What do you all think of my police excessive force case?

[Don Vito Corleone]

I am currently in trial on a police excessive-force case in which I represent the plaintiff. My client is a well-educated (he has an undergrad degree in EE, with all but thesis for a master's in software engineering) certified construction engineer who owns his own construction firm. He is black. He was forcefully arrested and pepper-sprayed by police responding to a suspected armed robbery committed by a white man.

An article about our case is here.

I am curious what people make of this. Obviously you are unable to review all the evidence, but based only on what you see in that article (which is essentially fair and accurate in my view), what say the members of ATOT? Who would you be inclined to side with, and, if you find in his favor, what kinds of damages would you consider awarding? Keep in mind it is undisputed that he suffers from severe post-traumatic stress disorder and depression (even the doctor hired by the defense attorneys concurs with these diagnoses), and also has various physical injuries, though none are especially severe.

Also, the evidence strongly suggests that the police are lying about some significant details of his arrest, and we will probably be allowed to pursue punitive damages.

EDIT: We won one of the biggest verdicts in a police case in state history, including the largest-ever punitive damages award.

ANOTHER EDIT: The local paper just ran another big article about Al - check it out.

FINAL EDIT: The City of Golden Valley appealed our judgment, but today we settled the case for a total payment of more than $1.1 million. Read more here. I am very pleased. Our total award had been a bit over $1.2M, including attorneys fees.

 

[MartyMcFly3]

It's hard to form an accurate opinion on the officers' actions without being there firsthand or being involved in this case. From the sounds of it in the article, it was excessive, but there could be a valid reason the officers did what they did.

 

[K1052]

Provided the article is accurate to the details of what happened and I was on the jury I'd probably decide in favor of the plaintiff to the tune of several hundred thousand dollars.

 

[Mike2002]

I'd say he definitely deserves some money and what he's asking for doesn't seem too excessive. I'd say any more than that would be though. The police realized they got the wrong guy at the scene, yet they still took him to the police station. That's pretty messed up I'd say. Maybe the police made an honest mistake and he was at the wrong place at the wrong time...he shouldn't have been treating like that once they figured out they were wrong.

 

[Squisher]

My first question is what did the service station owner say he saw?


Edit: Maybe I'm too materialistic, but I don't often run away from my sports car when the police approach me.

 

[se7en]

If I were a juror somebody would be paid and the fine police of Golden Valley would be fitting the bill.

I guess the thing that got me was the article suggests the inital call reported a white suspect so why were they arresting black people at that gast station? It even says they arrested some black dudes in a van too? WTF made them even think to go to that gas station? Or was it the black man filling up a Jag?

Of course as stated I dont know all the details but with what is provided I can't even fathom how he would not win this one. Hopefully he is ok and can get over this BS ordeal without getting too jaded from it.

Hope his family is doing ok with all of this as well.

 

[Don Vito Corleone]

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[poopaskoopa]

If that's the fair description of what happened, then I'd side with the plaintiff. I have no idea how much money can be won from it, but if I were in his shoes I'd like have all my medical expenses paid, and I'd like to be compensated for the time I have to spend doing that stuff. That, and I'd like to see the a-holes who did that reprimanded and/or fired.

 

[MikeyIs4Dcats]

you know, as an attorney, you probably shouldn't be posting this online during a trial...

 

[Don Vito Corleone]

Originally posted by: MikeyIs4Dcats
you know, as an attorney, you probably shouldn't be posting this online during a trial...

Everything I have posted is a matter of public record. I am just interested in people's reactions to it.

 

[waggy]

sounds like the police really fucked up. it was a white man that robbed the bank yet they go after the black man? yeah that makes you wonder.


really makes me wonder why they went after him when they were looking for a white guy. thats just weird.

 

[MikeyIs4Dcats]

Originally posted by: DonVito

Originally posted by: MikeyIs4Dcats
you know, as an attorney, you probably shouldn't be posting this online during a trial...

Everything I have posted is a matter of public record. I am just interested in people's reactions to it.

even the post you deleted

 

[Don Vito Corleone]

Originally posted by: MikeyIs4Dcats

Originally posted by: DonVito

Originally posted by: MikeyIs4Dcats
you know, as an attorney, you probably shouldn't be posting this online during a trial...

Everything I have posted is a matter of public record. I am just interested in people's reactions to it.

even the post you deleted

That was also all evidence that has been aired in court, but on balance I felt it was too advocacy-oriented so I pulled it.

 

[bctbct]

"Ron Feist, who manages the service station, told police that the man handcuffed in the back of their squad car was a long-time customer who wasn't involved in the bank robbery. Hixon was still taken to the police station and booked for obstructing justice before paramedics arrived and had the handcuffs removed about an hour later."

I would so penalize...hope you win.

edit...why the post stress? I dont think much of that ideal.

 

[ric1287]

There has to be more to this than that. Despite what most "stick it to the man" people would think, police just don't attack random black people on the street. Why did he run? Did he do anything wrong?

