Judge Hurd: UPD/Labellanal Pounding t...

Judge Hurd: UPD/Labellanal Pounding to Begin!

Posted in the Utica Forum

Frivolous Labella

United States

#1 Oct 15, 2013
Pak! Pak! Pak! Pak! Pak! Pak! Pak! Pak!!!!
__________
Judge keeps Longo wrongful death trial on schedule for Jan. 13
Calls city's appeal 'frivolous' and meant to delay trial

UTICA —

The civil trial against former Utica police Chief Daniel LaBella and the City of Utica stemming from Investigator Joseph Longo Jr.’s killing of his wife will begin as scheduled early next year, a federal judge ruled.

U.S. District Court Judge David N. Hurd last week denied the city’s request to postpone the Jan. 13 trial pending its appeal of Hurd’s Sept. 20 ruling that LaBella was not entitled to “qualified immunity.”

Because LaBella’s immunity has already been ruled upon three times, Hurd labeled the city’s appeal as “frivolous” as it heads to the Second Circuit Court of Appeals. He also said the appeal was being used to potentially delay the trial for at least one year.

“To allow defendants to prolong this litigation with a frivolous appeal of an issue that has been repeatedly decided would be counter to the public’s expectation of judicial efficiency,” Hurd wrote.

It’s been more than four years since Longo stabbed to death his wife, Kristin Palumbo-Longo, inside their Deerfield home on Sept. 28, 2009 following a downward spiral in their marriage. Longo then killed himself.

Utica police officials and then-Chief Labella have said the department did everything it could to address Longo’s increasingly troubling behavior that summer – including seizing Longo’s firearms, assigning him to desk duty and encouraging him to see a counselor.

Part of Hurd’s denial to delay the trial was that he believed it was unlikely the city would succeed on the merits of its appeal, according to his nine-page ruling.

Both city attorneys and Palumbo-Longo's family disagree whether LaBella told Longo that an internal investigation into Longo’s handling of his firearm at Proctor High School would be closed without a finding of wrongdoing, and whether LaBella prevented the department from taking proactive measures in response to Longo’s troubling behavior, Hurd wrote.

The bottom-line: Which set of facts the jury believes will determine whether LaBella’s actions violated Palumbo-Longo’s constitutional rights or if it was “objectively reasonable” for LaBella to believe that his acts did not violate that right.

“If a jury ultimately determines that Chief LaBella did make such representations to Longo, interfered with the internal school investigation, and was personally involved in the repeated failure to initiate an internal investigation into Kristin’s allegations despite the UPD’s policy mandating same, it would be reasonable to conclude that he affirmatively condoned Longo’s threatening behavior and is not entitled to qualified immunity,” Hurd wrote.
Frivolous Labella

United States

#2 Oct 15, 2013
Looks like Cretin is

Gouverneur, NY

#3 Oct 15, 2013
Frivolous Labella wrote:
Pak! Pak! Pak! Pak! Pak! Pak! Pak! Pak!!!!
__________
Judge keeps Longo wrongful death trial on schedule for Jan. 13
Calls city's appeal 'frivolous' and meant to delay trial
UTICA —
The civil trial against former Utica police Chief Daniel LaBella and the City of Utica stemming from Investigator Joseph Longo Jr.’s killing of his wife will begin as scheduled early next year, a federal judge ruled.
U.S. District Court Judge David N. Hurd last week denied the city’s request to postpone the Jan. 13 trial pending its appeal of Hurd’s Sept. 20 ruling that LaBella was not entitled to “qualified immunity.”
Because LaBella’s immunity has already been ruled upon three times, Hurd labeled the city’s appeal as “frivolous” as it heads to the Second Circuit Court of Appeals. He also said the appeal was being used to potentially delay the trial for at least one year.
“To allow defendants to prolong this litigation with a frivolous appeal of an issue that has been repeatedly decided would be counter to the public’s expectation of judicial efficiency,” Hurd wrote.
It’s been more than four years since Longo stabbed to death his wife, Kristin Palumbo-Longo, inside their Deerfield home on Sept. 28, 2009 following a downward spiral in their marriage. Longo then killed himself.
Utica police officials and then-Chief Labella have said the department did everything it could to address Longo’s increasingly troubling behavior that summer – including seizing Longo’s firearms, assigning him to desk duty and encouraging him to see a counselor.
Part of Hurd’s denial to delay the trial was that he believed it was unlikely the city would succeed on the merits of its appeal, according to his nine-page ruling.
Both city attorneys and Palumbo-Longo's family disagree whether LaBella told Longo that an internal investigation into Longo’s handling of his firearm at Proctor High School would be closed without a finding of wrongdoing, and whether LaBella prevented the department from taking proactive measures in response to Longo’s troubling behavior, Hurd wrote.
The bottom-line: Which set of facts the jury believes will determine whether LaBella’s actions violated Palumbo-Longo’s constitutional rights or if it was “objectively reasonable” for LaBella to believe that his acts did not violate that right.
“If a jury ultimately determines that Chief LaBella did make such representations to Longo, interfered with the internal school investigation, and was personally involved in the repeated failure to initiate an internal
investigation into Kristin’s allegations despite the UPD’s policy mandating same, it would be reasonable to conclude that he affirmatively condoned Longo’s threatening behavior and is not entitled to qualified immunity,” Hurd wrote.
...pak, pak, pak, pak, pak, getting his shyte packed again!!
They asked for it

