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Posted: 12/15/2005 6:55:25 AM EDT
news.yahoo.com/s/usnw/20051214/pl_usnw/hurricane_katrina_survivor_victimized_again__injuries_from_police_use_of_excessive_force_required_surgery103_xml

National and State Desk

Contact: Ashton R. O'Dwyer, Jr., 504-561-6561

NEW ORLEANS, Dec. 14 /U.S. Newswire/ -- A New Orleans woman is recovering from surgery this week from injuries resulting from when she was roughed-up by authorities who forced her to leave her home a week after Hurricane Katrina. Patricia Konie, 58, has filed a Federal lawsuit over the injuries and other violations of civil rights.

"My client was severely injured in a needless removal from her home," stated attorney Ashton O'Dwyer. "Patricia Konie had food, plenty of water, and a roof over her head. The police who illegally entered her home and imposed their will on a frail, middle-aged female should have been out apprehending armed, male looters instead."

Konie was greeting a reporter and photographer from a San Francisco TV station and a journalist from the London Times when police unexpectedly entered her home. When she refused to leave as ordered, they confiscated a firearm used for defense and according to Konie, "slammed" her to the ground, both displacing and fracturing her left shoulder.

After remaining in custody for several hours without charges being filed against her by authorities, she was flown alone to South Carolina where she remained for more than a month before returning to her native New Orleans.

A Federal lawsuit was filed claiming that authorities assaulted and knocked her to the ground when she refused to leave her New Orleans home on September 7th, 2005. Konie also alleges numerous civil rights violations including assault and battery by police in her suit against several Louisiana and California State Police officers who took her into custody. She also alleges authorities violated her Second Amendment right to keep and bear arms.

"Hurricane Katrina was horrible, but there is no excuse for what happened to this nice lady", said O'Dwyer. "Police caused her months of pain and suffering and she still faces months of physical therapy. This suit will hold the individuals responsible for their misdeeds."

Konie had her surgery early on Monday morning, December 12. She is still recovering in the hospital, and lives alone on a limited budget of
Social Security benefits. She is devastated by what happened and has not had her seized property returned.

"Sadly, Patricia Konie is only one of many examples of police going too far in the wake of Hurricane Katrina," said O'Dwyer. "Already one court has ruled against their strong-arm tactics, and we look forward to our day in court."
Link Posted: 12/15/2005 6:55:54 AM EDT
This could be huge.
Link Posted: 12/15/2005 6:58:10 AM EDT

Originally Posted By Cypher214:
This could be huge.



I am looking forward to this going all the way in favor of the US Constitution and justice
Link Posted: 12/15/2005 6:59:20 AM EDT
You think she'll get her firearm back?
Link Posted: 12/15/2005 6:59:47 AM EDT

Originally Posted By Cypher214:
This could be huge.




Plus there is no lack of video tape for evidence
Link Posted: 12/15/2005 7:00:28 AM EDT

Originally Posted By xinflt:
You think she'll get her firearm back?



I'd be willing to chip in some dough to buy her a new one.
Link Posted: 12/15/2005 7:00:41 AM EDT
I hope she wins millions and millions of dollars.
Link Posted: 12/15/2005 7:02:08 AM EDT
I hope those cops get slammed
Link Posted: 12/15/2005 7:03:46 AM EDT
[Last Edit: 12/15/2005 7:05:02 AM EDT by The_Macallan]

Originally Posted By Cypher214:
This could be huge.

No it won't.

The City will eventually settle, the cops will keep their jobs, the hush-money will come from FEMA relief slush fund set up for Narlins and a year from now no one but her will remember this.



And where's the NRA in this case? Shh!
Link Posted: 12/15/2005 7:04:52 AM EDT

Originally Posted By danpass:

Originally Posted By Cypher214:
This could be huge.



