Maryland Accident Law Blog

A Pennsylvania state legislator from Philadelphia, Jewell Williams, has received an award of $50,000 from a jury in a lawsuit over injuries he sustained in 2009 when police unlawfully detained him. He claimed that “excessively tight handcuffs” caused nerve damage to his wrist and thumb. He further claimed that police violated his constitutional rights by detaining him after he questioned police officers about stopping two elderly men. A spokesperson for Williams said the jury agreed with Williams’ constitutional claim. An attorney for the City of Philadelphia told the media, however, that Williams had previously rejected a settlement offer of $65,000. Williams, for his part, may prefer the vindication in court to any specific dollar amount.

Williams has served as the Democratic representative for District 197 in Philadelphia since 2001. He previously worked as a Temple University police officer. He was elected sheriff of the city of Philadelphia in November 2011 and will take office shortly. The lawsuit arose from an incident in March 2009, when Williams says he tried to assist two “elderly constituents” during a traffic stop. Williams alleged that he saw police pull over a gray Volvo that police said resembled a car used in a drug buy several blocks away. Williams witnessed the stop from several car lengths back while driving home, and eventually got out of his vehicle to intervene.

Williams says he watched one police officer order the driver, whom Williams described as elderly and frail, out of the vehicle. The officer placed the man’s money on the hood of the car. When the man tried to grab at the money as it blew away, the officer alleged shoved him against the car and cuffed him. The man then complained that the cuffs were too tight, and the officer allegedly threatened something to the effect of taking the man to the hospital. A passenger in the Volvo, also described as elderly, was detained by the other officer. This is when Williams got out of his car and approached the officers.

Two more officers had arrived at the scene at this point. Williams says he identified himself as a state legislator, but that the officers yelled profanity at him when telling him to return to his vehicle. Police cuffed him and pushed him into the back of one of the cruisers, telling him he was under arrest for disorderly conduct. Police did not find any drugs in the Volvo or on either person from the Volvo. Police released Williams and the other two men shortly thereafter.

Continue reading "Legislator Awarded $50,000 in Suit for Damages Caused by Tight Handcuffs" »

Two families have filed a federal lawsuit against the U.S. Immigration and Customs Enforcement (ICE) over a 2008 immigration raid targeting Annapolis Painting Services. The plaintiffs are alleging police brutality and the violation of their civil rights and they are seeking $2.5 million in damages.

With the help of immigrant advocacy group CASA de Maryland, spouses Pablo Alvarado and Ingrid Munoz and siblings Elizabeth Gallegos-Torres and Natalia Pelaez-Torres have filed their complaint in U.S. District Court in Baltimore. All of the plaintiffs live in Annapolis.

On June 30, 2008, 75 federal agents and dozens of Anne Arundel County cops rounded up workers that they suspected were undocumented. More than a dozen homes, as well as the Annapolis Painting Services offices, were raided.

The plaintiffs, who say they sustained severe emotional distress, claim that during the raid. armed officers went into homes without probable cause, consent, or a proper warrant. They also contend that they were:

• Woken up in the middle of the night with shouts and banging on doors.
• Grabbed and pushed while they were detained and searched.
• Bullied and threatened.
• Handcuffed or shackled.
• Detained for weeks without being notified that they had the right to speak to a lawyer.

It is important for the public to know that police brutality or any other type of excessive use of force by a law enforcement official is against the law and may be a violation of that person’s civil rights.

Granted, situations where altercations and/or arrests are involved can get out of hand or confusing. It doesn’t matter. If you believe that you were a victim of Maryland police brutality, you should speak with an experienced Anne Arundel personal injury law firm immediately.

Families File Federal Lawsuit in 2008 Immigration Raid, Greater Annapolis Patch, August 9, 2011

Immigrant group sues ICE agents, Hometown Annapolis, August 9, 2011

Related Web Resources:
CASA de Maryland

U.S. Immigration and Customs Enforcement

More Blog Posts:
$10M Montgomery County Wrongful Death Lawsuit Accuses Police of Excessive Use of Force, Maryland Accident Law Blog, March 29, 2011

Columbia Man Files Third Lawsuit Against Police Alleging Howard County Police Brutality, Maryland Accident Law Blog, February 19, 2011

Arnold Man Convicted of Hindering Cop Who Shot Him Plans to File Anne Arundel County Personal Injury Lawsuit, Maryland Accident Law Blog, June 10, 2010

The family of Emmanuel O. Okutuga wants the Montgomery County Police Department to pay them $10 million for his Maryland wrongful death. The 26-year-old Bowie State University student was fatally shot by police in Silver Spring outside the City Place Mall on February 19.

Officer Christopher Jordan had gone to the mall after reports that Okutuga had assaulted a security guard. Police say that Jordan shot Okutuga twice after the latter refused to drop the ice pick he was wielding.

Okutuga’s family contends that the shooting was unjustified. In their Montgomery County police brutality complaint, they say that witnesses testified that he did not advance on the officer or threaten him or any civilians who were there.

