ATF agent wins $1.6 million in lawsuit against Columbus police over 2020 arrest
Posted by NotAGunGrabber@reddit | Firearms | View on Reddit | 90 comments
Just another ATF agent rewarded for bad behavior.
MalPB2000@reddit
Wasn’t that the guy squealing “I have a medical condition!!!” lmao
LiberalLamps@reddit
Is this the power tripping asshat the local police tazered?
erdricksarmor@reddit
Yep, he was also caught stealing wine from a store before this happened and was still allowed to remain an ATF agent. Absolutely bizarre.
https://www.wcpo.com/news/local-news/hamilton-county/delhi-township/james-burk-atf-agent-charged-with-stealing-wine-from-kroger
kevin_k@reddit
How does a law enforcement officer keep his job after something so blatantly inexcusable?
smokeyser@reddit
His department investigated itself and found no evidence of wrongdoing.
LurpyGeek@reddit
Wait until you find out what you can do and still get nominated for AG.
PrestigiousOne8281@reddit
Funny how none of Gaetz’s escapades came to light until he was nominated for AG… almost as if all these women that could’ve come forward YEARS ago are paid actors… nah… they’re def legit /s.
FPSXpert@reddit
Furthermore how does he get a million and half buckaroos after doing something to blatantly inexcusable? Now he gets enough money for free wine for the rest of his life, meanwhile if any of us tried that we'd be stuck with prison hooch for the rest of our days.
kevin_k@reddit
right?!
Zeired_Scoffa@reddit
You must not be American to ask that without the /s
kevin_k@reddit
Not sure I meant the /s, being surprised that they keep their job after a theft from a corporation rather than just killing someone
baysta@reddit
Is it bizarre though? It is the ATF after all…
MediocreVibrations@reddit
I mean, it’s in the name of the agency. That wine was HIS alcohol. Entitled to alcohol, tobacco and firearms as they please. Obligatory fuck the ATF
shadowcat999@reddit
I honestly could see ATF agents using thier creds to engage in small time alcohol theft. When questioned could just come up with some bs about "testing or "compliance" while pulling your badge and ID. I mean, how many people are gonna make a stink with a literal federal agent involved? Not many.
Inigomntoya@reddit
I'm checking this alcohol for firearms...
Chrisscott25@reddit
Being an atf agent makes it even more bizarre. He didn’t shoot one dog during this whole fiasco, something is beyond bizarre here.
Tangus999@reddit
They shot him though(taser) so does that make him the doggo?
EvergreenEnfields@reddit
It certainly makes him the bitch.
BasedCereal@reddit
Maybe it was an assault wine and he was confiscating it. He would have a better argument for going after 12 packs though.
THROBBINW00D@reddit
Garbage agency
captkrahs@reddit
That video was pretty funny
NotAGunGrabber@reddit (OP)
Yes
PM_NUDES_4_DOG_PICS@reddit
Boo.
8492_berkut@reddit
You know, I'm starting to get the opinion that if someone makes their living and has the protection of qualified immunity, they shouldn't be able to sue for something that happened in the line of duty in an effort to enrich themselves. A citizen wouldn't be able to sue them when the ATF infringes on the citizen's rights.
Shit's backwards.
Greasy_Mullet@reddit
What’s this qualified immunity? I keep hearing nobody is above the law… except just one man apparently… are suggesting others in government are also above the law?
teakysnurtle@reddit
It's a court invented doctrine protecting government actors from civil lawsuits. It started out maybe not totally unreasonable but the courts have taken it to absurdity.
Government agents couldn't ever be sued for acting within their lawful authority. But what if they thought they were acting within their authority but weren't? IMO they shouldn't be immune there, because after all, ignorance of the law is no excuse, at least not for us.
But apparently it is for them. Similar to how when cops have days to plan out an arrest they can't be expected not to raid the wrong house. But the totally innocent person they raid who is woken up in the dead of night is held to a far higher standard than the cops. So anyway, when government agents 'reasonably' believe they're acting within their authority, courts decided they should still be immune. They decided that it has to be 'clearly established' that what they're doing violates rights before they can be sued. And it can't just be something like the constitution clearly prohibits what the government agent is doing. After all government agents can't be expected to have read or understood that obscure document. Instead some court somewhere has to have ruled on what's 'clearly established.'
