California Police Brutality Lawyer Blog

Last month, a 43-year-old Colton man died after local police allegedly used a taser on him multiple times. Family members of Hutalio Serrano summoned police after they witnessed him pacing across the street from his home. According to relatives, he appeared agitated and was not acting like himself. Police arrived on the scene about 15 minutes later and the matter apparently escalated quickly.

Serrano's daughter Biviana said she witnessed her father on the ground yelling for police to stop as police officers continued to use a taser him. His stepson, Eddie Hernandez, also witnessed Serrano's pleas for officers to stop using the stun gun on him. Another eyewitness, Kelly Martinez, stated he came upon the scene while walking home. According to Martinez, he saw police officers use a taser on Serrano at least four times while Serrano plead for help. He also said he did not believe Serrano posed any threat to police.

Despite that Serrano reportedly never threatened officers on the scene, the Colton Police Department claims Serrano died while resisting arrest. Police also stated Serrano was tasered three times, all of which were necessary to subdue and handcuff the man. According to the Colton Police Department, Serrano was hospitalized as soon as officers realized he was having a medical emergency. Serrano was pronounced dead approximately one hour after the incident with police.

Members of Serrano's family said although police use of force is sometimes necessary, in this case it was excessive. They believe Colton police officers used excessive force on Serrano. The incident is currently under investigation by the San Bernardino County Sheriff's Department.

Police are expected to use force in certain circumstances and officers are granted immunity from liability so long as they are acting in good faith while engaging in their duties. A plaintiff can overcome officer immunity by showing police conduct was out of bounds and excessive. Although there are few restrictions regarding the use of so called non-deadly force such as tasers, rubber bullets, and pepper spray, their use may still be excessive.

Serrano's family may file a civil tort claim against the Colton Police Department. A civil tort claim allows a victim of police violence to seek monetary damages for assault, battery, wrongful death, false arrest, and negligence. Serrano's family may also bring a claim against police for violations of his constitutional rights under Section 42 U.S.C. 1983. In California, a police officer who unnecessarily assaults a citizen may also be subject to criminal charges.

Continue reading "Man Dies After Colton Police Repeatedly Taser Him" »

This week, the San Francisco Chronicle published an article by Ron Cottingham, President of the Peace Officers Research Association of California, addressing recent allegations of police misconduct and abuse committed against Occupy Oakland protesters. Occupy Oakland is a part of the Occupy Wall Street protest movement. The movement began last fall as an attempt to highlight and bring more attention to the vast wealth divide among citizens in the United States. In recent months, Occupy Oakland demonstrators have clashed repeatedly with local police.

In his Open Forum article, Cottingham described his disappointment in the conduct of Oakland police officers and discussed what he argues are acts of senseless violence between police and protesters. According to Cottingham, an Oakland law enforcement officer was recently punished for attempting to conceal his name badge using tape while responding to an Occupy Oakland protest. Although his superior officer removed the tape prior to his arrival on the scene, a federal judge is weighing whether to sanction the officer.

Cottingham, a peace officer for almost 40 years, stated he has been tasked with maintaining safety during a variety of protests throughout his tenure. According to Cottingham, maintaining safety is the chief goal of any police presence during a protest. Cottingham also argued the rights of protesters should always be both respected and protected by police.

Despite his belief in the rights of protesters, Cottingham condemned the actions of hackers who publicly posted the names, telephone numbers, addresses, and even social security numbers of some police officers online. According to Cottingham, in a time when everything is photographed, videotaped, and immediately posted online, law enforcement officers are experiencing a new level of vulnerability. In his article, he discussed his belief that some Occupy Oakland protesters are not actually seeking to find solutions or be heard, but are instead seeking to widen the divide between police officers and demonstrators.

Cottingham closed his article by cautioning against further anger and violence. He stated that all citizens have the right to make their voices heard through protest and engage in honest discourse. Cottingham also argued this cannot always be accomplished without a certain degree of chaos. Finally, despite calling for more accountability on both sides, he stated "an officer's badge should not be used as the next calling card for an act that is criminal."

