Tag Archives: police

$1.5 Million to Family of Biker Slain by Drunk Policeman

Motorcycle

In Indianapolis’s second-largest legal settlement to date, the family of Eric Wells, a motorcyclist killed by a speeding police car two years ago, has received $1.5 million from the municipal government.  While stopped at a red light with some other motorcycle enthusiasts, Wells was struck from behind and killed by a policeman driving a city police vehicle.  Officer David Bisard’s actions at the time of the crash are a triumvirate of dangerous driving practices: he was drunk (technically only allegedly — see suspicious circumstances below), he was speeding towards a non-emergency he was not dispatched to, and to top it all off, he was using his in-car police computer for non-police purposes while driving.  Any one of those details on their own would be enough for a hefty civil case.  Combined, it seems to any observer that the man is justly doomed to a life in jail.  In fact, a criminal trial for reckless homicide and criminal recklessness are still pending, along with two more civil cases for the two motorcyclists he only injured.  So what’s the hold up?

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The Lesser-Known UC Davis Settlement

Justice

The news in the past couple of days has been awash with the announcement of the California Supreme Court task force’s report on the infamous UC Davis pepper spraying incident.  The report had been delayed by lawsuits citing privacy and safety concerns for the police officers involved, but was finally release yesterday after a settlement allowed its publication sans said officers names.  The Chicago Tribune offers a good summary of the 190-page report, but I’ll do you one better:  the pepper spray attack was a joint effort between UC Davis’s moronic decision making and overzealous policemen.

While this was happening, though, a smaller settlement was announced that seems to have slipped through the cracks of mainstream news.

Read on to find out more about this quiet settlement

Police Misconduct Costs Beloit $265,000

Caution

Beloit, Wisconsin will have to pay $265,000 to a teenager who was illegally strip-searched in public by a police officer.  Conner Poff was sitting in his car with some friends when the police received an anonymous tip alleging “drug activity”.  Officer Kerry Daugherty approached the car, asked Poff to step out, and patted him down.  Up to this point, Daugherty followed standard and necessary procedure.  However, the policeman detected a bulge in the teenagers pants in the region of his crotch and, apparently not being too current with his studies of anatomy, asked the boy what that mysterious bulge could be.  Poff replied that it was in fact his genitals, at which point the incredulous officer told the teenager to “show him”.  When Poff complied, he was slammed against the car’s back windshield so hard that the windshield shattered and he suffered a mild concussion.  In the course of the scuffle, Daugherty “discovered” a small bag of marijuana in the boy’s underwear.  The police officer’s defense for his violent and unjustifiable strip search?  He wanted the 16-year-old to show him the marijuana, which was clearly too small to detect in plain sight, and “not his genitals”.  Well Mr. Daugherty, if you didn’t want to ogle the kid’s junk, you probably shouldn’t have asked to ogle the kid’s junk.

Poff filed suit shortly thereafter, alleging that his Fourth Amendment rights were violated.  Instead of going in front of a jury, which I can only assume would decide in Poff’s favor, the city agreed to a $265,000 settlement.  Daugherty was not disciplined.  So, the one disadvantage of the settlement system once again comes to light: the victims of injustice get some money, but the perpetrators are not punished and can say they’ve done nothing wrong.  However, Milwaukee County is undertaking an investigation in the strip search practices of its police departments thanks to some of Daugherty’s comments, which suggested that his actions were part of the department’s standard modus operandi.

The ultimate moral to take away from this story, then, is to remember to tighten your belt when dealing with police in Wisconsin.

 

Videotaping Police: Dangerous, Lucrative, and Constitutionally Protected

Caught on camera

Two court settlements have come down this week that shine light on the increasingly-common practice of videotaping police officers.  In Las Vegas, Mitchell Crooks was beaten  up by a police officer while videotaping a burglary investigation across the street from his house.  In Boston, attorney Simon Glik was arrested and prosecuted under wiretapping laws for using his cell phone to record an arrest of another man.  All charges were dropped in both cases, but both men also sued for violations to their civil rights.  In both cases, they reached a settlement before going to court for a judgement, with Crooks receiving $100,000 and Glik receiving $170,000.  Nearly 6 months ago, Glik’s case even went to the 1st Circuit Appeals Court, where they upheld the rights of citizens to record public police action in a landmark, often-cited decision.

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Two Recent Negligence Settlements from Public Service Mistakes

Justice

Everyone makes mistakes, even those whose sworn mission is to protect and serve or to do no harm.  Two settlements were announced this week that demonstrate exactly that.  In Brooklyn, New York, a woman whose doctors’ negligence resulted in the amputation of her arms and legs was awarded $17.1 million.  In Tallahassee, Florida, the negligence of the police concerning a woman who was murdered during a botched drug sting operation led to a $2.4 million settlement for her family.  In both these cases, the professionals in charge, the ones whose judgement is awarded a certain amount of trust, made bad decisions that led to unfortunate consequences.  Everyone makes mistakes, but the law in general isn’t there to prevent that.  Rather, the law and the court system are intended to pursue justice among an otherwise ambivalent world.  And so, the silver lining: in Florida, a new regulation, called “Rachel’s Law” after the woman in question, was enacted to train policemen better and set up new guidelines in the use of criminal informants.

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