police discrimination?... any help?

[bradley8902]

Can i sue the city? Heres what happened: i had just met up with some friends at the beach, soon after a police officer shows up. The people i had met up with had been drinking (theres is no drinking on the beach). When the officer came i was smoking a ciggarette (there is no smoking on the beach). The officer of course tells everyone to stop what they are doing and take a seat. One person there was obviously drunk (and admitted it), another person had beers next to him and admitted to drinking. The officer asked for my i.d. and the other two peoples i.d. He then continued to ask the others if they had been drinking and whether or not they said yes, he no longer required i.d. he then proceded to give his speal about how drinking in public was a 550 fine, and went on to address the obviously drunk person to let him know he would be going to jail for being drunk in public, and that me and the other person who's I.d. he had would be getting fines (I had not been drinking, and I told the officer I had not been drinking, needless to say I was confused). Anyway so he says to me "I'll start with you" he begins writing my ticket, all the while exchanging words with the aforementioned drunk person, and saying things along the lines of him going to jail, and eventually becoming frustrated to the point to say to him "you are not allowed to talk anymore"... when he is done writing my ticket he tells me it is a smoking ticket, and its unfortunate that he has to write me such a ridiculous ticket for something that could have been avoided... blah blah blah (side note: I didn't know I wasn't allowed to smoke on the beach)... i was actually relieved that it wasn't a drinking ticket, and of course smoking was my fault, so I didn't complain. Then he tells the other two who had given him their I.d.s to pour out all of their beer... when they are finished pouring out the beer, he just tells everyone to pack up and leave. He cites no one else, and here's the kicker (at least in my mind) I was the only black person there...

So in summation: out of the 7 people that were there, 4 admitted to drinking, and I (who was not drinking) got a smoking ticket.

 

[sandyclaus]

Can i sue the city? Heres what happened: i had just met up with some friends at the beach, soon after a police officer shows up. The people i had met up with had been drinking (theres is no drinking on the beach). When the officer came i was smoking a ciggarette (there is no smoking on the beach). The officer of course tells everyone to stop what they are doing and take a seat. One person there was obviously drunk (and admitted it), another person had beers next to him and admitted to drinking. The officer asked for my i.d. and the other two peoples i.d. He then continued to ask the others if they had been drinking and whether or not they said yes, he no longer required i.d. he then proceded to give his speal about how drinking in public was a 550 fine, and went on to address the obviously drunk person to let him know he would be going to jail for being drunk in public, and that me and the other person who's I.d. he had would be getting fines (I had not been drinking, and I told the officer I had not been drinking, needless to say I was confused). Anyway so he says to me "I'll start with you" he begins writing my ticket, all the while exchanging words with the aforementioned drunk person, and saying things along the lines of him going to jail, and eventually becoming frustrated to the point to say to him "you are not allowed to talk anymore"... when he is done writing my ticket he tells me it is a smoking ticket, and its unfortunate that he has to write me such a ridiculous ticket for something that could have been avoided... blah blah blah (side note: I didn't know I wasn't allowed to smoke on the beach)... i was actually relieved that it wasn't a drinking ticket, and of course smoking was my fault, so I didn't complain. Then he tells the other two who had given him their I.d.s to pour out all of their beer... when they are finished pouring out the beer, he just tells everyone to pack up and leave. He cites no one else, and here's the kicker (at least in my mind) I was the only black person there...

So in summation: out of the 7 people that were there, 4 admitted to drinking, and I (who was not drinking) got a smoking ticket.

Where's the discrimination? What does being black have to do with it?

You were smoking at the beach, and your friends were drinking. The officer was there to enforce the law. He could have cited ALL of those people or just the ones he wanted. Maybe it was the end of his shift, he was tired and wanted to go home. Maybe he felt that he had gotten his point across with the tickets he had already written. But there is absolutely NOTHING in what you have said that leads me to believe that there was ANY discrimination involved whatsoever.

For whatever reason, he decided to give YOU the smoking ticket, probably because you were being so belligerent. You WERE smoking, and you admit that you deserved to get the ticket. So pay it, and be on your way.

 

[bradley8902]

sandy

Where's the discrimination? What does being black have to do with it?

You were smoking at the beach, and your friends were drinking. The officer was there to enforce the law. He could have cited ALL of those people or just the ones he wanted. Maybe it was the end of his shift, he was tired and wanted to go home. Maybe he felt that he had gotten his point across with the tickets he had already written. But there is absolutely NOTHING in what you have said that leads me to believe that there was ANY discrimination involved whatsoever.

For whatever reason, he decided to give YOU the smoking ticket, probably because you were being so belligerent. You WERE smoking, and you admit that you deserved to get the ticket. So pay it, and be on your way.