Continue reading "Peace Officers Research Association President Calls for More Accountability Over Occupy Oakland Violence" »

More than 400 Occupy Oakland demonstrators were taken into custody this weekend in one of the largest mass arrests since the Occupy Wall Street movement began last fall. On Saturday, police officers dressed in riot gear fired tear gas, smoke grenades, and bean bags at protesters as they attempted to occupy the abandoned Henry Kaiser Convention Center in downtown Oakland. Three members of the Oakland police force and at least one protester were reportedly injured during the exchange.

The Occupy Wall Street movement began in New York City last fall in an effort to showcase the vast wealth divide currently in existence in the United States. The movement quickly spread to several cities across the nation. Despite that many of the largely peaceful Occupy protests lost momentum after demonstrator encampments were forcibly emptied by local police, Occupy Oakland has seen increased activity and violence.

More than 1,000 Occupy Oakland demonstrators assembled outside of City Hall Saturday afternoon before marching through the streets to the vacant convention center. Oakland police allege a dispersal order was issued before officers took action against demonstrators who purportedly forced their way into City Hall, removed fencing, and burned American flags taken from the building. Demonstrators allege the day began as a calm act of civil disobedience which escalated only after police began using force on protesters.

Occupy Oakland protesters have accused the Oakland police Department of using unnecessarily heavy-handed tactics and overreacting to largely peaceful demonstrations. City officials claims "extremists" are using the city as a playground to advance the Occupy movement. The police department has stated officers responded with force on Saturday only after being attacked with a variety of items including bottles, metal pipes, rocks, and burning flares.

Oakland was not the only city to witness Occupy tensions this weekend. Police also allegedly clashed with protesters in Brooklyn on Saturday evening. Four demonstrators were charged with inciting a riot and other crimes. Meanwhile, in Washington, D.C. the National Park Service has threatened to remove protesters from two parks in which they have been camped out since October before the month of January ends.

Continue reading "More Than 400 Occupy Oakland Demonstrators Arrested " »

Student protesters angry over a feared tuition and fees hike disrupted a University of California (UC) Board of Regents meeting in Riverside on Thursday. Although a raise in tuition was not on the agenda, 18 students caused the meeting to stop for nearly an hour by linking arms and staging a peaceful sit in demonstration. Once the meeting resumed, public access was limited while protesters gathered outside the building.

Outside, police purportedly ordered a crowd of demonstrators to disperse multiple times after several entrances to the UC Regents meeting were blocked. More than 300 student protesters used metal barricades and their own bodies to block a campus roadway. Some demonstrators are alleged to have climbed on top of vehicles to prevent them from moving. After nearly an hour, University officials were eventually escorted off of campus by police.

105 University of California police officers were on campus when the two-day Regents meeting began. By the second day, campus police requested additional assistance from local law enforcement. A total of 90 supplemental police officers from both the Riverside County Sheriff's Office and the Riverside Police Department were deployed in response to demonstrations.

University police dressed in riot gear reportedly used batons on multiple demonstrators throughout the protest in response to supposed violent action. Campus police also fired hard plastic pellets similar to those used in a paintball gun at demonstrators who allegedly attempted to break through police lines. According to the Riverside campus Chief of Police, Mike Lane, officers fired on protesters out of fear a metal barricade moving through the crowd would be used as a weapon. He also claims that was the only instance in which the pellets were used. Lane later issued a public statement proclaiming he was proud of how law enforcement officers conducted themselves as they protected both students and UC Regents.

Remarkably, UC Riverside Chancellor Timothy White stated in a letter to the campus he is thankful for the restraint shown by police as well as students. His letter was delivered with such a message despite that the University of California Police Department is currently attempting to identify anyone injured by police violence.

Continue reading "UC Riverside Police Use Batons, Fire Plastic Pellets at Student Protestors" »

The Federal Bureau of Investigation is currently reviewing allegations that sheriff's deputies at the Los Angeles County Men's Central Jail beat, used pepper spray on, and handcuffed a man while he visited his incarcerated brother. Gabriel Carrillo claims he suffered bruises and cuts at the hands of sheriff's deputies after an uncalled for attack on February 26, 2011.

