Woman calls cops another Black Jogger
cyberdad wrote:
TheRobotLives wrote:
He would have to admit to a felony of offering treats to pets, and possibly other felonies for all the other times he did that.
How exactly is anything he did a felony??
In simple terms: Pets are considered "property under law (rightly or wrongly), and so his attempt to gain possesion of the dog\remove it from the owner would constitute theft\attempted theft in most jurisdictions.
In this particular case...
Quote:
4. New York
In New York state, stealing a dog is a class E felony that could land you in jail for up to 6 months. In 2014, New York raised its fine for dog theft from $200 to $1,000, regardless of the dog’s monetary value.
In New York state, stealing a dog is a class E felony that could land you in jail for up to 6 months. In 2014, New York raised its fine for dog theft from $200 to $1,000, regardless of the dog’s monetary value.
Source: https://www.caninejournal.com/stolen-dog/
This appears (based on minimal research) to comprise of:
Quote:
Section 366 Companion animal stealing
Agriculture & Markets (AGM)
It shall be unlawful for any person:
<...>
2. To entice, seize or molest any companion animal, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation;
<...>
Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six months, or by both.
Agriculture & Markets (AGM)
It shall be unlawful for any person:
<...>
2. To entice, seize or molest any companion animal, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation;
<...>
Any person violating any of the provisions of this section, upon conviction thereof, shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not to exceed six months, or by both.
Source: https://www.nysenate.gov/legislation/laws/AGM/366
From the same statute:
Quote:
Section 350 Definitions
Agriculture & Markets (AGM)
<...>
5. "Companion animal" or "pet" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Pet" or "companion animal" shall not include a "farm animal" as defined in this section.
Agriculture & Markets (AGM)
<...>
5. "Companion animal" or "pet" means any dog or cat, and shall also mean any other domesticated animal normally maintained in or near the household of the owner or person who cares for such other domesticated animal. "Pet" or "companion animal" shall not include a "farm animal" as defined in this section.
Given this fits into the category of theft (or at minimum, attempted theft), we also have:
Quote:
Section 155.05 Larceny; defined
Penal (PEN)
1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.
Penal (PEN)
1. A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof.
Source: https://www.nysenate.gov/legislation/laws/PEN/155.05
And the felony section here would likely come in the form of:
Quote:
Section 155.30 Grand Larceny in the fourth degree
Penal (PEN)
A person is guilty of grand larceny in the fourth degree when he steals property and when:
1. The value of the property exceeds one thousand dollars; or
<...>
5. The property, regardless of its nature and value, is taken from the person of another; or
6. The property, regardless of its nature and value, is obtained by extortion; or
<...>
Grand larceny in the fourth degree is a class E felony.
Penal (PEN)
A person is guilty of grand larceny in the fourth degree when he steals property and when:
1. The value of the property exceeds one thousand dollars; or
<...>
5. The property, regardless of its nature and value, is taken from the person of another; or
6. The property, regardless of its nature and value, is obtained by extortion; or
<...>
Grand larceny in the fourth degree is a class E felony.
Source: https://www.nysenate.gov/legislation/laws/PEN/155.30
I'm not certain that the "extortion" (6 in above) would neccesarily apply, but have included it as theoretically it could fit what is known.
Section 5 above refers to the difference between taking something when the owner is present and known, as opposed to what is known as "theft by finding":
Quote:
Theft by finding occurs when someone chances upon an object which seems abandoned and takes possession of the object but fails to take steps to establish whether the object is genuinely abandoned and not merely lost or unattended.
Source: https://en.wikipedia.org/wiki/Theft_by_finding
cyberdad wrote:
They would have to prove intent though to steal the dog.
From above:
Quote:
A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself
Coupled with:
Quote:
“ME (to the dog): Come here, puppy!
“HER: He won’t come to you.
“ME: We’ll see about that…” before adding, “I pull out the dog treats I carry for just for such intransigence. I didn’t even get a chance to toss any treats to the pooch before Karen scrambled to grab the dog.
“HER: DON’T YOU TOUCH MY DOG!! !! !
“HER: He won’t come to you.