U mad bro? Calm down sandy, im simply here to ask a question... you could have just as easily voiced your opinion in a more coureous way.
I don't assume to know you, you shouldn't assume to know anyone else... and looking beyond how douchey your response was, iv considered your points... but my point isnt that I don't deserve punishment, but why am I the only person to deserve it?... if your an officer enforcing the law, then your judgment on that law has to be definitive, or by definition, you are discriminating... in other words if you job is to enforce the law then, why should you be able to give a ticket one person in a group and neglect the others because "youre tired?"... if that were the case then you are making distinctions without merit... i.e. discrimination. Oh yeah and no one there was belligerent (even the drunk guy... he just talks a lot), least of all me. Idk why you thought that be something valid to say.

 

[tranquility]

You can sue the city, but, since you nothing resembling a case, you would lose.

 

[swalsh411]

Cops have a lot more discretion then you apparently realize in terms of whom they choose to not to ticket. There is no law in any jurisdiction that says every cop is required to ticket for every offense they see. You were smoking on the beach. You received a ticket for smoking on the beach. The fact that others were not ticketed for drinking has no bearing on that and is not a defense.

Unless the cop made racist statements you being black has nothing to do with it and you are just playing the race card.

 

[Mass_Shyster]

To succeed in a claim of discrimination, you will need to prove that the primary reason that you got a ticket and the others didn't is because of your race. Even if that was the officer's subjective reason for giving you the ticket, I don't see how you can prove it. There are too many reasons for the differing treatment other than race.

 

[BryanP]

It's not discrimination

I don't really think you have a case there. You did broke the law and he gave you a ticket.

 

[tranquility]

Since the officer's subjective intent is not relevant at the first stage of a civil rights lawsuit, I'm not seeing quite what some of the others do.

There was probable cause to believe you were violating the law (smoking on the beach), you were arrested based on that probable cause and, I suspect, you will be found guilty. Heck v. Humphrey 512 U.S. 477 (1994) prevents the civil rights violation if you are found guilty. No 42 U.S.C. 1983 lawsuit for you.

Now, if we're to find the cop intentionally violated your civil rights to the level of a felony, that is a different thing. But, when's the last time we've heard of such a prosecution?

 

[CdwJava]

The people i had met up with had been drinking (theres is no drinking on the beach). When the officer came i was smoking a ciggarette (there is no smoking on the beach).

Okay. So, the contact and detention was valid as a violation of the law occurred in the presence of the officer.

The officer of course tells everyone to stop what they are doing and take a seat.

Typical in a detention.

when he is done writing my ticket he tells me it is a smoking ticket, and its unfortunate that he has to write me such a ridiculous ticket for something that could have been avoided

So, you were cited for the offense that you committed. Seems fair and lawful so far.

He cites no one else, and here's the kicker (at least in my mind) I was the only black person there...

No law requires him to cite everyone ... or ANYONE, for that matter.

All because you are black does not prove it was discrimination. He likely simply got tired of dealing with you guys and way well have had other calls to go to.

Unless you have actual PROOF of racial discrimination, nothing you have written here remotely indicates that this has occurred.

 

[You Are Guilty]

Ignoring that you were guilty of the violation, how many other black guys were there smoking with you who didn't get a ticket?

 

[Just Blue]

I, as a bleeding heart Liberal, find the "race card" offensive.

 

[Proseguru]

He's Hitler ... hates smoking

 

[bradley8902]

I, as a bleeding heart Liberal, find the "race card" offensive.

You know what?... I'm not too fond of it either... I could have easily omitted the part about me being black and conveyed the same point... and recieved the same responses...for the record, I don't think that discrimination is just a suffix, reserved for words like: racial, gender, age... ect.... in this instance I see it more like a double standard (for lack of a better word)... like, why is the law applicable to me and no one else? Anyway, with the exception of sandyclaus, thank everyone for your input, it was just something I was wondering.

PS: if your heart is bleeding, you should probably get that checked out, or else you'll die soon.

 

[justalayman]

You know what?... I'm not too fond of it either... I could have easily omitted the part about me being black and conveyed the same point... and recieved the same responses...for the record, I don't think that discrimination is just a suffix, reserved for words like: racial, gender, age... ect.... in this instance I see it more like a double standard (for lack of a better word)... like, why is the law applicable to me and no one else? Anyway, with the exception of sandyclaus, thank everyone for your input, it was just something I was wondering.

PS: if your heart is bleeding, you should probably get that checked out, or else you'll die soon.

well, if you omitted the fact you were the only black guy there, I guess this thread would never have been written since it was about discrimination, right? No, you could not have conveyed the same point because it wouldn't be the same point of you were not the only black guy there.

 

[bradley8902]

well, if you omitted the fact you were the only black guy there, I guess this thread would never have been written since it was about discrimination, right? No, you could not have conveyed the same point because it wouldn't be the same point of you were not the only black guy there.

Sure... if you look at discrimination as merely a suffix rather than a word that can be used to make distinctions without merit