The deputies involved claim they detained Carrillo for possession of a mobile telephone and used force on him after he assaulted them. They also claimed only one of Carrillo's wrists was handcuffed despite that he was bruised on both. Immediately after the incident, the Los Angeles County District Attorney's Office charged Carrillo with resisting sheriff's deputies, attempting to escape arrest, battery, and bringing a prohibited cellular telephone into the jail. A local judge declared Carrillo's initial arrest unlawful and dismissed the cell phone count because, although Carrillo may have violated the department's rules, he failed to break the law. The judge allowed the remaining charges to stand, however. Prosecutors later dropped the entire case against Carrillo.

Another jail visitor alleges that, although shouting and noise erupted from the room to which sheriff's deputies took Carrillo, the noise ceased several times when deputies entered the room. According to Carrillo's attorney, this shows deputies had control of the situation yet continued to use force on the man. He also stated federal investigators asked to interview Carrillo in connection with his deputy misconduct allegations, but have not yet done so.

Although the FBI declined to comment on Carrillo's case specifically, a spokeswoman has stated an investigation into the jail system is ongoing. In fact, the FBI is investigating several instances of alleged deputy abuse and other misconduct at the Los Angeles County jails, including a deputy who sneaked a mobile telephone to an inmate who was also an informant.

According to Michael Gennaco, the man in charge of the department's watchdog agency, a criminal investigation is currently underway in response to public concerns over jail conditions. He also stated this incident, coupled with another similar incident, led to the recent installation of video surveillance equipment in the jail's visiting area.

Continue reading "L.A. County Sheriff's Deputies Investigated for Allegedly Beating a Jail Visitor" »

Six Occupy Wall Street protesters were arrested by police officers outfitted in riot helmets and other gear in Oakland on Saturday night. The protesters were taken into custody during a march organized to protest alleged police abuse and mistreatment of Occupy demonstrators on October 25, 2011. Protest organizers claim the march was created to draw attention to police abuse, oppression, and harassment against Occupy Wall Street protesters in the city.

Saturday's march began outside of Oakland's City Hall building and was slated to end at the Oakland Police Department. According to reports, rows of officers in riot gear blocked the route to the police station and stopped demonstrators from continuing the march. At that point, the previously peaceful protest reportedly began to change as demonstrators allegedly lit a bonfire, committed vandalism, and threw bottles at police.

Oakland police purportedly chased some demonstrators down the street before making arrests. Other protesters were reportedly corralled on the street by officers who then declared an unlawful assembly. After that, the remaining demonstrators dispersed. Occupy Oakland protesters claim police officers failed to issue a dispersal order prior to chasing down and allegedly beating some demonstrators.

According to an Oakland Police Department spokesperson, the six arrests made by police on Saturday were for alleged officer assault, resisting arrest, vandalism, and possession of an explosive device. Meanwhile, organizers claim those arrested were merely sitting peacefully in a public space.

Oakland police have engaged in confrontations with Occupy Wall Street demonstrators repeatedly over the past week. Last Wednesday, 12 protesters were arrested at almost midnight outside of the Oakland City Hall on suspicion of resisting police officers. On Thursday, two demonstrators were arrested and the doors to City Hall were locked by police in a purported effort to keep protesters from entering the building to speak with the Mayor. On Friday, 13 additional protesters were arrested after they failed comply with the Oakland Police Chief's order to disperse.

Continue reading "Six Occupy Oakland Protesters Arrested During March to Highlight Police Abuse" »

A federal jury determined last week the City of Fresno is liable in the death of a man shot and killed by police in October 2009. The eight person jury stated Fresno police officer Mike Palomino used excessive and unreasonable force when he shot 32-year-old Steven Vargas, but cleared Fresno Police Chief Jeff Dyer of any wrongdoing. Vargas was shot by Palomino eight times while he was seated inside of a sport utility vehicle he had just crashed into a parked van. At the time of the shooting, Vargas was purportedly high on drugs and but completely unarmed. Palomino claims he shot Vargas because he believed he was reaching for a weapon.

According to officer Palomino, after Vargas crashed his vehicle he continued hit the gas pedal and ram it into the parked van. A witness at the scene of the accident allegedly flagged the officer down and told him Vargas was armed with a gun. Palomino claimed he shot Vargas when he reached down towards the floor to retrieve what he believed to be a firearm. Vargas' family disputed this account of events based on the locations in which Palomino's bullets struck his body.

