Spyke
Doug Holland
lemmy.world

The officers’ counterclaim alleges Galanakis defamed them and invaded and their privacy when he posted to social media a series of police body-camera videos documenting his arrest and appended to those videos his own commentary on the incident.

Unfuckingbelievable.

97
sharpiemarkerreply
feddit.de

Defamation is apparently when you get caught being an ass on camera, and someone puts that video of your actions on the internet.

31
flossdaily
lemmy.world

Yeah, that'll never hold up. That doesn't even come into the ballpark of defamation.

51
themeatbridgereply
lemmy.world

Seems like the judge is allowing the countersuit to proceed on the one narrow statement that Winters had been "convicted" of domestic abuse for beating his girlfriend. In actuality, Newton Police Officer Nathan Winters had orders of protection entered and extended several times because he was beating his girlfriend. Winters has not been convicted of domestic abuse, so the statement could be considered defamatory, and that's why it wasn't immediately dismissed with the rest of the claims.

36
Doug Hollandreply
lemmy.world

Sounds like you know what you're talking about, and I don't — doesn't defamation have to be 'intentional'? Sounds like, at worst, a misstatement that can be rewinded with a published correction.

16
thepianistfroggollumreply
lemmynsfw.com

Exactly. You have to knowingly or negligently provide false information for it to be defamation. A kid not knowing that a restraining order doesn't equal a conviction should be neither.

They also have to prove that the statements caused actual damages.

28
luciferofastorareply
lemmy.zip

If I'm reading this right, this is what the countersuit would have to prove. Basically, the grounds would be "Yeah, he did say something untrue, so now I'll let you try to prove that he did so intentionally"

15
Bleeping Lobsterreply
lemmy.world

Police are bastards, but we might want to check the article out before switching to outrage mode

As part of his social-media postings, Galanakis made several statements, alleging he “basically got kidnapped then raped by the NPD all night,” and falsely indicating Winters had been “convicted” of domestic abuse for beating up a girlfriend.

So it's not the posting of the video w/ commentary that they're saying it's defamatory, it's claiming he was 'raped' and the false domestic abuse accusation. Stupid teen was in an excellent position for compensation but he's probably wrecked his chances with statements like that.

-28
JudCrandallreply
lemmy.world

Try reading the article before you start polishing those boots.

As for the city’s complaint that Galanakis claimed to have been “kidnapped then raped,” Judge Locher found that statement was a clear and allowable expression of opinion and rhetorical hyperbole.

33
JudCrandallreply
lemmy.world

Lol I don't know, man. Your post was very "hey fellow kids, the po-po are total bastards BUT you also need to read the article to see why they're right" and then you rushed to defend them. Without reading the article. Which you were chiding people for not doing.

Edit 2 seconds later: you also called Galanakis a "stupid teen" which makes me think you're probably in the wrong community.

10
Bleeping Lobsterreply
lemmy.world

I used a descriptor, so what. If he was a grown man who gobbed off on social media before he finished his court case, I'd have called him a stupid man. And, you don't get to tell me what community I can be in, thanks. I haven't broken any rules. Finally, I'm not defending anyone, just pointing out why they were counter-claiming.

I can see why people didn't like my comment, fair enough. But I'm not a bootlicker or police supporter for adding info I thought others had missed. We all make mistakes from time to time.

-4
JudCrandallreply
lemmy.world

If you made a mistake just say that and dip.

I used a descriptor, so what. If he was a grown man who gobbed off on social media before he finished his court case, I’d have called him a stupid man.

Except he's not stupid. The only reason we're talking about this is because he brought attention to it and fought back against a corrupt institution by posting it on social media.

"I'm not a bootlicker!" says the dude whose mouth is full of boot.

3
Hegar
kbin.social

With regard Galanakis’ claim that Winters had been convicted of domestic abuse, the judge noted that specific allegation appeared to based on a 2021 protective order ... which was extended on at least three subsequent occasions.

Galanakis argued that under Iowa law, a protective order was close enough to a conviction to make his statement substantially true. Judge Locher disagreed, noting that a criminal conviction is very different from a civil judgment and carries a higher burden of proof.

Teenager sued for slander for claiming that the officer who wrongly arrested him was convicted of beating his girlfriend. Really, officer winters had just been civilly judged for beating his girlfriend.

It's always so sad to see how much slander hardworking domestic abusers face - just let them get back to policing our country!

51
BarrelAgedBoredomreply
lemm.ee

Policing our country? They've got wives to beat! You can't have it both ways

11
DickFiascoreply
lemm.ee

Isn't there any kind of physical fitness standard they have to meet?

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