Series: Lawsuits Against LEOs-Why Do People File Lawsuits?

Okay, Okay. You probably think you know the answer to this one: MONEY! However, that is not always the case. People file lawsuits for many reasons. For instance, I defend a lot of suits by inmates. In many of those cases, they have little else to do! While some people file lawsuits with the hope of compensation, some are looking for answers.

Readers of this blog comprise LEOs at every level of city, county, state and federal government so you are no stangers to lawsuits. In fact, you probably personally know a LEO who has been sued. Maybe you have been sued. In order to understand why people sue LEOs, you must first acknowledge our role in society.

LEOs deal with a varied and somewhat strange sample of society. We bring EMS to the scene and render first aid to the homeless guy who people stepped over for hours and arrest the millionaire for DUI. We respond to domestic disputes, look for lost children and seize the assets of criminals or every sort. In short, we see people at their worst or under the worst circumstances. When LEOs show up, people are generally not happy. When they look back upon those interactions, their perceptions are distorted, they often have unresoved issues and they associate the negative effects of those episodes with LEOs. This explains why the lawsuit often has little to do with the facts and the statements of the plaintiffs who sue often do not match the official LEO report.

Make no mistake: some people sue for money in the hopes of a quick settlement. Some people sue because they truly believe they were harmed. Others sue to change “the system.” Still others sue to find out more about the event that led to an outcome they neither predicted nor intended.

The varied reasons for filing lawsuits should tell you something: most people will not dismiss their lawsuits voluntarily. You should not expect them to go away without a fight. They usually believe they are right and the law requires that they sign their lawsuit to attest to their good faith belief in the allegations. However, as I stated above, they can be wrong for a bunch of reasons.

While knowing why someone sued you will not make it easier to be served, hire an attorney or litigate the case, it may help you prevent the suit before they file. Write clear and detailed reports, go the extra steps to preserve video and other evidence of your actions and do not hesitate to meet with people who want answers after an event. In my experience, the people who are looking for answers make the toughest plaintiffs.

In the next post, we will explore what people seek in lawsuits. Sometimes they want injunctions, sometimes they want money and sometimes they want blood… and the turnip!

Stay safe.

Series: Lawsuits Against LEOs-Introduction

This will be a series of posts devoted to the legal process surrounding a suit against a LEO. My goal is to shed some light on issues such as why people sue LEOs, what can someone get in a lawsuit against a LEO, what can the LEO do to protect her assets, who defends the LEO and many other questions that LEOs have.

I will work to post the series consecutively. However, I may interrupt the series to post an article that is more timely or based upon a request from a follower. My goal is to help LEOs understand the process without going through a lawsuit. I wil not attempt to scare anyone like so many academy instructors. Trust me, the lawsuit will be scary enough!

Who are you going to call?

Well, I remained quiet as long as I could. I’ve watched and listened for months as the media debated the pros and cons of what they called, “The Arizona Law.” By the way, the law is officially known as “Arizona Revised Statute § 11-1051 Cooperation and assistance in enforcement of immigration laws; indemnification” or the “Support Our Law Enforcement and Safe Neighborhoods Act.” I attached a copy to this blog post for you to read. Download AZ Statute 11-1051-2010 Immigration Law When you do, you will accomplish something the vast majority of commentators seem to be unable, or unwilling, to do.

Now, whether or not you support the law, any LEO should be riled up about the opinions being passed off as expert commentary. It amazes me how people can openly state that the law should be struck down “because law enforcement officers will use it to profile people and make illegal stops” or something similar. So, given this commentary, I thought I would pass along my own opinions on these “expert opinions.”

The law specifically prohibits LEOs from “profiling” and limits inquiries into immigration status to those situations involving “any lawful stop, detention or arrest” and “where reasonable suspicion exists that the person is an alien and is unlawfully present in the United States.” However, commentators insist on slandering LEO in Arizona. What concerns me is that they do so with relative impunity.

The men and women of law enforcement in Arizona deserve better treatment. They deserve better respect. The LEOs in Arizona are no different from their counterparts in any other state in the United States. They go to work every day, put their lives in jeopardy and uphold the oath they took to enforce the “Constitution of the United States and the Constitution and laws of the State of Arizona.” I believe such attacks upon Arizona LEOs are attacks and indictments upon every LEO. Therefore, I want to post these “suggestions” from me as an “expert commentator” for all those who accuse Arizona LEO of improper conduct even before the law is enforced.

 If you believe that LEOs in Arizona will violate the constitutional rights of people and violate Arizona Revised Statute § 11-1051, whether or not you have stated your opinion publicly, please be consistent and abide by the following rules. After all, if you believe Arizona LEOs will not protect the constitutional rights of citizens and enforce and abide by the laws of Arizona, these rules only make sense.

  1. Do not call 911 if there is an intruder in your home at 3 am;
  2. Do not call 911 if your child is missing;
  3. Do not call 911 to report a burglary at your home;
  4. Do not call 911 to ask the police to protect you from a stalker;
  5. Do not ask the police to interrupt a robbery;
  6. Do not ask the police to respond to your monitored burglar alarm;
  7. Do not call the police to report a car wreck;
  8. Do not ask the police to intervene in your domestic disputes;
  9. Do not look for a police car when your car breaks down on the interstate; and
  10. Do not say you support law enforcement because you don’t.

 While I support freedom of speech, rights come with responsibilities. Words mean something. So if you want to debate the constitutionality of Arizona Revised Statute § 11-1051, the policy behind it or the political ramifications of the statute, I look forward to hearing your thoughts. However, if you want to unfairly criticize the men and women who comprise Arizona’s LEOs, you can expect a response. Do not expect me to be warm and fuzzy.

That’s my opinion. Feel free to comment and share your opinions.

Stay safe.

Judge won’t reconsider testimony in Troy Davis case

By Associated Press

For the AJC

12:53 p.m. Thursday, August 12, 2010SAVANNAH — A federal judge says he won’t reconsider testimony he refused to hear in court in the case of Georgia death row inmate Troy Anthony Davis.

U.S. District Judge William T. Moore Jr. ruled Thursday against a motion by Davis’ attorneys, who argued the judge wrongly rejected a witness who was to testify she heard another man confess to killing a Savannah police officer in 1989.

The judge ruled at a June hearing on Davis’ case that the testimony would be inadmissable hearsay, because Davis’ lawyers failed to call to the witness stand the man they say is the real killer of officer Mark MacPhail.

The U.S. Supreme Court granted Davis the June hearing as a chance to prove his innocence. A final ruling is still pending.

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