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Made in us
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The Great State of Texas

http://www.delawareonline.com/story/news/local/2014/07/21/man-sues-pizzeria-thwarting-robbery-attempt/12967647/

best Quote of the thread:
"In his motion, Sykes also wrote that he should be allowed to take back his plea because, "I'm not good at making good choices.""

Man sues pizzeria for thwarting robbery
Sean O’Sullivan, The News Journal 1:03 p.m. EDT July 23, 2014Buy PhotoMisael Madariaga, a deliveryman for Seasons Pizza on Maryland Avenue in Newport, heads out the back door with deliveries Monday afternoon. Madariaga was working at Seasons the night Nigel Sykes robbed the restaurant on Nov. 30, 2010. Sykes is now suing six employees that he claims assaulted him with unnecessary force.(Photo: JENNIFER CORBETT/THE NEWS JOURNAL)Buy Photo
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COMMENTEMAILMOREThe first time Nigel Sykes tried to get money from the Seasons Pizza in Newport, he did it with a gun, forcing his way into the business through the back door.

This time, Sykes is trying to get money from the pizzeria by suing the employees who tackled him and wrestled his gun away during the robbery.

Sykes alleges assault in a federal civil complaint claiming the rough treatment was "unnecessary" and that as a result of the injuries he suffered during his attempted hold-up, he is due over $260,000.

Sykes also claims in his suit, filed without an attorney, that after employees subdued him, two Newport police officers improperly used stun guns on him and denied him access to medical attention.

Normally lawsuits like this are tossed out after a brief review by the court. And while U.S. District Judge Sue L. Robinson tossed out several of Sykes' claims, she allowed the case to move forward against the pizza employees, two arresting officers and Seasons.

Nigel Sykes(Photo: Submitted)
Officials with Seasons declined comment but Newport Police Chief Michael Capriglione said, "It is a joke lawsuit."

"It is sad to see this kind of suit being looked at. The court shouldn't waste the taxpayers' money," he said.

Sykes, 23, of Wilmington, filed his federal civil action in 2013 from prison, where he is serving a 15-year sentence for robbery and attempted robbery.

In his self-written complaint, Sykes admits, "I committed a robbery at Seasons Pizza" on Maryland Ave. on Nov. 30, 2010, just before 8 p.m. He admits he "displayed" a handgun and that an employee – a delivery driver and one of the named defendants – "handed me $140."

He says he then started to make his way forward in the store when a different employee grabbed him from behind and other employees wrestled the gun from him, with at least one shot being fired during the struggle.

STORY: Beretta says gun law forcing move out of Maryland

STORY: Police seek knife-wielding thief in Milltown robbery

"That is when the assault began," according to Sykes' suit. "All of the Season's Pizza employees participated in punching, kicking and pouring hot soup over my body. I was unarmed and defenseless and had to suffer a brutal beating by all of the employees of Seasons Pizza," he wrote, adding the beating knocked him unconscious.

In Sykes first 2011 complaint, which is significantly different than the most recent one, he claimed an unknown person robbed him at gunpoint "and then forced me, after giving me a gun, to [rob] a nearby Seasons Pizza."

"I complied with his commands and proceeded to rob the establishment." he wrote in 2011, adding he informed employees that he was being forced into the hold-up by someone outside.

In that account, which was tossed out on procedural grounds, Sykes also claimed employees beat him with pots and pans, rendering him unconscious and described the beating as "unnecessary."

Sykes claims in both suits, "I was aroused from my state of unconsciousness, only to realize that I was handcuffed and being tasered," by the police. He concludes by alleging the officers denied him needed immediate medical attention for the burns and stun gun wounds and other injuries for 8 hours. And one officer used a racial slur, he wrote.

Sykes demands $20,000 each from six Seasons employees, $20,000 from each of the two arresting officers and $100,000 from Seasons.

Employees at Seasons remember the robbery and said one employee was shaken up by it for a long time. In the restaurant's kitchen, they still have a trash can that was hit by a bullet from Sykes gun and someone wrote the name of the employee who was narrowly missed by the shot over the bullet hole.

