City of Dunkirk Lawsuit

City of Dunkirk Lawsuit

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Observer Staff Reporter

Lockport, NY

#1 Jan 3, 2012
Anyone want to comment on the lawsuit against the City of Dunkirk and police officer Brian Dietzen?
Observer Staff Reporter

Lockport, NY

#2 Jan 3, 2012
Common Council meets tonight

January 3, 2012

By GIB SNYDER - OBSERVER City Editor , The OBSERVER

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The city of Dunkirk Common Council will be back at work tonight, two days after being sworn into office.

The agenda is short, with one pre-filed resolution and two communications.

Resolution 15-2012 cleans up the payment procedure for newly-appointed Fiscal Affairs Officer Harry D. Briggs. Briggs will fill the position as an independent contractor and be paid $20 per hour for 20 hours each week.

A notice of summons and complaint has been filed against the city and Police Officer Brian Dietzen by the attorneys for Hector Rodriguez, the man injured in an April 16 accident. According to the summons, the city and Dietzen have to answer the summons in Supreme Court, County of Chautauqua.

The original claim alleged a city police car was traveling at an unsafe speed and struck Rodriguez on West Talcott Street. That claim said the city failed to provide a safe location to transit and failed to yield the right of way to pedestrians, along with other negligent, careless and reckless acts. The claim also stated the city "had notice of the dangerous condition and hazard caused by said activity."

An OBSERVER story that ran April 17 reported police were in pursuit of a vehicle with lights and sirens activated. According to the story, "As the police car approached the intersection of King and Talcott streets to make a right turn, a bicyclist traveling north in the southbound lane of King Street struck the front of the police car."
HighChair

Dunkirk, NY

#3 Jan 3, 2012
Thats what we have a city attorney for
philly

Buffalo, NY

#4 Jan 3, 2012
i hope they get a another attorney,szot could not fight his way out of paper bag,not alone state supreme court
ADA

Dunkirk, NY

#5 Jan 4, 2012
Observer Staff Reporter wrote:
Anyone want to comment on the lawsuit against the City of Dunkirk and police officer Brian Dietzen?
I, for one, think there should be some "bike laws" in the City of Dunkirk. Many times I see bikers where they should not be. The streets are made for cars, not people walking/crossing in traffic or people on bikes who get in the way of vehicles. Furthermore, I have made a "face" at some people on bikes who start to get to close to me and guess what? They scream obscenities, stick their finger in the air, etc. I swear some of them want to get hit just so they can sue you. Keep your eyes open folks...."they" will get it anyway they can.
mark

Buffalo, NY

#6 Jan 4, 2012
unbelievable, to be techincally correct, BIKES ARE SUPPOSED TO BE RIDEN IN THE ROAD>>>> they are not to be on the sidewalks. When you are on a bike, the bike becomes a vehicle. Like it or not, this is the state law. And before someone posts a nasty comment back, I do know this for a fact. The bicyclist is supposed to ride with traffic and obey all signs that cars do. This accident was not because of a negligent officer, so find something else to bitch about folks..
OTB

Dunkirk, NY

#7 Jan 4, 2012
HighChair wrote:
Thats what we have a city attorney for
He will turn it over to the insurance Company and let them deal with it.
Bertie

Fredonia, NY

#8 Jan 4, 2012
Yep - bike is a vehicle and should have yielded the right of way. Emergency vehicles always have the right of way.
Decent Person

Dewittville, NY

#9 Jan 4, 2012
ADA wrote:
<quoted text>
I, for one, think there should be some "bike laws" in the City of Dunkirk. Many times I see bikers where they should not be. The streets are made for cars, not people walking/crossing in traffic or people on bikes who get in the way of vehicles. Furthermore, I have made a "face" at some people on bikes who start to get to close to me and guess what? They scream obscenities, stick their finger in the air, etc. I swear some of them want to get hit just so they can sue you. Keep your eyes open folks...."they" will get it anyway they can.
uhhhh ever hear of the NYS Motor Vehicle and Traffic Law? It regulates bikes, maybe the law is not enforced, maybe your not aware but there are several laws regarding how bikes are to be riden. Its on line under NYSDMV.
Observer Staff Reporter

East Amherst, NY

#10 Jan 4, 2012
Yes because Officers are never negligent...even when they injure or kill innocent people..they get a blank check to be reckless and careless..