The plaintiffs claim that the police department did not properly train Jordan on how to use deadly force and that he shouldn’t have been allowed to handle this type of call. The family’s lawyer says that Jordan’s original statement doesn’t contain any information indicating that the situation warranted the “level of force" that he employed.

All recruits for the police department have to go through 160 hours of training on how to use force when they are trained at the Montgomery County Police Academy. The police department ranks use of force into four tiers:

• Implied force with an officer’s presence
• Verbal commands
• Physical action
• Use of deadly force

Police should never use excessive and/or unnecessary force when apprehending a suspect. Unfortunately, incidents such as the one described above are not as rare an occurrence as we’d like to think. In some instances, a police officer was just trying to do his/her job. At other times, a cop is abusing his/her authority. Either way, excessive use of force can cause serious injuries and death. They also can be grounds for a Maryland civil case.

Per the Montgomery County Police Department’s police, Jordan was put on paid administrative leave while an investigation into Okutuga’s shooting is conducted.

Family of slain man files $10 million lawsuit against Montgomery County Police, Gazette.net, March 26, 2011

Family Sues Montgomery County Police For Shooting, WUSA9, March 24, 2011

Related Web Resource:
Montgomery County Police Department

More Blog Posts:
Columbia Man Files Third Lawsuit Against Police Alleging Howard County Police Brutality, Maryland Accident Law Blog, February 19, 2011

Prince George’s County and Frederick County Settle Maryland Injury Lawsuits, Maryland Accident Law Blog, April 5, 2010

$10 Million Maryland Wrongful Death Lawsuit Blames Baltimore County Police for Taser Fatality, Maryland Accident Law Blog, March 12, 2010

Last year, our Baltimore Maryland accident lawyers reported on the story of Melvin Yates, a Columbia man who filed a $50 million federal lawsuit suing Howard County, Police Chief William McMahon, and three officers for civil rights violations and including police brutality. A federal court dismissed that his case twice—once, says ExploreHoward.com, because Yates’s Maryland injury lawyer did not counter a dismissal motion submitted by Howard County attorneys. The lawsuit was filed again and also dismissed because it was almost identical to the first one and the same complaint cannot be filed twice in federal court.

Now, Yates is trying again. This time, he is filing his Maryland police brutality lawsuit in Howard County Circuit Court.

Yates, who is in his early 20’s, claims that cops beat him at his dad’s memorial party last April. Yates’s dad had died in a Maryland motorcycle accident. Police were called to the party after a fight broke out.

Yates contends that he wasn’t involved in the brawl and actually tried to leave the party but that a cop stopped him. He says he cooperated with the police but that they assaulted him. Yates suffered a concussion, chipped his tooth, as well as sustained bruises, cuts, and a black eye. In his federal lawsuit, he accused Howard County police of battery, civil rights violations, false imprisonment, poor training, and inadequate hiring.

Last October, a jury found Yates guilty of failing to obey a cop and disorderly conduct during his arrest. However, they found him innocent of assaulting a cop and of resisting arrest.

Yates files third lawsuit against Howard County police, ExploreHoward, February 16, 2011

Columbia Man Files $50 Million Maryland Police Brutality Lawsuit Against Howard County Police, Maryland Accident Law Blog, June 16, 2010

Related Web Resources:
Howard County Police Department

Shielded from Justice, Police Brutality in the US, HRW.org

More Blog Posts:
Arnold Man Convicted of Hindering Cop Who Shot Him Plans to File Anne Arundel County Personal Injury Lawsuit, Maryland Accident Law Blog, June 10, 2010

$10 Million Maryland Wrongful Death Lawsuit Blames Baltimore County Police for Taser Fatality, Maryland Accident Law Blog, June 10, 2010

$10 Million Maryland Wrongful Death Lawsuit Blames Baltimore County Police for Taser Fatality, Maryland Accident Law Blog, March 12, 2010

Melvin Yates is suing the government of Howard County, Police Chief William McMahon, and three officers for $50 million. In his federal lawsuit, the 23-year-old is accusing the officers of beating him until he became semiconscious at his father’s memorial party last April.

According to Yates, on April 10 police were called to the memorial party that Yates was holding for his father, who died in a motorcycle crash last year, because a fight broke out. Yates claims he was not involved in the disagreement and that he actually tried to leave the party because he was upset that his guests were disrespecting his father’s memory with their dispute. It was then that a police officer stopped him from leaving, several cops surrounded him, and he was told that he was going to jail.

In his Howard County police brutality complaint, Yates contends that he cooperated with the police officers, who handcuffed him, but that a number of police officers started shoving him against a vehicle, using objects to hit him on the head, and kicking and punching him. The 23-year-old’s allegations are contrary to police claims that he resisted arrest and pushed and grabbed the officers. Their charging documents maintain that they followed police procedure.

