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Savannahmann

(3,891 posts)
Sun Apr 27, 2014, 10:44 PM Apr 2014

After 22 years in prison for a crime he did not commit, man gets to sue after all.

This is the second case I've heard of where the police officer was sued individually, along with the city. I think it is high time these things happened, and look forward to them happening more.

As a brief explanation, as I understand it and I may be wrong, and if you know better please let us all know. You can't sue a cop without permission. You have to demonstrate to the Judge that the officer was not acting within the established policies and laws governing his actions. Which makes cases like this ripe for such a suit. Since the department always backs the cop, that means that lawsuits are too few and far between. That's probably why the cops are so angry that video recording is protected under the first amendment everywhere.

In this case, a man with a limited education, he'd finished the 6th Grade, was lied to by police, threatened for days, until he signed a confession that had been prepared for him. He was convicted, and sentenced to two life terms for torturing and murdering two children.

After 22 years he was proven innocent by DNA testing by Project Innocence. Now, he wants to sue the police department, the city, and most importantly the cops who abused him into confessing. The Judge has ruled that the cops can be sued individually and referred to the abuses as egregious. I won't bother playing the guessing game, you already know, this man is black.

We as a society need to reign in these out of control police officers. We need to explain to the every department that these types of behaviors are absolutely unacceptable. We need to write our District Attorneys demanding to know why the cops doing these abuses are not charged with crimes. They are not enforcing the law, or operating according to policy. They are abusive bastards who should be locked up.

It used to be a principle that it was a privilege to serve the public. It was a privilege to be a firefighter, a paramedic, a member of the military, a politician, and yes, even a cop. It was a privilege to serve the public, it was even called a "higher calling" to do such work. It seems to me that too many of these are now operating as though it is a privilege to be served by the public servants. That is something we've lost, public service means that the individual serving is the servant, and is supposed to serve the public. Too many Politicians act like it's an honor to be represented by them, we are the lucky ones to have someone as awesome as they. Too many cops have the same attitude. Aren't we lucky that he's out there protecting us? We would lucky if they were serving instead of abusing and brutalizing people.

Courthouse news had this gem. Cops were planting drugs on a woman to cover up the illegal search. Aren't we lucky that they are the cops who are protecting us? Not satisfied with planting the evidence, they also had the county crime lab tamper with her blood tests to make them show positive for drug use. Now, why aren't these cops charged with perjury? Why aren't they charged with possession with intent to distribute drugs? They had the drugs in their possession, and intended to transfer possession to an innocent person, that would seem to be intent to distribute. Try them as drug dealers and see them locked up.

We talk about the 1%, and granted the 1% economically cause a lot of damage. But the 1% of the population that is law enforcement cause just as much damage, and even more to individuals and families as the rich do, but nobody calls on reforms for that, because no politician will ever run on the platform of reigning in the police, or reforming law enforcement.

14 replies = new reply since forum marked as read
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After 22 years in prison for a crime he did not commit, man gets to sue after all. (Original Post) Savannahmann Apr 2014 OP
kick for justice Liberal_in_LA Apr 2014 #1
I don't know too much about this case, or about the topic of including individual LEOs in general, Jenoch Apr 2014 #2
Why is it troubling defacto7 Apr 2014 #5
If every single arrest by eveey single cop Jenoch Apr 2014 #6
Putting aside that it's already been determined defacto7 Apr 2014 #7
How many Jenoch Apr 2014 #8
You keep adding defacto7 Apr 2014 #9
Information about this case was contained in the first link Savannahmann Apr 2014 #10
I don't believe it's something we lost Major Nikon Apr 2014 #3
The main difference is now there is frequently proof JoeyT Apr 2014 #11
And a vast majority of the time Savannahmann Apr 2014 #12
It is unusual for a judge to have the sense to find each Dawson Leery Apr 2014 #4
No, the individual cops' potential liability is clear under the law. Jim Lane Apr 2014 #13
Thank you for clarifying this Savannahmann Apr 2014 #14
 

Jenoch

(7,720 posts)
2. I don't know too much about this case, or about the topic of including individual LEOs in general,
Sun Apr 27, 2014, 11:21 PM
Apr 2014

but the idea of giving every single person who is arrested the ability to sue the LEO who arrested them, I find troubling.

defacto7

(13,485 posts)
5. Why is it troubling
Mon Apr 28, 2014, 01:38 AM
Apr 2014

that all people should be held accountable for their unlawful actions?

"The Judge has ruled that the cops can be sued individually and referred to the abuses as egregious."

"Giving every single person who is arrested the ability to sue" is not what happened here anyway. But officers must not be above the law they are supposed to serve no matter what the precedent. If that hole gets sewn up it will be the beginning of justice for thousands of egregious abuses by lawless people who for this argument would be cops.

 

Jenoch

(7,720 posts)
6. If every single arrest by eveey single cop
Mon Apr 28, 2014, 02:04 AM
Apr 2014

went through the court system it wiuld be the same as a lawless society, there already is a systrm to keep cops accountable for tbeir actions.

defacto7

(13,485 posts)
7. Putting aside that it's already been determined
Mon Apr 28, 2014, 02:13 AM
Apr 2014

in this case that "every single arrest by eveey single cop" is not at issue, what system is it that keeps them accountable? If there is one, It hasn't worked.... at least not consistently enough to keep many thousands of people from wrongful incarceration and death for the sake of cover-up, making money, for fun or just for spite.

