Excessive Force Cases

We get a number of calls about potential excessive force cases. However, we only are able to take on a handful of these cases each year for a number of reasons. A couple of observations we would like to share and some factors that we consider when we evaluate a case: 1. In Alabama it is very tough to pierce the veil of immunity that the State and the Counties are afforded. While the standards of immunity for municipal governments is lower it still can be difficult. 2. We generally only file excessive force cases in Federal Court.Generally, Federal Court cases are more expensive. 3. Law enforcement officials often fail to follow procedure in using force but unless there are quantified physical damages it makes it a very difficult case for us to handle and receive any sort of settlement for our clients. 4. It is very hard to have a successful case without witnesses to the action. If someone witnesses an action it is recommended that you obtain all their contact information immediately. 5. These cases take months to investigate before we can make a decision as to if a lawsuit is warranted.

Rodney King passed away this weekend. His death has given us time to pause and reflect on how the incident of his beating which was videotaped has affected our society. The LAPD got a black eye from their handling of the Rodney King videotaped beating. This is perhaps the first great example of something caught by a citizen journalist going viral through the media outlets. Now it's not uncommon for something that is caught to explode via You Tube. But twenty years ago, we weren't that sophisticated. My recollection of the beating was dismay and sadness. I thought, "How could the police beat somebody up like that?". Now, I realize that it was far too common back then and far too common even now. Perhaps now the incidents have a greater chance of getting seen by someone with an camera phone. How many people were stopped and beaten over the years where all evidence disappeared? The King incident triggered the L.A. riots as the officers who attacked him were acquitted. So sadness turned to misplaced anger and then I believe a few years later were the catalyst for O.J. Simpson to be found not guilty by a California jury. Rodney King could have been anyone, black white or hispanic. That's what made his story so powerful. As he died at a young age yesterday we see a man who never recovered from these events. He faced a number of criminal charges over the next couple of decades and could not kick his addictions. Hopefully, as we reflect over the next few days we will ponder if these events in the 1990's had any long term effect on race relations today.

Some of our recent activity - New Federal Lawsuit filed

We were extremely busy in the fall quarter of 2011 and that spilled over into early 2012.

Last month, we filed a Federal lawsuit on behalf of a Montevallo Pastor who had warrants for his arrest and was listed on Shelby County's Most Wanted list because he was falsely accused of selling drugs. These warrants were based on bad information which was never corroborated. We generally believe it is not a wise idea to comment about pending litigation, but you can read about the lawsuit in various news reports around the state and several blogs have covered this story.

Our criminal defense practice has been extremely active as well as we have taken on a number of new clients charged with serious offenses. Regardless of whether someone feels an offense is "serious", it is always a wise idea to consult with an attorney. Many factors determine the potential penalties and fines. Although a Defendant may not end up with any jail time in a case they could be fined several thousand dollars for traffic offenses which puts an enormous strain on household finances. Simply discussing this situation with an attorney can help alleviate those worries.

We will check back in soon. Feel free to contact us with any general questions or more specific.

Recent Case Success - Felony Reduced to a Misdemeanor

We had a trial set for this Monday. However, we were able to get the case resolved as the charge was reduced from an identity theft to an attempted identity theft and a felony was avoided.

Reducing many theft charges to attempted thefts can save someone from getting a felony on their record. When you plea to a felony charge or are convicted of a felony you are potentially giving up many rights and putting a blemish on your record that cannot generally be undone.

Mental Illness and the Police

As both a criminal defense attorney and a civil rights attorney, I interact with a number of clients who have been diagnosed with serious mental illness. I also believe that I have represented many more clients over the years who have an undiagnosed mental illness.

Mental health issues are very important in my area of practice.

Just this morning I read about an officer in Washington State who was convicted of beating a man to death diagnosed with schizophrenia.

This is just one example of the police and mistreatment of those that are extremely vulnerable. Certainly better training would help but as we know many of our police departments are facing cutbacks of resources.

I firmly believe that one area that we should not skimp is in the area of mental health services. However, as we know many of our government officials ignore the strain that lack of resources in mental health have on our criminal justice system. Therefore, we continue to do the best we can in representing our folks and unfortunately get prepared to see more examples of mistreatment like that of Mr. Zehm in Washington.

Birmingham Man Wrongfully Convicted of Child Rape Freed -

Great read in this morning's Birmingham News

So much running through my head after this story. A couple of the "highlights"

1. Proof why we need good, ethical judges and prosecutors that will do the right thing when it has been discovered that egregious wrongs have been committed.

2. Unfortunately, it is quite possible that other wrongfully convicted folks are out there that went before the former Judge in this case.

3. Does Mr. Williams have any chance of success on the possible causes of action that exist in this case against any of the responsible parties?

Let us know your thoughts -

Deliberate Indifference to Inmate's Serious Medical Needs

We are involved in litigation in several incidents where our clients died or were seriously injured as a result of jails "deliberate indifference to the inmate's serious medical needs".

This issue is becoming more and more prevalent throughout the State of Alabama as budget constraint affect every town, municipality and County.

Inmates are being denied the most basic medical care as well as being subjected to serious overcrowding which only exacerbates the issues at hand. We have also seen a number of instances where clients have been denied or withheld from their anti-psychotic medications. This can cause problems for not only the inmates but pose a significant threat to jail staff and other inmates.

A judge often considers the medical conditions in determining whether or not to lower bond so keep that in mind if you have a loved one or family member in jail that are pre-trial detainees. If they have already been sentenced and they face these issues they often just need someone to bring these issues to the attention of jail or prison personnel.