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For those that have been families victimized by the lethal use of force
by cops, I recommend that you seek a good attorney. Proceed with the assumption that the police,
the city and state will cover up their crime(s).
For those of you that have had someone video tape the police
in the act of assault and battery against your person, then I also recommend
that you seek an expert in the field.
You may be able to get a settlement.
For the rest of you victims, I also recommend first seeking
a legal expert.
If you’ve had ten expert lawyers tell you that they cannot
win a settlement on your behalf, then there are several other things you can
do.
The best way to attack the police is to attack their
dog. The real force behind the police
is their prosecutor. Attack him with
gusto, especially if he filed exaggerated charges against you.
Visit the site of the Board of Bar Overseers of the Supreme Judicial Court:
http://www.mass.gov/obcbbo/board.htm
See the Massachusetts rules of professional conduct:
at the following site:
http://www.mass.gov/obcbbo/rpcnet.htm
Rule 8.4 seems particularly attractive for frivolous
criminal complaints intended primarily to keep a victim of police brutality
from filing suit.
File the complaint in writing at this address:
Office of the Bar Counsel
99 High Street
Boston, Massachusetts 02110
(617) 728-8750
See also the links to
HALT and Copwatch.com on this site.
Suing
the police from Amnesty International
http://web.amnesty.org/library/Index/engAMR510361996#FPF
5. 9 Federal prosecutions
for police misconduct
The US Justice Department or local federal
prosecutors (US Attorneys), may also bring federal criminal civil rights
charges against state officials who violate the constitutional rights of others
while acting under color of law (While
acting in their official capacity.) (section
242 of Title 18 of the U.S.Code). Officials from the US Attorneys Office for
the Southern District of New York told Amnesty International that they file
between two and five civil rights cases a year against New York state
officials. US Attorneys had cooperated with some of the investigations into
police corruption in New York City and several prosecutions had taken place in
the federal courts (for violations, for example, related to thefts of money
during illegal searches and seizure). However, federal attorneys said it was
difficult to get a conviction for excessive force where police officers were
acting in the course of their duty. They had prosecuted a state police
brutality case in Yonkers (New York State) in 1993, where one of the victims
had sustained a serious injury, but the officer defendants were acquitted. (The
US attorneys said that they usually asked for a jury trial in such cases as the
verdict was less assailable.)
Under federal criminal civil rights
statutes the prosecution must prove that the accused had acted with specific
intent to violate the victims federal civil rights. Amnesty International was
told that this sets a very high standard of evidence which can be difficult to
meet. Cases which may involve other offences under state law (e.g. negligent
manslaughter) cannot be pursued under federal criminal civil rights statutes.
It is rare for the federal authorities to
prosecute a police officer who has been acquitted in a state court. The US
attorneys said that they rarely prosecute state police shooting cases which are
already routinely presented to grand juries by the state district attorneys.
However, at the time of writing the Justice Department was investigating one
NYC police shooting case where a state grand jury had earlier failed to return
an indictment (see Rosario/Vega case above).
back to the top
5. 10 Civil actions
The most common remedy in cases of alleged
abuses by law enforcement officials is for the victim to bring a civil lawsuit
for damages against the officer and/or authority responsible.
More than 3,000 lawsuits were filed
against New York City from 1992 to 1995, most alleging brutality or excessive
force. In the past five years the city has paid out damages for police
misconduct in some 300-400 cases a year, usually as a result of out-of-court
settlements agreed by the City Counsel. (More than $82m was paid in damages to
alleged victims of police misconduct in 1,352 cases between 1992 and 1995.)
Unlike criminal cases, where juries must
find evidence of misconduct beyond a reasonable doubt, damages in a civil trial
may be awarded based on a preponderance of the evidence. The City does not
admit liability in cases which are settled out-of court and officials have said
that such cases do not prove misconduct but that many are settled simply to
avoid the further costs involved in defending them. However, settlements -
which are usually arranged through a judge and are therefore subjected to
impartial scrutiny - are most likely to be reached in cases where there are
injuries consistent with the claim made or some other corroborative evidence.
Amnesty International therefore considers that, taken as a whole, they are
important indicators of police abuse.
Civil lawsuits provide only a limited
remedy for police misconduct, especially where there are allegations of
widespread or systematic abuse. As with complaints filed to the CCRB, the onus
is on the victim to initiate a lawsuit, whereas international standards require
a prompt and impartial investigation wherever there is reasonable ground to
believe that an act of torture or ill-treatment has been committed (Articles 12
and 16 of the Convention Against Torture). Although there may be a remedy for
the individual in the form of compensatory damages this may not prevent similar
abuses from occurring in the future or an underlying pattern of abuse. Amnesty
International was told that in many cases victims of police brutality do not
file civil actions because there is no independent evidence or their injuries
are too minor to be worth the costs of litigation. Also, although a court or
jury may impose damages against individual police officers, the city may
indemnify the officer against payment of such damages. The majority of cases
are resolved by settlement, where payment is made only by the city, not by the
individual officers.