“ME: We’ll see about that…” before adding, “I pull out the dog treats I carry for just for such intransigence. I didn’t even get a chance to toss any treats to the pooch before Karen scrambled to grab the dog.
“HER: DON’T YOU TOUCH MY DOG!! !! !
Source: https://nypost.com/2020/05/26/christian-cooper-recounts-amy-cooper-incident-before-video-footage/
So, you have Mr Cooper appearing to be attempting to "appropriate" the dog (or deprive the owner of it), through the use of the dog treats to have the dog come to him, and away from its lawful owner...His future plans regarding the dog (keep it\leave area with it, or simply return it\allow it to return to its owner) are irrelevent.
Or, substituting a child for the dog in the situation, you would have kidnapping (which is essentially equivalent to "theft" of a person at a basic level).
It's not a complex thing to understand...
It seems like she should sue for defamation, for Franklin Templeton publicly calling her a racist.
Not for racial and sexual discrimination.
_________________
Then a hero comes along, with the strength to carry on, and you cast your fears aside, and you know you can survive.
Be the hero of your life.
Last edited by TheRobotLives on 28 May 2021, 2:09 am, edited 1 time in total.
cyberdad wrote:
I am curious who is her legal representatio.
"Amy Cooper's attorneys Andrea Paparella and Matthew Litt"
https://people.com/human-interest/amy-c ... -incident/
_________________
Then a hero comes along, with the strength to carry on, and you cast your fears aside, and you know you can survive.
Be the hero of your life.
Brictoria wrote:
cyberdad wrote:
They would have to prove intent though to steal the dog.
From above:
Quote:
A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself
Coupled with:
Quote:
“ME (to the dog): Come here, puppy!
“HER: He won’t come to you.
“ME: We’ll see about that…” before adding, “I pull out the dog treats I carry for just for such intransigence. I didn’t even get a chance to toss any treats to the pooch before Karen scrambled to grab the dog.
“HER: DON’T YOU TOUCH MY DOG!! ! ! !
“HER: He won’t come to you.
“ME: We’ll see about that…” before adding, “I pull out the dog treats I carry for just for such intransigence. I didn’t even get a chance to toss any treats to the pooch before Karen scrambled to grab the dog.
“HER: DON’T YOU TOUCH MY DOG!! ! ! !
Source: https://nypost.com/2020/05/26/christian-cooper-recounts-amy-cooper-incident-before-video-footage/
So, you have Mr Cooper appearing to be attempting to "appropriate" the dog (or deprive the owner of it), through the use of the dog treats to have the dog come to him, and away from its lawful owner...His future plans regarding the dog (keep it\leave area with it, or simply return it\allow it to return to its owner) are irrelevent.
Or, substituting a child for the dog in the situation, you would have kidnapping (which is essentially equivalent to "theft" of a person at a basic level).
It's not a complex thing to understand...
Proving intent is another matter and is more complex. Cooper himself has never said what he intended to do if he offered the dog treats, his intention at worst would have been to remove the dog from the area where it says "no dogs allowed" or he just thought the dog was hungry.
TheRobotLives wrote:
It seems like she should sue for defamation, for Franklin Templeton publicly calling her a racist.
Not for racial and sexual discrimination.
Not for racial and sexual discrimination.
Her law suit is not going anywhere.
Franklin Templeton will simply use Amy Cooper's own words to have this libel thrown out of court
Amy initially apologized to Christian shortly after the incident, telling WNBC at the time: "[b]It was unacceptable. And you know words are just words and I can't undo what I did. I sincerely and humbly apologize to everyone. Especially to that man, his family."[/b]
Secondly she volunteered to undergo psychotherapy to avoid being charged with falsely reporting an incident in the third degree
By her own admission she was being racist in order to threaten Christian Cooper, she knew it, her employer knew it.....no neo-Nazi happy endings like for Nicholas Sandmann or Kyle Rittenhouse.
cyberdad wrote:
Brictoria wrote:
cyberdad wrote:
They would have to prove intent though to steal the dog.
From above:
Quote:
A person steals property and commits larceny when, with intent to deprive another of property or to appropriate the same to himself
Coupled with:
Quote:
“ME (to the dog): Come here, puppy!
