Innocent Biz Destroyed by SWAT Raid, No Compensation?
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- Опубликовано: 19 июл 2023
- For thirty years, Carlos Pena ran a print shop in North Hollywood. His world was turned upside down, however, in August 2022, when a fugitive forced his way into Carlos’s shop and barricaded himself inside. After a prolonged standoff, the City of Los Angeles’s SWAT team stormed the shop, launching dozens of grenades that tore through the walls, windows, and ceilings, destroying most of Carlos’s expensive printing equipment. In total, the damage from the assault alone exceeded $60,000.
ij.org/case/los-angeles-swat-...
Carlos’s insurance-as is common-does not cover destruction committed by the government. Meanwhile, Carlos couldn’t afford to repair his shop and replace his equipment. He twice requested compensation from the City, which ignored his pleas. Unable to re-open his shop, Carlos has lost out on tens of thousands of dollars in revenue. Carlos had hoped to pass the business on to his son; now, he can hardly afford to pay his own bills.
This is not merely unfair; it’s unconstitutional. When the government deliberately destroys an innocent person’s property for some public benefit, it must pay for it. In this case, the City’s officers determined that the public benefit of apprehending a fugitive outweighed the costs of destroying Carlos’s shop. That was their decision to make, but, under the United States Constitution, they must pay for it.
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This is a trivial amount for the government to avoid paying. It feels petty. They should now pay for the damage and lost revenue.
When it comes to the government, there is no competition, requirements are low and it's incredibly difficult to get fired. So what do you do? The bare minimum, often not even that.
Pay? That's extra paperwork and trouble and might not look good on someone's resume who's trying to get promoted.
The police? The police are cowards. It is becoming increasingly common for them to just bomb entire households as they are too afraid to enter and get the person that they are after, even if said person is unarmed.
Alternatively, they send in the dog first and if the person tries to defend themselves against the dog, they execute them on the spot and it's justified because the dog is considered a police officer and they are technically allowed to use deadly force then.
It's sickening.
In Afromans case, they are not paying for his door or gate and are now trying to sue because he used his home footage to make music videos. Good luck fighting the corrupt cops that seem to be everywhere
Another based take from Tay Z. Absolutely.
Some stay dry and others feel the pain.
This happens every day in America. I hope they win their case.
A $43 billion dollar budget, with no one knows how much pork, duplication, waste, and fraud losses, and they won't make good on a $60K damage bill? Disgraceful.
And they are still unable to do the job for which they were hired. Every ,ember present should be fired for their incompetence at their job.
No money to help this guy but plenty of money to pay these idiots double or triple their salary for questionable overtime
They never want to pay. It's insane. The thuggery, intrinsic criminality, instability, and spite in these punks is beyond comprehension. Send them all anthrax envelopes is my solution.
Edit: I know I use a lot of hyperbolic language when describing these people but look at the facts. These kinds of stories are all over the place. I feel the facts back up these kinds of judgements.
Why should the taxpayers pay for this? Sue the fugitive and his family as they're responsible for your damages, not your fellow law-abiding citizens.
@@docsavage8640 because the government was responsible for the damage. If you watch the video it’s clear the police chose what tactic to use and it also shows they were grossly incompetent and that after all that the fugitive escaped. If a postal truck smashed into your house you’d expect the govt to pay right? Same here.
What incompetent clowns!! They did all that and didn’t even get that guy!!! Pay this man what he deserves!!
My bet was that the suspect wasn't even in the store anymore before they shot in the teargas.
@@rispatha but I bet they all got paid overtime
It's sad how it's better to deal with criminals than deal with the police. Police regularly demolish entire households trying to get to a person inside and have a great record at killing hostages in hostage situations, too.
@@Vampier ... Hazard pay and overtime.
Everybody has to remember the most important thing is ,,,,,,,,the cops 👮♀️ 👮♂️ have to get there pay checks… and they did
Meanwhile, you are forced to pay the people that damaged your property in the first place. This is disgusting.