California
Lawsuits
http://www.geocities.com/CapitolHill/Parliament/2398/police_lawsuits.htm
Riders' Cop Case Settlement Will Cost $10.9 Million
POSTED: 6:05 a.m. PST February 19, 2003
UPDATED: 1:41 p.m. PST February 20, 2003
OAKLAND, Calif. -- City officials have agreed to pay nearly $11 million and
implement police reforms to settle civil rights lawsuits brought by more than
100 people who claimed they were victimized by a group of rogue police officers
known as The Riders. While some reforms were in place before The Riders scandal
broke, Oakland Police Chief Richard Word said Wednesday the policies will
strengthen the department's supervision, training and internal affairs.
CIVIL ACTIONS BY VICTIMS OF POLICE MISCONDUCT
The Commission has concluded in various reports that civil lawsuits against individual
police officers may help deter police misconduct.[3] While there are several
avenues one may pursue when using civil lawsuits as a remedy, state and federal
law limit the effectiveness of this remedy.[4]
http://www.theppsc.org/Archives/Liability/General.Perspectives/USCRC-Who_Is_Guarding_The_Guardians/Chapter-Five.htm
Civil Remedies under State Law
The most common avenue of redress available to victims of police abuse is
initiating a civil action for damages under state law.[5] Police misconduct may
constitute a tort for which a victim may sue for damages. In general, these
lawsuits involve allegations of false arrest, false imprisonment, malicious
prosecution, assault, battery, or wrongful death.[6] As pointed out in
Guardians, there are advantages and disadvantages to the victim when filing a
state civil lawsuit. Advantages include a lower burden of proof than required
in a criminal case, the fact that the victim may personally initiate the
action, and the possibility of direct compensation to the victim.[7]
Disadvantages include costly and time-consuming litigation and the fact that
police officers ultimately may be judgment-proof and protected by sovereign
immunity.[8] Even in cases where the victims of police misconduct are
successful in their lawsuits, they rarely work to hold police departments or
individual officers accountable for their actions.[9]
Civil Remedies under Federal Law
Most civil actions against police officers for misconduct are filed under 42
U.S.C. § 1983.[10] However, it is difficult to succeed in § 1983 claims against
police officers, and the successes in § 1983 claims do not necessarily result
in changes in police practices.[11] Further, judicially imposed barriers limit
the value of remedies under § 1983. One barrier is the doctrine of immunity
that protects individual police officers from lawsuits.[12] As Robert Louden
and Hubert Williams discussed at the Commission’s June 2000 briefing on
national police practices and civil rights, defendant officers are usually
indemnified by the municipalities or unions if an alleged misconduct is within
the line of duty.[13] Therefore, there is no real incentive for police officers
to change their practices to ensure that individual rights are protected. In
Guardians, the Commission argued that § 1983 claims have not been effective in
deterring police misconduct[14] and without much change in police practices, §
1983 continues to be ineffective in deterring police misconduct.
http://www.legalcasedocs.com/120/250/059.html
ERNEST WILLIAMS v CITY OF
PITTSBURGH
Keywords & Phrases
CaseNo: EWVCOP192809,
Plaintiff: ERNEST WILLIAMS, State: PA Pennsylvania, UniqueCaseRef:
LCD>EWVCOP192809, CourtName: ON APRIL 16, 1997, THIS COURT ENTERED A CONSENT
DECREE BETWEEN THE UNITED STATES AND, Police, City, Pittsburgh, Officers, Troy
Wilson, Grinage, Consent Decree, Misconduct, United States, Williams,
Complaint, Police Officers, Omi, Thomas, Neidig, John, Doe, Car, Jones,
Pennsylvania, Amici, Discipline, Pbp, African-american, Excessive Force,
Paragraph, Investigations, Bryant, Charles, Law Enforcement Officers,
Compliance, Provisions, Rights, Constitution, Constitutional Rights, Decree,
Complaints, Senior Supervisors, Reports, John Immekus, Civil, Larnell Bulls,
Civil Rights, Aclu , ContentID: 120250059
http://www.law.sc.edu/linnan/spell.htm
SPELL v.
MCDANIEL, 824 F.2d 1380 (4th Cir. 1986)
PHILLIPS, Circuit Judge:
This is a 42 U.S.C. § 1983 action in which after two trials Henry Spell was
awarded substantial damages against the City of Fayetteville, North Carolina
(the City), and Charles McDaniel, a City police officer, as a result of
physical injury inflicted on Spell by McDaniel while Spell was in McDaniel's
custody following Spell's arrest. McDaniel and the City have appealed,
assigning various trial rulings as error and challenging as unreasonable the
amount of attorney fees awarded to Spell as prevailing party.
We find no reversible error in the trials and therefore affirm the judgment
on the merits against McDaniel and the City. Except for its inclusion of a
"contingency multiplier," we also affirm the district court's award
of attorney fees.
Officer
Counter Sues to No Avail
http://www.law.com/regionals/ca/opinions/nov/e029822.shtml
http://www.casp.net/gritch1a.html
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