“HER: He won’t come to you.
“ME: We’ll see about that…” before adding, “I pull out the dog treats I carry for just for such intransigence. I didn’t even get a chance to toss any treats to the pooch before Karen scrambled to grab the dog.
“HER: DON’T YOU TOUCH MY DOG!! ! ! !
“HER: He won’t come to you.
“ME: We’ll see about that…” before adding, “I pull out the dog treats I carry for just for such intransigence. I didn’t even get a chance to toss any treats to the pooch before Karen scrambled to grab the dog.
“HER: DON’T YOU TOUCH MY DOG!! ! ! !
Source: https://nypost.com/2020/05/26/christian-cooper-recounts-amy-cooper-incident-before-video-footage/
So, you have Mr Cooper appearing to be attempting to "appropriate" the dog (or deprive the owner of it), through the use of the dog treats to have the dog come to him, and away from its lawful owner...His future plans regarding the dog (keep it\leave area with it, or simply return it\allow it to return to its owner) are irrelevent.
Or, substituting a child for the dog in the situation, you would have kidnapping (which is essentially equivalent to "theft" of a person at a basic level).
It's not a complex thing to understand...
Proving intent is another matter and is more complex. Cooper himself has never said what he intended to do if he offered the dog treats, his intention at worst would have been to remove the dog from the area where it says "no dogs allowed" or he just thought the dog was hungry.
This thread has certainly been enlightening...
Simplified, we have 2 "components" of the interaction between people of different racial backgrounds - the calling\offering "treats" to the dog, and the telephoning the police as a result.
In the first, despite one person stating he had called the dog, and was going to offer it treats which were likely to entice it away from the owner, "Proving intent is another matter and is more complex".
In the second, one of the people from the first incident person calls the police to report what they believe is a crime, describing the person near them who they believe is committing it. In this case, proving intent is apparently not complex, and the caller is immediately considered guilty.
What could be so different about the components that in one intent is difficult to determine, whilst in the other there was no need to prove\demonstrate intent (at least to a certain type of person)? What could it possibly be that these people focus on which makes them immediately assume guilt, and makes intent so "clear" to them? And why was this intent not as clear to the prosecutors (who routinely deal with issues of these types) that caused them to either not place changes related to that aspect they focus upon, or to determine there was not sufficient evidence (based upon their level of experience) of intent up to or beyond "reasonable doubt", and so to drop the single charge they placed related to the interaction?
cyberdad wrote:
TheRobotLives wrote:
He would have to admit to a felony of offering treats to pets, and possibly other felonies for all the other times he did that.
How exactly is anything he did a felony??
(that's a sarky comment, Brictoria - not a legal argument
_________________
Giraffe: a ruminant with a view.
ASPartOfMe wrote:
‘Central Park Karen’ Amy Cooper sues ex-employer for racial discrimination
Quote:
The “Central Park Karen” who went viral last summer for calling the police on a black birdwatcher is suing her former employer for firing her over the incident — accusing the company of axing her without a thorough investigation and discriminating against her because of her race.
In the Manhattan federal suit, Amy Cooper accuses her former employer, Franklin Templeton, of perpetuating her image as a “privileged white female ‘Karen'” by making public statements that it had fired her after conducting an investigation into the incident.
Her suit argues that she did not call the cops on Christian because she is “racist” — but rather because the “overzealous birdwatcher” selected her as a “target” in a feud between bird and dog lovers.
“Even a perfunctory investigation would have shown that Plaintiff did not shout at Christian Cooper or call the police from Central Park on May 25, 2020 because she was a racist — she did these things because she was alone in the park and frightened to death after being selected as the next target of Christian Cooper, an overzealous birdwatcher engaged in Central Park’s ongoing feud between birdwatchers and dog owners,” it alleges.
The suit notes that Franklin Templeton did not interview Amy, or the birdwatcher, during its investigation into the incident.
Had the company obtained a record of the New York City Park Board Meetings from prior to the incident, the suit claims, it would have shown that Christian Cooper had previously gotten into an altercation with another dog walker while he was birdwatching in the park, according to the suit.
altercation, saying in a statement that it does “not tolerate racism of any kind,” the suit states.