The litigators at the Institute for Justice do good work--not only for their clients but for thousands of others in similar situations.
Another sad example of how the government has run irresponsibly a muck. Thank You IFJ
Muck being the keyword.
*amok
@@celluskh6009 Yup. But Muck fits better.
Why should the taxpayers pay for this? Sue the fugitive and his family as they're responsible for your damages, not your fellow law-abiding citizens.
Not a righteous denial by the insurance carrier. This is covered. This guy has a great case against the insurance company in bad faith.
*First off, these officers destroyed his business not because they were trying to capture someone, but because they are having fun destroying people's property and getting away with it. You can clearly see that the damages they did were beyond excessive. Based on what we can see, you'd think they were chasing the bad guy around the shop, but no that guy was already long gone while swat guys were taking out their frustration on Carlos Pena's shop and then called it a day.*
Police officers just regular human beings, and human beings are petty ass jerks. They take great pleasure in being able to get one over anybody they deem unworthy. I work in healthcare for unsheltered communities. The sheer amount of pettiness on both sides is astounding, but only one has qualified immunity and a stable salary. Qualified immunity is a disease amongst our government. Other more impactful jobs don't get that luxury beyond dumb.
A few years ago in the US there was a national scheme to test and retrain SWAT teams. These tests were carried out in other law enforcement related facilities such as prisons, custody suites, and police academies. After the exercises were completed it was discovered that not only did the vast, vast majority of the SWAT teams completely fail in their objectives, they also permanently maimed and injured several dozen colleagues who were not part of the exercises (one SWAT team in Arkansas was even found to have deliberately located the clearly marked room in which the non-SWAT personnel were told to wait out the exercise, threw in several flash bang grenades, and then held the door shut, rupturing the eardrums of everyone inside. The SWAT team in question can ve heard laughing and hollering over coms as they did so). An enormous number of SWAT officers brought non-approved, personally owned lethal weaponry to the exercises, including nunchuks, bolas, serrated blades, machetes, and varying kinds of explosives. When quizzed about the aims of the exercises afterwards, over half of responding units understood their primary goal as killing the suspect, which they took the euphemism 'neutralise' to mean. Over half also believed that civilian casualties and even deaths were acceptable collateral damage in the apprehension of a suspect.
US SWAT teams are literally just death squads disguised as law enforcement.
Having an insurance company refuse to pay for government employee damages to your property is like them claiming it was an "act of God" while in the same breath denying the existence of God.
I want to know more about the insurance policy that Carlos had and the exact wording that his insurer used to deny coverage. The most common ISO Special Causes of Loss form would probably not exclude coverage for the phyical damage. Whether Carlos bought business interruption insurance is a separate question.
@@tomconboy6974 ... Insurance companies change what they cover constantly and when they send updates to those changes to people many do not read through them and understand what was changed.
I would bet there is one clause that deals specifically with police/government officials damage buried deep within the 100+ page policy.
@@rispatha Insurance is a criminal scam, and the bigger the company, the more evil and corrupt they are.
That's because this government long ago set itself up as God, tacitly proclaiming that it is God.
@@tomconboy6974 I'm sure it's quite common in the insurance industry to exclude damage caused by the government. Insurance companies know how much damage the government can cause!
Holding the government responsible is almost impossible because they don't want you survive
They definitely don't care. They are all sociopaths and psychotics in my eyes.
$1.3B for homeless shelters, but not even $63k for a legitimate business owner who is trying to *NOT* become homeless. This is so Los Angeles...
This needs to go to SCOTUS. Governmental destruction of private property happens all across America and this needs to be adjudicated for all citizens.
I doubt the current evil clowns on this SCOTUS would help unfortunately.
What's up your ass about them?
This is a criminal fugitive’s fault. Not the cops or taxpayers. The guy’s insurance should cover.