That's bad enough, but at least after giving some government agent immunity, the court would clearly establish whether or not what he'd done violated rights. But then courts started parsing these 'clearly established' findings absurdly. One court lets a cop off for beating a handcuffed, non-resisting suspect. Then the next cop beats a handcuffed, non-resisting suspect, but he gets off too, because in his case the suspect had been laid prone on the ground, whereas in the earlier case the suspect had been sat on the curb. See, it was only 'clearly established' that you can't beat a handcuffed, non-resisting, sitting suspect. So it's not 'clearly established' that you can't beat a handcuffed, non-resisting, laying down suspect.
And now what courts have started doing is finding agents immune, and then not making any ruling on whether what they did is a violation. So now it's not just the first agent to violate rights in a particular way that's immune. They just keep granting immunity for the exact same violation of rights over and over and never 'clearly establish' that there's been a violation of rights at all.
rm-minus-r@reddit
What a fucking travesty.
charlestonchewing@reddit
You don't understand qualified immunity. There's nothing stopping citizens from suing the ATF, just not the agent personally. The agent in this case sued the department/city, not the officers personally.
smokeypokey12@reddit
He sued the same way we all can. It’s the tax payer that is paying him, not the officers.
SwordfishAncient@reddit
ATF guy is the whiniest man i have ever seen. Our feds are a joke. Has a medical condition that he cant be handcuffed, but bet he wouldnt hold back from abusing his own power. They need to appeal this.
Jonny_Guistark@reddit
His instant response to the police arriving was to scream "I’m a federal fucking agent" at them like it was a damn reflex. No doubt this guy abuses his power.
PrestigiousOne8281@reddit
In all honesty, good. Mr “I work for the ATF, I’m a government stooge” shouldn’t have fucked around because he found out. The lady that called had every right to call, and I would’ve done the same thing. Either get a warrant, or get off my property.
KaBar42@reddit
One of the first thing LEOs are supposed to learn is that uniforms take precedent on scene.
You might technically be higher ranking than rookie Patrolman Joe Schmoe, but you're going to have to prove it to him if you're in plain clothes.
2017hayden@reddit
Frankly it’s too bad they didn’t shoot him. Guy was an absolute fuckwad.
Tangus999@reddit
You think if that did happen the atf would trace the gun have to the fast and furious?
mrfoof@reddit
Yeah, yeah, fuck the ATF.
The responding officer drew on him without justification, asked for his credentials, then wouldn't let him present them. They used unnecessary physical force and a taser against him because he wasn't respecting their authority, not because he was resisting. They continued to detain him after they had his credentials and could have reasonably verified them.
If you want to laugh at the ATF agent getting a taste of his own medicine, fine. But the local cops were power-tripping assholes. These cops were still guilty of assaulting, resisting, opposing, impeding, and interfering with a federal agent in performance of his duties, in violation of 18 USC § 111, a federal felony.
Tangus999@reddit
They were all wrong but fuxk em all. But they can’t see it. And they never will.
Chasing_Perfect_EDC@reddit
I think he had a genuine case against those officers who I do believe behaved inappropriately from start to finish. That said, fuck him for being an ATF agent. The NFA is blatantly unconstitutional and enforcement of it is gravely unjust, as we've seen repeatedly. He should not have been treated as he was and should not have been ridiculed for being so treated. He should have been ridiculed for his occupation, because he's part of the problem.
RR50@reddit
He absolutely had a case against them. Cops acting badly against people we dislike worse isn’t an excuse for said bad behavior.
Tangus999@reddit
No it’s not but karma doesn’t care and was more than happy to help.
I_dig_fe@reddit
But cop on cop violence is one of the only kinds I approve of
ThePretzul@reddit
I dunno, I think they behaved perfectly appropriately towards an arrogant asshole who was claiming to be a federal agent while actively attempting to infringe upon the protected rights of citizens while also refusing to provide identification.
Odd-Solid-5135@reddit
To be fair it looked like any other police interaction I've seen, and for that I'm OK with it.
That being said I do believe the "usually response" is far too often way more than necessary.
