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

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Miramonti

Lifer
Aug 26, 2000
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Congrats on the case, great job. :thumbsup:

As for the criticisms, everyone's got their own baggage to impose judgments on others, and the typical 'dirtbag lawyer' attack probably isn't worth attempting to defend one's integrity over it.
 

wkabel23

Platinum Member
Dec 7, 2003
2,505
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Originally posted by: Agentbolt
LOUD NOISES

Must suck to be so bitter.

Congrats on the case. I have to say that your defense of "Al" was probably a little bit unnecessary. Don't let hateful idiots bait you into a defensive mode. You know more about the case and this guy than anyways; be satisfied with knowing the truth.

Every time I hear about a case of police brutality it's quite depressing. These are the people who are supposed to "protect and serve" but some of them go around serving their own biases and misconceptions. I guess there's only so much you can expect...being a cop isn't the most desirable job and with the salary/risks there's not really a chance that you always get the smartest/best candidate.
 

BUTCH1

Lifer
Jul 15, 2000
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I myself, would not move if a cop has a gun drawn on me. It may be indeed that instinct urges one to "scurry" to safety
when a gun is pointed at them, but from the cop's perspective you might be going for a gun. I'm sure this was tramatic
for your client and the cops involved were asshats for the way they handed it, but 3/4 mil. for a false arrest??I'll sell you
a kidney for that!
 

CanOWorms

Lifer
Jul 3, 2001
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I think that it's quite honorable that you helped this man and untold others who could possibly have been harmed if the police were not penalized for their brutality.
 

Fraggable

Platinum Member
Jul 20, 2005
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Originally posted by: BUTCH1
I myself, would not move if a cop has a gun drawn on me. It may be indeed that instinct urges one to "scurry" to safety
when a gun is pointed at them, but from the cop's perspective you might be going for a gun.

I have no police record at all, but did have a police (3 of them actually) point a gun at me once. It's a long story but in short, my friend had just bought a real-looking BB airgun, it looked a lot like a revolver. We were in the car waiting for my friend's mom to get her hair done and he decided that was a great time to oil the new gun, so he opened the door and did it in the parking lot. Apparently someone saw him and called the cops, 5 of them showed up from all points of the parking lot and rushed the car with their guns drawn and had us all up against the car in seconds. In the 1 or 2 seconds I saw it coming, my instinct was not to run away, it was pure shock and disbelief.

The funny thing about it is my brother saw them coming and laughed when one of them stared yelling to get out of the car and and the ground. He thought it was some kind of joke. No one involved ahs ever let him forget that.
 

Capt Caveman

Lifer
Jan 30, 2005
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Congrats on winning the case!!! Ignore the ignorant trolls, the internet brings out the wannabe lawyers and psychologists.
 

umbrella39

Lifer
Jun 11, 2004
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Originally posted by: spidey07
Originally posted by: alkemyst
Originally posted by: spidey07
Not trying to troll...

He ran from the police. Don't do that. Purely his own fault and his decisions that lead to this course of action.

How many times must one repeat DON'T RUN FROM THE COPS! He chose his own path and chose the wrong one.

Not if you are looking at a $700k payout!

Yep, he played the victim mentality perfectly. Complete with the emotional tugs that somebody with a brain can see right through.

Still waiting for the man behind the curtain to pony up?
 

yh125d

Diamond Member
Dec 23, 2006
6,886
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Grats, good to see a non-frivolous lawsuit unlike most of the citizen vs state cases I hear about
 

josh0099

Senior member
Aug 8, 2004
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Originally posted by: Fraggable
Originally posted by: BUTCH1
I myself, would not move if a cop has a gun drawn on me. It may be indeed that instinct urges one to "scurry" to safety
when a gun is pointed at them, but from the cop's perspective you might be going for a gun.

I have no police record at all, but did have a police (3 of them actually) point a gun at me once. It's a long story but in short, my friend had just bought a real-looking BB airgun, it looked a lot like a revolver. We were in the car waiting for my friend's mom to get her hair done and he decided that was a great time to oil the new gun, so he opened the door and did it in the parking lot. Apparently someone saw him and called the cops, 5 of them showed up from all points of the parking lot and rushed the car with their guns drawn and had us all up against the car in seconds. In the 1 or 2 seconds I saw it coming, my instinct was not to run away, it was pure shock and disbelief.

The funny thing about it is my brother saw them coming and laughed when one of them stared yelling to get out of the car and and the ground. He thought it was some kind of joke. No one involved ahs ever let him forget that.

It is one thing to be in a car when cops come rolling in with guns drawn (Confined Space) and another to be in an open area where you have no ideal what is going on around you.

I also don't think cops would consider "scurry to safety" as going for a gun. Usually you have to make a motion that you are pulling something out.
 

Eos

Diamond Member
Jun 14, 2000
3,463
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I didn't notice any comments about the officer Hernandez. 6'6" and 270 pounds? They let you become a cop if you're that big?
 

alkemyst

No Lifer
Feb 13, 2001
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Originally posted by: Capt Caveman
Congrats on winning the case!!! Ignore the ignorant trolls, the internet brings out the wannabe lawyers and psychologists.

So tell us are you an ignorant troll, wannabe lawyer, or psychologist?
 

Capt Caveman

Lifer
Jan 30, 2005
34,543
651
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Originally posted by: alkemyst
Originally posted by: Capt Caveman
Congrats on winning the case!!! Ignore the ignorant trolls, the internet brings out the wannabe lawyers and psychologists.

So tell us are you an ignorant troll, wannabe lawyer, or psychologist?