@@HaimTabibi if the cops chose to use excessive force when they knew it was unnecessary then the city should cover it. I agree the insurance should also and this family should try to sue them for breach of contract. I'd say take it to California's insurance commissioner but those people are corrupt as hell and work for the insurers, not consumers. If the SWAT team did indeed use reckless behavior then yes, the city should cover it.
@@WindowsXP_logon_sound_23yrsago “bootlick” is a sexual act, dear. You should be on a different forum to look for sexual partners.
This is about a crimjnal fugitive who engaged in further criminal acts to escape. Violent perpetrator. This man’s insurance is the remedy.
A likely source for assistance for him is among the auditor and cop watcher community. Maybe he can print up some simple shirts that just say things like "I Don't Answer Questions" or "Never Consent to Searches" or "Am I Being Detained?" I know I would buy some, especially for such a worthy cause.
You could donate to the Institute for Justice
@@Pikmin012 Yes, but how would that help him, directly, to keep his business from folding entirely while he's waiting for litigation to come through?
Those auditor folks are engaged in provocative behavior for click bait. Really just Massengils out for a Summers Eve.
This is an insurance company acting in bad faith. IJ knows this but it doesn’t fit the narrative they want to push.
Don't forget to ask for compensation for mental anguish. Freaking bureaucrats need to remember that we're all people. Denying this man achieves nothing and protects no one.
And the guy escaped.
the joys of govt forgetting the 5th amendment. but his insurance company should pay carlos and then sue the govt.
They destined his place and the guy still got away. Wow. Smh his place got ruined for no reason. And they don’t even care. “Not our problem.”
That's what happens with most government run institutions. There is no competition, requirements are low and it's incredibly difficult to get fired. So what do you do? The bare minimum, often not even that.
The police are cowards. It is becoming increasingly common for them to just bomb entire households as they are too afraid to enter and get the person that they are after out.
Alternatively, they send in the dog first and if the person tries to defend themselves against the dog, they execute them on the spot and it's justified because the dog is considered a police officer and they are technically allowed to use deadly force then.
It's sickening.
Their professional capabilities max out at beating the shit out of and/or murdering, those unable to defend themselves.
@ daveblackman: I assume you mean "destroyed"?
Some years ago the UK police smashed up my front door, doorframe and the surrounding brickwork (they could have knocked, it was early evening and the family was home). They had a search warrant but for a different home. It took a month or two but they paid up in full for all the repairs. We didn't have to engage lawyers either. They also bought flowers for me, a bottle of Scotch for my husband and toys for my children who had been terrified during the raid. The UK police have a great many shortcomings but I'm so glad they're not armed US law enforcement. In fact our police are called the Police Service.
Thats so incredible. I'm so happy you were treated like human beings during that process.
These unhinged degenerates wouldn't do any such thing here.
Cops pay for mistakes like that. But in this case, the damage was caused by the criminal fugitive who was engaging in more crime. This situation is a perfect example of insurance bad faith.
That level of community cultural responsibility has long been lost in Americ- They bought him SCOTCH!? Oh, LORD. I don't even think American cops at their most generous would do THAT..!
Six pack of Miller Light, maybe..
..still, THAT level of community cultural responsibility was lost in American policing ages ago, and it needs to come back.
@@calanon534 it won't come back, I don't think it was ever here, unless it was written into law.... And so long as all the political opportunists think it's fine to live under a capricious violent hair trigger lawless Police State yeah that wont happen
No need to give up tho
Rollback of the blue gestapo tyranny State and the mandating of true accountability will happen, it's just going to be a long hard fight but what isn't in this fourth world political craphouse??
@@HaimTabibi I don't disagree it's insurer malpractice
But the city should also pay
I would wager the fugitive failed to appear for a traffic violation. Thanks IJ.
They I'd mention h was water by US Marshalls, so unlikely.
@@JohnDoe-qz1ql The US Marshalls are often local police that have temporary federal powers to go after fugitives. The locals make extra money , get federal immunity, and get to get their Rambo bent on. You'd be surprised on how low level some of the alleged crimes are for these alleged fugitives.
