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Judge: Mich. man can sue store he robbed

Wed Nov 4, 2009 6:30 AM EST
us-news, us, robber, beaten, sues, mich
Associated Press
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MOUNT CLEMENS — A Michigan judge says a man who claims he was chased, shot and beaten by workers at a store he'd just robbed can sue the men. But only if he comes up with $10,000 within two weeks.

Scott T. Zielinski is serving an 8-year prison sentence after being convicted of unarmed robbery for the November 2007 heist at Nick's Party Stop in Clinton Township.

The 23-year-old filed a lawsuit against the store, its owner and three employees in April. Zielinski was shot twice and claims he was excessively beaten.

Circuit Judge David Viviano ruled this week that although Zielinski is indigent and imprisoned, he must post a $10,000 bond to cover the store and employees' attorneys fees if he looses the case.

Zielinski is seeking $125,000.

© 2009 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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  • Groups: none
  • Regions: United States , Detroit
  • Public Discussion (11)
jdl-28

Yes please steal from me and than come back and sue me, what are judges thinking now a day.

    Reply#1 - Wed Nov 4, 2009 7:01 AM EST
    Happster

    As an attorney, I'm embarassed that this court does not have the moxie to review the adjudicated facts (from the criminal case) and send this case where it belongs. It's bad enough that the system is too lenient on these felons, but now we're going to put business owners under threat of liabity for protecting themselves, their employees, their customers and their property? Good lord, where has common sense gone? This dirtbag caused an extremely volatile situation, where an average Joe was propelled into making split second, life or death decisions. Thank god its not my tax money they're wasting. The only mistake this shop owner made was missing his head with the bullets.

    • 1 vote
    Reply#2 - Wed Nov 4, 2009 9:16 AM EST
    patent

    As attroney i agree this case has many issues but i do have problems with the amount of force the stores employees used. The guy robbed them and was unarmed, meaning no weapon. So i do not believe it was appropriate force for them to shoot the man, chasing and restrain sure that is fine. But beating him after he was restrained is to much force. That is what i believe will be the issue in this case.

      #2.1 - Wed Nov 4, 2009 9:41 AM EST
      Jeff Jefferson-912478

      As attroney i agree

      I don't doubt that for a minute. You see an opportunity to sue someone and get your 30%. The NORMAL citizen sees justice that the system refuses to provide. No wonder the recidivism rate is as high as it is, there is no meaningful punishment to deter criminals as they continue to rob, assault, murder, rape and maim law abiding citizens.

      • 1 vote
      #2.2 - Wed Nov 4, 2009 9:52 AM EST
      patent

      I don't do torts law, i hate most of torts and think most claims these types of claims are ridiculus. I hate ambulance chaser also and such i am not one. I am a govenment employee. I agree that the guy is in jail and he is for the robbery but come on don't you think it is a little much for the guy to be shot twice and beating for robbing the store UNARMED. I think he should be award 1$ and the court agree that it was to much force but you brought it on yourself for robbing the store.

        #2.3 - Wed Nov 4, 2009 11:28 AM EST
        Jeff Jefferson-912478

        An award of a $1, now that would be interesting. I don't think there are enough clear and sober minds in a state judicial system in America to make that happen. Makes too much sense.

        • 1 vote
        #2.4 - Wed Nov 4, 2009 11:50 AM EST
        somesense-1459047

        an award of $1 , would say he had a case, the owner/employees would have to pay their own lawyers (again being punished for being robbed).. the only winners here are the lawyers.

          #2.5 - Sun Nov 8, 2009 5:23 PM EST
          Reply
          BelindaK

          This is a perfect example of what is wrong with our judicial system.

            Reply#3 - Wed Nov 4, 2009 9:19 AM EST
            Jeff Jefferson-912478

            But only if he comes up with $10,000 within two weeks.

            Sounds like a license to rob and steal. Any intelligence in the magistrate in Michigan or have Rich Rod and the terrible Wolverines sapped your common sense?

            • 1 vote
            Reply#4 - Wed Nov 4, 2009 9:32 AM EST
            lilgremlin

            Mount Clemens is 26 miles from Detroit. Its middle, upper-middleclass territory with a heavy auto union demographic. Used to spend time in the area. Not a whole lot of common sense running around out there from what I observed. At least the judges stipulations make it improbable that he'll be able to proceed with the lawsuit. Just because someone isn't using a weapon to rob you doesn't mean that you won't feel threatened or in fear of your life. When put under duress people react very differently than they might otherwise.

              Reply#5 - Wed Nov 4, 2009 10:26 AM EST
              pueblonative

              First off, the writer needs to mix in some grammar ("looses the case"?). Second off, this is just a smack at the guy. Yeah, you can sue, just come up with the 10 Ks.

                Reply#6 - Thu Nov 5, 2009 2:11 PM EST
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