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Off Topics News & Politics > if this doesnt get your panties in a knot nothing will
 
 
helibuyer
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Location: springport mi usa

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Judge says robber can sue if he posts $10K bond
Posted 11/4/2009 4:05 AM ET
MOUNT CLEMENS, Mich. (AP) — A judge says a man who was shot and allegedly beaten by the operators of a party store he had just robbed may continue his lawsuit against them, but only if he posts a $10,000 bond.

Scott T. Zielinski is serving an 8-year prison term after being convicted of unarmed robbery in the November 2007 holdup at Nick's Party Stop in Macomb County's Clinton Township. The 23-year-old in April sued the store, store owner John Acho and three employees including Acho's nephew Justin Kallo, who shot Zielinski twice after the robbery.

Circuit Judge David Viviano ordered Monday that although Zielinski is indigent and imprisoned, he must post the bond within two weeks in case he loses his lawsuit and must pay the victors' attorney fees.

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11-04-2009 02:23 PM
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fla heli boy
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Location: cape coral, florida

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In essence shutting down his lawsuit and protecting the store owners.

I had to read it twice to get what the judge was doing. Otherwise when this clown gets out he'll sue the courts as well for denying him his due process on the lawsuit. Now they're covered. Pretty smart really.

"go with God son......and a bag full of guns"
11-04-2009 05:27 PM
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frankg11
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Location: Bellevue, WA

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Just remember that the Civil court system is much more lenient than the criminal courts.

E.G. - O.J. got off in Criminal Court yet the Civil Court system found him partially guilty and took most of his money.

So this looks like a criminal case not civil. The Judge is correct in making the guy post bond to cover criminal case if the defendants win.

The dude can still find a civil attorney to sue the store I think. Not quite sure but I have seen stuff like this before.

My 2 cents.
11-04-2009 06:06 PM
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fla heli boy
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Location: cape coral, florida

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no - read it again. He has been convicted of the criminal and sentenced to 8 years. He is already sueing civilly....what the judge is saying is that since he is indigent (in jail) and has no money, he has to post 10k bond to cover the legal fees if he LOSES and that way the store owners attorneys are covered. His attorneys fees will only be covered if he finds somebody stupid enough to take the case on contingency while he's still sitting in jail for the crime. Theres somebody out there hungry enough to take it.

"go with God son......and a bag full of guns"
11-04-2009 06:17 PM
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baby uh1
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Location: St. James, Mo.

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Quote 
Theres somebody out there hungry enough to take it.

I don't think so since they would have to finance the whole thing out of their own pockets. Lawyers don't like to bet with their own money.

The pen is mightier than the sword, unless you're actually in a sword fight!
11-05-2009 01:05 AM
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helibuyer
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Location: springport mi usa

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well i didnt think i would ever say this but thank god for greedy lawyers then

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11-05-2009 12:49 PM
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OzarkCopterBum
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Location: Arkansas Ozarks

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Quote 
So this looks like a criminal case not civil. The Judge is correct in making the guy post bond to cover criminal case if the defendants win.

You don't sue in criminal court and the state prosecutes alleged criminals, not the victim. The prosecutor can still file charges against the store owners and employees if he believes that their reaction was unwarranted or excessive and the judge is obligated to hear it bond or not.

The robber is probably trying to sue for damages with the premise that 3 persons beating him after being shot twice is excessive and unnecessary. If he loses he could be held liable for lawyers fees and court costs and that's where the bond part comes in.

Repo man's got all day and all night! Lets go get a drink!
11-05-2009 07:22 PM
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Off Topics News & Politics > if this doesnt get your panties in a knot nothing will
 
 
fla heli boy
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Location: cape coral, florida

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rightio Ozark. That's the way I read it anyway.

"go with God son......and a bag full of guns"
11-05-2009 07:35 PM
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Off Topics News & Politics > if this doesnt get your panties in a knot nothing will
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