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Critical Law Enforcement Legal Issues Report for Benicia CA Police Dep't 2012

Publication • May 30, 2012

Filed under: Police Department Manuals

Critical Law Enforcement Legal Issues Report for Benicia CA Police Dep't 2012 \ MANNING&KAss ELLROD, RAMIREZ, TRESTER LLP CRITICAL LAW ENFORCEMENT LEGAL ISSUES: USE OF FORCE, ECDS AND ICDS- FORMULATING A PLAN Prepared for: BENICIA POLICE DEPARTMENT BENICIA, CALIFORNIA May 30,2012 Prepared by: Mildred K. O'Linn Attorney at Law mko@manningllp.com …

Ford v. Contra Costa County, CA, Complaint, Excessive Force, 2012

Brief • May 16, 2012

Filed under: Excessive Force (Police), Cruel and Unusual Punishment, Negligence/Reckless Endangerment

Ford v. Contra Costa County, CA, Complaint, Excessive Force, 2012 I• 1 KurtFord Judy Mena 2 8 Serene Place Danville, CA 94526 3 Telephone: (707)33~-3514 . 4 In Pro Per 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF CONTRA COSTA …

7th Circuit Dismisses Inadequate Police Protection Suit against City of Chicago

Article • May 15, 2012

Filed under: Gender Discrimination -- Women, Murder by Parolees, Police

7th Circuit Dismisses Inadequate Police Protection Suit against City of Chicago by The Seventh Circuit Court of Appeals has affirmed the judgment of the district court judge which dismissed a lawsuit alleging discrimination against the City of Chicago for failing "to have adequate policies in place for the protection of …

Death Caused by Speeding Arizona Cop Nets $1.35 Million

Article • May 15, 2012

Filed under: Misconduct/Corruption, Police Misconduct, Accidents, Police--Excessive Force, Police Chases

Death Caused by Speeding Arizona Cop Nets $1.35 Million by Tempe, Arizona officials paid $1.35 million to settle a suit brought by the parents of a college student who was killed in a collision with a police officer. At 2 a.m. on November 26, 2005, Tempe police officer William Cullins …

Maricopa County Settles Illegal Immigration Detention Suit for $200,000

Article • May 15, 2012

Filed under: Police Misconduct, Racial Discrimination, Immigration, Police, False Arrest, Racial Profiling

Maricopa County Settles Illegal Immigration Detention Suit for $200,000 by On February 11, 2009, Julian Mora, 68, a legal permanent U.S. resident, and his son Julio, 28, a U.S. citizen, were stopped on a public street in Phoenix, AZ, pulled from their truck, handcuffed with zip-ties and taken to an …

Maryland: Off-Duty Deputies Liable for Mass Purchase of Newspaper Critical of Sheriff on Eve of Election

Article • May 15, 2012

Filed under: Police Misconduct, Qualified Immunity, Censorship, Police

Maryland: Off-Duty Deputies Liable for Mass Purchase of Newspaper Critical of Sheriff on Eve of Election by In 2004, on remand from the Fourth Circuit, the U.S. District Court for the District of Maryland held that neither qualified nor statutory immunity shielded off-duty deputies from liability for damages for making …

Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict

Article • May 15, 2012

Filed under: Police Misconduct, Malpractice (Attorneys), Damages, Juries, Police, False Arrest, Excessive Force (Police)

Juror Misconduct Nullifies $6.5 Million California Malpractice Verdict by The California Court of Appeals upheld the reversal of a $6.5 million wrongful conviction legal malpractice damage award due to juror misconduct. During an October 11, 1996 search of a rundown apartment building, Los Angeles Police Department (LAPD) officers Rafael Perez …

Excessive Force by Des Moines Police Officers Leads to Proposed Settlement of $500,000

Article • May 15, 2012

Filed under: Police, False Arrest, Excessive Force (Police)

Excessive Force by Des Moines Police Officers Leads to Proposed Settlement of $500,000 by In September 2011, the Des Moines City County voted on a $500,000 proposed settlement to end a federal lawsuit filed by a couple allegedly assaulted by two Des Moines police officers following a traffic stop. In …

Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000

Article • May 15, 2012

Filed under: Prosecutor/Attorney General Misconduct, Witnesses, Wrongful Imprisonment, Police, Arrest Warrants

Philadelphia Woman Detained 54 Days as Material Witness Settles for $275,000 by The Philadelphia District Attorney's Office paid a witness $255,000 to settle her claims that she was illegally detained for 54 days. Nicole Schneyder was a critical witness against Michael Overby in a 1990 rape and murder. Overby's first …

Houston, Texas Must Disclose Fatal Police Shooting Records

Article • May 15, 2012

Filed under: Disclosure of Records, Discovery, Wrongful Death, Police--Excessive Force, Excessive Force (Police)

Houston, Texas Must Disclose Fatal Police Shooting Records by A Texas federal court granted Plaintiffs' motion to compel discovery filed by the estate of a man who was fatally shot by police. It also denied Defendants' motion for a protective order. Roland Carnaby was shot and killed by two members …