Attorneys for the two Newport police officers recently filed a response to the suit, seeking to have it tossed out on statute of limitations grounds.

At the time of his 2010 arrest, police said Sykes was linked to at least eight other robberies including a bank, three other pizzerias, two fast food restaurants and two convenience stores.

Sykes pleaded guilty in New Castle County Superior Court in July 2011 to five counts, resolving some 51 charges against him including counts related to the attempted robbery at Seasons and the Sept. 2010 robbery of a WSFS Bank. A Superior Court judge then sentenced him in April 2012 to 15 years for robbery, attempted robbery and three weapons counts.

Shortly after entering his plea, Sykes attempted to withdraw it claiming in a motion that he had not taken his medication that day. Both the Superior Court and the Delaware Supreme Court denied the request, citing the fact that Sykes attorney said on the day of the plea that Sykes had no mental issues and was not on medication.

In his motion, Sykes also wrote that he should be allowed to take back his plea because, "I'm not good at making good choices."

Contact Sean O'Sullivan at (302) 324-2777 or sosullivan@delawareonline.com or on Twitter @ SeanGOSullivan.


-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
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That seems reasonable. What's wrong with that? A man's gotta eat, right?

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At the time of his 2010 arrest, police said Sykes was linked to at least eight other robberies including a bank, three other pizzerias, two fast food restaurants and two convenience stores.


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Just an innocent thrown in jail.Nothing to see here. Move along citizen.

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Only in this 'counter sue culture' could he attempt this. How long until rapists and the like end up trying to sue the police for catching them and stopping them from doing something they love?



 
   
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What is 'unreasonable' force when all you've got is lots and pans and the robber threatens you with a loaded gun.

The employees probably should have just given him the money and whatever he wanted. Would you risk being killed to save the Pizza Hut takings?
   
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Honestly the only thing i see as having any merit is the supposed hot soup and tazering after being in cuffs (unless continuing to resist arrest or what not)

anyway "I'm not good at making good choices."

This message was edited 1 time. Last update was at 2014/07/23 18:14:46


 Unit1126PLL wrote:
 Scott-S6 wrote:
And yet another thread is hijacked for Unit to ask for the same advice, receive the same answers and make the same excuses.

Oh my god I'm becoming martel.
Send help!

 
   
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WA, USA

There's a certain surreal honesty in that statement though Desu. It's very philosophical.

 Ouze wrote:

Afterward, Curran killed a guy in the parking lot with a trident.
 
   
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Some dummy tries this at my job, they get several 9mm rounds in and around their face.

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Biloxi, MS USA

 Howard A Treesong wrote:
What is 'unreasonable' force when all you've got is lots and pans and the robber threatens you with a loaded gun.

The employees probably should have just given him the money and whatever he wanted. Would you risk being killed to save the Pizza Hut takings?


As someone who used to deliver pizzas, they're not just fighting for the company's take. I used to regularly come home with several hundred in cash from tips. I paid rent and such with that.

This message was edited 1 time. Last update was at 2014/07/23 18:18:03


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 Howard A Treesong wrote:
What is 'unreasonable' force when all you've got is lots and pans and the robber threatens you with a loaded gun.

The employees probably should have just given him the money and whatever he wanted. Would you risk being killed to save the Pizza Hut takings?


Because odds are not low that the BG will force all the employees into the store room and shoot them in the back of the head.

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
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Biloxi, MS USA

 Frazzled wrote:
 Howard A Treesong wrote:
What is 'unreasonable' force when all you've got is lots and pans and the robber threatens you with a loaded gun.

The employees probably should have just given him the money and whatever he wanted. Would you risk being killed to save the Pizza Hut takings?


Because odds are not low that the BG will force all the employees into the store room and shoot them in the back of the head.


Maybe not the second part, but when our store got robbed, they did in fact lock the employees(including my sister) in the store room while robbing the joint.