 

Jenoch

(7,720 posts)
8. How many
Mon Apr 28, 2014, 02:26 AM
Apr 2014

arrests are therw annually in the U.S. that are made "...many thousands of people from wrongful incarceration and death for the sake of cover-up, making money, for fun or just for spite."?

defacto7

(13,485 posts)
9. You keep adding
Mon Apr 28, 2014, 02:37 AM
Apr 2014

things never said. I didn't say or imply the word "annually" I'm talking about a long history of unlawful activity by officers in the US that dates back decades even more than a century and has become an increasingly pathologic problem in recent years.

Oh well, good night... another time.

 

Savannahmann

(3,891 posts)
10. Information about this case was contained in the first link
Mon Apr 28, 2014, 07:42 AM
Apr 2014

Information about the second case is contained within the second link. Why should the police be above the law? Why should the police be held to some sort of super standard?

You mention in one of your other replies that the Police are already held accountable. Really? By who or what?



In this video the police intentionally break the arm of a mentally disabled teen. They are the ones instigating the situation, they are the ones escalating the situation, and they are the ones using obviously excessive force. Now, they are the ones getting away with it. If I dare lay one finger on a cop, then I am assaulting a police officer, a Felony in every single state. One finger, a year in jail. One finger. They break an arm willfully, and are not so much as charged a fine of a single dollar.

When the K-9 dies due to the officer leaving the dog in the hot car, the officer feels terrible about this and we're investigating. Then they clear him a couple weeks later. If it had been a civilian, when it is a civilian I should say, the arraignment is within a couple days, not weeks.

The old question, who watches the Watchers? Who is holding the police accountable? The mask of the dedicated public servant wearing a badge, the thin blue line lie is slipping, and more and more people are learning the truth. The police are bullies wearing badges. Enabled by law to inflict their will upon society. Protected by the blue wall of silence. The police see it as "us versus them" and the public is starting to. Since we can go no justice from the criminal courts when a cop is the bad guy, then lawsuit is the last opportunity to get some justice.

Major Nikon

(36,827 posts)
3. I don't believe it's something we lost
Mon Apr 28, 2014, 12:16 AM
Apr 2014

I don't believe it ever existed as anything more than a myth. My grandfather was a cop back in the 30's and the stories he told weren't all that much different than what we see today. The difference was there just weren't as many cops so it didn't happen as often, and the general attitude back then was that if you got your brains bashed out by the cops, you probably deserved it.

JoeyT

(6,785 posts)
11. The main difference is now there is frequently proof
Mon Apr 28, 2014, 01:01 PM
Apr 2014

when the cops are lying. That's why we're hearing about it more. Seventy years ago, "Guy gets the shit kicked out of him by cops, cops say he deserved it." was the whole story. Now the story is "Guy gets the shit kicked out of him by cops, cops say he deserved it, Youtube video surfaces that proves they were lying.".

 

Savannahmann

(3,891 posts)
12. And a vast majority of the time
Mon Apr 28, 2014, 01:07 PM
Apr 2014

The exact same thing happens, the cop is not punished in any way despite the video proof.

Dawson Leery

(19,348 posts)
4. It is unusual for a judge to have the sense to find each
Mon Apr 28, 2014, 12:45 AM
Apr 2014

copper potentially liable for their crimes. It is good to hear though.

 

Jim Lane

(11,175 posts)
13. No, the individual cops' potential liability is clear under the law.
Mon Apr 28, 2014, 02:46 PM
Apr 2014

The OP also errs in this passage:

You can't sue a cop without permission. You have to demonstrate to the Judge that the officer was not acting within the established policies and laws governing his actions.


The suit was brought under a very important statute, 42 U.S.C. § 1983, which allows courts to impose civil liability on government entities (states, municipalities, etc.) and even on individuals who, acting under color of law, deprive a victim of civil rights. Many LEO's and other public employees have been held liable in what are called "1983 actions", although of course the plaintiff still has to persuade a jury to return a favorable verdict.

You don't need permission to sue.

The issue as to the individual officer is not whether he or she was following the employer's established policies, but whether the officer's actions violated the plaintiff's civil rights. If the officer was following policies laid down by, for example, the city's police department, that means only that the city can also be liable. (If a rogue officer departed from policy, the officer is still liable but the city may be off the hook. To hold the government entity in, the plaintiff must show either that the officer's actions were pursuant to an official policy or that, regardless of what the policy says, there was a pattern or practice, so that the conduct complained of was not just a one-shot aberration.)

The statute certainly doesn't mean that any innocent person who's arrested has a cause of action. A merely erroneous arrest isn't automatically a violation of one's rights.

The issue in this particular case was that, under certain circumstances, law enforcement officers enjoy a qualified immunity to suit. (The contentions are summarized at the top of page 21 of last week's decision.) The lower court dismissed the case, partly on that basis, but the appellate court reversed.

I go into all this detail because section 1983 has been very important in reforming police practices around the country. It's no panacea but it shouldn't be lightly disregarded.
 

Savannahmann

(3,891 posts)
14. Thank you for clarifying this
Mon Apr 28, 2014, 02:50 PM
Apr 2014

I do not pretend to be a lawyer, nor an expert on the law. I readily admit my own understanding is wanting at best. Thanks again.

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