Oregon Conviction for Recording Police Encounter Reversed

Article • May 15, 2012

Filed under: Videotaping, Police

Oregon Conviction for Recording Police Encounter Reversed by The En Banc Oregon Court of Appeals reversed an Oregon man's conviction for using his cellphone to record a conversation with police during a traffic stop. On November 4, 2008, Shane Michael Neff was pulled over by Eugene, Oregon police officer Ou. …

Oregon Exotic Dancer Sues Police for Excessive Force

Article • May 15, 2012

Filed under: Police, Excessive Force (Police)

Oregon Exotic Dancer Sues Police for Excessive Force by An Oregon woman is suing Portland Police in federal court, for excessive force. On August 21, 2009, police were called to a Portland homeless camp, where they found two men bleeding from knife wounds, and exotic dancer Dawn Rae Johnson, delirious, …

Police Misconduct Costs Chicago Taxpayers Millions of Dollars

Article • May 15, 2012

Filed under: Police Misconduct, Wrongful Death, Medical Neglect/Malpractice, Excessive Force (Police)

Police Misconduct Costs Chicago Taxpayers Millions of Dollars by In December 2011, the Chicago City Council Finance Committee approved payments of more than $3 million to settle two lawsuits arising from the deaths of individuals held in custody by the Chicago Police Department. The Committee also approved payments totaling $850,000 …

California: Cop Blasts 7-Year-Old Special Ed Student with Pepper Spray; San Mateo Pays $55,000 to Settle Federal Lawsuit

Article • May 15, 2012

Filed under: Pepper Spray/Tear Gas, Juveniles, Excessive Force (Police)

California: Cop Blasts 7-Year-Old Special Ed Student with Pepper Spray; San Mateo Pays $55,000 to Settle Federal Lawsuit by In December 2011, San Mateo (California) officials agreed to pay $55,000 to settle a federal lawsuit filed by the family of a 7-year-old special education student who, in June 2010, was …

District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case

Article • May 15, 2012

Filed under: Attorney Fee Awards, Excessive Force, Guard Brutality/Beatings, Restraints, Excessive Force (Police)

District Court Awards over $300,000 in Attorney’s Fees in LAPD Excessive Force Case by In March 2011, the Honorable George H. King, U.S. District Judge for the Central District of California, awarded $299,400 in attorneys' fees and $4,317.44 in costs to a plaintiff who prevailed on her claims of excessive …

Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim

Article • May 15, 2012

Filed under: Retaliation against Staff, State Law Claims, Disclosure of Records, Employee Litigation, Guard Unions, Police

Seventh Circuit Dismisses Wisconsin Deputy Sheriff’s Retaliation Claim by The Seventh Circuit Court of Appeals dismissed a Wisconsin deputy sheriff's retaliation and state law claims against his boss. On May 17, 2007, Milwaukee County Deputy Sheriff David Hutchins called into a popular talk radio show and made critical comments about …

Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard

Article • May 15, 2012

Filed under: Pepper Spray/Tear Gas, Immunity/Liability, Supervisory Liability, Excessive Force (Police)

Seventh Circuit Upholds Dismissal of Police Excessive Force and Supervisory Liability Suit Brought by Veteran Illinois Prison Guard by The Seventh Circuit Court of Appeals affirmed the dismissal of excessive force claims against an Illinois police chief. Illinois Department of Corrections guard David Backes is a veteran of the Persian …

Colorado District Court Examines Responsibility in Issuing Search Warrants Following $425,000 Settlement for Illegal Computer Search

Article • May 15, 2012

Filed under: Prosecutor/Attorney General Misconduct, Searches, Computer Searches, Police Searches, Censorship, Internet, Arrest Warrants

Colorado District Court Examines Responsibility in Issuing Search Warrants Following $425,000 Settlement for Illegal Computer Search by A $425,000 settlement was reached in December, 2011 in a federal civil rights action against a prosecutor who approved an application for an illegal search. It may be the first ruling of its …

Oregon Off-Duty Police Dog Bite Claim Nets $82,500

Article • May 15, 2012

Filed under: Police Misconduct, Excessive Force, Dogs, Excessive Force (Police)

Oregon Off-Duty Police Dog Bite Claim Nets $82,500 by The Washington County Sheriff's Department, in Hillsboro, Oregon, paid a family $82,500 after an off-duty police dog attacked their child. In November 2004, the mother of Tyler Cox, off-duty Washington County sheriff's deputy Kelly McLeod and off-duty K-9 handler, Deputy Charles …

Kostman and Najjar v. City of New Brunswick, NJ, 2nd Amended Complaint, Excessive Force Wrong Apt, 2012

Brief • May 15, 2012

Filed under: Arrestee Searches, Restraints, False Arrest

Kostman and Najjar v. City of New Brunswick, NJ, 2nd Amended Complaint, Excessive Force Wrong Apt, 2012 Case 3:11-cv-00756-JAP-DEA Document 27 Filed 05/15/12 Page 1of18 PagelD: 264 By: Bryan Konoski, Esq. (BK 7563) TREYVUS & KONOSKI, P.C. 305 Broadway, 14th Floor New York, NY 10007 (212) 897-5832 bkonoski@aol.com UNITED STATES …