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Kalashnichris wrote:
Some dummy tries this at my job, they get several 9mm rounds in and around their face.


Some dummy tries this at my job and I will throw 2-4 young associates at him, and a drawer full of pens and staples. When he's down I will pelt him him mercilessly with my Central Texas Dachshund Rescue (shameless plug) 2014 Calender.

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
Made in us
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WA, USA

 Frazzled wrote:
Kalashnichris wrote:
Some dummy tries this at my job, they get several 9mm rounds in and around their face.


Some dummy tries this at my job and I will throw 2-4 young associates at him, and a drawer full of pens and staples. When he's down I will pelt him him mercilessly with my Central Texas Dachshund Rescue (shameless plug) 2014 Calender.


While that may be, I like to picture you thwarting a criminal by simply raising your arms, and unleashing a tide of dachshunds upon the perpetrator. They flail and attempt to escape, but are overcome, and by the time this tide of wiener dogs recedes, there is naught left of the criminal but bones.

 Ouze wrote:

Afterward, Curran killed a guy in the parking lot with a trident.
 
   
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The Great State of Texas

 curran12 wrote:
 Frazzled wrote:
Kalashnichris wrote:
Some dummy tries this at my job, they get several 9mm rounds in and around their face.


Some dummy tries this at my job and I will throw 2-4 young associates at him, and a drawer full of pens and staples. When he's down I will pelt him him mercilessly with my Central Texas Dachshund Rescue (shameless plug) 2014 Calender.


While that may be, I like to picture you thwarting a criminal by simply raising your arms, and unleashing a tide of dachshunds upon the perpetrator. They flail and attempt to escape, but are overcome, and by the time this tide of wiener dogs recedes, there is naught left of the criminal but bones.


1. Thats at the house.
2. You forget, much like pitbulls, BADGER DOGS eat the bones...

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
Made in us
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I don't see why anyone thinks this is controversial. He isn't suing them for stopping the robbery, he's suing them for (supposedly) beating him once he was no longer a threat. If that did in fact occur then he absolutely deserves to win and the employees should be joining him in prison. This is a straightforward rule of self defense, you can use force to end a threat but if you continue to use force once the threat has ended you become the aggressor and get to spend some time in prison.

This message was edited 1 time. Last update was at 2014/07/24 00:58:40


There is no such thing as a hobby without politics. "Leave politics at the door" is itself a political statement, an endorsement of the status quo and an attempt to silence dissenting voices. 
   
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 Peregrine wrote:
I don't see why anyone thinks this is controversial. He isn't suing them for stopping the robbery, he's suing them for (supposedly) beating him once he was no longer a threat. If that did in fact occur then he absolutely deserves to win and the employees should be joining him in prison. This is a straightforward rule of self defense, you can use force to end a threat but if you continue to use force once the threat has ended you become the aggressor and get to spend some time in prison.


I think peoples' inclination is to take the side of, "play stupid games, win stupid prizes." Much like the father who beat the crap out of the guy he caught molesting his kid, and was not charged by police.

Not saying that I agree or disagree with that take, but I understand.

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Norwalk, Connecticut

This is the same style of suing that exists when a robber falls through the floor of the house of a man who is renovating. If the judge lets him get away with it, the legal system has failed. Excessive force? He discharged a gun in a restaurant-likely at least semi-crowded if it was during regular hours. Plus he's obviously lying already about "being forced to do it" when he has 8 counts of it in the recent past, I'm sure he's lying about the excessive force as well. It's his word against everyone else there. Unless security tapes show excessive force, put him in solitary and lose the key. No loss to society there, as he's a stain on humanity.

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The Great State of Texas

 Peregrine wrote:
I don't see why anyone thinks this is controversial. He isn't suing them for stopping the robbery, he's suing them for (supposedly) beating him once he was no longer a threat. If that did in fact occur then he absolutely deserves to win and the employees should be joining him in prison. This is a straightforward rule of self defense, you can use force to end a threat but if you continue to use force once the threat has ended you become the aggressor and get to spend some time in prison.