If i were a police officer, ordered to apprehend 2 black males somewhere, and i saw a black male running, i would probably do (to some extent) the same thing. Isn't that just common sense?

 

[waggy]

Originally posted by: ric1287
There has to be more to this than that. Despite what most "stick it to the man" people would think, police just don't attack random black people on the street. Why did he run? Did he do anything wrong?

If i were a police officer, ordered to apprehend 2 black males somewhere, and i saw a black male running, i would probably do (to some extent) the same thing. Isn't that just common sense?

see part of that is the problem. they were after a WHITE GUY.

 

[bctbct]

Originally posted by: ric1287
There has to be more to this than that. Despite what most "stick it to the man" people would think, police just don't attack random black people on the street. Why did he run? Did he do anything wrong?

If i were a police officer, ordered to apprehend 2 black males somewhere, and i saw a black male running, i would probably do (to some extent) the same thing. Isn't that just common sense?

did you read the article? suspect was white

 

[ric1287]

Originally posted by: waggy
sounds like the police really fucked up. it was a white man that robbed the bank yet they go after the black man? yeah that makes you wonder.


really makes me wonder why they went after him when they were looking for a white guy. thats just weird.

Iverson said that two black men in a van at the service station were also arrested as accomplices and that Hixon was seen moving away from the van.

Did either of you read it?

also* The post stress stuff is out of place. Usually you see the trailor trash/ghetto defendants looking for that to milk every dime they can. This guy has money, why is he trying to weasel out more?

 

[Vic]

Originally posted by: K1052
Provided the article is accurate to the details of what happened and I was on the jury I'd probably decide in favor of the plaintiff to the tune of several hundred thousand dollars.

Agreed.

You can see the mix-up on the part of the police. The accomplishes were at the gas station and Hixon was wrong place wrong time for sure. But the police did nothing to prevent the mix-up nor to resolve it once discovered.

 

[mugs]

The article kind of glosses over the details... Did he resist?

 

[waggy]

Originally posted by: ric1287

Originally posted by: waggy
sounds like the police really fucked up. it was a white man that robbed the bank yet they go after the black man? yeah that makes you wonder.


really makes me wonder why they went after him when they were looking for a white guy. thats just weird.

Iverson said that two black men in a van at the service station were also arrested as accomplices and that Hixon was seen moving away from the van.

Did either of you read it?

yeah i did...but i been drinking and doing a lot of drugs! yeah t hats it...



that shouldnt matter much anyway. teh manager (owner?) said he was with them. not to mention he had his own car there.

the cops ignored evidance saying eh was not part of it and still arrested him.

cops are at fault. though i can see why they talked to him (though they did also arrest the 2 that they were told to watch out for)

 

[bctbct]

Were the 2 that were arrested as accomplices get convicted?

 

[pulse8]

Originally posted by: waggy

Originally posted by: ric1287
There has to be more to this than that. Despite what most "stick it to the man" people would think, police just don't attack random black people on the street. Why did he run? Did he do anything wrong?

If i were a police officer, ordered to apprehend 2 black males somewhere, and i saw a black male running, i would probably do (to some extent) the same thing. Isn't that just common sense?

see part of that is the problem. they were after a WHITE GUY.

Yeah, that's the part that gets me. Since they weren't looking for a black guy this incident should have never even come close to happening.

If it was just the police communicating poorly to their officers the race of the person they were looking for I still believe they should be held accountable to that mistake.

 

[FoBoT]

to me, post-traumatic stress disorder == life, so i wouldn't give him any monetary damages for that

so he didn't resist at all, why does the article say he "panicked" ? he was totally passive and they pepper sprayed him after he was in handcuffs? he wasn't freaking out or moving at all?


i would find in favor of the plaintiff and award damages = court costs + legal fees + medical fees he already has paid (but no money to pay ongoing medical costs, see my comment about life sucks for everybody at the beginning) + $1

 

[ric1287]

Originally posted by: waggy

Originally posted by: ric1287

Originally posted by: waggy
sounds like the police really fucked up. it was a white man that robbed the bank yet they go after the black man? yeah that makes you wonder.


really makes me wonder why they went after him when they were looking for a white guy. thats just weird.

Iverson said that two black men in a van at the service station were also arrested as accomplices and that Hixon was seen moving away from the van.

Did either of you read it?

yeah i did...but i been drinking and doing a lot of drugs! yeah t hats it...



that shouldnt matter much anyway. teh manager (owner?) said he was with them. not to mention he had his own car there.

the cops ignored evidance saying eh was not part of it and still arrested him.

cops are at fault. though i can see why they talked to him (though they did also arrest the 2 that they were told to watch out for)

what?

anyway, typically the police don't wait to act when trying to contain someone they think is dangerous. Did you want them to interview everyone in the store before tackling the guy running? That makes perfect sense.