Am I Entitled to a counter-suit in this situation?

[Zax666]

I second Matt's suggestion. At least scare him out. (Be careful, though!)

 

[urinalcakemix]

Meh, we're already planning on getting some revenge after the case is done, but not until everythings settled then BAM, he'll meet Mr. Swirly

My question was still unanswered tho, Can they use footage of us on SCHOOL GROUNDS, rehearsing, without permission or consent etc etc.

I mentioned this to drumline, they all like the idea of getting a couple hundred bucks for missing school and going to court =)


Meh, Peoples Court > Judge Judy there SR =)

 

[anonymousnick2001]

I just hope this whole thing works out. Hopefully the presiding judge will not be an idiot.

 

[ABQShredHead]

Something comes to mind that recorded evidence is not submissible in court unless it was obtained with a proper warrant or through consent of all parties being recorded. I doubt she had a warrant to video your performance, and you clearly do not consent to the taping.

 

[-Rivfader-]

I love this country.

 

[Yngvai X]

Something comes to mind that recorded evidence is not submissible in court unless it was obtained with a proper warrant or through consent of all parties being recorded. I doubt she had a warrant to video your performance, and you clearly do not consent to the taping.

Well like petethedrummer said, in the Laci Peterson case, the guy was not aware he was being recorded but it is being used as evidence against him. The police asked his girlfriend to bug the phone though, so maybe since it was a police request and he was already a suspect they can use that.

 

[SyXified]

The video evidence will probably be submissable in court, because it was not a hidden camera. Since people could see that it was being filmed and no one objected, it's reasonable to assume that you would be aware of the video tapes existance and that it would be cataloging the event. However, there is no way the kid would win the suit, or that the video would have any sway in it. A judge can't watch a video and be like, 'oh yeah, he IS a really good drummer'. That is completely objective and it is a situation where people are being selected based on drum merit, the people in charge of the selection are the ones best entitled to make that decision, not the kids mom or a judge. The kid would need witnesses to testify that he is a great drummer who also has some established knowledge in the field, or would need to have a judge on tape saying 'boy, he's really good, but since he's a retard, he can't be on the squad, 3 cheers for discrimination!'. You really can't counter sue for anything though, because you have not encurred any damage to your reputation or finances. The only resonable countersuit would be for court costs, anything else the judge will toss out.

 

[urinalcakemix]

I see, well, thats basically what I was looking for.

The videoes we had NO idea we're being filmed, although may not have been COMPLETELY hidden, no one saw them. We didnt find out about them until the kid TOLD us his mom video taped us 10 days afterthe films were shot.