2017hayden@reddit
That’s a fair point but let me put it another way. If it’s unacceptable for the police to do this to him, then it’s unacceptable for them to do this to anyone else behaving as he did and that happens all the fucking time. So we’re either setting the precedent that anyone this happens to can sue for millions, or we’re saying he gets special princess privileges for being an agent of the state.
RR50@reddit
He had identification, he produced said identification, they saw it, and still continued.
And regardless of our feelings about the legality of his actions confiscating the gun, he was within accepted law by the courts.
The lady provided his badge number and supervisors contact info to the 911 dispatchers, and the officers did nothing with it.
emperor000@reddit
You clearly haven't watched the video.
emperor000@reddit
Have you not seen the video? The police treated him like you'd expect them to treat somebody that is as uncooperative as he was after they got a call from a woman alone in her house because he was trying to get in.
You're saying this with the knowledge he was ATF. They didn't know he was and right from the start he starts acting pretty shady and they quickly lose interest in trying to verify his credentials.
I still would not be surprised if he wasn't up to no good. Dude goes to a house with a lone woman in it looking for an "illegal shotgun"?
Chasing_Perfect_EDC@reddit
The knowledge that he's ATF isn't doing him any favors in my books, lol.
No, I haven't seen the video. I responded to the article OP posted, which was obviously biased. I do now see mentions of troubling behavior such as supposedly lacking a warrant. As he was non compliant and even resistant, certainly take him down for further by whatever reasonable means necessary. There is always some room to argue what is reasonable and what is excessive, unfortunately. As I still haven't seen it, I can offer no opinion on that perspective. Regardless, I still stand by my original position assuming the declaration that the officers bandied the video about for entertainment is true. $1.6M is excessive IMO, but I expect better standards from the police. From what I've heard so far, it seems all LEOs present at that scene behaved unprofessionally, and I'm glad at least some of them were held accountable. Now to address the issue of qualified immunity so the woman can sue him...
SexPartyStewie@reddit
Yeah I read the article, then watch the video. Fuck that article
RR50@reddit
He absolutely had a case against them. Cops acting badly against people we dislike worse isn’t an excuse for said bad behavior.
BobbyPeele88@reddit
Ridiculous.
OutForJustice80@reddit
They claimed that Burk suffered lasting physical and mental injuries from the incident, and was so injured from the encounter that he was “unable to continue doing his job in an investigative and effective capacity.” He was ultimately moved from field work to a “purely administrative and support position.”
The jurors returned a verdict in favor of Burk, noting among other damages that the officers directly caused the federal agent’s post-traumatic stress disorder. Burk and his wife, who also claimed damages as a plaintiff, ultimately earned $1.6 million from the case.
WTF lol
Tangus999@reddit
But it’s obvious he couldn’t do his job to being with. 🤣🤣🤣
NotAGunGrabber@reddit (OP)
https://youtu.be/gb1MVFDy_tw
The incident for reference and laughs.
Odd-Solid-5135@reddit
Man, you'd assume an asshole who's entire job is based on compliance would....comply, always fun watching two groups of morons meet.
Tangus999@reddit
You assume that they think they aren’t above the law. That requires logic and reasoning. Which they are trained not to have. Hence the awesome video we have. 🤣🤣🤣
Palehorse67@reddit
Kills me man. The first words out of his mouth when told to show his hands is "I'm a federal fucking agent!" Like a straight asshole.
CleveEastWriters@reddit
As an Ohio resident, I'll allow it because that video is hilarious
notCrash15@reddit
How much you want to bet the fact that the ATF agent's past of being a piece of shit was hidden from the jury
rmt3786v3@reddit
Idk which side to pick on this one! Lol
2WheelSuperiority@reddit
You're in r/firearms so you side against the ATF. Imo, all 3 should be fired.
emperor000@reddit
Why should these two cops be fired...? That makes no sense. Watch the video.
2WheelSuperiority@reddit
From a strictly professional perspective they need to have a reasonable process to handle fellow law enforcement, even feds, on the spot, without requesting 3-10 days advance notice and without tasing and generally drawing arms on a person with his hands up.