Yates’s Maryland injury lawyer says that her client sustained a concussion, bruises, a chipped tooth, a black eye, and cuts during the alleged police beating and that there are more than 10 witnesses who will support his claims. Yates’s sister reportedly captured a portion of the alleged police brutality incident on her phone’s camera.

Yates says he has tried to press assault charges against the police officers but he has been told that he lacks “probable cause.” His federal lawsuit accuses Howard County’s police department of civil rights violations, battery, false imprisonment, inadequate hiring practices, and poor training.

Maryland Police Brutality
Excessive use of police force is a serious problem. Many victims of Maryland police brutality don't realize that their rights have been violated and are too scared to come forward. You may have grounds for a Maryland injury case.

Columbia man files $50 million suit against police, Explore Howard, June 16, 2010

Maryland Police Brutality: Columbia man files $50M lawsuit for beating, Top Wire News, June 16, 2010

Related Web Resources:
Howard County Police Department

Police Brutality and Misconduct

An Arnold man who was shot by police during an altercation at his home last July plans to file an Anne Arundel County police brutality lawsuit. Michael A. Housley was acquitted by a jury of the charge that he assaulted police officers and other related charges. He was, however, found guilty of two counts of obstructing a police officer. The 52-year-old defendant plans to seek a new trial.

On July 12, three cops were asked by Anne Arundel Medical Center to go to his home to check on Housley’s wife, Leah Housley, who left the center even though doctors hadn’t discharged her yet. Housley had taken her there because he was worried that had taken too much prescription medication. The couple says that they went home several hours after she was admitted because she was feeling better.

When the police officers arrived at their residence, Housley refused let them in without paperwork and contacted 911. Meantime, Leah told the officers she would come out but that she needed to place the family dog in the bathroom first.

The police officers forced their way into the Housley’s home by kicking in a glass kitchen door. They then subdued Michael, who was unarmed, with a Taser and pepper spray. When he brandished a chair at a police officer, he was then shot in the shoulder and neck. Michael was treated at Shock Trauma for his injuries.

Excessive Use of Police Force
Police must never use excessive force without just cause. If you suspect that your injuries were caused by unjustified use of police force, you may have grounds for a Maryland injury lawsuit.

Arnold man shot by officer convicted of hindering police, Baltimore Sune, June 4, 2010

Officer Shoots Man Threatening Partner With Chair, WBAL TV, July 13, 2009

If you’ve been the victim of police brutality or police negligence, there are legal remedies that allow you to seek Maryland personal injury compensation. Many victims of police violence or negligence are too scared to report the incident for fear of repercussion or because they are unaware that what happened to them was wrong. As with other negligent parties that cause injuries or deaths, law enforcement officers can be held liable for their reckless actions.

Recently, the family of Justin Lihvarcik settled its Maryland wrongful death lawsuit accusing Frederick County police of negligence. On June 10, 2009, Lihvarcik, who was 26 at the time, was placed in a holding cell at the Frederick County Adult Detention Center at around 2:30am after he was charged with second-degree assault during a dispute with his girlfriend. At around 5:30am, correctional officers found him hanging from the top bunk. He had used his shoelaces to make a noose.

In her Frederick County wrongful death complaint, Lihvarcik’s mother, Nancy Fether, accused the Frederick County Sheriff’s Office of neglect.

Following an investigation, two correctional officers were disciplined and policy changes were made so that shoelaces can no longer be taken into holding cells. Officers tasked with checking on inmates must now sign a checkoff sheet at the end of each hallway.

In other Maryland news, a Prince George’s County police brutality lawsuit was recently settled with the victim Rafel A. Rodriguez. The county agreed to pay $125,000 to the 31-year-old.

Rodriguez has accused Cpl. Scott Wilson and Cpl. John Wynkoop of committing police violence against him at College Park in 2008 and making a false arrest. The cops had detained him because they thought his vehicle had an illegal blue-tinted turn-signal light.

Video footage from a device in the vehicle captures the cops making fun of the plaintiff’s El Salvadorean accent, pulling Rodriguez out of the car, slamming him against the vehicle, cuffing him, spraying him with pepper spray, and striking him several times on the head with a baton. Even though Rodriguez didn’t try to hit the cops, they charged him with two counts of assault.

Prince George's to pay man who accused police of assault, The Washington Post, March 12, 2010

Parties reach $50,000 settlement in hanging at jail, FrederickNewsPost, March 23, 2010

Related Web Resources:
Frederick County Sheriff’s Office

Prince George’s County Police Department

The family of Ryan Meyers is suing Baltimore County police and three cops for Maryland wrongful death. They are seeking $10 million in compensation and alleging negligence and police brutality.

Meyers is bipolar. The 40-year-old died after cops, who arrived at his parents' home following a 911 call, tasered him. Meyers had been allegedly using a baseball bat to attack people, and his father was injured.