All I have to say is, are you out of your fething mind?

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
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I am looking forward to seeing Serial killers suing the government from doing their "hobbies".

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 NuggzTheNinja wrote:
I think peoples' inclination is to take the side of, "play stupid games, win stupid prizes." Much like the father who beat the crap out of the guy he caught molesting his kid, and was not charged by police.


That's a very different situation because (as far as we know) the father violently removed him from his son and injured him in the process, but didn't continue the beating once he was lying injured on the floor and waiting for the police to arrive. If the father had walked off, retrieved his gun, and executed the guy it would have been murder even though the victim doesn't deserve much sympathy.

 Frazzled wrote:
All I have to say is, are you out of your fething mind?


Exactly what part of that do you disagree with? Do you not understand how self defense laws work, or do you just think that people should be allowed to inflict whatever vigilante justice they feel is appropriate as long as the victim "deserves it"?

There is no such thing as a hobby without politics. "Leave politics at the door" is itself a political statement, an endorsement of the status quo and an attempt to silence dissenting voices. 
   
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The Great State of Texas

Exactly what part of that do you disagree with? Do you not understand how self defense laws work, or do you just think that people should be allowed to inflict whatever vigilante justice they feel is appropriate as long as the victim "deserves it"?


Quite knowledgeable of them actually.

A Bad Actor cannot successfully overcome a self defense argument vs. non-police when he is armed with a firearm, was in the commission of a felony, and the GGs were unarmed.
Only in NY would a court of law not pour that out immediately.

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
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There's a topic.

Stick to it.

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I was in a similar situation as the graveyard bellman at the Clarion hotel on Canal Street in New Orleans when I had to wrestle a gunman down and hold him in a joint lock until the police came.
I was told by the night crew his screams could be heard all over the ground floor of the place. When the police came to collect him he couldn't walk and had to be carried out.
   
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This guy just sounds like a complete arsehole. I doubt what he says actually happened.

He should be so lucky to be alive. I assume one of the staff could have killed him on self defence grounds? (obviously if they hadn't subdued him first)

Also why isn't this guy behind bars for the rest of his life? He's clearly a dangerous repeat offender and it wouldn't surprise me if he eventually causes someones death.

   
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The Great State of Texas

Ayah.
At the Austin house there is a Marcos in walking distance which is quite good when they get the order right. But they NEVER get the order right so I won't go there.

At the Houston house there is a local pizza joint I've gone to for years. Since Dad got sick it was tradition once a month to park there, order, take Rusty Tiger for a walk, and pick it up. But the teenage mouth breathers got confused from ordering to paying and forgot I paid, so I flipped out at the accusation and so won't go back.

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
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Think you might be lost there Frazz... maybe you're the one with the memory problem.

This message was edited 1 time. Last update was at 2014/07/24 16:03:42


   
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The Great State of Texas

 Medium of Death wrote:
Think you might be lost there Frazz... maybe your the one with the memory problem.


Many things yes, but not about da moolah! At that location I always paid when I ordered, because they always asked me too. After yelling at them (and their manager who was trying to hide in a corner) they found my order and that I had paid.

-"Wait a minute.....who is that Frazz is talking to in the gallery? Hmmm something is going on here.....Oh.... it seems there is some dispute over video taping of some sort......Frazz is really upset now..........wait a minute......whats he go there.......is it? Can it be?....Frazz has just unleashed his hidden weiner dog from his mini bag, while quoting shakespeares "Let slip the dogs the war!!" GG
-"Don't mind Frazzled. He's just Dakka's crazy old dude locked in the attic. He's harmless. Mostly."
-TBone the Magnificent 1999-2014, Long Live the King!
 
   
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Newport, S Wales

and pouring hot soup over my body

*trimmed original article for space*

Damn, he shouldn't have robbed the place but I think they went too far with the soup...

I mean, I'm sure using hot soup as a weapon is banned by the Geneva convention or something

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