During trial, Vargas' family argued his death was part of a larger pattern of police shootings and stated the city ought to require additional training and discipline police officers involved in the shooting of an unarmed suspect. Although police Chief Dyer agreed there was a need for added police officer training to maintain the safety of both officers and the general public, he disagreed that a pattern of unjustified shootings by Fresno police existed. According to an attorney for Vargas' family, the jury unanimously determined police training issues existed within the city's police department.

After two days of deliberations, the federal jury was not able to reach a conclusion regarding a wrongful death claim filed by Vargas' family against the City of Fresno, the police chief, and the officer. Presiding Judge Anthony Ishii instructed jurors in the U.S. District Court trial to return on January 18th to determine a damages award. There is a possibility the city will negotiate a settlement with Vargas' family in the meantime.

Continue reading "Federal Jury Finds Fresno Police Sgt. Used Excessive Force in Shooting Death of Unarmed Man" »

Outrage over alleged abuses of Occupy Wall Street protesters by police officers has inspired artists to act. 46 artists contributed 48 pages of black and white images to collectively publish the Police Brutality Coloring Book. Joe "Heaps" Nelson created the book after an acquaintance, Chelsea Elliott, was filmed being penned in and pepper sprayed by New York police officers during an Occupy Wall Street march through Union Square in September. Nelson stated he was always sympathetic to the movement, but police misconduct across the nation sparked his outrage. According to Nelson, video footage of a University of California, Davis police officer pepper spraying seated students made it clear he wanted to become more involved.

Nelson began contacting artists he knew were sympathetic to the Occupy Wall Street movement. Eventually, a network of artists with their own police abuse stories to tell arose. The coloring book took off from there.

The Police Brutality Coloring Book was created to raise awareness regarding police violence against Occupy Wall Street protesters. Shepard Fairey, a graphic designer best known for creating President Obama's "Hope" poster, is another coloring book contributor. He was arrested by police at Occupy protests a total of 16 times. Fairey has stated the group chose to create a coloring book due to the stark contrast of a normally child friendly medium with the seriousness of the subject matter. According to Fairey, the artists chose to select the medium in order to heighten the effect of the artwork and truly showcase the various instances of police brutality against Occupy protesters.

Fairey believes police regularly commit abuses against citizens because they rarely have to answer for it. Because of this, police brutality is becoming increasingly common. He also believes a large part of the problem is a lack of perspective on the part of police.

Victims of police abuse may file a civil tort claim to seek monetary damages for a wrong that is not criminal in nature such as assault, battery, wrongful death, false arrest or negligence. Additionally, Section 42 U.S.C. 1983 allows victims of police brutality to bring a claim against police for constitutional rights violations. Under California law, an officer who unnecessarily uses excessive force on an individual may also be fined, imprisoned or both.

Continue reading "Artists Outraged by Occupy Abuse Publish Police Brutality Coloring Book" »

Despite several recent claims of inmate abuse by Los Angeles County Sheriff's deputies, the department rarely forwards the results of internal misconduct investigations on to the district attorney's office for evaluation and possible criminal prosecution. According to Sheriff Lee Baca, a criminal investigation of police brutality often delays departmental disciplinary measures such as suspension and termination. Violence cases where an officer's use of force was appropriate but excessive are generally only reviewed for discipline. Because of this, prosecutors often never learn of allegations of inmate abuse. The head of Los Angeles County's Office of Independent Review, Michael Gennaco, has stated all investigations into police misconduct which was prolonged or resulted in considerable injuries should be forwarded on to the district attorney's office as a matter of course.

Abuse claims at the jail are nothing new. In fact, a jail reform task force was recently created at least in part due to allegations of prisoner abuse by the department. Three months ago, the Federal Bureau of Investigation began looking into accusations of inmate abuse at the hands of departmental jailers. The United States Attorney's Office has also ordered the department to produce documents related to deputies, jail employees, and any allegations of abuse during the last two years.

Although law enforcement officer disciplinary matters are confidential under California law, a general description of police brutality and misconduct investigations which the department failed to forward on to prosecutors includes:

• A deputy was fired after he allegedly pepper sprayed and punched a prisoner who laid on the floor in the fetal position while others shouted at the deputy to stop.