According to the officers, they tasered him because he ignored their order to put down the bat. Meyers went down but then got up and allegedly tried to attack them. They managed to handcuff him and then saw that he was unresponsive. He went into cardiac arrest and was pronounced dead at the hospital.

Meyer’s family believes that the police officers could have used less force to apprehend him.

Taser Injuries
According to one study published in 2006 by the American College of Cardiology Foundation, even though getting struck by a Taser won’t likely cause cardiac arrest, it is recommended that Taser darts not be fired close to the heart. Seeing as this study was funded by Taser International, the manufacturer has known about this possible risk from some time.

Another man, Steven Butler, went into immediate cardiac arrest after he was tasered by cops. EMT’s were able to revive him, but his brain didn't get oxygen for such a long time that he is now permanently disabled. He and his family are suing Taser International for products liability.

In the last six years, there have been 8 Maryland taser deaths involving police. The stun gun shoots about 50,000 volts of electricity into the skin and is considered a less lethal alternative to shooting someone. However, medical experts say that getting struck near the chest by a Taser dart can make the target’s heartbeat go from 72 beats per minute to up to 220 beats a minute.

Meantime, Taser maintains that its electronic control device is safe for use.

Family Sues Police After Fatal Taser Shot, WJZ, March 5, 2010

Related Web Resources:
Taser

Baltimore County Police

The family of Dwight Jerome Madison is suing Harford County and the Harford County Sheriff's Office for Maryland wrongful death. Madison, 48, died after police threw him in jail last June. His family is alleging wrongful arrest and police brutality. They are seeking $145 million from the defendants.

According to the Maryland police brutality lawsuit, Madison was arrested on June 11, 2009 just hours after police stopped him in Bel Air. The 48-year-old was let go after he told them he was looking for a friend in the area. Police officer followed him and arrested him for trespassing. He was transported to the Harford County Detention Center.

Police claim that Madison asked to be arrested so he would have some place to go. They then contend that while in custody, he became uncooperative and grabbed and choked one of the guards. Police TASERed Madison, who fell and struck his head.

The Maryland wrongful death lawsuit claims that the following day, a civilian jail worker and three corrections officers assaulted Madison, who had a severe head injury. Even though it was allegedly obvious to those involved that Madison was dying, they continued to Taser him, causing his death. Madison died at Maryland Shock Trauma Center in Baltimore on June 13.

The family’s wrongful death lawsuit, filed in U.S. District Court in Baltimore, says the corrections employees and deputies directly caused his wrongful death and violated his legal rights. It also alleges that the defendants have consistently engaged in “condoning its officers’ pervasive misconduct and abuse of authority.”

Arresting someone without just cause and using excessive force to detain them are both possible grounds for suing the police for Maryland personal injury.

Even if you did break the law, police must still uphold your civil rights. Unfortunately, many people are too scared to speak out for fear of repercussions.

$145 million wrongful death lawsuit filed against county, sheriff's office, Explore Harford, February 2, 2010

Related Web Resources:
Read the Police Press Release, Harford Sheriff, June 13, 2009

Harford County, Maryland

A 38-year-old Baltimore man has filed a civil rights violation lawsuit accusing Anne Arundel County police of violating his civil rights when they arrested and imprisoned him without just case. Melvin B. Thomas says he was falsely arrested on January 17 for asking “What about freedom of the press?” after officers apprehended his friend for using a cell phone to videotape cops handcuffing spectators following a Glen Burnie boxing event when some people became rowdy.

Thomas says he and his friend, 32-year-old Pasadena resident Leshon C. Ruffin, were the only two people who were thrown in jail where he stayed for 12 hours. Now, he is seeking $30,000 in damages.

Cpl. Russell Hewitt III, who is a defendant in the Maryland false arrest lawsuit, claims in charging documents that Ruffin was apprehended for trying to approach officers while they were doing their job. He says he arrested Thomas because he was causing a disturbance with his yelling.

Thomas’s attorney, however, says that Thomas and Ruffin were behaving in a nondisruptive manner while others around them were shouting out profanities. All charges against the two men were dropped. Thomas has said that because he and his friend are black he thinks race was a factor. Two white people that also were handcuffed were released at the scene.

Thomas's Maryland civil rights violation lawsuit is seeking $30,000 in damages.

Maryland False Arrest Lawsuit
A police officer who has violated a person’s civil rights can be sued for damages. Making false arrests, wrongful imprisonment, excessive use of force, verbal abuse, harassment, torture, intimidating tactics, and sexual assaulting a suspect or prisoner can be grounds for a civil lawsuit against the offending police officer, his/her police department, and possibly even the city or the county where the violation took place.

You don’t have to be afraid about coming forward if you were the victim of Maryland police brutality or were falsely arrested without just cause.

Man sues county police for arrest, HometownGlenburnie.com, January 2, 2010

Related Web Resources:
Anne Arundel County

False Arrests, Convictions and Imprisonments, New York Times

Continue reading "Baltimore Man Sues Anne Arundel County Police Department and Officer for False Arrest " »

A Maryland jury has awarded a Greenbelt woman a $261,000 Prince George’s County police brutality verdict. Kimberly Jones says sheriff’s deputies forced their way into her residence, assaulted her, and maced her.