The suit argues that the statement, which garnered more than 200,000 “likes” on Twitter, helped perpetuate the view that Amy Cooper is a racist.
She’s seeking unspecified damages for defamation, intentional infliction of emotional distress, negligence — and racial discrimination.
“The Defendants discriminated against the Plaintiff on the basis of her race,” the suit states.
“As a result of the Defendants’ discrimination, the Plaintiff has suffered substantial loss of
earnings and benefits and endured severe emotional distress, and will continue to do so in the future.”
In a statement, Franklin Templeton called the claims in the suit “baseless.”
In the Manhattan federal suit, Amy Cooper accuses her former employer, Franklin Templeton, of perpetuating her image as a “privileged white female ‘Karen'” by making public statements that it had fired her after conducting an investigation into the incident.
Her suit argues that she did not call the cops on Christian because she is “racist” — but rather because the “overzealous birdwatcher” selected her as a “target” in a feud between bird and dog lovers.
“Even a perfunctory investigation would have shown that Plaintiff did not shout at Christian Cooper or call the police from Central Park on May 25, 2020 because she was a racist — she did these things because she was alone in the park and frightened to death after being selected as the next target of Christian Cooper, an overzealous birdwatcher engaged in Central Park’s ongoing feud between birdwatchers and dog owners,” it alleges.
The suit notes that Franklin Templeton did not interview Amy, or the birdwatcher, during its investigation into the incident.
Had the company obtained a record of the New York City Park Board Meetings from prior to the incident, the suit claims, it would have shown that Christian Cooper had previously gotten into an altercation with another dog walker while he was birdwatching in the park, according to the suit.
altercation, saying in a statement that it does “not tolerate racism of any kind,” the suit states.
The suit argues that the statement, which garnered more than 200,000 “likes” on Twitter, helped perpetuate the view that Amy Cooper is a racist.
She’s seeking unspecified damages for defamation, intentional infliction of emotional distress, negligence — and racial discrimination.
“The Defendants discriminated against the Plaintiff on the basis of her race,” the suit states.
“As a result of the Defendants’ discrimination, the Plaintiff has suffered substantial loss of
earnings and benefits and endured severe emotional distress, and will continue to do so in the future.”
In a statement, Franklin Templeton called the claims in the suit “baseless.”
I just tracked down a copy of the complaint, and it is quite an interesting read - https://legalinsurrection.com/wp-content/uploads/2021/05/Amy-Cooper-v.-Franklin-Templeton-Complaint.pdf
The section regarding Jerome Lockett was something I had not been aware of, best summarised in paragraph 48:
Quote:
48. In his May 26, 2020 statement to media, Jerome Lockett wrote:
Quote:
As a black man, I am not scared of another person because their race or ethnicity, but this man IS threatening with his body language and screaming. I don’t know Amy Cooper at all, I’ve said hello to her because that’s what dog owners do to other owners in the park, but when I saw that video, I thought, I cannot imagine if he approached her the same way how she may have genuinely been afraid for her life. She may not be like me willing to physically defend herself or her dog. I understand the optics of this video aren’t great, but people need to understand this man is a dick and probably did threaten her. You can read his Facebook post where he tells the world he told her “you’re not gonna like what I’m going to do next.” That’s a threat. A nd she has no idea if this man is pulling out a knife, a gun, or a treat that (sic) laced with a rat poison. If I wasn’t who I was, I would of called the police on that guy too. Sure, we’re breaking the rules by having our dogs off leash in a park that has 80% of its area off-leash hours, but that gives that guy no authority to accost people in such manner.
My two fellow dog owners have had similar situations with this man, but don’t feel comfortable coming forward because they’re white. They think they’ll be seen as some “Karen” or whatever. I obviously don’t have that fear. I am a liberal man who voted for Barack, Bernie, and Bernie again. I’ll be voting for Biden as he’s the lesser of two evils. I’m not some right wing nut job trying to push an agenda. I just think it’s unfair a nd uncool how the world is pushing their own agenda with this story. Not everyone has a personal experience like this so I get it because of the optics, but I beg you guys to please publish my words. This is not the story we all want.
