Thursday, May 31, 2012

Nick Joseph Lawsuit Settled

Alexis Sharp's lawsuit against the Town of Greece, Greece Police & Nick Joseph has been settled for an undisclosed amount. A confidentiality agreement will ensure the terms are kept secret.

SCATS ~~ God forbid should we ever hear how much the great capers of Merritt Rahn, GPD and several of their officers cost us since 2008. Ever notice how Auberger lets "I am him" do his talking in these situations? No other towns around here do buisness like Greece.


Joe Moscato said...

Scats you are right to say no other town operates like Greece. You know the reason as well as I, other towns hold their elected officials accountable for their actions or inactions. Not so in Greece. Sometimes, short of committing a murder, I think the clones in this town would find a reason to continue to keep them in office. Then again that fact may in some cases may not make any difference to some of the senior voters in this upside down community. The sad part of this scenario is that the power brokers in this town are well aware of the stupidity of some voters in this town and take full advantage of that kind of the miisguided loyalty of these Individules to their political party and their that of their fore bearers.

Anonymous said...

I can understand the frustration of some. It would be nice if democrats would offer some ideas for change rather than just trying to beat up on the party in power.

In other words put forth some ideas, change we can believe in.

Joe said...

12:19 you hit the nail right on the head when it comes to Thiis town . The key word in your post is" CHANGE" The established residents of Greece are and always have been resistant to any ideas that represent any kind of change from the status quo. However, I do agree with you when you say the opposition party has in the past failed miserably in putting forth any kind of ideas that would make Greece a more desirable place to live and raise a family. Simply being critical without offering an alternative solution is totally without merit in my opinion.

SCATS said...

To 1:39PM ~~ In this town, simply being critical frequently means the person being blamed is not adhering to some rule, policy, law, regulation, code of ethics, etc. I'd be willing to bet that if we could get the school board, District Office, Town Board, Town of Greece employees, police and fire dept. personnel to all obey their individual oathes, rules, codes, etc. that the problems would diminish significantly, and the criticism along with it ;) I see no need for people to spell out that following such rules is the solution. It's often obvious.

Anonymous said...

Why would the Town of Greece even be involved in a law suit? Nick Joesph was off duty, drunk and high on drugs. He was not coming from a duty station. He was clocked out and on his own time. Why would the Town of Greece have to pay? When the chief arrived, if he did, it was after the accident.

Would Strong Hospital have to pay if an off duty doctor was in the same kind of situation? I think not.

I know the old deep pocket idea of Towns/School Districts have more money than an idividual but this really opens the money door. Now if a Town of Greece clerk has an accident, off duty in their own car, would the Town of Greece have to pay?


Doug Skeet

SCATS said...

To 4:17PM ~~ Possibly because his superiors knew of his record of bad habits, had helped cover up for him in other situations, instead of dealing with the issues and because a cop, like a teacher works for an employer with a "zero tolerance" rule related to the use of illegal drugs. I'm no lawyer, but the pattern of how Joseph's previous problems had been handled (i.e. ignored) probably factored in.

Anonymous said...

The case was based on the police department's cover-up of his behavior while he was a policeman for years. They looked the other way. The family can hold that helped his behavior to go un-checked and even be accepted and tolerated by an organization that is supposed to uphold the law. And there was the cover-up right after the accident and it was ongoing. They sued for the damages that the negligence and the cover-up caused their family. Definitely pain and suffering and the whole life of that premature child. But we will still as a community tolerate the actions of the superiors that remain in the police force and the town hall.And still there is the matter of who picked him up and drove him home knowing he had caused an accident and being an accomplice to his leaving an accident and allowing that family to be abandoned and in further danger. That is the worst person in all of this since we can assume he was not high on coke or alcohol. But maybe he doesn't exist and Nick walked home to Parma 10 miles on his own like a horse. Drunk , coked out but with an inner GPS that wouldn't quit. And some good walking shoes.

Anonymous said...

Doug, The Public Officers Law states that a sworn police officer in The State of New York with the exception of The City of New York is considered to be on duty 24/7 and regardless of his on duty off duty status is sworn to up hold the laws of this state regardless of his status and to up hold all rules and regulations of the department he works for. As such the town is held responsible for any altercation an officer of their department is involved in off duty when civil damages are involved. The only exception to this responsibility of the town for off duty police officers is a claim by the town that the officer was involved in an" INDEPENDENT FOLLIE" and not acting under the color of law.
When I first joined the GPD, Iwas required by rules and regulations to carry an off duty weapon. Since I was required to be armed off duty, anything I did which required the use of that weapon made the town liable for my use of force with that gun which was Not department issue but my personal property.
A short time later, the rules and regulations were amended by the town by not requiring me to carry off duty which now gave the town a defense of misuse of a firearm by it's officers thereby making it easier to escape liability.
As cops we always considered ourselves second class citizens. The rules for a town employee's conduct when not at work were altogether different then us cops.
With this in mind, as soon as I retired, I sold all my personal guns and for the past 23 yrs, I never carry because an ex cop who finds it necessary to use deadly force for his or his families protection would face more scrutiny then an ordinary citizen with a permit involved in a similar situation. As far as Iam concerned, carrying a gun means trouble regardless of the circumstances. For me justified or not..Being an ex cop I could have handled the situation much differently would be the public thinking. NO GUN NO PROBLEM. JOE

Anonymous said...

Doug,my way of clarification when I mentioned except New York City, what I was referring to was the fact that as a police officer from outside New York City I would not be able to act as a sworn police officer as I had no authority there. In fact when ever I Visited New York, I was required to surrender my fire arm at the nearest precinct and pick it up when I left town. JOE

Anonymous said...




Anonymous said...

The money paid out to the complainant came either from an insurance company or if the town is self insured from a reserve fund expressly for that purpose. A foil of the Town disbursements records should reveal the amount of the settlement. I do not believe there is a way of masking this if taxpayer dollars were used unless they pull it out of a fund not related to claims against the Town and call it something else. The non disclosure agreement only prohibits the two parties from publicly revealing the terms of their agreement. If an insurance company paid the claim we may never know how much was paid out. How ever it would be interesting to compare what the town spends for liability coverage in years to come if self insured. Perhaps a State Audit is in order. Mr Di napoli are you listening

Anonymous said...

Good point. SCATS why don't you submit a freedom of information request? Seems like that'd clear this up.

SCATS said...

To 2:27PM ~~ Over what aspect are you referring to?