Ex-Police Holds Air Conditioning Repairman At Gunpoint Over “Fake Ballots”
A former Houston police captain rammed into the back of a truck carrying air conditioning parts because he believed the driver was part of a vast scheme to defraud the election process and turn the results of the election over to Joe Biden. The former police officer was convinced that there were people employing Hispanic children to fill out phony ballots to help Biden win. After he rammed the truck, he ordered the driver out of the vehicle. When police finally did arrive, they found the former police officer with his knee on the man’s back. After searching the vehicle, they found no phony ballots, only air conditioning parts. The police officer received over $200,000 from a Republican lobby after the incident occurred and is believed to be on the lobby’s payroll pursuing voter fraud allegations.
Can The Air Conditioning Repairman Sue the Lobby?
Interestingly, he may be able to sue the lobby for negligently radicalizing an unstable man. Clearly, an individual who rams into a random commercial truck to stop it from delivering ballots that don’t exist isn’t maintaining intact reality testing. Radicalized with a fear that a rival enemy is going to take over the government by unlawful means, he went out looking for trouble. He eventually found it when he came upon an air conditioning repair vehicle, rammed it with his vehicle, and then held the driver at gunpoint while making a “citizen’s arrest”. It didn’t help that police never found any evidence that the man was transporting ballots, but what is the liability of the Republican lobby that was paying the man to “investigate” voter fraud?
Negligent Employment of an Independent Contractor
Can someone who hires a negligent independent contractor to do a job be held liable under personal injury law in Texas? The answer is yes with several caveats.
Technically, an individual who is paid by an organization to fulfill certain duties is considered a contractor when the employer leaves the contractor alone to fulfill the duties of their work. Typically, an employer has vicarious liability for any employer misconduct or negligence meaning that they are liable when their employee is liable. That’s because the entire corporation or company is treated as a single entity. That is not the case with independent contractors.
To file a negligence lawsuit, you must prove that the individual who injured you had a duty of care. If they are working on behalf of someone else, then you have to prove that someone else had a duty of care as well. The situation is muddled by the fact that the lobby is not the police officer’s employer, but the lobby can be held responsible for negligently selecting the contractor. However, the lobby can say that they did not know about the police officer’s state of mind. In this case, the amount of control the lobby had over the police officer will determine if they are liable for the victim’s injuries. The police officer will face charges for aggravated assault.
Call a Houston Personal Injury Attorney Today
If you’ve been assaulted by a former police officer who thinks you’re part of a vast conspiracy to overturn the election, call the Houston personal injury attorneys at Livingston & Flowers today to learn more about how we can recover damages related to your injuries.
Resource:
haynesboone.com/~/media/files/attorney%20publications/2018/employer%20liability%20for%20independent%20contractor%20injury.ashx