The alleged Prince George’s County, Maryland personal injury incident occurred on September 15, 2006. Jones, 35, woke up to the sound of knocking. She put on a robe and slightly opened the door. Two Prince George's County sheriff deputies, Gerald Henderson and Billy Falby, allegedly forced their way in without a warrant.

Not only did the two men allegedly assault her, but they are accused of making her change into dirty clothes at the arrest scene without making sure a female deputy was there to help her. A neighbor, who would later testify in court, called 911 to report seeing the two deputies assault Jones.

Jones was charged with assaulting a cop. She was let go from her job because of the arrest and since then, hasn’t been able to obtain work involving children. The criminal charge against her was eventually dropped.

According to Reason.com, the cops had entered the wrong house. The officers accused of the alleged Maryland police brutality have said they were just following instructions.

The jury agreed that the two men did follow Prince George's County Sheriff's Department protocol. However, they found that the procedures were unconstitutional.

This is not the first incident involving alleged police misconduct by Prince George's County cops. According to the Washington Post, from 2000 – 2006 some 800,000 people have received approximately $16.3 million in police brutality compensation from the county.

Excessive use of force by police is a crime. Injury victims may be entitled to Maryland police brutality recovery. If you were beaten, verbally abused, sexually assaulted, arrested without just cause, or feel that police violated your civil rights in another way, you should speak with a Maryland injury lawyer.

Greenbelt woman wins $261,000 lawsuit against Maryland, Gazette.net, October 1, 2009

Failing His Way to Higher Office, Reason Magazine, October 12, 2009

Related Web Resources:
Prince George's County Maryland, Office of the Sheriff's

Survey: ER doctors suspect excessive police force, USA Today, January 7, 2009

Top 5 Police Brutality Videos, The Huffington Post, July 30, 2009

In Maryland, the city of Annapolis has reached a confidential settlement with two men who say that a police officer wrongfully arrested and beat them. Their lawsuit stemmed from two separate alleged police brutality incidents on March 30, 2005 and on August 19, 2005.

According to the Maryland police brutality lawsuit of Quinton T Smith and Jose Louis Meneses-Araiza, the two men were separately arrested and beaten without cause by Annapolis Police Officer Gary Black. The plaintiffs alleged false arrest, battery, false imprisonment, unlawful search and seizure, and conspiracy by Black and were seeking to have a civil jury determine compensatory damages, punitive damages, and attorney fees.

Menesez-Araiza, 28 sustained serious head trauma after his altercation with Black on March 30, 2005. He underwent brain surgery and his medical expenses were over $70,000. According to the Maryland police brutality complaint, Menesez-Araiza approached Black and another officer while they were talking to some Hispanic men they had stopped over a traffic violation. Menesez-Araiza offered to help translate.

Black ordered to him to leave the scene and when he didn’t do so immediately, he arrested him and repeatedly kicked and punched him until Meneses-Araiza fell, hit his head, and lost consciousness while at the police station.

Black and another cop then called an ambulance but, according to the lawsuit, did not tell dispatchers that Meneses-Araiza had struck his head. As a result, paramedics took him to Anne Arundel Medical Center believing he may have had a drug overdose. Following a CT scan, he was flown to Maryland Shock Trauma Center in Baltimore where he underwent a craniotomy. However, an Internal Affairs investigation into Black’s conduct during the Mach 30, 2005 incident determined that he didn’t do anything wrong.

As for Smith, he claims he got hurt on August 19, 2005. He says he saw Black and other police officers arresting another man and reportedly yelled out that they were being too rough. They told him to leave, but before he could, the lawsuit contends, Black approached and tried kicking his legs out from under him. The police officer also allegedly smashed Smith’s face into the ground. Smith, who had to have stitches on his lip, was taken into police custody and charged with failure to obey a police officer. The charges against him were eventually dismissed.

Black is no longer with the Annapolis police force, but the attorney for the city maintains that he did nothing wrong. The two plaintiffs received separate Maryland police brutality settlements.

City settles police brutality lawsuit, HometownAnnapolis.com, April 14, 2009

Annapolis Settles Police-Brutality Lawsuit, Washington Post, April 14, 2009

Related Web Resources:
Annapolis Sued for Police Brutality, Maryland Accident Law Blog, March 31, 2008

Top 5 Police Brutality Videos, The Huffington Post, July 30, 2008

Four years after a SWAT team fatally shot Cheryl Lynn Noel during a drug raid of her Dundalk home, the ensuing wrongful death lawsuit filed in Baltimore County has finally gone to trial. Attorneys for both sides gave opening statements last week.

During the wrongful death trial, a jury will determine whether law enforcement officers were justified in shooting Noel or if the deadly incident was an example of police abuse of power and her family should be compensated for her loss.