(Emphasis added.)My two fellow dog owners have had similar situations with this man, but don’t feel comfortable coming forward because they’re white. They think they’ll be seen as some “Karen” or whatever. I obviously don’t have that fear. I am a liberal man who voted for Barack, Bernie, and Bernie again. I’ll be voting for Biden as he’s the lesser of two evils. I’m not some right wing nut job trying to push an agenda. I just think it’s unfair a nd uncool how the world is pushing their own agenda with this story. Not everyone has a personal experience like this so I get it because of the optics, but I beg you guys to please publish my words. This is not the story we all want.
There is a lot more about it in Exhibit A (which is part of the file) and could be part of the reason Mr Cooper was unwilling to testify, given it would open him to questioning regarding this as well.
Cornflake wrote:
cyberdad wrote:
TheRobotLives wrote:
He would have to admit to a felony of offering treats to pets, and possibly other felonies for all the other times he did that.
How exactly is anything he did a felony??
(that's a sarky comment, Brictoria - not a legal argument
Looks like he's guilty of *Dog Stealing*.
366. Dog stealing
"To entice, seize or molest any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation"
https://www.nyshumane.org/manual-ch7-va ... 26/#366Dog
In 2014, this appears to have been upgraded from a misdemeanor to a class E felony.
https://www.governor.ny.gov/news/govern ... tment-pets
"Governor Andrew M. Cuomo today signed legislation ... "The new maximum penalty will be applied against those that remove a collar or identification, entice, seize or harass a pet while it is being held, led or while properly muzzled, or transporting an animal for the purpose of killing or selling it".
So, it's a state law in New York, that you're not legally permitted to entice a pet away from anyone.
_________________
Then a hero comes along, with the strength to carry on, and you cast your fears aside, and you know you can survive.
Be the hero of your life.
Brictoria wrote:
There is a lot more about it in Exhibit A (which is part of the file) and could be part of the reason Mr Cooper was unwilling to testify, given it would open him to questioning regarding this as well.
I think you are unnecessarily doing mental gymnastics to create case against a person (who is technically the victim) where no case for felony exists
In Christian Cooper's own words "I believe in punishments that are commensurate with the wrongdoing. Considering that Amy Cooper has already lost her job and her reputation, it’s hard to see what is to be gained by a criminal charge, aside from the upholding of principle. If her current setbacks aren’t deterrent enough to others seeking to weaponize race, it’s unlikely the threat of legal action would change that."
"I consider it fair and just if Cooper were found guilty and sentenced to anti-bias training and some form of community service?"
While a reasonable person would consider Christian's decision to not seek criminal charges as conciliatory your attempt to prove underhanded tactics from his part would seem to go against the grain (so to speak).
TheRobotLives wrote:
Cornflake wrote:
cyberdad wrote:
TheRobotLives wrote:
He would have to admit to a felony of offering treats to pets, and possibly other felonies for all the other times he did that.
How exactly is anything he did a felony??
(that's a sarky comment, Brictoria - not a legal argument
Looks like he's guilty of *Dog Stealing*.
366. Dog stealing
"To entice, seize or molest any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation"
https://www.nyshumane.org/manual-ch7-va ... 26/#366Dog
In 2014, this appears to have been upgraded from a misdemeanor to a class E felony.
https://www.governor.ny.gov/news/govern ... tment-pets
"Governor Andrew M. Cuomo today signed legislation ... "The new maximum penalty will be applied against those that remove a collar or identification, entice, seize or harass a pet while it is being held, led or while properly muzzled, or transporting an animal for the purpose of killing or selling it".
So, it's a state law in New York, that you're not legally permitted to entice a pet away from anyone.
Even if a court were to entertain a "hypothetical" in Amy Cooper's litigation against her ex-employer it's irrelevant since 1) Christian Cooper is not on trial 2) courts do not deal in hypotheticals only in facts 3) Amy Cooper's actions and subsequent apology and voluntary decision to undergo anti-racism training support her employers decision to terminate her for racism
I can't see how Amy Cooper will get 1 cent in restitution and invoking red herrings that she was entitled to be racist to protect herself in a hypothetical situation doesn't mean her employer was obliged to support her,
cyberdad wrote:
I can't see how Amy Cooper will get 1 cent in restitution and invoking red herrings that she was entitled to be racist to protect herself in a hypothetical situation doesn't mean her employer was obliged to support her,
I'm guessing you said the same thing for Nicholas Sandmann's lawsuits?