I am looking forward to this going all the way in favor of the US Constitution and justice




I am waiting to see the smoke and mirrors that the lawyers will try to use to cover it up as they offer a large out-of-court settelment.
Link Posted: 12/15/2005 7:05:32 AM EDT

Originally Posted By The_Macallan:

Originally Posted By Cypher214:
This could be huge.

No it won't.

The City will eventually settle, the cops will keep their jobs, the hush-money will come from FEMA relief slush fund set up for Narlins and a year from now no one but her will remember this.



+10000000

The lady will settle for 6 or 7 figures and we'll be no better off.

Link Posted: 12/15/2005 7:05:36 AM EDT

Originally Posted By The_Macallan:

Originally Posted By Cypher214:
This could be huge.

No it won't.

The City will eventually settle, the money will come from FEMA relief slush fund set up for Narlins and a year from now no one but her will remember this.



And where's the NRA in this case? Shh!



Is it different, being a Federal case?
Link Posted: 12/15/2005 7:08:11 AM EDT

Originally Posted By jmzd4:
I hope those cops get slammed



but....but...but they were making her safer
Link Posted: 12/15/2005 7:08:24 AM EDT
Buckle up folks, this is gonna be a good one.
Link Posted: 12/15/2005 7:12:04 AM EDT
Money says the officers were "Volunteers" from commifornia. Was this the woman from the video? This would be a perfect U.S.S.C. case. Forwad it to NRA and Second Ammendment Foundation or are they already on board?
Link Posted: 12/15/2005 7:12:28 AM EDT
[Last Edit: 12/15/2005 7:30:47 AM EDT by Grunteled]
Wasn't ODwyer the attorney that was in the tape saying they could move him when he was dead. I thought he was also later arrested.

Oh how I want to see her get something from that! I wish she'd have the conviction to refuse the settlement and go to trial, but she probably won't. Can't she sue the officers themselves as well?
Link Posted: 12/15/2005 7:20:28 AM EDT
Good for her I hope they hang that cop
Link Posted: 12/15/2005 7:23:13 AM EDT
This could be very very interesting.
Link Posted: 12/15/2005 7:25:24 AM EDT

Originally Posted By gus:
I hope she wins millions and millions of dollars.


I don't it's not like it would be the gov paying it. You and me would be paying it. I hope things are just made right and policy changes.
Link Posted: 12/15/2005 7:26:30 AM EDT

Originally Posted By Grunteled:
Wasn't ODwyer the attorney that was in the tape saying they could move him when he was dead. I thought he was also later arrested.

Oh how I want to see her get something from that! I wish she's have the conviction to refuse the settlement and go to trial, but she probably won't. Can't she sue the officers themselves as well?



Yup that was him.
Link Posted: 12/15/2005 7:26:38 AM EDT
tag
Link Posted: 12/15/2005 7:28:24 AM EDT

Originally Posted By olyarms:

Originally Posted By gus:
I hope she wins millions and millions of dollars.


I don't it's not like it would be the gov paying it. You and me would be paying it. I hope things are just made right and policy changes.



Well, it was the agents of the public (you and me) that body slammed an older woman to the ground and fractured her arm. I guess we'll have to foot the bill. Who should? Her?
Link Posted: 12/15/2005 7:29:36 AM EDT
[Last Edit: 12/15/2005 7:30:24 AM EDT by Grunteled]

Originally Posted By photoman:

Originally Posted By Grunteled:
Wasn't ODwyer the attorney that was in the tape saying they could move him when he was dead. I thought he was also later arrested.

Oh how I want to see her get something from that! I wish she'd have the conviction to refuse the settlement and go to trial, but she probably won't. Can't she sue the officers themselves as well?



Yup that was him.



Sounds like he might have a little something personal in this fight
Link Posted: 12/15/2005 7:29:58 AM EDT
[Last Edit: 12/15/2005 7:30:47 AM EDT by Stealth]

Originally Posted By Grunteled:
Wasn't ODwyer the attorney that was in the tape saying they could move him when he was dead. I thought he was also later arrested.