According to the Maryland wrongful death lawsuit filed by her husband Charles, he and Noel, a 44-year-old mother, were in bed on January 1, 2005, when at around 4:30 am members of the Baltimore County SWAT team barged into their residence using a battering ram and a flash-bang grenade because they suspected it was a narcotics den housing cocaine and marijuana. The officers, who were heavily armed, claimed to have found traces of drugs in garbage cans outside the residence.

Noel reportedly grabbed a lawfully registered gun that she pointed toward the floor. The complaint contends that Officer Carlos Artson then kicked in the bedroom door and without asking Noel to drop the gun shot her three times—the last time while she was already on the floor.

While Baltimore County Police maintain that they did nothing wrong, the Noel family’s wrongful death attorney maintains that Noel was within her legal rights to protect her home, police violated her civil rights by shooting and killing her without giving her an opportunity to drop her weapon, and the the third shot fired at her was “grossly excessive.”

Excessive use of violence by law enforcement officers can be grounds for a police brutality claim or a wrongful death lawsuit.

Lawsuit brings dissection of fatal SWAT raid, Baltimore Sun, March 18, 2009

Family of slain Dundalk woman sues Baltimore County police, Examiner.com, August 10, 2006

Related Web Resource:
Baltimore County

In Maryland, a Salisbury man is waiting to find out whether a judge will allow his $45 million police brutality lawsuit to go to court. Ceasar Savage says that a number of police officers beat him unconscious when apprehending him outside his mother’s Newton Terrace home in January 2007.

Savage, 37, says that he did not regain consciousness until he was in the emergency room at the Peninsula Regional Medical Center. Upon his release, police took him into custody and charged him with resisting arrest, assaulting a police officer, and a number of drug charges.

According to Savage’s Maryland police brutality complaint, two of the police officers that approached Savage said they were probing a reported burglary in the area. They asked for his registration and license information and asked him to step out of the car.

Savage was handcuffed while police searched the vehicle without a warrant or his consent. No drugs were found. Savage says he asked to be set free and that one police officer began using excessive force on him, busting his teeth and jaws and bruising him on the face.

A Maryland jury would later find Savage not guilty of assaulting a police officer and failing to obey. They also acquitted him of assault charges. The state of Maryland dismissed the remaining criminal charges against him in May 2007.

Savage says he experienced a similar altercation in December 2007 involving some of the police officers he is now suing. All charges related to that incident where dismissed last year.

Savage’s Maryland police brutality lawsuit names Salisbury City Council, Mayor Barrie Parsons Tilghman, and Salisbury police officers Tanya Ehrisman, David Underwood, Kenneth Wilson, Brian Whitman, Christopher DeVoe, Milton Rodriquez, Chad Crockett, Lisa Purnell, and James Russell. The defendants had sought to have the Maryland personal injury lawsuit dismissed claiming that the Salisbury Police Department cannot be sued.

Brutality lawsuit still awaits trial, DelMarvanow.com, March 2, 2009

$45M lawsuit claims police brutality, DelMarvaNow.com, January 10, 2009

Related Web Resources:
Top 5 Police Brutality Videos, The Huffington Post, March 10, 2009

Stop Police Brutality

A Maryland man is suing Baltimore’s Police Department for $210 million. Daryl A Martin, 35, claims that a group of rogue police officers apprehended him at gun point and, in front of 30 people, made him take his clothes off and conducted a search inside his rectum. This is the second federal lawsuit filed in less than a year accusing Baltimore police officers that belonged to a “Special Enforcement Team” of engaging in civil rights violations.

Martin is a retail shop manager and a Navy veteran who has never been charged with committing a crime. He alleges that he was strip searched because he is black.

Martin's 43-page complaint says that on April 26, 2006, he and a friend were driving in a Buick Lucerne when their vehicle was pulled over by two sets of Baltimore police officers. Officer Antonio Rodriguez allegedly asked for Martin’s vehicle registration and license, told both occupants to get out of the vehicle, and searched the car. Officer Shakil Moss is accused of putting on a rubber glove, taking the plaintiff’s pants and underwear off, and inserting a finger inside his rectum. A crowd reportedly witnessed the strip search.

Martin reported the search incident. A lab test showed that the glove used by Moss also had DNA from Martin. In his lawsuit, Martin accuses the Baltimore Police Department of tolerating the officers’ conduct.

In another lawsuit filed last March, the plaintiffs accused Moss and other police officers of illegally apprehending, searching, terrorizing, and humiliating residents without just cause.

Police Brutality
Any act of police violence is a crime and violates a person’s civil rights. The US constitution also says that people have the right to not be subject to illegal searches and seizures.

If you were assaulted, abused, or violated by a police officer or another law enforcement official, your civil rights have been violated and you may be entitled to compensation for the harm that you have suffered as a victim of police brutality.

