Grappling with issues of police misconduct, brutality, excessive force, assault, battery and pressures of being an officer.

From time to time I get asked for legal advice that has a broader audience and this is one of those Q&A’s. This is about police brutality, or excessive force, assault and battery, finding the right lawyer, lawsuit economics, the dangers of law enforcement and general human nature.  Stick with me and read through to the bottom.

Question: My son was exercising visitation with his daughter; there were NO legal custody papers at the time. A sheriff deputy came to the house, told my son he had to give the child to the mother. Witnesses say my son didn't say a word but turned and walked back inside the house. As he turned to go back in the house the deputy grab him from behind, punched him 3 times, pushed his head onto a 4x4 post, threw him to the ground, handcuffed and arrested him.  I tried to get my son out of jail that night; I took 3 witnesses with me stating my son had done nothing wrong, he hadn’t even spoke a word. The jailer refused to release him until the next morning. I have pictures of some scratches and a black/blue eye. In the weeks that followed my son was charged with disorderly conduct which was later dismissed due to 'in the best interest of justice'. We file a complaint about the assault but the County Attorney did nothing with filing charges against the officer. Several months later the deputy was fired for aggressive behavior. Do we have a good case against the county? And how do we find a good attorney to take it?

Answer: First of all I hope your son is alright and doesn’t hold this against all law enforcement. One bad apple can spoil an entire department.  Based on what you have reported I do believe your son has a case for false arrest, excessive force and assault and battery. (In Constitutional language it’s called excessive force a part of the prohibition against cruel and unusual punishment. The popular name is police brutality.) The tough part will be finding a lawyer willing to take the case due to the amount of damages not being very great or sufficient to make the case economically feasible.  

You should understand that the County Attorney is nothing more than a politician who is protecting the County from civil liability. If you really want justice then work for his ouster during the next election. The deputy is already fired so some justice has been done. 

I’ve tried a case just like this one. It was in Burlington, Iowa and the officer and City were found liable to my client. My client’s injuries were much more extensive, although he had no broken bones, ruptured disc or brain injury. He was awarded $33,500.00 in compensatory damages and the city and officer were slapped with a $100,000.00 punitive damage award.

In another case my client was beaten by the Des Moines Police Department and that case was settled for $100,000.00.  He suffered much more than a few scratches.

Here in Des Moines the Des Moines Police Department have their own recent issues to grapple with.

Two Des Moines police officers accused of brutality in connection with a traffic stop last year have been placed on paid leave.

Officers John Mailander and Mersed Dautovic were put on leave Monday after investigators with the Des Moines Police Department's Office of Professional Standards discovered new information, said police spokesman Sgt. Vince Valdez.

"As a result of the investigation, we received recent information about inconsistencies during interviews," Valdez said. He declined to elaborate.

The point is you need quite a bit of physical damage and evidence to make these cases worth the time and money it takes to litigate them. And you need good solid witnesses, a fact prevalent in each of the two cases noted above.

In defense of the police I will say they have a tough job under extremely dangerous conditions. I don’t offer this to justify the deputy’s actions just to help you and your son put the bigger picture in perspective. I can tell you’re angry and it’s justified. Unfortunately that and $3.50 will get you a cup of Joe at the local Starbucks; and nothing more. This might be a case where you’re better off just forgiving and moving on. It appears to me you are both better people than this officer ever will be and that justice has been done with his being fired. This past week I added your message to my FAQ category on the Lombardi Law Firm website and this blog, The Verdict.

In defense of the police I will say they have a tough job under extremely dangerous conditions. The Waterloo Police Department found that out when a simple domestic dispute turned into the execution style slaying of two officers.  Michael Hoing was only 28 and his partner, Wayne Rice just 27. Both were killed in the line of duty while responding to a domestic dispute.  I lived in Waterloo at the time and experienced this first hand. It wasn’t pleasant.  The Oakland California Police Department just recently had four officers slain in the line of duty. I don’t offer these stories to justify the deputy’s actions just to help you and your son put the bigger picture in perspective. This might be a case where you’re better off just forgiving and moving on. It appears to me you are both better people than this officer ever will be and that justice has been done with his being fired.

Between 1996 and 2005 there were 575 police officers killed. The statistics are encouraging in that the rate of police officer deaths is on a decline.

The County Attorney would go along way in simply offering an apology to your son.

Homicide trends in the U.S.
Law enforcement officers killed

The number of law enforcement officers killed in the line of duty has declined since the early 1970's

Between 1996 and 2005, of the 575 officers killed --

• 26% were in arrest situations
• 18% were in ambush situations
• 18% were making traffic pursuits/stops
• 17% were on disturbance calls
• 12% were investigating suspicious persons/circumstances
• 10% were in other situations

Of the 662 assailants identified in the killing of law enforcement officers from
1996-2005 --

• more than half had a prior conviction
• 2 out of 5 had a prior arrest for a violent crime.

Most law enforcement officers are killed with firearms, particularly handguns

The greatest proportion of the recent decline in murders of law enforcement officers is attributable to the decline in handgun murders.

To view data, click on the chart.

Source: FBI, Law Enforcement Officers Killed and Assaulted, 1973-2005
Additional information about the data used in Homicide trends in the U.S.