• A deputy who purportedly grabbed an inmate by the throat, pushed him into a glass window, and knocked him to the ground for smirking at deputies. The deputy was later fired.

• A deputy was fired after he allegedly assaulted an inmate with his elbow repeatedly despite that the inmate was unconscious and bleeding. The inmate suffered brain swelling and required surgery.

• A deputy was suspended after he threw an object at an inmate, pushed him against a wall, and shoved his forearm into the back of the prisoner's head while eight other deputies looked on. No one from the department reported the violence, but video footage of the event was caught on a security camera.

The Sheriff's Department regularly fails to forward allegations of excessive force and abuse by departmental employees to the district attorney's office, but prosecutors also tend to reject those cases which are forwarded due to credibility issues on the part of the prisoner. Last year, however, three deputies were prosecuted and convicted of assault after an inmate suffered a broken cheekbone and other injuries. This ought to occur more often after police misconduct investigations.

Continue reading "Excessive Force Investigations at L.A. County Jail Often Never Shared with District Attorney's Office" »

Last week, twenty-four University of California, Berkeley students and other community members filed a lawsuit against campus officials, campus police, and employees of the Oakland police department and the Alameda County Sheriff's Office over two separate instances of alleged police violence against Occupy Cal demonstrators on November 9th. In its complaint, pro-affirmative action activist group Coalition to Defend Affirmative Action, Integration, and Immigrant Rights and Fight for Equality By Any Means Necessary (BAMN) alleges U.C. Berkeley Chancellor Robert Birgeneau used members of law enforcement to stop demonstrators from voicing disfavor over a plan he put forth to increase tuition and fees.

According to the complaint, members of law enforcement dressed in riot gear tore down tents and beat protesters in order to break up peaceful Occupy Cal Day of Action protests. Police are also alleged to have continued beating protesters as they lay on the ground after their tents were dismantled. At least one plaintiff claims she is still experiencing pain from being beaten with batons. She also stated police violence resulted in fear of further police brutality which prevented students from becoming involved in later protests. The lawsuit seeks unspecified monetary damages for violations of protesters' First, Fourth, and Fourteenth Amendment constitutional rights. Protesters are also asking that any charges against them be dropped and seeking Chancellor Birgeneau's resignation.

The Occupy Wall Street movement has recently been fraught with allegations of police violence, especially on University of California campuses. On the U.C. Berkeley campus, video footage of multiple instances of alleged brutality against demonstrators, including violent behavior in connection with the BAMN lawsuit, was filmed and posted online. Video footage of members of the U.C. Davis police force dressed in full riot gear using pepper spray on peaceful Occupy protesters also made headlines last month.

In November, photos of injured protesters and allegations of police brutality accompanied many news stories about Occupy demonstrations and encampment evictions across the nation. Police violence in response to peaceful protests merely serves as a deterrent to other would be protesters. As one plaintiff in the BAMN lawsuit has alleged, such scare tactics appear to have worked at Occupy Cal. This illegal behavior on the part of law enforcement is not only wholly unwarranted, but also threatens your constitutional rights.

Continue reading "Lawsuit Filed Over Occupy Cal Police Violence" »

Approximately 1,400 police officers removed Occupy Los Angeles protesters from a park near City Hall early this morning. Almost 300 people were arrested for failing to disperse. After officers dismantled the protesters' camp, city employees installed concrete barriers and chain link fences to wall off the park.

Citing health and safety concerns, Los Angeles Mayor Antonio Villaraigosa announced last week all Occupy Los Angeles protesters would be evicted from the park by 12:01 am Monday. The deadline was extended by 48 hours in the hope that protesters would disperse. Police, many dressed in riot gear or biohazard suits, surrounded the park in the early morning hours and began arresting protesters in teams after an unlawful assembly was declared.

Bean bags were fired from shotguns at three protesters who refused to leave a makeshift tree house and officers used a platform lift to remove several men from trees. Los Angeles police officers are accused of tackling and wrestling a man with a camera to the ground on the steps of City Hall and at least one Occupy protester has alleged police beat protesters as they ran away from the encampment.

