Idaho Criminal Lawyer & Attorney : Chuck Peterson Law Firm : Civil Rights, Trial, Felonies, Assaut, DUI : Boise, Idaho Falls, Pocatello, Idaho

 I happened to check out a blog entry tonight in which the Eleventh Circuit Court of Appeals decision in Buckley v. Haddock was reviewed.  In Buckley, Court ruled that an officer who used his taser on a handcuffed man arrested for a misdemeanor had NOT used excessive force.  The cop had ordered the man to get up off the ground, and threatened his with the taser.  Imagine this - the man who was on the ground crying, did not get up after being tased the first time, so the officer tased him again. And again. And again. Just like when your four year-old won't stop hitting his sister, so you have to hit him.  Right? Not excessively, of course.  Just a little whack to stop him from whacking his sister. Apparently that's the way they do it in the 11th Circuit.  I always wonder if the Judges who have sworn an oath to uphold "justice" would rule like this if it was one of their own family or friends on the ground twitching from the use of the "non-excessive force."

In ruling that the deputy did not use excessive force, the Court stated:

"Needless to say, officers acting alone may not always use any and all force necessary to complete an arrest without assistance. If Deputy Rackard had used more severe techniques (beaten [the motorist's] head with a club or shot him, for example), this case would be a different case. Here, the record shows that Deputy Rackard only used moderate, non-lethal force; and he did so only after reasoning with [the motorist], then after trying to lift [the motorist], and finally after repeatedly warning [the motorist]-a warning given before each use of the taser-that a taser would be used. In short, Deputy Rackard gave [the motorist] ample warning and opportunity to cease resisting before the deputy resorted gradually to more forceful measures. Even then, [the motorist's] injury was not great; and the deputy holstered his taser after using it briefly three times."

Here's an idea - let the drunk sit on the ground and call for assistance.  Too easy?  OK, just gently tase him then.

A friend of mine who is a preacher says that someday there will be justice, but until that day, there's "just us."  Check out the video and see what you think.

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I get at least three calls a week from folks who think their civil rights have been violated and want me to take their case. "Cause" might be a better description than case for the most part. So why is it so tough to get an attorney to take a civil rights case? Here are my Top 4 Reasons Most Civil Rights Cases Can't Find A Lawyer.

Reason number one - your civil rights have not been violated. The average person has a very broad view of his or her civil rights, much broader than provided for under the law. That view is almost always broader than the jury's view! In general, you have a civil rights case if someone, acting under color of state law deprives you of a personal right protected and guaranteed by the United States Constitution or a federal law. The most common personal rights include freedom of speech, the right to vote, due process of law, equal protection, and unlawful discrimination. Civil rights laws apply to persons acting under color of state law, and even that part is tricky. Sometimes a city or agency can be a "person" but not always.  Civil rights cases often involve police brutality claims, and claims against employers who retaliate against a public employee for some reason - like the cop in Chicago who won $900,000 against his former boss for retaliating against him when he tried to investigate police corruption.  One of my Trial Lawyers College Classmates represents firefighters who have suffered from sexual harassment and retaliation.  These types of cases have civil rights components.

Reason number two - the government has immunity from much of the stuff that otherwise would be a civil rights case. Immunity comes in two varieties - absolute and qualified. So, you cannot sue the judge who treated you poorly during a trial. He or she likely has immunity that protects him or her from a lawsuit. The same is generally true with law enforcement officers, unless you can show that they acted with reckless indifference to you.  Their immunity is likely not absolute - but qualified immunity may also keep you from collecting, if it applies.

Reason number three - your damages may not be enough to merit filing a lawsuit. OK - let's say that the cops locked you up for a day and that it was otherwise a violation of your civil rights (assume - due process). What money damages did you incur? Often when I ask this question the answer is "I lost a day's wages."  Civil rights cases, like every other civil case, requires a weighing of damages and liability against the time required to prevail. If the damages are not high enough to attract an attorney - good for you! You may have gotten a bad deal, but the harm did not likely ruin you. 

Reason number four - these cases are incredibly complex and very tough to win. Jurors want to trust the folks we end up suing in these cases.  So winning a judgment requires a lot of time and commitment by the trial lawyer. Years ago I tried a case in which my client (a deputy) had not been given a hearing before he was fired. An inmate under his supervision had killed himself, and the city blamed my guy because he had not apparently checked on the deceased every 15 minutes. I spent so much time on the case that by the day of trial I literally wished I had not taken it. I burned thousands of hours before we even got to pick the jury! In the end we won the case - but the difficulty of the case weighed on me for years. It is easier to run a race on a sunny day than in the mud and rain! And I felt wet and muddy after that "victory." On an hourly basis, my ultimate recovery worked out to about $10 an hour for all the time I spent.

So there they are - My Top 4 Reasons Most Civil Rights Cases Can't Find A Lawyer. Of course having said that - if you really HAVE a civil rights case maybe we can take your case. Got a question about your civil rights? Send us a comment or call us to talk about your situation.  We fight to protect your civil rights here in Boise, Idaho or wherever you may be.

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 Another week starts with a new focus - crime victims.  I am drafting a complaint in a case for a victim of a terrible crime.  She is young, and hurt and humiliated, and she is deserving of the very best chance at a future she can possibly have.  Our lawsuit may be that chance.  Crime victims are so frequently scarred emotionally and physically, and their ability to recover for their damages is almost always limited because the perpetrators so seldom have any money or property.  You see the problem with this system is simple - justice only comes in dollars on the civil side.  Great liability and huge damages will not result in any justice unless the defendant has something you can grab. There is that great line from To Kill A Mockingbird (I think!):  "Whatta' ya' got?  Give it ta' me!"  And that's my plan - take it all away from the guy who hurt her.  I probably won't be able to get it all - but this time - we are gonna' try. Victims like my client have huge problems in their futures.  They have problems trusting men and women in whom they would otherwise place trust.  They suck at relationships.  They do not complete what they start - like education and jobs.  And they have trouble parenting their own kids.  In general, they are left in a state of fear, self doubt and confusion.  So how can the system help?  Simple - give them the money they will need to get counseling, training, and education.  Compensate them for the lost earnings and opportunities that they will miss because of the crimes perpetrated against them.   Money.  There is nothing else on the civil side - and with the likely criminal outcome resulting in the perp spending a long term at a state warehouse - or penitentiary - he won't need that money as badly as the little girl whose life he so easily stole.  Wierd post for a criminal defense lawyer?  Yeah - I suppose, but most of us in the criminal court system are focussed on justice. Somedays justice takes a bite out of a guy like this.  Those tooth marks on his butt - those will be mine.  Complaint to follow.

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