I was thinking the same thing. I'm pretty sure his name was O'Dwyer but I don't have the video any longer.

"Treat me with benign neglect!"

Anybody still have a link to that vid? It shows his name on it.

eta: I can't believe how slow I am. Three other responses to that already!
Link Posted: 12/15/2005 7:36:49 AM EDT
Git some Patricia

Link Posted: 12/15/2005 7:42:52 AM EDT
[Last Edit: 12/15/2005 7:45:46 AM EDT by EricTheHun]
Yep. Ashton O'Dwyer is that bare-chested lawyer and New Orleans 'holdout', whose quip used to be my sig-line:

'Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my [ bleep ] city.' ~ Ashton O'Dwyer, Lawyer and Infamous New Orleans 'Holdout'



Maybe this is just the way to 'pay back' the Man, without having to handle his own claims!

BTW, my two lawyer cousins who live nearby this fellow and know him well, says he is the 'real deal.'

The .gov folks need to worry, now.

Eric The(Happy,Happy)Hun
Link Posted: 12/15/2005 7:43:03 AM EDT
funny how it was so dangerous for that lady but it was ok to have news people have the run of the city . but I am glad that they were there because they now have proof of what happened. I hope she wins. How come the state police, local police were not removing people BEFORE the storm if a mandatory evacution was ordered? I hope she goes all the way with this.
Link Posted: 12/15/2005 7:43:49 AM EDT
I hope the gun grabbers get raked over the coals
Link Posted: 12/15/2005 7:54:14 AM EDT


Does anyone have the video of the thug SLAMMING the little lady against the wall? He's such a hero, I kinda want to see it again.
Link Posted: 12/15/2005 7:54:25 AM EDT
While they may settle, it won't be for a small sum. At the end of the day, most agencies are financially based, so even if it doesn't go to serious court time, money settlements still help make policy.

Unfortunately, as one posted, the bucks will prob come from some federal slush fund. If it comes out of a city or state fund, then it hurts worse and probably has more effect.

When an agency gets hurt (the brass get pounded in the court of public opinion, somebody gets fired over poor judgement, or a large settlement), often times it resonates down the lines, and then in the future they are more careful about what they do fearing loss of jobs, bad press, and the money guys yelling that they can't afford another settlement....

Think about the Taser issue in some local PDs. Once a few perps ended up in the hospital, one or 2 dead, departments started really looking at the use of them, and more than one that I heard about quit using them...

So, while huge court judgements agains this kind of BS are great, large settlements have some teeth too.

And yeah, we should all buy here a new piece...
Link Posted: 12/15/2005 7:55:35 AM EDT
Tag
Link Posted: 12/15/2005 8:05:19 AM EDT

Originally Posted By Stealth:
I was thinking the same thing. I'm pretty sure his name was O'Dwyer but I don't have the video any longer.



Two NO videos... right click & save. O'Dwyer is in #2

#1

#2
Link Posted: 12/15/2005 8:09:45 AM EDT
Joanne has serious deep voice....
Link Posted: 12/15/2005 8:14:43 AM EDT

Originally Posted By kissfan:

Originally Posted By Stealth:
I was thinking the same thing. I'm pretty sure his name was O'Dwyer but I don't have the video any longer.



Two NO videos... right click & save. O'Dwyer is in #2

#1

#2



Holy SHIT! That first video just brings my blood to a boiling point! What the F***! I cant believe these guys are breaking into private homes and running up stairs with M16's ready at the shoulder. WTF!!! Its a miracle these bozos didnt plug an innocent homeowner.

Link Posted: 12/15/2005 8:17:26 AM EDT
tag


fucking JBT's in action
WTF is the world come to?
Link Posted: 12/15/2005 8:19:28 AM EDT
tag
Link Posted: 12/15/2005 8:20:43 AM EDT

Originally Posted By EricTheHun:
Yep. Ashton O'Dwyer is that bare-chested lawyer and New Orleans 'holdout', whose quip used to be my sig-line:

'Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my [ bleep ] city.' ~ Ashton O'Dwyer, Lawyer and Infamous New Orleans 'Holdout'

ericthehun.zoto.com/img/45/1b0dbf931537c07110806db04e2059e8-.jpg

Maybe this is just the way to 'pay back' the Man, without having to handle his own claims!