:confused: Did I hurt your feelings? It's only the internet.
 

alkemyst

No Lifer
Feb 13, 2001
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Originally posted by: Capt Caveman
Originally posted by: alkemyst
Originally posted by: Capt Caveman
Congrats on winning the case!!! Ignore the ignorant trolls, the internet brings out the wannabe lawyers and psychologists.

So tell us are you an ignorant troll, wannabe lawyer, or psychologist?

:confused: Did I hurt your feelings? It's only the internet.

Not at all, no need to get defensive. I am just curious which group in this thread of the three you mentioned that you fall into.

You made the categories not me.
 

JEDI

Lifer
Sep 25, 2001
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Originally posted by: DonVito
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.

"The judge ruled as a matter of law that officers had probable cause to take Mr. Hixon into custody," Iverson said Thursday. "Clearly Mr. Hixon was not involved in the bank robbery. We never disputed that. Officers don't have the luxury of 20-20 hindsight or the luxury to evaluate every possible scenario in a situation like this."

um.. how did you win with the JUDGE saying things like this?!

and only a 8 person jury?

and congrats on your $250k fee! Can i borrow some $? :)
 

everman

Lifer
Nov 5, 2002
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Originally posted by: JEDI

"The judge ruled as a matter of law that officers had probable cause to take Mr. Hixon into custody," Iverson said Thursday. "Clearly Mr. Hixon was not involved in the bank robbery. We never disputed that. Officers don't have the luxury of 20-20 hindsight or the luxury to evaluate every possible scenario in a situation like this."

um.. how did you win with the JUDGE saying things like this?!

While they had probable cause to detain him, they used excessive force in doing so. It's an interesting case considering that they did have probable cause. I'm sure the decision will be appealed.

Personally I think law enforcement is going overboard in using stuff like pepper spray and tasers, considering that one of the officers was a veritable giant at 6' 2" 220 or so I can't see how they couldn't just cuff him rather easily. The victim certainly doesn't look like a very imposing character.

 
Feb 10, 2000
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I don't know that the City will appeal, actually. Nearly all of Judge Kyle's important decisions went against us, and I just don't see much in the way of viable appellate issues. There is essentially incontrovertible evidence that the cops lied about knowing about a black male suspect when they arrested Al, and at the end of the day I believe the jury's finding was based fundamentally on credibility. We will be happy to argue the case to the 8th Circuit if it comes down to that, but my hope is that they will just pay. We shall see . . .
 

JEDI

Lifer
Sep 25, 2001
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Originally posted by: DonVito
I don't know that the City will appeal, actually. Nearly all of Judge Kyle's important decisions went against us, and I just don't see much in the way of viable appellate issues. There is essentially incontrovertible evidence that the cops lied about knowing about a black male suspect when they arrested Al, and at the end of the day I believe the jury's finding was based fundamentally on credibility. We will be happy to argue the case to the 8th Circuit if it comes down to that, but my hope is that they will just pay. We shall see . . .

btw- $750k award and your fee = $250k thus the city pays $1M?!

Why?

thought lawyers fees come from the award?

ie:
750k award
you get 250k (33% :Q :Q :Q :Q WTF?!)
client gets 500k
 

alkemyst

No Lifer
Feb 13, 2001
83,769
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Originally posted by: JEDI


btw- $750k award and your fee = $250k thus the city pays $1M?!

Why?

thought lawyers fees come from the award?

ie:
750k award
you get 250k (33% :Q :Q :Q :Q WTF?!)
client gets 500k

The 33% a lawyer gets from a court trial doesn't include his costs. You are looking at walking away with about 50% of any 1 million dollar suit or less. Making copies at $5/page (once copy costs including labor) can easily ensure that.
 
Feb 10, 2000
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Originally posted by: JEDI
Originally posted by: DonVito
I don't know that the City will appeal, actually. Nearly all of Judge Kyle's important decisions went against us, and I just don't see much in the way of viable appellate issues. There is essentially incontrovertible evidence that the cops lied about knowing about a black male suspect when they arrested Al, and at the end of the day I believe the jury's finding was based fundamentally on credibility. We will be happy to argue the case to the 8th Circuit if it comes down to that, but my hope is that they will just pay. We shall see . . .

btw- $750k award and your fee = $250k thus the city pays $1M?!

Why?

thought lawyers fees come from the award?

ie:
750k award
you get 250k (33% :Q :Q :Q :Q WTF?!)
client gets 500k

Without getting into any information about our fee agreement with Al, the law provides that a successful plaintiff in a civil-rights case recovers his attorney's fees, in addition to his actual award. Our actual fees will probably be in the range of $400-450K.
 

Throckmorton

Lifer
Aug 23, 2007
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What made that judge so sure that race was not involved? The cops had no reason to believe he was a suspect, and when he told them they had the wrong black man they said "That's what you all say". If that isn't racism I don't know what is. The judge sounds like a corrupt scumbag.
 
Feb 10, 2000
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Originally posted by: Throckmorton
What made that judge so sure that race was not involved? The cops had no reason to believe he was a suspect, and when he told them they had the wrong black man they said "That's what you all say". If that isn't racism I don't know what is. The judge sounds like a corrupt scumbag.

I don't agree with some of Judge Kyle's decisions, but I respect him and don't agree he is a bad guy. I felt, in particular, that his decision to kick our our false arrest and false imprisonment claims was wrong as a matter of law. He may have done us a favor by kicking out our racial discrimination complaint, because in some ways I think it was more effective to let the jury reach its own conclusions regarding the officers' motivations rather than to directly argue that they were motivated by race.
 

pyonir

Lifer
Dec 18, 2001
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Saw that newest article in the Trib. I always look for quotes from that Parker guy. :p