LULAC Joined by Southern Christian Leadership Conference Calling for Federal Ban on Tasers

     Last week, the League of United Latin American Citizens (LULAC) was courageously joined by the Southern Christian Leadership Conference (SCLC) in its call to ban the use of the Taser device nationwide. On September 8, 2009, the SCLC, whose first President was Martin Luther King, Jr., joined the Latino organization’s call to stop this brutal and inhumane practice by police officers. LULAC started to build momentum for this push to end the use of tasers in Albuquerque, New Mexico on August 15, 2009, holding a national press conference on the steps of City Hall. SCLC will be putting major pressure on the Obama administration (pressing Congress in the coming months) to outlaw a practice already classified as “torture” by the United Nations.

The push came after 14-year-old Kailee Martinez of Tucumcari, New Mexico was brutally struck in the head by a Taser dart. She now has 18 staples and 6 stitches on her head, thankful that she did not lose her life, compared with New Mexico’s 4 other lethal cases.

According to Truth Not Tasers, there have been 443 individuals killed by tasers in North America, as of July 1, 2009.  Amnesty International placed the fatality number at 330 since 2001, while excluding cases resulting in severe brain damage, acoma, or a vegatative state.

Other recent cases of police brutality include a 14-year-old middle schooler with autism from Indianapolis, IA, who was tasered twice for “acting out” in school. Instead of following the IEP and individual discipline plan for the autistic child, school authorities resorted to police intervention. Robert Smith of Indianapolis despicably labeled the incident as simply “enabling” the child, only encouraging him to “cross the line” further and disrespect police authority in the future. One wonders what would have occurred to Rosa Parks had tasers been in use in Montgomery, Alabama in 1955.

Several lawsuits have unsuccessfully challenged TASER International, Inc.’s claims that use of the device is a “non-lethal” alternative to older-fashioned methods of police brutality, challenging the device on products liability grounds. These lawsuits have met with limited success, however, and have yet to thoroughly penetrate America’s political consciousness. An incomplete list includes: Powers v. Taser Intern., Inc., 2007 WL 5446674; Williams v. Taser Intern., Inc., 2007 WL 1630875 (N.D.Ga. 2007); Neal-Lomax v. Las Vegas Metropolitan Police Dept. 2006 WL 2668190; and other big cases. 

Over the summer, in a huge victory against TASER International, a California jury awarded $6.2 million to a man wrongfully and excessively tased.  The victory is the first ever against Taser International in a product-liability claim.  TASER is appealing the award.

In Merced, California, an unarmed black man in a wheelchair, Gregory Williams, was excessively tased for no justifiable reason.  Gregory had no legs at the time of incident (and therefore fleeing was not a possibility), as shown in this video.  Mr. Williams lost his legs to gangrene previously, along with his job as a truck driver.  No resolution from the incident is known at this time.

In Michigan, a 15-year old was tasered to death after bailing out of his Dodge Stratus, having done nothing more than drive on an expired license plate.  After being shocked a single time by police, he paid the death penalty for driving on expired tags.  A second Michigan case was that of 15-year-old Brett Elder, who was executed by taser after wanting to fight the police bare-handed.  In all of the cases, the juveniles were completely unarmed.

“50,000 volts of shock can damage your nerves, can cause cardiac arrest and death. Your nervous system is a series of delicate cords,” said Ralph Arellanes of Albuquerque, New Mexico, LULAC’s District 1 Director and Chairman of the Hispano Roundtable of New Mexico. “We have medical professionals that say it hasn’t been tested enough by science, and there is no statistical evidence that Tasers actually save lives. If anything, lethal encounters between officers and civilians have actually increased.”

Arellanes attributes this to the fact that Albuquerque’s police training manuals falsely list a Taser as equal in force to that of mace or pepper spray, another assertion without any credible evidence. He believes there is a high percentage of police officers abusing tasers and too many innocent people are getting tased and dying at the hands of these police officers as a result of this abuse.

“Even good officers lose their temper from time to time ... Some love to watch people squirm and scream,” Arellanes observed, noting that it is often fun for officers to deploy the devices. “The abuse of these devices by police departments is widespread. Some of them enjoy watching people electrocuted,” while others he characterizes as simply numb or insensitive to the damage being caused.