He too was characterized as a racist.
_________________
Then a hero comes along, with the strength to carry on, and you cast your fears aside, and you know you can survive.
Be the hero of your life.
TheRobotLives wrote:
cyberdad wrote:
I can't see how Amy Cooper will get 1 cent in restitution and invoking red herrings that she was entitled to be racist to protect herself in a hypothetical situation doesn't mean her employer was obliged to support her,
I'm guessing you said the same thing for Nicholas Sandmann's lawsuits?
Sandman's family had the support of a QAnon lawyer and political interference with a QAnon POTUS publicly supporting his case which likely scared the newspaper to settle out of court,
That won't apply this time since Amy Cooper's employer has nothing to be scared off.
cyberdad wrote:
TheRobotLives wrote:
Cornflake wrote:
cyberdad wrote:
TheRobotLives wrote:
He would have to admit to a felony of offering treats to pets, and possibly other felonies for all the other times he did that.
How exactly is anything he did a felony??
(that's a sarky comment, Brictoria - not a legal argument
Looks like he's guilty of *Dog Stealing*.
366. Dog stealing
"To entice, seize or molest any dog, while it is being held or led by any person or while it is properly muzzled or wearing a collar with an identification tag attached, except where such action is incidental to the enforcement of some law or regulation"
https://www.nyshumane.org/manual-ch7-va ... 26/#366Dog
In 2014, this appears to have been upgraded from a misdemeanor to a class E felony.
https://www.governor.ny.gov/news/govern ... tment-pets
"Governor Andrew M. Cuomo today signed legislation ... "The new maximum penalty will be applied against those that remove a collar or identification, entice, seize or harass a pet while it is being held, led or while properly muzzled, or transporting an animal for the purpose of killing or selling it".
So, it's a state law in New York, that you're not legally permitted to entice a pet away from anyone.
Even if a court were to entertain a "hypothetical" in Amy Cooper's litigation against her ex-employer it's irrelevant since 1) Christian Cooper is not on trial 2) courts do not deal in hypotheticals only in facts 3) Amy Cooper's actions and subsequent apology and voluntary decision to undergo anti-racism training support her employers decision to terminate her for racism
Well, it's an interesting case to read, but based upon experience, it's probably best to give a summary:
There are 7 causes listed, not all connected with her having been fired. These are:
1. Race Discrimination in Violation of § 1981
Quote:
The Defendants discriminated against the Plaintiff on the basis of her race, in violation of Section 1981.
(sounds very similar to those accusing her of being guilty for "calling the police while white")
2. Race and Gender Discrimination Under the New York State Human Rights Law
Quote:
Defendants unlawfully discriminated against the Plaintiff on the basis of her race and sex in violation of § 296, et seq. of the New York State Human Rights Law.
3. Race and Gender Discrimination Under the New York City Human Rights Law
Quote:
Defendants unlawfully discriminated against Plaintiff on the basis of her race and gender in violation of the New York City Human Rights Law § 8-107(2).
4. Defamation Under New York State Common Law
Relates to a long list of statements made by defendants.
5. DefamationPer Se Under New York State Common Law
Relates to a long list of statements made by defendants.
6. Intentional Infliction of Emotional DistressUnder New York State Common Law
Quote:
The Defendants’ announcements to the effect that they had conducted an investigation, and that the investigation concluded indisputably that the Plaintiff was a racist when Defendants knew they had not conducted an investigation which concluded indisputably that the Plaintiff was a racist,
7. NegligenceUnder New York State Common Law
Quote:
The Defendants owed Plaintiff a duty to not facilitate harm, threats and harassment based on race and gender from third parties to Plaintiff.
The Defendants breached its duty to Plaintiff by their telephone system providing Plaintiff’s personal cell phone number to people calling to make threats and harassment based on race and gender.
