Comments on: Delaware: “Man sues pizzeria for thwarting robbery”

By: Chip

Chip — Fri, 25 Jul 2014 15:08:24 +0000

This happened in my sister’s hometown and she asked me if this guy had a case. Curious, I read his pleadings and the court’s orders (which are publicly available via PACER).

Unsurprisingly, the headline in the news article is incorrect. Sykes did not sue the pizzeria and its employees for thwarting his attempted robbery (which would, of course, be silly). Rather, he claimed that they assaulted him after they had already successfully thwarted his robbery and had him fully subdued.

Judge Robinson held, correctly I think, that this was sufficient to state a claim (she also dismissed his claims against several municipal and state actors).

That said, I would be stunned if this case made it to trial (as I suspect there will be a healthy and successful dispositive motion practice), and I would be even more shocked were a jury to award Sykes damages.

But if what he alleges is true (i.e., that he was fully subdued before the assault began and was repeatedly assaulted thereafter including while he was unconscious), he may very well have been assaulted within the meaning of a civil tort for assault.

By: jimc5499

jimc5499 — Fri, 25 Jul 2014 12:37:55 +0000

One question needs to be asked here. If during this robbery, this guy would have been shot and killed, would anyone have been charged? if the answer is “no”, case dismissed.

By: kimsch

kimsch — Fri, 25 Jul 2014 04:03:22 +0000

I remember a story about a perp who got away and lost in the woods in Maine in the winter. He then either got back to civilization, or was finally found, but had frostbite and hypothermia. He sued the police for not finding him fast enough.

By: gitarcarver

gitarcarver — Thu, 24 Jul 2014 22:12:47 +0000

(I can’t believe I am going to say this….)

This might be a “Ron Miller Special.” Ron always likes to remind us that there are facts we may not know and this case may fit that. For example, the judge dismissed part of the lawsuit but not all, leaving me to wonder what parts she dismissed and what parts she left in tact.

(Yeah, I know that this whole thing is a mess and never should happen, but I am being overly open minded here.)

One thing I did note was that at 1:14 of the video at the linked site, Sykes is standing outside of the pizzeria and does not look the worse for wear for someone who has allegedly been hit with fists and kicked in the face and other parts of his body as well as being tazed.

By: ras

ras — Thu, 24 Jul 2014 21:14:50 +0000

The crime was “failure to be helpless.” It should be codified already.

By: Richard Nieporent

Richard Nieporent — Thu, 24 Jul 2014 16:59:59 +0000

While U.S. District Judge Sue L. Robinson tossed out several of Sykes’ claims, she allowed the case to move forward against the pizza employees, two arresting officers and Seasons.

I am sure that she also waived the filing fee for this indigent criminal. After all everyone must be allowed his day in court. Why does this judge allow this criminal to use the legal system to harass these people?

By: Hugo S. Cunningham

Hugo S. Cunningham — Thu, 24 Jul 2014 16:18:10 +0000

Lawsuits like this should constitute proof of “lack of remorse,” barring the convict from consideration for parole.

By: Hugo S. Cunningham

Hugo S. Cunningham — Thu, 24 Jul 2014 16:05:11 +0000

If this case went to trial, and a weird jury found in favor of this thug, could a restaurant manager fire one of the jurors? In numerous discussions of inflammatory cases like this, I have heard nothing about juror rights, vs management and co-worker rights.