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Author Topic: 3/11/2022  (Read 2857 times)

razgueado

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Re: 3/11/2022
« Reply #45 on: March 11, 2022, 01:51:59 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an immediate and apparent threat of death or serious bodily injury.

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd and Wright cases, so police are still subject to these five doctrines to a significant degree. In both cases, officers were faulted, essentially, on Reasonableness, Proportionality, and Imminence.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.

In the Arbury case, the defendants failed on all five, which is why life sentences were handed down. Those were some dumbass motherfuckers. 
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FloridaDean

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Re: 3/11/2022
« Reply #46 on: March 11, 2022, 02:02:33 PM »

Happy Friday guys.
got a wet ass on the links. by the time we made the turn it started to pour. we finished 18 and the sun came out.
ready for the hottub and a nap. but maybe not in that order.
Looks like a lot of weather coming across FL today. The Players has been suspended for several hours after they tried playing through half a monsoon.

Afternoon, TradeOneWetForAnotherDean.
winter is back for the weekend.
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FloridaDean

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Re: 3/11/2022
« Reply #47 on: March 11, 2022, 02:05:10 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an imminent threat of death or serious bodily injury

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd and Wright cases, so police are still subject to these five doctrines to a significant degree. In both cases, officers were faulted, essentially, on Reasonableness, Proportionality, and Imminence.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.

this teacher didn't stand her ground against a 5 year old student.

https://www.fox13news.com/news/florida-teacher-hospitalized-after-attack-by-5-year-old-needs-surgery-union-says-its-childs-3rd-attack
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LuvTooGolf

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Re: 3/11/2022
« Reply #48 on: March 11, 2022, 02:07:09 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an imminent threat of death or serious bodily injury

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd case, so police are still subject to some degree to these five doctrines.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.
Well, I would argue recent stand your ground cases haven't followed the tenets you've laid out, but I don't care to argue, so I'm not going to.

As for the rest of it, maybe I'm coming at it from a different perspective, as the father of 3 school-aged kids. Instead of being suspended, this guy should get a medal. I'm not worried about the potential for injury or the potential for lawsuits. I'm seeing the potential child funerals that weren't being planned later that day and commending the guy. He may not have acted rationally or logically, but I'm more than happy with the results.

And in the words of Forrest Gump, that's all I've got to say about that.
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LuvTooGolf

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Re: 3/11/2022
« Reply #49 on: March 11, 2022, 02:07:41 PM »

Happy Friday guys.
got a wet ass on the links. by the time we made the turn it started to pour. we finished 18 and the sun came out.
ready for the hottub and a nap. but maybe not in that order.
Looks like a lot of weather coming across FL today. The Players has been suspended for several hours after they tried playing through half a monsoon.

Afternoon, TradeOneWetForAnotherDean.
winter is back for the weekend.
Lol, GFY.
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LuvTooGolf

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Re: 3/11/2022
« Reply #50 on: March 11, 2022, 02:08:47 PM »

We've got snow on the way tonight, 2-4 inches is the general consensus through tomorrow evening.
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LuvTooGolf

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Re: 3/11/2022
« Reply #51 on: March 11, 2022, 02:14:46 PM »

Looks like CF is dead permanently. Also, it looks like those of us who show up for the Fest but not the main ticketed event have been recognized. Lol

https://halfwheel.com/cigars-international-revamps-cigarfest-cancels-mega-herf/405844/?fbclid=IwAR2LKTZYQ6xPnsCZ0JZxwrFr3VCY-igKjluci0EvzCsruxN9tEbVfslewKg
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LuvTooGolf

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Re: 3/11/2022
« Reply #52 on: March 11, 2022, 02:18:31 PM »

And now, I bid you hazzuh!
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FloridaDean

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Re: 3/11/2022
« Reply #53 on: March 11, 2022, 02:22:56 PM »

Looks like CF is dead permanently. Also, it looks like those of us who show up for the Fest but not the main ticketed event have been recognized. Lol

https://halfwheel.com/cigars-international-revamps-cigarfest-cancels-mega-herf/405844/?fbclid=IwAR2LKTZYQ6xPnsCZ0JZxwrFr3VCY-igKjluci0EvzCsruxN9tEbVfslewKg
no tailgating without a ticket?
Barry must be smoking in his grave.
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razgueado

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Re: 3/11/2022
« Reply #54 on: March 11, 2022, 02:25:55 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an imminent threat of death or serious bodily injury

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd case, so police are still subject to some degree to these five doctrines.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.
Well, I would argue recent stand your ground cases haven't followed the tenets you've laid out, but I don't care to argue, so I'm not going to.