The Los Angeles eviction was largely non-violent when compared with other Occupy evictions across the country. Earlier this month, police wearing riot gear and wielding batons removed protesters from Occupy Wall Street encampments in New York City. In Oakland, police purportedly beat protesters with batons and put two different Iraq war veterans in the hospital on two separate occasions. One veteran suffered a fractured skull and another was placed in intensive care due to injuries to his spleen. In Seattle, police are alleged to have used pepper spray on a crowd of largely peaceful protesters including a pregnant teenager, a priest, and an 84-year-old woman who was hit in the face.

University police forces are also accused of using violence against Occupy protesters. Video footage shows police at the University of California, Berkeley campus hitting student protesters with batons as they attempted to set up an Occupy encampment. At U.C. Davis, several videos show university police nonchalantly spraying seated protesters in the face with pepper spray. Two officers and the university police chief were placed on paid administrative leave following the U.C. Davis incident.

Police violence and crowd control tactics being used against Occupy protesters across the country are meant to deter protesters from engaging in their constitutional rights. By controlling crowds with violence, police are effectively telling protesters to stay away or you too could be hit with a baton, pepper sprayed in the face or worse. This is an excessive, chilling use of force and it has no place in a free society.

Continue reading "Police Arrest Hundreds as Occupy Los Angeles Camp Evicted" »

University of California, Davis police used pepper spray on students who refused to move during a peaceful protest on campus last Friday. The students were seated on the U.C. Davis quad as part of the Occupy Wall Street movement which has swept across the nation in recent months. University police were on the quad after Chancellor Linda Katehi ordered the removal of tents erected by protesters in violation of university policy. After students refused to move, Officer John Pike began spraying them with pepper spray. Video footage of the incident quickly hit the internet.

According to Chancellor Katehi, police were instructed to remove the tents but not to forcibly remove protesters. She also stated university police were asked not to use force or make arrests. Instead, ten people were arrested and nine students hit with pepper spray were treated by medical staff on the scene. Two others were taken to a local hospital before being released.

Officer Pike allegedly claimed he sprayed students in an effort to make their protest disperse. Tear gas, however, is the generally recognized method for dispersing crowds because it is considered to be a non-debilitating irritant. Unlike tear gas, pepper spray includes a resin which will stick to eyes and other membranes. In fact, it is one of the most painful chemicals a person can come into contact with. Pepper spray causes difficulty breathing and makes it almost impossible to open your eyes. It can also cause permanent damage and even death.

Because pepper spray disorients and debilitates by making it impossible to see or move, it should not be used on peaceful protesters and should only be used to stop an attack. In 2006, Officer Pike was honored for tackling a hospital patient who threatened other officers with a pair of scissors. Ironically, he later stated he chose not to use pepper spray on the patient out of concern it might harm other patients or his fellow officers.

Why would a trained police officer choose to use a potentially harmful weapon to incapacitate protestors if he really only wanted them to move? If the goal of university police was to make the students move, tear gas would have been employed. It appears Officer Pike instead chose to hurt protesters for merely exercising their constitutional rights.

This was a case of university police operating on a university campus in response to a request to remove a few tents erected in the quad. None of the usual excuses for police misconduct were alleged to exist here. Police were not operating in a high crime area. No known gang members were involved. No shots were fired. It appears no one was even yelling at police. None of the officers were in fear for their lives. Video footage of the incident shows Officer Pike nonchalantly spraying students sitting with their heads down then attempting to move several protesters while they were incapacitated. Doing so meant that although incapacitated, protesters could still be charged with resisting arrest. There is simply no place for such abuse in any civilized society.

Following the incident, Pike and two other campus police officers, including the campus police chief, were placed on paid administrative leave and U.C. President Mark G. Yudof ordered a review of all university police training. Unfortunately, the police response to abuses such as this is generally "we are going to do retraining." Is retraining going to stop such misconduct in the future? Would the perpetrator of any other violent assault, such as domestic violence, merely be retrained?

Continue reading "U.C. Davis Police Pepper Spray Peaceful Student Protesters" »

A mentally ill man died Tuesday morning outside of a board-and-care facility in San Bernardino after police allegedly used a taser on him for resisting arrest. 29-year-old Jonathan White died while in police custody after officers responded to a call from the man's mother who told dispatchers White removed his clothes and began yelling uncontrollably. She purportedly warned law enforcement it would take multiple officers to control him.