I saw a story similar to this a few years ago where the police obliterated a good portion of an apartment complex trying to get a teenager that had shoplifted something trivial. The kid wasn't even armed or dangerous. They could have just blocked off the area and tried to talk to the kid with a megaphone or gone knocking door to door in the complex or, I dunno, maybe just let it go, but no, instead they tore huge multi-story holes in the walls of this complex. Common sense just went out the window.
Carlos, please name or list the name of the insurance company so that others like yourself know not to hire them.
I was wondering that myself.
unfortunately almost every insurance company has the same clause in the contract
It's up to us to blacklist all insurances that will not cover this sort of damage. After all, they got good lawyers, and they have the ability to battle with the city to recover, but the policy should pay immediately.
Man it’s like dejavu how many times I’ve heard this happen.
I would just like to say thank you to The institute of Justice for all your hard work God bless you.
He probably won't fit their category for full reimbursement so they'll likely drag it out to totally bankrupt him because, you know, the government. Wish you all the best with this one.
Sadly he really may get nothing for this. The American dream is just that, a dream.
IJ has already won a lawsuit similar to this but was residential
So there's a good chance he may win
But of course they will appeal
U have to be asleep to believe in it.
Just so sad. God bless you Carlos, may you be compensated in full for your loss ❤️🙏❤️
And thank you IJ for standing up for #wethepeople ❤️🇺🇸❤️
Imagine if he did that to the government how much trouble he would be in.
With IJ on the case you're in good hands.
My head is spinning from this video. I pray this business owner is able to win any lawsuit and able to keep his business.
End qualified immunity period!
And get rid of police unions.
This is the goal of the IJ, but here, this is insurance bad faith.
@@jim4448 definitely!
I hope he gets compensated!!!
I cannot even imagine. I hope he gets the compensation he deserves. I bet the city is willing to spend more fighting this than it would cost to fix it.
Good luck Carlos and thank you institute for Justice for helping the less fortunate in situation's like this one.
This reminds me of that scene in "Ghostbusters" where they destroy that ballroom trapping the ghost. At least they got him...
Immanent domain should apply here and every time the government takes or destroys anything from citizens even criminal. If they decide it’s worth paying for in order for public good, fine but the owner must receive compensation.
The government should DEFINITELY pay for the damage. IMO since they didn’t pay and were a**h** about it, they should pay him lost revenue for the months he’s been inconvenienced. 😡
Insurance should definitely provide coverage for the damage that was caused by a criminal fugitive engaged in a crime. Instead, the insurance company is hoping to convince the obtuse that a taxpayer bailout is appropriate.
@@HaimTabibi Why should the business man’s insurance pay? The SWAT did the damage and did excessive damage like a bull in a china shop. This qualified immunity is bull crap. They need some accountability. Maybe they’d be more mindful of what they do.
@@SewBoofy wholly incorrect. A criminal fugitive caused this while engaged in a criminal act. That is why we have insurance. Allowing the insurance carrier to deny would be like allowing an insurance carrier to not cover a stolen car because a criminal took it. Don’t torture facts to create an absurdity because you don’t like cops.
@@HaimTabibi Wow! ASSume much??? I support cops, never said I didn’t. I’m saying SOMEONE needs to pay for the damage. If his insurance pays great! But don’t be surprised if they drag their feet putting the blame on the police trying to get them to pay. Just because I see flaws in the system doesn’t mean I don’t support them. I’m saying that many times cops have gone overboard when not necessary. If there was no hostage was it necessary to go full bore? Perhaps not. Some situations need a little more thought processing.
@@SewBoofy there is a beautiful law in all 50 states, and most of Canada called good faith and fair dealing in insurance claims. Insurance bad faith claims win. This guy went to IJ and IJ is using him for its political narrative. Instead, he should have retained a lawyer, who would take this on contingency.