BTW, my two lawyer cousins who live nearby this fellow and know him well, says he is the 'real deal.'

The .gov folks need to worry, now.

Eric The(Happy,Happy)Hun


I noticed the name right away

Go get 'em.
Link Posted: 12/15/2005 8:25:48 AM EDT

Originally Posted By Gamma762:

Originally Posted By EricTheHun:
Yep. Ashton O'Dwyer is that bare-chested lawyer and New Orleans 'holdout', whose quip used to be my sig-line:

'Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my [ bleep ] city.' ~ Ashton O'Dwyer, Lawyer and Infamous New Orleans 'Holdout'

ericthehun.zoto.com/img/45/1b0dbf931537c07110806db04e2059e8-.jpg

Maybe this is just the way to 'pay back' the Man, without having to handle his own claims!

BTW, my two lawyer cousins who live nearby this fellow and know him well, says he is the 'real deal.'

The .gov folks need to worry, now.

Eric The(Happy,Happy)Hun


I noticed the name right away

Go get 'em.




Its funny they didn't fuck with him once they found out he was lawyer

Also kinda slanted when the obviously richer folks were less abused (only disarmed), as compared to the less richer ones
Link Posted: 12/15/2005 8:28:10 AM EDT
I hope she becomes a multi-millionaire.
Link Posted: 12/15/2005 8:28:54 AM EDT
tag
Link Posted: 12/15/2005 8:31:03 AM EDT
Oh Baby! This is in the 5th Circuit too. You know, the one that decided "U.S. v. Emerson".

Case: United States v Emerson
Link Posted: 12/15/2005 8:31:53 AM EDT

Originally Posted By EricTheHun:
Yep. Ashton O'Dwyer is that bare-chested lawyer and New Orleans 'holdout', whose quip used to be my sig-line:

'Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my [ bleep ] city.' ~ Ashton O'Dwyer, Lawyer and Infamous New Orleans 'Holdout'

ericthehun.zoto.com/img/45/1b0dbf931537c07110806db04e2059e8-.jpg

Maybe this is just the way to 'pay back' the Man, without having to handle his own claims!

BTW, my two lawyer cousins who live nearby this fellow and know him well, says he is the 'real deal.'

The .gov folks need to worry, now.

Eric The(Happy,Happy)Hun



This one's going to be very interesting to watch. .gov attorneys tend not to be the brightest bulbs to begin with (with a few exceptions for DAs/Federal prosecutors), and their greatest fear is being on a loser case. They will pass the buck on this one to the point where it ends up with the youngest, dumbest attorney in the office.

Link Posted: 12/15/2005 8:37:15 AM EDT
Man I hope she wins.
Link Posted: 12/15/2005 8:38:19 AM EDT

Originally Posted By The_Macallan:

Originally Posted By Cypher214:
This could be huge.

No it won't.

The City will eventually settle, the cops will keep their jobs, the hush-money will come from FEMA relief slush fund set up for Narlins and a year from now no one but her will remember this.



And where's the NRA in this case? Shh!



WTF? They already got a federal injunction requiring return of the guns.

In this case, she'll either get her atty fees paid by the defendants or her lawyer will take a percentage. They don't need any help from the NRA or anybody else.
Link Posted: 12/15/2005 8:38:20 AM EDT

Originally Posted By quijanos:

Originally Posted By Gamma762:

Originally Posted By EricTheHun:
Yep. Ashton O'Dwyer is that bare-chested lawyer and New Orleans 'holdout', whose quip used to be my sig-line:

'Treat me with benign neglect. Get out of my neighborhood, get out of my life, get out of my [ bleep ] city.' ~ Ashton O'Dwyer, Lawyer and Infamous New Orleans 'Holdout'

ericthehun.zoto.com/img/45/1b0dbf931537c07110806db04e2059e8-.jpg

Maybe this is just the way to 'pay back' the Man, without having to handle his own claims!

