Tuesday, April 28, 2015

FTP

"Over the past four years, more than 100 people have won court judgments or settlements related to allegations of brutality and civil rights violations. Victims include a 15-year-old boy riding a dirt bike, a 26-year-old pregnant accountant who had witnessed a beating, a 50-year-old woman selling church raffle tickets, a 65-year-old church deacon rolling a cigarette and an 87-year-old grandmother aiding her wounded grandson.

"Those cases detail a frightful human toll. Officers have battered dozens of residents who suffered broken bones — jaws, noses, arms, legs, ankles — head trauma, organ failure, and even death, coming during questionable arrests. Some residents were beaten while handcuffed; others were thrown to the pavement.

"And in almost every case, prosecutors or judges dismissed the charges against the victims — if charges were filed at all. In an incident that drew headlines recently, charges against a South Baltimore man were dropped after a video showed an officer repeatedly punching him — a beating that led the police commissioner to say he was 'shocked.'

"Such beatings, in which the victims are most often African-Americans, carry a hefty cost. They can poison relationships between police and the community, limiting cooperation in the fight against crime, the mayor and police officials say. They also divert money in the city budget — the $5.7 million in taxpayer funds paid out since January 2011 would cover the price of a state-of-the-art rec center or renovations at more than 30 playgrounds. And that doesn’t count the $5.8 million spent by the city on legal fees to defend these claims brought against police. [...]

"The city’s settlement agreements contain a clause that prohibits injured residents from making any public statement — or talking to the news media — about the incidents. And when settlements are placed on the agenda at public meetings involving the mayor and other top officials, the cases are described using excerpts from police reports, with allegations of brutality routinely omitted. State law also helps to shield the details, by barring city officials from discussing internal disciplinary actions against the officers — even when a court has found them at fault. [...]

"Since 2011, the city has been involved in 102 court judgments and settlements related to allegations of civil rights and constitutional violations such as assault, false arrest and false imprisonment, making payouts that ranged up to $500,000. (The statutory cap can be exceeded when there are multiple claims in a lawsuit, and if there is malice the cap may not apply.) In 43 of the lawsuits, taxpayers paid $30,000 or more. In such settlements, the city and the officers involved do not acknowledge any wrongdoing. [...]

"Department officials said some officers were exonerated in internal force investigations, even though jurors and the city awarded thousands of dollars to battered residents in those incidents.

"For years, leaders in Baltimore’s Police Department, the nation’s eighth-largest, didn’t track or monitor the number of lawsuits filed against each officer. As a result, city officials were unaware that some officers were the target of as many as five lawsuits.

"The Sun’s findings include only lawsuits that have been settled or decided in court; dozens of similar cases are still pending. The city has faced 317 lawsuits over police conduct since 2011 — and recently budgeted an additional $4.2 million for legal fees, judgments and lawsuits, a $2.5 million increase from fiscal 2014. [...]

"A clause in the city’s agreements prohibits any public statement about the incident that triggered the lawsuit. Limitations on 'public statements shall include a prohibition in discussing any facts or allegations … with the news media' except to say the lawsuit has been settled, it states.

"The penalty for talking? City lawyers could sue to get back as much as half or more of the settlement. [...]

"According to city policy, officials are bound to defend officers as long as they follow departmental guidelines when using force to make arrests. An agreement between the city and police union guarantees that taxpayers will pay court damages in such cases.

"Although police officials declined to release individual personnel records, they did discuss the issue in broad terms, saying that from 2012 through July, the department received 3,048 misconduct complaints against officers. Of those, officials sustained 1,203 complaints — 39 percent — meaning investigators could prove the claims were true.

"That led to 61 resignations and discipline for more than 850 officers, measures ranging from written reprimands to suspensions.

"But in some cases that resulted in settlements or judgments, officers were not disciplined even after they were found liable in court."

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