Today’s Investigative Special Report July 29, 2012 “Dealing With Today’s Law Enforcement Specialized Investigations” “Police Actions Are Resulting In A Multitude Of Lawsuits”

CHICAGO, IL - MAY 15:  Protestors prepare to m...
CHICAGO, IL - MAY 15: Protestors prepare to march in a rally against police brutality May 15, 2012 in Chicago, Illinois. This was the second day of protests in what is expected to be a full week of demonstrations as the city prepares to host the NATO Summit May 20-21. (Image credit: Getty Images via @daylife)

By Lawrence W. Daly, MSc
Recently, Americans have figured that they have nothing to lose. Conflicts which have occurred over the past six months have brought about a multitude of law suits being filed specifically against those who have deep pockets. The problem is those being sued are generally government officials or agencies. The problem with these lawsuits is if those filing these lawsuits are victorious the deep pockets is you, Joe Citizen. Somehow the consumer pays for the lawsuits either by higher taxes or higher costs to purchase a product.
Before his body was placed to rest, the mother of Manuel Diaz had filed a law suit into federal court, seeking $50 million. The violence in the streets had escalated over the past week since the shooting of Diaz. Genevieve Huizar, the mother of Diaz asked both sides to stop the violence, that it was wrong.
The same occurred in the aftermath of the shootings at the 16 Century Theatre in Aurora, Colorado. According to TMZ.com, a man in the Aurora Colorado Theater when a shooter opened fire, killing 12, and injuring 59, hired a Beverly Hills attorney to file the first lawsuit from the Friday shooting spree.  Again, this lawsuit was filed before those who were killed were laid to rest.
In Chicago, two lawsuits were settled involving the torturing of Michael Tillman who 23 years ago confessed to a murder he didn’t commit. He is to receive $5 million dollars. Further, David Fautleroy who spent 25 years in prison for a double murder he didn’t commit received 1.8 million.
The law firm of Saiontz & Kirk have a website www.YouHaveALawyer.com advertise that they deal with lawsuits for catastrophic injury from police conduct. Their advertisement states they review cases involving:
·         Police Brutality or Excessive Use of Force
·         Inappropriate or Excessive Use of a Taser Gun
·         Wrongful Police Shooting
·         False Arrest
·         Other Police Negligence
Saiontz & Kirk, P.A. – YouHaveALawyer.com
Saiontz & Kirk have been busy as of late with all of the conflicts occurring in several of the major cities who have had demonstrations. The “Occupied” movement has been a resource for law firms who file law suits for police brutality.
With the new Arizona controvehttp://www.youhavealawyer.com/rsial 2010 immigration law, opponents of SB1070 are preparing for court cases to deal with what they are calling racial profiling matters. The opponents of the law argue that the provision of the law that requires police to check the immigration status of people they stop for other reasons.
Law enforcement has geared up to combat the opponents of SB1070 by following the law. With the Supreme Court keeping some of the law in place, police chiefs and sheriffs across Arizona are monitoring the actions of their officers and await the legal challenges of the law.
Law enforcement isn’t the only group being sued. In Chicago the police departments have been using lawsuits to keep gangs apart. Put into effect in 2009 Elgin Police Chief Jeffrey Swoboda credited several lawsuits filed against dozens of gang members in 2010 as one reason gang crime is down. The lawsuits resulted in injunctions preventing gang members from congregating or associating with each other, this according to reporter Dana Kozlov of CBS Local (2012, June).
The utilization of the law has always been available to both sides of enforcing compliance with the Constitution. The difference in how the law is being applied by the prosecution and defense deals with the ability to obtain information from other jurisdictions which are dealing with the same problems.
Important Lawsuit Reform for Texans
Important Lawsuit Reform for Texans (Photo credit: Texas Governor Rick Perry)
Due to the advancement of the media, social networking, and other instant communication tools, what happens in New York is being heard in California five minutes after it occurs. Law enforcement can prepare for the backlash of a shooting of an individual such as what is happening in Chicago if there is an affiliation in Los Angeles.
Standards for law enforcement vary from state to state and department to department. In the state of Florida the Law Enforcement Officer Ethical Standards of Conduct are extensive and the purpose, policy, scope, rationale, and rules are easy to follow.
Where the problem arises is with the application of these standards. The majority of training and education at the law enforcement academies deal with situational aspects of the job. Law enforcement officers expend an astronomical amount of time learning how to do the right thing under specific circumstances.
These training and education programs will not cover every situation a law enforcement officer will encounter. Some of the major training and education should trickle down to assist officers with minor incidences.
These standards of conduct will be the area lawyers who file law suits against law enforcement officials will review. If the officer who allegedly violated his position as a law enforcement officer, then he/she must have violated the law and the standard of conduct.
English: Placard protesting police brutality a...
English: Placard protesting police brutality at a Shell to Sea protest, Bellanaboy, September 2007 (Photo credit: Wikipedia)
Tensions amongst law enforcement and specific communities are at an all-time high. Specialized groups who believe they have a message for community leaders, individuals, or organizations, have turned to destroying property and assaulting law enforcement officials with rocks, bottles, objects, and so forth.
The physical attacks by these specialized groups are becoming violent and aggressive towards law enforcement officials. Steps need to be taken to deal with individuals who violate the law. If these individuals wish to file some form of law suit at a later date, than this is their Constitutional right. However, the role of the law enforcement official is to protect and serve the public.
Specialized groups can’t be allowed to violate the law, destroy and damage  property, and assault law enforcement officials and innocent bystanders. There must be consequences for the illegal, unlawful, and evil actions of individuals who step outside the law.
However, law enforcement officials are given the authority to protect their community. They are not to aimlessly and intentionally harm innocent people who happen to be different than them. Sometimes, bad things happen to good people. It just happens. The question is how much money is a life worth when a well meaning law enforcement officer makes a mistake?

Lawrence W. Daly           
Puyallup, WA

Description: Larry-Daly_01

Lawrence W. Daly
Kent, WA

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