The ability to safely, calmly, and professionally interact with the public without violence is an intrinsic and basic part of law enforcement. In a case settled this past Friday with the City of Minneapolis, Madia Law client Ernest Abbott alleged that on November 12, 2009, Minneapolis Police Officer Christopher Steward showed a lack of those essential skills, a shocking disregard for Mr. Abbott’s rights and dignity, and a disrespect for the laws of the United States. Mr. Abbott, who was 16 years-old and weighed 130 pounds, alleged that Officer Steward severely beat him, kicking and stomping on his head and face.
On October 16, 2012, Madia Law, on behalf of Mr. Abbott, sued Officer Steward (individually and in his official capacity as a Minneapolis police officer) in United States federal District Court. The Complaint included charges of unlawful arrest, unreasonable search and seizure, and excessive force, all in violation of the 4th Amendment of the United States Constitution. [click to continue…]
St. Paul Police Officer Jesse Zilge is at home this week, pending the results of an expedited internal affairs investigation. Video uploaded to Youtube on August 28th shows Zilge kicking an unarmed man in what appears to be either the face, throat, or chest. While the video clearly raises concern with regard to the officer’s conduct, it is particularly disconcerting in light of Madia Law’s recent jury trial victory against St. Paul Police Officer Adam Bailey, as it also raises the serious question of whether there is a pattern and practice of excessive force and police misconduct in the St. Paul Police Department.
Based on the video, it appears the victim will have a viable civil lawsuit against Zilge for excessive force, a claim made possible by the Fourth Amendment of the United States Constitution via Title 42 U.S.C § 1983. [click to continue…]
The City of Minneapolis has paid out more than $15 million in the last six years for lawsuits alleging police misconduct. In a one-two punch that will mean the end of the Minneapolis Police Civilian Review Authority (CRA), the Minneapolis City Council and the Minnesota State Legislature are currently taking steps that will likely see that amount increase as victims of police misconduct are left with little choice but to file similar lawsuits if they are to expect any meaningful independent oversight.
Minnesota police departments, like many across the nation, are rapidly expanding their use of video technology by individual police officers. Gone is the day when officers were limited to using traditional COPS-style dash-cams to record what was happening directly in front of their police cruiser. Individual officers can now wear cameras on their heads, which allow them to record virtually everything they see in the course of their duties. Police departments are also using a plethora of other technology to supplement video evidence. Such video documentation has been critically important in protecting police and providing crucial evidence; such as in this case from Burnsville, Minnesota.
Video screenshot: copblock.org
As video camera technology expands for police, however, so it does for the average citizen. Read More . . .
Minneapolis Police Sergeant David Clifford, 47, is the executive member of the SWAT team and a 19-year department veteran who has twice received the Medal of Valor. Last week, Clifford was charged with felony assault after he punched Brian Vander Lee in the head at Tanners Station in Andover. Clifford’s actions resulted in Vander Lee requiring life support and at least two brain surgeries. In addition to the serious criminal charges Anoka County has brought against Clifford, he will undoubtedly be named in a civil lawsuit as well. Although Clifford was off-duty, in an interview with the St. Paul Pioneer Press his criminal defense attorney alleged that Clifford was responding to Vander Lee’s “out of control” behavior. Such assertions, if maintained by Clifford, may have liability implications for the City of Minneapolis in a civil lawsuit against Clifford. Read More . . .
It’s been 3 years since Madia Law opened and I’m very grateful for the opportunities I’ve had to represent so many good and decent people going through tough times. I hope and believe that we’ve changed many lives for the better.
For our three year anniversary, we’ve expanded and updated the Madia Law website to hopefully provide more information to people looking for help with employment litigation and broader civil rights issues. I hope that the new website will be a strong resource for individuals who need quick information and will encourage them to seek further consultation and actual legal advice.
On September 26, 2009, Deshun Carter was barbequing in front of his house with his mother, father, and wife. Two officers arrived and told him to turn down the music coming from his vehicle. Carter immediately complied and told the officers that he was sorry for the music and wasting their time. He identified himself as the owner of the house and the vehicle, and gave the officers his identification. When an officer turned to run warrant checks, Carter stepped back toward his grill because his meat was burning. The officer became irate and shouted, “Where the fu** do you think you’re going – I’m not done with you yet.”
For nearly three years, Sean Lathrop was a star of the St. Cloud Police Department. Known as the “Golden Boy,” Officer Lathrop earned superlative performance evaluations, garnered high recommendations from community members, and quickly advanced to positions of responsibility.
Officer Lathrop’s ascent within the Department came to an abrupt end on May 12, 2009, when he disclosed his sexual orientation and requested to serve as an openly gay officer at the Minneapolis Gay Pride Parade. Within six months of that date, the Department disciplined Officer Lathrop five times, subjected him to three internal investigations, removed him from multiple positions of responsibility, placed him on a performance improvement plan, and awarded him the lowest possible marks on his performance evaluation. Officer Lathrop ultimately resigned from his position.