I am shocked that people on this stream continue to look for a taxpayer bailout for a bad acting insurance carrier.
Hopefully someone who can help him with proper reimbursement. City of LA waists more money on employee fraud. Thanks for sharing this information 🙏
Thankfully there is now precedent to sue for damages by treating it as an eminent domain seizure.
Thank you for all you do. You have a hard road ahead of you, especially with bootlickers like Legal Eagle putting out regular propaganda for the government getting so much more attention.
Oh my so sad he’s trying to make a living Good luck.
This is absolutely ridiculous. I don’t understand how this is possible.
So sad to hear of this happening. Petition your city council representative for a zero interest loan to assist in rebuilding your business.
Keep up the good work IJ! On a different note, seems that government should just require insurance companies to cover damage like this. They regulate the industry so much already so why not put something in there for the good of the little guy for once.
I can't understand the city council not deciding to pay. Good luck to you guys, and thanks for trying to help him.
Just another shameful example of injustice in the world.
If anyone is harmed in a car chase, the damage or injury becomes added charges for the suspect running from apprehension.
Why is the destruction of a business any different?
Sue them under the hell out of them under the "Takings Clause".
Thomas Dutkiewicz
Takings clause. It’s not an act.
The genius move would be to sue the city under the "Takings" clause of the constitution. It works!
That's what we did.
IJ Rocks, we so need your help these days.
didn't y'all win a case for a lady down in texas where you cited basically the same amendment? eminent domain maybe? keep up the great work.
All that damage and destruction yet the fugitive still escaped? What incompetence.
A similar situation happened to a home owner in McKinney, TX.
She won her lawsuit.
Thank you IJ.
I totally agree. This kind of stuff isn't what the government should do! If it could happen to him,it can happen to any small business owners. Stand up for what's right!!
This is almost identical to the situation faced by homeowner Leo Lech when a shoplifter, running from the police, barricaded himself in Lech's Greenwood Village (Colorado) home. In the course of the 19-hour standoff, the Greenwood Village police destroyed Mr. Lech's home.
He sued the city and lost. He appealed to the 10th Circuit Court of Appeals, which rejected his appeal, saying that the government isn't liable for property damage caused by law enforcement. He then appealed to the SCOTUS, which declined to hear his case.
SIC SEMPER TYRANNIS
Excellent work Marshalls and PD.....the depth of the governments ineptitude and callous disregard for the rights and property of free men and women is BREATHTALKING
I wish Institute for Justice could expand by 1,000%…. There are so many people who could use their help and so many unjust situations around the country.
I’m so glad they exist though, and put these videos on RUclips. They are eye-opening and infuriating, but give me a little hope that someone is trying to fight injustice.
Best of luck to Carlos and IJ!
Bless you.
Sue under imminent domain. Sort of like if the government wants to build a freeway they have to pay you for your house to have the right to use your land. In the same way they used his shop to capture a fugitive, so they have to pay for the use of his shop and any equipment inside of it.
Sometimes a 👍 feels inappropriate. Gotta get stories like this out there though. Good work
this needs to go viral #SCOTUS #Justice
There is nothing greedier than the government.
I see an opportunity to leave a broken state.
You people (AJ) doing a great job. I love you guys
Pay the man the mayor and government should be ashamed
Sickening, that they are getting away with this!!!
This guy has a good heart the swat team needs to take responsibility
He needs to not only be made whole, but receive punitive damages. Ideally, with public apologies from those who made the decisions to let him foot the bill for the goobermint nearly "serving and protecting" Mr. Pena completely out of business.
Great work LAPD & the city of Los Angeles. 1st class.
Thank God for the Institute for Justice!