Man recounts strip search after filing suit against police, Baltimore Sun, February 4, 2009

Maryland: Man sues over public strip search, Demarvanow.com, February 4, 2009

Related Web Resources:
The US Constitution Online

Police Brutality, PoliceBrutality.Info

In Maryland, the Board of Public Works has approved a $500,000 wrongful death settlement for the family of Ifeanyi A. Iko, an inmate who died in 2004 after being subdued with pepper spray at the Western Correctional Institution. According to the state medical examiner, his cause of death was homicide due to the “chemical irritation of the airways by pepper spray,” the use of a mask on the 51-year-old prisoner’s face, and the manner in which he was restrained.

The Nigerian immigrant was found asphyxiated following an altercation with police when he was removed from his cell, handcuffed at the wrists and ankles, put in a spit-protection mask, and sprayed with pepper. Other prisoners who saw the incident say that prison guards severely beat Iko and used three cans of pepper spray on him.

While an Allegany County grand jury did not indict the correctional officers involved in the pepper spray incident, the prison’s lead investigator in the case has admitted that key evidence, such as wet clothing and video footage, were not preserved. Also, two months after Iko died, the state prison commissioner issued stricter guidelines on pepper spray use. Now, officers need a warden or assistant warden to approve the use of the spray and anytime the spray is used, a full report must be prepared within 24 hours.

Iko’s family had filed a $28 million federal wrongful death lawsuit, which will now be dismissed, following the incident on April 30, 2004 in Cumberland. The half a million dollar settlement may be the largest award granted in a Maryland personal injury or wrongful death case involving a prisoner victim.

Pepper Spray
Pepper spray can irritate the eyes, skin, and airways. Burning, tearing, sneezing, shortness of breath, coughing, skin blisters, and vomiting are some of the symptoms that can occur. Concentrated use of this spray can lead to more serious health conditions.

Maryland police officers and correctional officers are not supposed to use excessive force or severe restraint methods when apprehending suspects or prisoners. Failure to exercise this duty of care can be grounds for a Maryland police brutality or wrongful death lawsuit.

State will pay $500,000 in death of prisoner, Baltimore Sun, January 2, 2009

FBI Investigating Md. Inmate's Death, Washington Post, September 11, 2004

Related Web Resources:
Pepper spray rules tighten, Daily Press, July 21, 2004

Western Correctional Institution

Anne Arundel County has agreed to pay $90,000 to settle the Maryland wrongful death lawsuit filed by the family of Donald Coates. The 20-year-old was shot dead by Anne Arundel County Police Officer Tommy Pleasant in 2005.

Earlier this year, Coates’s family members filed federal and state lawsuits seeking millions of dollars in damages. They claimed that Pleasant, who was a rookie and had been patrolling solo for just a month when the incident happened, acted wrongfully when he shot Coates, who was naked and unarmed at the time.

The shooting incident occurred on May 24, 2005. According to witnesses, Coates had called 911 while he was smoking marijuana in his home. He claimed that someone was trying to kill him. He then fired several shots before leaving the premise.

Pleasant saw Coates, who started running toward him. The then-22-year-old cop later explained that he thought Coates was on drugs and that his only choice was to shoot the naked man.

In September 2005, a grand jury found that Pleasant was not criminally liable for Coates’s shooting death. He continues to work as an Anne Arundel County police officer.

Excessive use of violence by police officers to apprehend suspects is considered a violation of one’s civil rights. It can also be grounds for a police brutality claim or a wrongful death lawsuit if someone is injured or killed.

Suit Is Settled In '05 Police Killing of Man, Washington Post, December 19, 2008

Arundel settles suit, Baltimore Sun, December 18, 2008

Related Web Resources:

Anne Arundel County Police Department

Anne Arundel County Sued for Wrongful Death of Naked Man Shot by Cop, Lebowitz & Mzhen, July 7, 2008

Two recent Maryland lawsuits have brought the topic of police brutality to the media forefront. Last week, a judge ruled that teenager Eric Bush can sue the city of Baltimore for Maryland personal injury even though he had missed the deadline for letting the city know he intended to sue. The judge said Bush showed good cause for why his notice that there would be a lawsuit was late.

Bush became a YouTube star after footage of Officer Salvatore Rivieri putting the then-14-year-old skateboarder in a headlock and chastising him for calling the cop "dude" was posted on the popular Web site. The altercation took place in 2007 at the Inner Harbor.

Bush says he never heard Rivieri give him an order about skateboarding. Rivieri, a police veteran, was suspended after the video footage of the incident was brought to the Baltimore police Department’s attention.

In another Maryland police brutality lawsuit, US District Judge William D. Quarles says the wrongful death case involving a man shocked with a Taser by a Frederick County Sheriff’s deputy can move forward against Frederick County Sheriff Chuck Jenkins and the Frederick County Board of Commissioners.