The Defendants breached its duty to Plaintiff by their telephone system providing Plaintiff’s personal cell phone number to people calling to make threats and harassment based on race and gender.
Looking at them, 1-3 are similar. 4-5 are similar. 6-7 have common links.
1-3 would likely hinge on:
Quote:
Upon information and belief, the Defendants would not have made knowingly false statements about Plaintiff but for Plaintiff’s race.
Upon information and belief, the Defendants would not have terminated Plaintiff’s employment but for Plaintiff’s race.
Upon information and belief, the Defendants would not have terminated Plaintiff’s employment but for Plaintiff’s race.
Translation: If Ms Cooper had been of "Asian", "Hispanic", or even "African American" descent, would she have been fired for what happened? If yes, then they likely have a defence. If not, then racial discrimination is likley to have occurred.
There is also the fact that they have a convcted felon on their board of directors, which is also referenced: https://nypost.com/2020/05/30/the-firm-that-fired-amy-cooper-promoted-heir-who-beat-his-wife/
4-5 would likely hinge on:
Quote:
Upon information and belief, Franklin Templeton performed no investigation into the May 25, 2020 incident in Central Park involving Plaintiff.
Given the reason for her firing was the claimed investigation, if it was not performed then claiming they had done so and it had produced results as they claimed would likely fit within defamation.
In this case, past occurrences of similar actions by Mr Cooper (or any other people in similar circumstances) would be entirely relevent, as they provide examples of what may have happened had she not called the police.
6 and 7 would likely hinge upon:
Quote:
The Defendants knew or should have known their knowingly false statements would cause Plaintiff severe emotional distress.
<...>
Defendants received countless phone calls on May 25, 2020 from people seeking to make threats to and harass the Plaintiff on the basis of her race and/or gender.
Defendants’ telephone system provided Plaintiff’s personal cell phone number to people who called on May 25, 2020 seeking to make threats to and harass Plaintiff because of her race and/or gender.
By their telephone system providing people who called on May 25, 2020 seeking to make threats to and harass the Plaintiff because of her race and/or gender with the Plaintiff’s personal cell phone number, the Defendants caused countless threatening and harassing phone calls and text messages to reach Plaintiff.
A representative text message sent to the Plaintiff’s personal cell phone said: “You racist c*** b****. F*** that dog too, stupid b****. You all over social media lying on a black man. Stupid typical white b****.”
The Plaintiff received dozens of other text messages like this one to the personal cell phone number provided by the Defendants.
Note: I have censored the quote from a text message in the above - the message was not censored.<...>
Defendants received countless phone calls on May 25, 2020 from people seeking to make threats to and harass the Plaintiff on the basis of her race and/or gender.
Defendants’ telephone system provided Plaintiff’s personal cell phone number to people who called on May 25, 2020 seeking to make threats to and harass Plaintiff because of her race and/or gender.
By their telephone system providing people who called on May 25, 2020 seeking to make threats to and harass the Plaintiff because of her race and/or gender with the Plaintiff’s personal cell phone number, the Defendants caused countless threatening and harassing phone calls and text messages to reach Plaintiff.
A representative text message sent to the Plaintiff’s personal cell phone said: “You racist c*** b****. F*** that dog too, stupid b****. You all over social media lying on a black man. Stupid typical white b****.”
The Plaintiff received dozens of other text messages like this one to the personal cell phone number provided by the Defendants.
Fairly simple one - Knowing of the event that occurred\was in the media and how she was being portrayed there, did the company do anything to protect her from harrassment (duty of care)?
The important part here is that this isn't an all-or-nothing case, so even if there is an "at will" clause in her employment contract (which may negate 1-3 to some degree), other causes listed would still go ahead.
cyberdad wrote:
I can't see how Amy Cooper will get 1 cent in restitution and invoking red herrings that she was entitled to be racist to protect herself in a hypothetical situation doesn't mean her employer was obliged to support her,
That sounds remarkably similar to what I have been led to believe would have been the opinion of many in the southern states of the USA in the 1950's-1960's, had a female of "African-American" descent called the police to report that a "White male" was threatening her, in similar circumstances...