In Tucumcari, Police Chief Roger Hatcher is back on the job six weeks after using a Taser stun gun to deliver 50,000 volts to apprehend a 14-year-old girl, all to stop her from running away from her mom and sending text messages to her friends.   Perhaps because of misleading information provided in training or various other issues, this young girl suffered unnecessary damage by the Taser. All in a day’s work and simply business as usual, without a second thought to the damage, both physically, psychologically, and to the community at large. 

 

-Derek Garcia for The Kennedy Law Firm

Albuquerque Jury's Verdict in Favor of Officers in Home Invasion Case Overturned by the 10th Circuit - Feelings and Hunches Not a Basis of Cause

The decision in Danny Manzanares v. Sean Higdon, 07-2156, an officer of the Albuquerque Police Department, is a major victory for the rights of citizens being interrogated by the police in their own homes. The 7 yr. old case was brought by Dennis Montoya of Rio Rancho, New Mexico.

Danny Manzanares first consented to the officers entering his home to investigate allegations of rape made against a co-worker and friend, Miguel “Rick” Maestas. Danny later revoked consent, commanding the officers to leave and stop asking him questions.  Instead of leaving, the officers arrested Manzanares, who was neither a material witness nor accessory to the crime of rape, but merely stopping short of informing on his friend’s address.

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10th Circuit Rules: Lending a Red Sweater to a Friend in July Does Not Support Probable Cause in "Shoes on a Shoestring" Robbery

In a recent, split decision by the United States Court of Appeals for the 10th Circuit, the Court reversed a lower court’s judgement against Sylvia Avila, a Hispanic girl, 13 years old at the time of the incident.  The decision in Glenda Sherouse and Sylvia Avila v. Suzanne Ratchner, et al., No. 08-2105, was written by Circuit Judge McConnell.  The case and appeal was brought by Mary Y.C. Han, Paul J. Kennedy, and Caren I. Friedman for the Plaintiffs-Appellants, in a hard-fought case spanning years. 

The wrongful arrests of the teenage girls arose after three armed robberies, one of which occurred in an Albuquerque Shoes on a Shoestring, a store known for its quality shoes, priced within grasp of the reasonable.  However, because there was enough probable cause supporting the jury’s verdict against Sylvia’s African American friend, then 14 -year-old Glenda Sherouse, the district court denied Sherouse’s Motion for Judgment as a Matter of Law.  Civil Rights attorneys are sedulously scouring the opinion, in order to understand its doctrine and reasoning.
      
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U.S. Supreme Court Clarifies Standards for School Strip Search Cases

     Today a 13 year-old student from Arizona won an important victory for the privacy of minors in a school setting. Middle-schooler Savana Redding was accused by a fellow student of distributing prescription-strength drugs to other students. She was forced to endure a humiliating strip search by Helen Romero, the school administrator, in addition to a second search by Peggy Schwallier, the school nurse. Savana’s mother, April Redding, sued on behalf of her daughter, while simultaneously managing to avoid any liability issues associated with her minor daughter allegedly throwing unsupervised parties in her own house, where alcohol and drugs were present. In the just-released slip opinion in Safford Unified School District #1, et. al. v. April Redding, 2009 WL 178472, the Court held that the search was a violation of Savana’s Fourth Amendment rights, but also that school officials were entitled to qualified immunity.

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Supreme Court Rules in Favor of Rights Inside Vehicles

     In a come-from-behind, but dubious victory for the Fourth Amendment, Justices Stevens and Scalia teamed up to deliver a surprise concurrence in the recent case of Arizona v. Gant, 129 S. Ct. 1710, 2009 U.S. LEXIS 3120 (2009).  After thoroughly reviewing the Court’s previous holdings in N.Y. v. Belton, 453 U.S. 454 (1981); Thornton v. United States, 541 U.S. 615 (2004); and Chimel v. California, 395 U.S. 752 (1969), commentators were shocked to learn there is actually something on which the liberal and conservative wings of the Court agree:
    Police may search the passenger compartment of a vehicle incident to a recent occupant's arrest only if it is reasonable to believe that the arrestee might access the vehicle at the time of the search or that the vehicle contains evidence of the offense of arrest.
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The Fourth Amendment Prevails in Illegal Search of Family's Home

     In a remarkable victory for the rights of citizens whose family members are suspected of criminal activity, the United States Court of Appeals for the Tenth Circuit decided that family relationships alone do not justify searches of homes, even when officers can convince a state district court judge to issue a warrant. Poolaw v. Marcantel, 2009 U.S. App. LEXIS 9483 (10th Cir. N.M. May 4, 2009).