Jarrel Gray died in November 2007 after he was Tasered by Corporal Rudy Torres, who had arrived at the scene of a fight that the 20-year-old was involved in. The Frederick County deputy reportedly used the weapon to stun Gray twice in 23 seconds. The 20-year-old died several hours after the incident.

Quarles had previously dismissed all defendants from the $145 million Frederick County wrongful death case except for Torres. Following the amended complaint by Grey’s family, however, the judge decided that the claims against the other defendants can also move forward. The civil lawsuit seeks compensation based on several counts, including civil rights violations, wrongful death, police brutality, negligent supervision, and inadequate training.

The use of Tasers has been criticized by civil rights groups for the many times the supposedly non-lethal weapons have been misused, causing injury or death, to their targets.

Police Brutality
Law enforcement officers are forbidden from using unnecessary or excessive force when dealing with suspects or other members of the public. Acts of police brutality can be grounds for a Maryland personal injury claim or wrongful death lawsuit.

Judge OKs Teen's Lawsuit Against Officer, WBALTV.com, December 11, 2008

Judge reinstates Frederick County sheriff and commissioners in Taser lawsuit, Gazette.net, December 12, 2008

Mother 'Furious' After Officer-Teen YouTube Encounter, WBALTV, February 13, 2008

Related Web Resources:

Watch the YouTube Video, Lebowitz & Mzhen, February 14, 2008

Taser

The family of Randy Rakes, a Finksburg man who died in 2006 in a Maryland motor vehicle crash involving a State Police trooper car on Md. 140, is calling on Maryland Governor Martin O’Malley to remove trooper Dale Derr from the force. Their demand comes following a confrontation between Derr and Rakes’s half-brother, Joseph Blizzard, earlier this month.

According to the Rakes family's Maryland wrongful death lawyer, other troopers had detained Blizzard in Carroll County on October 12 when Derr arrived at the scene and verbally and physically assaulted him before throwing him to the ground, allegedly causing the suspect to break his thumb. Blizzard was arrested over allegations of check forgery.

Police say they are investigating the allegations against Derr. The Rakes family wants him suspended from the force pending the probe’s outcome.

The Rakes family is suing Derr and the Maryland State Police for $15.8 million for Randy’s wrongful death. On November 29, 2006, Rakes and a friend were walking along Route 140 late in the evening when they decided to cross the road. According to the Maryland State Police crash report, Derr, who was driving over 50 mph above the speed limit at around 80mph, struck Rakes with his vehicle.

The report cited the cause of death as Rakes’s failure to yield the rate of way to the cruiser and Derr's speeding. No charges were filed against Derr for his involvement in the crash.

Based on his alleged behavior toward Blizzard, the Rakes family is worried that Derr is “volatile” and could cause further harm.

Police Brutality
Law enforcement officers are forbidden from abusing their authority and exercising excessive force on anyone, including criminal suspects. If you have been a victim of police brutality, your civil rights have been violated and you may be entitled to personal injury compensation.

Md. trooper's firing sought by kin of 2006 crash victim, BaltimoreSun.com, October 29, 2008

Family wants cop fired, Carroll County TImes, October 29, 2008

Related Web Resources:

Maryland State Police

Police Brutality and Accountability in the US, HRW.org

The family of Donald E. Coates Jr., a 20-year-old Glen Burnie man who was unarmed and naked when he was killed by rookie Anne Arundel Police Officer Timothy Pleasant, is suing Anne Arundel for $10 million.

In the Maryland wrongful death lawsuit filed in Circuit Court, Pleasant is accused of acting with malice and behaving unreasonably on the night of May 24, 2005. The suit contends that no other police officer would have shot Burnie, who was fleeing, from behind.

Coates was delusional and on drugs when the shooting happened. According to Anne Arundel County police union president Officer O’Brien Atkinson, Pleasant “did exactly what he was trained to do under the circumstances” and that his only option was to use “deadly force.”

On the night of his death, Coates contacted 911 from his home and said that someone was trying to kill him. He then reportedly locked himself in the bathroom after ordering everyone in the house to leave at gunpoint.

Coates then jumped out of the bathroom window and hid behind the utility box. Pleasant spotted Coates and asked him to come out. Coates ran at him and Pleasant fired his gun four times. Coates died as a result of the shooting.

Coates’s family has filed the wrongful death lawsuit on behalf of his two young children. The family claims they sustained mental trauma and pain and suffering because of the shooting death. They are demanding recovery for funeral costs, gross negligence, excessive force, and seizures.

Please contact our Maryland personal injury law firm if another party seriously injured you or someone you love because of their negligent or careless actions.

Police Brutality
Police brutality is the use of excessive and unreasonable force by law enforcement personnel, including county police officers, state police, and federal agents. Beating, shooting a suspect without justification, sexual abuse, verbal abuse, and other violent actions are unjustifiable and against the law.

Police killing of naked man leads to $10 million lawsuit, BaltimoreSun.com, June 29, 2008

Related Web Resource:

Police Brutality in the US, HRW.org

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