As for the rest of it, maybe I'm coming at it from a different perspective, as the father of 3 school-aged kids. Instead of being suspended, this guy should get a medal. I'm not worried about the potential for injury or the potential for lawsuits. I'm seeing the potential child funerals that weren't being planned later that day and commending the guy. He may not have acted rationally or logically, but I'm more than happy with the results.

And in the words of Forrest Gump, that's all I've got to say about that.

You'd have to cite which cases you are referring to, because I'm not familiar with any that didn't.  The Zimmerman and Rittenhouse cases both did, explicitly. I'd personally fault both for insufficient Avoidance, but in neither case did they exceed thresholds established in legal precedent. The press would like you to believe they did, but law and precedent say otherwise. The press is uniformly idiotic when it comes to self-defense issues. In the Rittenhouse case, the press made a huge and persistent stink about the fact that he was a minor carrying an AR-15. Horror! Outrage! Except it was legal under Wisconsin law, and under the laws of numerous other states as well. Rittenhouse failed none of the five doctrines per established legal thresholds, according to precedent. None. Neither did Zimmerman. Zimmerman was a dumbass, and his tactics were pathetic, and I'd personally like to bitch-slap him for that. But he managed not to violate the law. He might have been convicted in New York on Avoidance grounds, because New York is a duty to retreat state, and while Zimmerman WAS trying to retreat, New York might have been able to convict him on the basis of his following Trayvon Martin in the first place. But Florida is not a duty-to-retreat state. Under Florida law, Zimmerman had as much right to be where he was as Trayvon Martin did.

Interestingly, my state is not a Stand-Your-Ground state, but if you don't read the law carefully it's easy to mistake it for one. This is a frequent eye-opener in training classes I teach. Washington is not a Duty-to-Retreat state, either. But the law here does not, as in Florida, restrict certain Avoidance doctrines from being entered into evidence. I joke that Washington is a "take your chances state."

I can understand the sentiment about the coach. I am sympathetic. But as I teach the members of the church security team for which I am responsible, sentiment doesn't amount to much when you go on trial. We design exercises that put our team in these kinds of difficult situations, and it's a real eye-opener for them when we have to debrief them on what they did that could get them - and me - jailed for a long time.
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Travellin Dave

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Re: 3/11/2022
« Reply #55 on: March 11, 2022, 02:48:56 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html

Sounds like something in Cali. or Washington, but Georgia?
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Travellin Dave

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Re: 3/11/2022
« Reply #56 on: March 11, 2022, 02:51:55 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an immediate and apparent threat of death or serious bodily injury.

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd and Wright cases, so police are still subject to these five doctrines to a significant degree. In both cases, officers were faulted, essentially, on Reasonableness, Proportionality, and Imminence.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.

In the Arbury case, the defendants failed on all five, which is why life sentences were handed down. Those were some dumbass motherfuckers.
And they probably would have gotten away with it if it weren't for the videos and comments the three rednecks posted on social media.
Remember that there were no charges filed for about 2 months...only until after posted video was circulated to a larger audience.
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Travellin Dave

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Re: 3/11/2022
« Reply #57 on: March 11, 2022, 02:58:00 PM »

Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an immediate and apparent threat of death or serious bodily injury.

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd and Wright cases, so police are still subject to these five doctrines to a significant degree. In both cases, officers were faulted, essentially, on Reasonableness, Proportionality, and Imminence.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.

In the Arbury case, the defendants failed on all five, which is why life sentences were handed down. Those were some dumbass motherfuckers.
And they probably would have gotten away with it if it weren't for the videos and comments the three rednecks posted on social media.
Remember that there were no charges filed for about 2 months...only until after posted video was circulated to a larger audience.
And their federal charges (just like the Jan 6 dumbasses) were made on their own social postings.
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razgueado

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Re: 3/11/2022
« Reply #58 on: March 11, 2022, 03:04:01 PM »



Teacher stops potential school shooting, gets suspended. This fucking country, I swear...

https://currently.att.yahoo.com/news/teacher-suspended-restraining-armed-student-164158446.html
Wow. I was confused by the title but even more so after reading the details. WTF?
It's a little more complicated than it sounds, but yeah, it IS nuts.  The fault is our lawsuit-happy society.  Teachers and administrators are very much forbidden to manhandle or restrain students, and violating those policies will get swift termination. Even if a student assaults a teacher, the teacher is expected to evade and seek safety, and NOT to grapple with the student unless there is an imminent threat of injury or death and evasion is not an option. 