United States

#4 Oct 15, 2013
Poor Dan. Imagine hoping to stave off the lawsuit.
Paul

Utica, NY

#5 Oct 15, 2013
They sure did ask for it. This will destroy Utica. They deserve it too.
huntz hall

Syracuse, NY

#6 Oct 15, 2013
Will the city settle with the plaintiff before the trial??
Premeditated Ruling

New York Mills, NY

#7 Oct 15, 2013
Sounds like Hurd has his mind made up, hates the
city and is trying to force a settlement.
The Truthest

Dover, DE

#8 Oct 15, 2013
The city should pay millions, they elected the mayor and he hired the LaBelly... Utica should in turn sue them for all they are worth!!!
Premeditated Ruling

New York Mills, NY

#9 Oct 15, 2013
City should wait to file bankruptcy now
wtf

Palm Harbor, FL

#10 Oct 15, 2013
what a bunch of bullshit.they took the guys gun.whatbelse can you do?take everything that could be used as a weapon out of his wife's house?the guy flipped out!nothing would have stopped him
huntz hall

Tully, NY

#11 Oct 16, 2013
Tubby tried to be slick taking the police chief exam for the village of NY Mills. The head of the NYS Dept. of Civil Service said this was wrong and he could not hold the UPD chief position. His best friend Roefaro's hands are also dirty in this. Can't wait for the trial to begin - Jan. 13.
robbie

Rome, NY

#14 Oct 16, 2013
the chickens have come home to roost
Not yet but soon

United States

#15 Oct 16, 2013
Not yet but soon!

Fat rashy labella and Roefaro hands in the cookie jar. Now they'll need the vaseline jar for what's coming!

Pak! Pak! Pak! Pak! Pak! Pak! Pak! Pak!!!!
Not yet but soon

Gouverneur, NY

#16 Oct 17, 2013
Not yet but soon wrote:
Not yet but soon!
Fat rashy labella and Roefaro hands in the cookie jar. Now they'll need the vaseline jar for what's coming!
Pak! Pak! Pak! Pak! Pak! Pak! Pak! Pak!!!!
....and please pak, pak, pak, pak ,pak, pak my pooper for me!!!! I am Cretin!!!!!
Dave

Utica, NY

#17 Oct 17, 2013
The city is history Rob. 10's of millions in lawsuit that the city has no chance in winning and several million to clean up Roosevelt school and much more to come. You are cooked buddy. You are a fraud and you and the city will pay. Can't screw people Robbie.
2 utica

United States

#18 Oct 17, 2013
Pak! Pak! Pak! Pak! Pak! Pak! Pak! Pak!!!!
2 Utica

Gouverneur, NY

#19 Oct 17, 2013
2 utica wrote:
Pak! Pak! Pak! Pak! Pak! Pak! Pak! Pak!!!!
....I like to pak, pak, pak, man shyte with my tongue!

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