Since: Dec 09

Location hidden

#11 Jan 5, 2012
All drivers are responsible for whatever or whomever they hit.
Truth Seeker

Buffalo, NY

#12 Jan 5, 2012
Dunkirk cops have a notorious reputation. There are allegations that officers within the department use illicit drugs, one officer had accusations of child abuse. If you look at the police habits, they have a history of not following procedures, law and guidelines. They are lazy (I'd like to be given my own car paid for by the public and sit on a corner and hope to catch a speeders etc) they employ racist tactics that were part of a state investigation and they are corrupt. Now what will happen to this officer? Nothing as the boys in Blue will do everything to protect him. A haphazard internal police investigation will be conducted and of course this "investigation" will show no wrong doing.
Knows the Story

Fredonia, NY

#13 Jan 5, 2012
Truth Seeker wrote:
Dunkirk cops have a notorious reputation. There are allegations that officers within the department use illicit drugs, one officer had accusations of child abuse. If you look at the police habits, they have a history of not following procedures, law and guidelines. They are lazy (I'd like to be given my own car paid for by the public and sit on a corner and hope to catch a speeders etc) they employ racist tactics that were part of a state investigation and they are corrupt. Now what will happen to this officer? Nothing as the boys in Blue will do everything to protect him. A haphazard internal police investigation will be conducted and of course this "investigation" will show no wrong doing.
Sounds like you have been a very naughty person who has had problems with the law and has an ax to grind.
mark

Buffalo, NY

#14 Jan 5, 2012
This thread was supposed to be about bicycles and where they should or should not ride. All the other issues you have with the department, well, it is what it is.. I suppose you could do it alllll better and you dont know anyone in your life or family that has done anything illegal.. yeah right!!!
voiceofreason

Buffalo, NY

#15 Jan 5, 2012
A) Notice, the bike was in the southbound lane traveling NORTH! Try that in a car, see what happens. B) ALL vehicular traffic has to give way to emergency vehicles. That would include a police car with lights and sirens blaring. C) Bikers in that neighborhood, as well as pedestrians, seem to think playing tag with moving vehicles or blocking traffic is their god-given right. If you beep a horn to try and get them to move the result will be profanity and one-finger salutes directed your way. D) The police need to make a concerted effort to drive through these neighborhoods and ticket any and all individuals who use the roads as sidewalks, block traffic in other ways, and basically create a dangerous nuisance. This idiot doesn't deserve one single peso.
yup

Fredonia, NY

#16 Jan 5, 2012
The bicyclist was on the wrong side of the road, he also violated many V&T laws that regulate a bike. The patrol car was not traveling that fast, red lights and siren on, most smart intelligent people would pull over and stop, you cant tell me that on a bike, he did not hear the siren and see those flashing lights at night!!!!!!!!!! THE BLAME HERE IS ENTIRELY ON THE BICYCLIST!!!
hiccup

United States

#17 Jan 5, 2012
Knows the Story wrote:
<quoted text>
Sounds like you have been a very naughty person who has had problems with the law and has an ax to grind.
No... They're just statin the truth!
Wow

Fredonia, NY

#18 Jan 5, 2012
hiccup wrote:
<quoted text>
No... They're just statin the truth!
Come back to the real world and you will realize how stupid your comment is.
Sharon

Buffalo, NY

#19 Jan 5, 2012
yup wrote:
The bicyclist was on the wrong side of the road, he also violated many V&T laws that regulate a bike. The patrol car was not traveling that fast, red lights and siren on, most smart intelligent people would pull over and stop, you cant tell me that on a bike, he did not hear the siren and see those flashing lights at night!!!!!!!!!! THE BLAME HERE IS ENTIRELY ON THE BICYCLIST!!!
Agreed! People don't seem to realize that bicycles are governed by the NYS V&T laws/regulations. A bicycle is considered a "motor vehicle"...read it for yourself on this site!!
http://dmv.ny.gov/recreation.htm#bikes
ADA

Buffalo, NY

#20 Jan 5, 2012
Decent Person wrote:
<quoted text>
uhhhh ever hear of the NYS Motor Vehicle and Traffic Law? It regulates bikes, maybe the law is not enforced, maybe your not aware but there are several laws regarding how bikes are to be riden. Its on line under NYSDMV.
SORRY!! I did not meant to insinuate that there should be NO bikes on the streets. BUT, they need to be where they are supposed to be - going against traffic and well away from the car. I have had bikes pull up right next to my door. That is way to close.

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