     The owners of the home illegally searched (in this case mere in-laws of the primary suspect), were related by nothing more than marriage. The criminal suspect was wanted for the tragic homicide of a sheriff’s deputy, with the innocent family members caught in the middle of the ongoing dragnet. The ruling is a victory for the cause of civil rights, the Constitution, and the rule of law.

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Bertha Keylon secures $60,000 verdict in wrongful arrest claim

In a case tried  at the U.S. District Court for the District of New Mexico over two days in January of this year, Bertha Keylon -- who persevered for four years to get justice from the City of Albuquerque -- secured a $60,000 verdict stemming from a 2003 wrongful arrest charge.

Ms. Keylon was wrongfully arrested on September 28, 2003 in Albuquerque and charged with resisting arrest and concealing her identity. At the initial trial, the Court ruled against the Kennedy Law Firm's argument that Ms. Keylon should win her case as matter of law. At the initial trial, the jury returned a verdict for the defense. 

The Kennedy Law Firm appealed and won. The Tenth Circuit appeals court found error with the District Court decision to deny Ms. Keylon her motion for judgment as a matter of law and with jury instructions given at the first trial.  At the second trial, Ms. Keylon was the lone witness and testified that the arrest diminished her enjoyment of life. The arrest made her reluctant to travel from her home out of fear of rogue police officers.  The $60,000 verdict included a sum of $20,000 for punitive damages.

Jury returns $1000 verdict against City of ABQ Police

On January 27, 2009, an Albuquerque jury returned a verdict in a wrongful arrest claim against a City of Albuquerque police officer in the amount of $1000. 

In his claim, Mr. Richard Mora of Albuquerque stated that Albuquerque police officers unlawfully ordered him from his home and then one officer unlawfully patted him down. The justification offered for the pat-down from the Albuquerque police officer was that Mr. Mora was telling the officer that he was going to sue them and he was looking at him in an angry manner.

The District Court agreed that the officer had no cause to attempt a pat-down search of Mr. Mora. The law was clearly established that the officer needed some information that Mr. Mora was armed and dangerous before the officer could lay hands on Mora. Mr. Mora was gratified that his lawsuit resulted in a victory for him and helped solidify the law in the area of police/citizen encounters.

The City of Albuquerque has appealed the judgment to the Tenth Circuit Court of Appeals.

Kennedy Law Firm Wins Tenth Circuit Appeal

In a wrongful arrest claim brought on behalf of a 58 year old Albuquerque woman, the Kennedy Law Firm prevailed on an appeal of a jury verdict in favor of the defendant police officer.  The Tenth Circuit Court of Appeals reversed the jury verdict with instruction to the district court to enter judgment in favor of the Kennedy Law Firm's client, Bertha Keylon.

On a Saturday morning, September 28, 2003, Albuquerque Police Department, Scott Barnard, arrested Bertha Keylon. Officer Barnard arrested Ms. Keylon for resisting an officer under state law and concealing identity under state law. Officer Barnard alleged that Ms. Keylon lied about the date of birth of her 30 year old son, who was accused of damaging a tow truck. Ms. Keylon denied lying to the officer. 

The Kennedy Law Firm argued and the Tenth Circuit agreed that even if the officer's testimony was taken as true, the officer had no probable cause to arrest Ms. Keylon for resisting and had no basis to demand identification from Ms. Keylon. The opinion focused on the qualified immunity defense and the objective reasonableness standard. The opinion cautions that the officers subjective belief, unless based upon objective facts, is not relevant to the question of reasonableness under the Fourth Amendment. Finally, the Tenth Circuit criticized the District Court's submission of the qualified immunity question to the jury, stating again that in the Tenth Circuit qualified immunity rarely should be submitted to the jury.