So in this case, the school district is alleging that the coach should have allowed the resource officer and administrator that were present to pursue the efforts to locate the firearms. It would have been one thing if the student had been holding the firearm, or the coach could see some evidence that the student had the firearm on their person.  But that wasn't the case.  The firearm was located later in a book-bag.

So...it's complicated.  I can see both sides of this.

However - as a serious student of self-defense, both armed and unarmed, and its legal ramifications, my opinion is that the coach fucked up.  He lost his temper when the student threw a stapler, grabbed the student by the shirt, shoved him against the wall and held him there.  Even if we take all the education system rules about restraint out of this discussion, and just make it a self-defense situation, it was stupid.  A weapon had not been presented, and there were other people in the room, so there's no imminent threat of death or serious injury.  At that point, you want to maintain enough distance to adequately respond to any threatening movements. You do NOT want to grapple unless there is no other choice - like if the miscreant grabs you. In a self-defense situation, you want to strike hard and fast, mitigate the threat, and disengage quickly.  If you grab them by the shirt and shove them against the wall, you can't see what their hands are doing and they could easily split your gut with a knife, or fish out a concealed gun and shoot you. This coach should have been de-escalating, with eyes on every movement the student made, not suddenly going Rambo on the punk. So it was a dumb move from a self-defense perspective.  The teacher lost his cool, and losing your cool in a potentially dangerous situation leads to stupid things.

Self-defense is really complicated.
Too bad this wasn't in FL, they have very ...let's say loose... self-defense laws.
No, Florida doesn't, actually. It's a stand-your-ground state, but use of force is subject to the same legal doctrines in all fifty states.

There are five elements to a successful defense of use of potentially deadly force. They are:

Innocence - you can't have provoked the confrontation.

Imminence - there must be an immediate and apparent threat of death or serious bodily injury.

Reasonableness - a reasonable person would assess the threat and respond the same way

Proportionality - the response must be proportional to the threat, and involve only action needed to end the threat. You don't get to shoot someone who is running away,  or administer a headshot to finish an attacker who is laying on the ground bleeding from the bullets you already administered.

Avoidance - Reasonable effort should have been made to avoid or evade the confrontation. In stand-your-ground states avoidance may be diluted some, but in NO state is it completely obviated.

Of these, the most important is always Reasonableness.

Now, the coach in Georgia didn't use lethal force, but he used force that could have led to injury. So, if we apply these principles to the coach, in my opinion he fails, at least in part, on Imminence, Proportionality, and Reasonableness, and I'm betting that these are exactly what the school district is basing its response on.

Law enforcement officers have some protection under limited-immunity doctrines, but that is not complete protection, as we've seen in the Floyd and Wright cases, so police are still subject to these five doctrines to a significant degree. In both cases, officers were faulted, essentially, on Reasonableness, Proportionality, and Imminence.

Civilians, including teachers, coaches, and school administrators, do not get limited immunity.

In the Arbury case, the defendants failed on all five, which is why life sentences were handed down. Those were some dumbass motherfuckers.
And they probably would have gotten away with it if it weren't for the videos and comments the three rednecks posted on social media.

I don't think so. There was still the problem that Arbury was unarmed, and there were three of them, and they were armed. Even without the video, there are major Imminence, Innocence, Proportionality, and Reasonableness problems. It is true that the local authorities did not exercise due diligence. But some ambitious attorney was going to push the issue, if for no other reason than fame and fortune. That case was begging for it. 

While I am a major proponent of Second Amendment rights, obviously, those rights are not served by incompetent enforcement of law. I do not believe we need any other law than the frameworks that define these five principles. They are sufficient, and anything additional is political grandstanding. But these principles should be strictly applied.
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LuvTooGolf

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Re: 3/11/2022
« Reply #59 on: March 11, 2022, 03:05:33 PM »

Looks like CF is dead permanently. Also, it looks like those of us who show up for the Fest but not the main ticketed event have been recognized. Lol

https://halfwheel.com/cigars-international-revamps-cigarfest-cancels-mega-herf/405844/?fbclid=IwAR2LKTZYQ6xPnsCZ0JZxwrFr3VCY-igKjluci0EvzCsruxN9tEbVfslewKg
no tailgating without a ticket?
Barry must be smoking in his grave.
No more tickets at all. No more big fest, just a serious of small and free store events. Pretty much like CF for those of us who skipped the main event in recent years.
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