Dallas Police Officer accused of sexual assault found dead

I don't have a problem with police, and overall they're for the most part like many of us; earn our money and make it home to sleep or be with our families. But this guy was a rapist, and abusing his position and authority in order to perpetrate; which makes his crime especially despicable. I don't know if going to prison would be more fair than what happened to him; being a cop and a rapist would have probably guaranteed he got to find out what it's like to be on the receiving end of rape among other beatings and such. I can't feel sorry for the guy. A bullet would be too good for him after what he did to all those providers. Originally Posted by redman1501

He's a rapist who made the decision to take his own life. Why should anyone feel sorry for this scumbag?

This "public servant" was mentioned in another thread back in December
http://www.eccie.net/showthread.php?t=1258814

and a quick search on his name shows that he was exposed way back in 2007 for writing fake tickets in order to obtain promotions and raises.

http://www.dmagazine.com/publication...ing-inside-dpd

NOT an upstanding officer by any means and sadly, even with that article in 2007, he was kept on the force.

THAT is a question that should be asked of the Chief. Why was this officer still on the force?

You mean Chief David Kunkle, correct? The Chief did launch internal investigations on Kattner and his fellow Senior Corporals Al Schoelen, Jeffrey Nelson, and Tim Stecker. But somehow Kattner managed to get off the hook entirely; Stecker got ten day suspension (and is still with the DPD at present); only Schoelen and Nelson got fired. However Schoelen later managed to cut a deal with the city which allowed him to retire with honor. Thus in reality Nelson was the sole participant who got smoked for the fake citation scheme.

The irony is that Kunkle and former mayor Miller have pushed reforms so relentlessly within the DPD, they frequently got disparaged by the Dallas police union.

My guess is that he (Kattner) took his own life before getting terminated and/or convicted, so his spouse and dependents can still collect the benefits and insurance that are due to him from the city and its union funds. Therefore I would like to be certain if ShysterJon our legal expert can elaborate this issue a bit further. It seems like from time to time death can't prevent the authority from going after the assets of the deceased.

And I am quite certain a slew of lawsuits will be filed against the City of Dallas by alleged victims who claim they've been blackmailed by Kattner in like manner. From what I've read so far, he had committed the said sexual assault while on the other job(not on police duty I guess), but he was in a marked police squard car and in uniform (also holding his service weapon during the assault). Just wondering whether the City of Dallas is liable for acts committed by its personnels not on official capacity when the forementioned offense took place, and if his suicide makes it more daunting to the city to fight the upcoming lawsuits in the foreseen future? I would like ShysterJon and those who are interested in this issue to chime in as well.

And I am quite certain a slew of lawsuits will be filed against the City of Dallas by alleged victims who claim they've been blackmailed by Kattner in like manner. From what I've read so far, he had committed the said sexual assault while on the other job(not on police duty I guess), but he was in a marked police squard car and in uniform (also holding his service weapon during the assault). Just wondering whether the City of Dallas is liable for acts committed by its personnels not on official capacity when the forementioned offense took place, and if his suicide makes it more daunting to the city to fight the upcoming lawsuits in the foreseen future? I would like ShysterJon and those who are interested in this issue to chime in as well. Originally Posted by andymarksman

You guys kill me sometime. You invoke my name like I'm a genie, or as if I read every post in every Eccie forum. Although I try to, I can't. (A member emailed me today about this thread.) The best method to have GenieJon magically appear and render his legal opinions is to email me at ShysterJon@gmail.com.

The sexual assault victims might sue Kattner's estate (his estate now owns the assets Kattner owned at the time of his death) for various torts, such as battery. But the more complicated matter is suing Kattner's estate and the City of Dallas for civil rights violations. This is an area of the law I'm very familiar with. I've sued cities and I've defended cities. It's also a complicated topic, and I'll not attempt a thorough analysis of the Kattner case. But I'll say this:

If Kattner used the authority of his office as a cop to coerce women to have sex with him, his estate could be liable under federal civil rights statutes. However, in my opinion, it's unlikely that the city would also be held liable. For the city to be found at fault, the plaintiffs (that is, the assaulted women who brought the lawsuits) would have to show that Kattner acted under the "color of state law." That means that the plaintiffs would have to prove that Kattner acted pursuant to an official City of Dallas Police Department policy, or a DPD practice or custom. I can imagine evidence that would prove that, but I'm unaware that such evidence exists (and I'm intimately familiar with DPD policies, customs, and practices). When the city is sued (as it will inevitably be), the city will defend that Kattner acted outside the scope of his authority as a DPD cop, and went rogue and acted solely on his own.

Where's all that smooth ass Latin shit you used to throw down?

Where's all that smooth ass Latin shit you used to throw down? Originally Posted by TheRealJohnnyRingo

Actually, I used a Latin phrase today in a brief: Suppressio veri expressio falsi ("A suppression of truth is equivalent to an expression of falsehood"). So there, motherfucker.

Actually, I used a Latin phrase today in a brief: Suppressio veri expressio falsi ("A suppression of truth is equivalent to an expression of falsehood"). So there, motherfucker. Originally Posted by ShysterJon

Thanks, I'm sure I can find an opportunity to use that eventually. That res ipsa loquitur shit worked out pretty good. Keep em coming counselor.