BTW, my two lawyer cousins who live nearby this fellow and know him well, says he is the 'real deal.'

The .gov folks need to worry, now.

Eric The(Happy,Happy)Hun


I noticed the name right away

Go get 'em.




Its funny they didn't fuck with him once they found out he was lawyer

Also kinda slanted when the obviously richer folks were less abused (only disarmed), as compared to the less richer ones



Oh they fucked with him. He was later arrested. No gunfire.
Link Posted: 12/15/2005 8:39:17 AM EDT
Oh so TAGGED for later.
Link Posted: 12/15/2005 8:54:32 AM EDT
[Last Edit: 12/15/2005 9:11:57 AM EDT by FLGreg]
I guess I am just a glutton for punishment as I STILL think this is a B.S. story.


Patricia Konie, 58...


That old hag is only 58? It's not possible....she looked 78 88 in the video. That makes my theory a little more believable: That she had a rough life filled with alcohol abuse and is possibly mentally unstable. Perhaps she's on some other medications also.

So she’s 58, what is the reason for getting social security then? She's not even at retirement age. Is she disabled? Disabled equals perhaps not being able to take care of herself. Sure, she might have been able to under normal circumstances but not in the face of the aftermath of a major disaster.

And doesn't seem kind of strange to you that this woman only had surgery on December 12th when these "grievous" injuries were sustained more than 3 months ago? I bet you dollars to doughnuts Mr. O'Dwyer's services were retained on December 11th.

It is too bad this will all be settled out of court and we may never know her mental state on that day. If it can be shown that she had the mental capacity to take care of herself then the police should be BBQ’d. But if it can be proven she had diminished mental capacity then the police removed her for good cause.

Flame on, guys. I haven’t had a dip of Copenhagen in 45 hours, I’m pissed off and looking for a fight.

ETA: Oh, 30 pages easy
Link Posted: 12/15/2005 8:59:21 AM EDT
IBTJBTA
Link Posted: 12/15/2005 9:07:11 AM EDT
Heck, go after those JBT's!
Link Posted: 12/15/2005 9:38:51 AM EDT
I hope she starts a class action lawsuit that goes all the way up the Supreme Court and those folks will OWN New Orleans! Fucking bastard assholes! Let's go & shit on the little guy again. What do you expect from a bunch of fucktard cops from Commiefoenia?


BASTARDS!!

Link Posted: 12/15/2005 9:44:41 AM EDT
[Last Edit: 12/15/2005 9:51:53 AM EDT by EricTheHun]

Originally Posted By FLGreg:
I guess I am just a glutton for punishment as I STILL think this is a B.S. story.


And the basis for your belief is....?

A 'glutton for punishment' was not the first thought that leaped to my mind....

That old hag is only 58?

Whoa!

You are a Floridian and you speak of a Southern lady in this manner?

You must be 'imported', eh?

In Florida, as in the rest of the Old South, we never speak in that manner about ladies.

Even Yankee ladies!

That makes my theory a little more believable: That she had a rough life filled with alcohol abuse and is possibly mentally unstable. Perhaps she's on some other medications also.

'Possibly', 'perhaps'?

'Possibly' if your girlfriend had testicles, you would 'perhaps' be gay.

Flame on, guys. I haven’t had a dip of Copenhagen in 45 hours, I’m pissed off and looking for a fight.

ETA: Oh, 30 pages easy


Naw, smacking you around for 30 pages doesn't sound very entertaining, at all.

Knowing Ashton O'Dwyer's reputation in the legal community of New Orleans, I seriously doubt that he took a case that lacked a proper legal basis.

Eric The(EasilyBored)Hun
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