread is a while.