After an unsuccessful attempt to take White into custody, police reportedly used pepper spray and a taser on the man in a failed effort to subdue him. Police then seemingly continued to struggle with White until more officers arrived. White, who according to his mother suffered from both schizophrenia and bipolar disorder, stopped breathing while in police custody as paramedics evaluated him on the street. He was pronounced dead at St. Benardine Hospital and his death is currently under investigation by the coroner.

According to reports, White was allegedly yelling, throwing items and threatening residents but failed to actually harm anyone. Although his mother told reporters police never struck White, law enforcement officers purportedly used multiple forms of so called non-lethal weaponry on the man instead of waiting for back-up.

Police officers are expected to use force in some circumstances. Police officers are granted qualified immunity from liability so long as they act in good faith while engaging in their duties. Plaintiffs can overcome this presumption, however, by showing an officer's conduct was excessive and out of bounds. In Tennessee v. Garner, the United States Supreme Court restricted police use of deadly force to a limited set of circumstances. Although few restrictions exist with regard to the use of non-deadly force such as tasers, rubber bullets and pepper spray, their use may still be excessive.

Here, White's family may have a civil tort claim against police responding to the call or the city of San Bernardino. A civil tort claim allows victims of police brutality to seek monetary damages for a wrong that is not criminal in nature such as assault, battery, wrongful death, false arrest or negligence. Additionally, White's family may be able to bring a claim against police for violations of his constitutional rights. Section 42 U.S.C. 1983 provides citizens with the ability to sue police officers and other individuals acting under color of law for violating the Fourth Amendment constitutional protection from the use of excessive force. A successful constitutional claim can result in money damages as well.

A police officer who unnecessarily beats or assaults an individual may also subject to state criminal charges. An officer who violates California Penal Code Section 149 may be fined, imprisoned or both.

Continue reading "Mentally Ill Man Dies After Police Use Taser on Him" »

Los Angeles prosecutors have filed charges against a Los Angeles man for murder, their second attempt to secure a conviction. The man's first conviction was overturned by a federal judge in 2010. With the help of Los Angeles criminal attorney Okorie Okorocha, the man is asking the court to dismiss the new indictment and to allow him to move on with his life.

Los Angeles County prosecutors charged Paul Christian Blumberg with murder in 1997 after an investigation by the Los Angeles Police Department's Rampart Division. Based on evidence the Rampart officers blatantly manufactured and the perjury committed by Rampart officers, a jury convicted Blumberg of murder and sentenced him to life imprisonment. Blumberg spent fourteen years in prison.

Blumberg filed a petition for habeas corpus relief in the U.S. District Court for the Central District of California in 2004. He asked the federal court to overturn the state court conviction based on due process violations and other serious irregularities in the evidence presented at his trial. The court found that the prosecution at the murder trial relied on inadmissible and possibly perjured testimony, and that the prosecution committed at least seven violations of the Brady rule. This rule, named for a 1963 U.S. Supreme Court case, states that due process requires prosecutors to provide criminal defendants with exculpatory evidence in prosecutors' possession. Such evidence would allow a defendant to impeach the credibility of prosecution witnesses or challenge other evidence presented by prosecutors.

After a recommendation by a magistrate judge to grant the habeas petition, U.S. District Judge Christina A. Snyder signed a judgment granting Blumberg's petition on February 7, 2010. She ordered Blumberg released from custody, unless a new trial began within ninety days. The prosecutors are still seeking to convict Blumberg who is being defended by Okorie Okorocha.

Blumberg and his attorney argue that this new prosecution cannot proceed because of the manifest injustice, not only to Blumberg himself but to all notions of fairness in the criminal justice system. They have filed several Motions to Dismiss the entire case on many grounds.They rely largely on the Chapman doctrine, named for a case decided in the Ninth Circuit Court of Appeals in 2008. The doctrine holds that prosecutors who commit serious misconduct during a criminal trial should not get an opportunity to retry the case if the original conviction is reversed. Since a federal judge found sufficient evidence of crimes committed by the Los Angeles District Attorney who prosecuted the case and the Rampart police during the case, prosecutors should not get a second chance at this case, Blumberg and his attorney argue.

Continue reading "Federal Court: L.A. District Attorney's Office and Rampart Police engage in Misconduct" »