You watch the video with captions, I just watched it again and it's still pisses me off. The cop tells him to turn around and see hands and then he does, then the cop says in the same breath, Show me some hands, now drawing his gun, yelling for ID while simultaneously yelling to get on the ground. Next, you're going to tell me that the police officer who held the drunk guy with the AR-15 was within his right to sit there and Play Russian roulette 20 questions with a guy who's already laying on the ground with his hands up on his head.
That is why this is fucking embarrassing. Sure, it's hilarious because it's ATF but its all about perspective. Imo, if that were anyone else that met the echo chamber's standards of an acceptable human, that shit wouldn't fly. Ie, a CHL at a gas station.
I simply wouldn't want anybody to ever be treated like that by a law enforcement agent of any kind. That's why they were ordered to pay $1.6 million.
That's also why the ATF will shoot your fucking dog.
rmt3786v3@reddit
AGREED!
ArsePucker@reddit
Why didn't he just comply?
Dude ran a gauntlet of excuses till he realized it was pointless. I have a medical condition / I'm hyper ventilating / My wife's pregnant..
All 3 were dicks...
How come no one else gets $1.6m?
emperor000@reddit
Not sure how these 2 cops were dicks. This guy'sbehavior was extremely suspicious. A federal agent that walks towards cops with their guns drawn and aimed at him?
I'd guess he was drunk or on drugs or was up to something else.
45acpbecause@reddit
It would have been a lot cheaper if they shot him. The cops will learn from this.
Heeeeyyouguuuuys@reddit
Columbus tax payer here- worth it.
BannedAgain-573@reddit
How
Heeeeyyouguuuuys@reddit
Hearing a fed boi sequel is music to my ears.
BannedAgain-573@reddit
I mean that's fair. But. He doesn't deserve the 1.6 million. He and the other 2 should have been fired and told to get lost. They were both in the wrong
emperor000@reddit
The cops were in the wrong? Have you people not watched the video?
skygt3rsr@reddit
I believe there is sarcasm involved here in op comment
Heeeeyyouguuuuys@reddit
There is not.
emperor000@reddit
2asnt this guy pretty clearly up to no good? He goes to a house with a woman alone in it looking for an "illegal shotgun" and when the police show up he acts super shady before being pretty uncooperative.
And he also was caught stealing wine from a grocery store some time before this.
It would take a lot to do Vince me he wasn't up to something.
sdujour77@reddit
Best use of tax dollars I've seen in years.
BannedAgain-573@reddit
How? You Still have the ATF infringement and you still have abusive local cops. This is a net loss. Mr ATF should have been told to pound sand, too bad. The locals should have been personally fined and fired
PrestigiousOne8281@reddit
First part I agree with, second not so much. Cops should’ve been given a bonus for fucking over an AFT agent.
BannedAgain-573@reddit
I would agree, but these cops would have behaved the same way if this was a private citizen which would have actually been abusive misconduct, which is why he won the lawsuit.
You don't get to condone misconduct because it was done against your nemesis. At that point you are as bad as the abuser.
emperor000@reddit
Have you not seen the video? He was acting super fishy, was not cooperative and did not comply.
You're saying this knowing he was a federal agent. They didn't know.
PrestigiousOne8281@reddit
Oh but I fully condone it. Thats a very bold assumption to assume they they’d have done it anyway without a shred of proof.
FPSXpert@reddit
And the losers are the public. $1.6 million of your taxpayer dollars went to this shit if you are a resident of Columbus.
LPT if doing crime in Columbus just say you're a federal agent, free get out of jail card.
vlonethugg69@reddit
alternate title: your tax dollars win your tax dollars against your tax dollars
over laws that are unconstitutional
Mesarthim1349@reddit
This is why Brandon Herrera needs that ATF cabinet appointment
Deletingsoon_@reddit
Feds aren’t human
iInvented69@reddit
The fuck. ATF isnt allowed to sue their own.
ascillinois@reddit
Personally fuck that ATF agent. Either show a warrant or you can kindly fuck off.
RedOwl97@reddit
Is there a GoFundMe to help pay the settlement? I’m in for five bucks.
CNCTank@reddit
Man fuck it, there is no hope, no light at the end of the tunnel...these sewer rats can just live cart blanche and fuck anyone and everyones day up ...then they get fat paid afterwards
number__ten@reddit
That sucks. What a chode.