I was driving down highway 1 with a visiting friend in Ventura Cal some years ago. Caltrans was working in the median. One of their weed whackers kicked out a rock and broke my driver side window at 65mph. Like a bomb hit. Glass everywhere. I turned around and the supervisor there acknowledged the incident. He had me fill out an accident form etc. Replacing the window, time and cleanup cost me right around 2k. That is what i billed them for. No more. No pain and suffering etc. They refused to pay? Said i should of called CHP? I worked at this for over a year. One caltrans lady said "go ahead and attorney up and challenge us". Filthy bastards! I hate caltrans
He should sue for damages, court fees, and loss of income.
Thank God for you guys,
If a police car gets damaged chasing a criminal, does the government pay to repair it? What is a police station building is damaged, will they pay for it?
Of course. And it makes absolutely ZERO sense they wouldn't pay when they damage CITIZEN's property. It's mind blowing this is even accepted.
How did he escape. Don't they set up a perimeter
so?the "crim escape"?who help him by opening the perimeter........or back door .....not the owner for sure.....
No, police are stupid.
How arrogant of them…..go get ‘em lawyers
They would be more careful about destroying innocent people's property if they had to pay for it.
all that and the guy still escaped
Keep fighting the good fight. Thank goodness there was a firm like the institute for justice to bring Justice two victims of government and other authorities
I hope he not only gets actual equipment damages, but lost wages as well.
I am disabled but cried on your study.please please tell me how to help you in time of need. I an so disgusted by this no one tsking responsibility. Hang in there br
It would be a different story if the mayor's house was destroyed wouldn't it.
they think nothing of paying off lawsuits from criminal cops, even promoting them yet they can't pay this.. wtf.
Why is this not standard? Pay for the damage that the government does. This is one place that taxpayers would not argue about spending.
Hmm ... a friend of mine had to pay the government 6500 after a pursuit, for the damage to the police car that pitted him.
Never any accountability for the government. Get 'em IFJ!
There's a similar case in which a lawsuit was filed against the police claiming eminent domain abuse, and lack of just compensation. The homeowner won.
Where does the money come from for the government to pay for something like this? In effect is SWAT abusing the tax money we are giving them when they destroy private property?
Thats messed up, the government need to pay him for the damages now.
“Just compensation” is right. Send appraiser in. Regardless of high or low bid, he’s stuff should be replaced.
Government is out of hand.
My $100/mth. donation to IJ goes to work to help people like Carlos. I am happy and proud of that. Thank you IJ for helping the helpless.
Thanks for supporting IJ!
They truly are helping, those who cannot afford to fight back...
They are helping my friend Sylvia... She ran for city council, and then was arrested and discriminated against...
UNBELIEVABLE
I too have been contributing to IJ, after learning about what they do.
👍👍❤️😊
I remember that case. Anyway, you are welcome.@@georgebooth2005
That was unjustifiable overkill. If the cops knew they would have to pay they wouldn't have done all that damage. They are mostly psychos who get off on destroying property and terrifying people and could care less about citizens. They couldn't catch one man after all that destruction? It shows how incompetent, ignorant and worthless they really, truly are. Disgusting!!!!! I hope he wins his case and receives a hundred thousand dollars in restitution.
Same thing happened to a lady that was selling her house and someone broke in why’ll the police where in chasing and they did so much damage to the some of $70.000 and because they to over her property over to get him they had to pay
There was another case where the person sued a different city for taking the property under Eminent Domain
That guys eyes are amazing
End QI.
Require only malpractice insurance.
Government takes and hurts without consequence.
Absolutely love what you stand for.
"Pursuing a fugitive is a legitimate function of the government."
...
So is justifiable compensation when our government takes our chattel.
This is the problem with this government overreach they don't care about destroying your business or property
in the mid 70's, where I then lived....there was an alarm at a large, privately owned "discount store", (today's equivalent is Big Lots), with 2 suspects in the store....local cops (a very small department) fired half a dozen rounds of tear gas into the store.....unfortunately, they were fired into the paint, and painting supplies were, igniting a large fire that totally consumed the store, it's inventory, and the burglars, causing a loss to the store owner of approximately 2.5 million 1970's dollars; government refused to pay, insurance refused to pay, business went bankrupt........