Wednesday, October 08, 2008

Sorry, you don't get immunity when you're dead wrong

The city of Las Cruces, New Mexico, is on the hook for $255,000 of its citizens' hard-earned tax dollars.

That's how much they've agreed to pay resident James York, who was arrested by local officers in 2004 for calling a woman who took his parking space at a store a "bitch".

The city is settling because a Federal appeals court has ruled that the officers do not enjoy qualified immunity from litigation because York's Constitutional rights were violated in the incident, and additionally that York did not commit a crime simply by using an expletive towards a person, with no obvious intent to start a physical altercation. Cutting Mr. York a check now saves the city from trying to defend this slam-dunk case against them in court, where they would probably be slapped for even more damages.

York was booked on charges of disorderly conduct and resisting or obstructing an officer in the incident, which were later dropped once someone with brains saw what was going on.

The lawsuit that York filed cited the violation of his First and Fourth Amendment rights (It seems like only yesterday that we were discussing this very same topic. Oh, that's right, we were). He also asked for a damage award for injuries that occurred when one of the officers used an unapproved and excessively forceful arrest technique:

"Gallegos — contrary to his training, the documents state — "decided to use his own arrest technique in which he grabs and handcuffs the suspect before explaining that he is under arrest."
York reflexively drew back his arm, which Gallegos interpreted as resisting arrest. Gallegos executed an arm-bar takedown and York struck his head and shoulder on the pavement."


Of course, even though a quarter-million dollars of taxpayer money has now been siphoned off to make the lawsuit go away, the police department is arrogantly not bothering to disclose whether or not they've updated the training of their officers, if any punishment was handed out or even if the responsible parties happen to remain employed by the city:

"Police spokesman Dan Trujillo said the department had no comment and declined to answer questions about whether the incident led to any changes in training, if the officers involved were disciplined as a result or even if the officers are still with the force."

That's some fine accountability to your taxpayer employers, Dan. Keep up the good work.

If you cost your employer this much money, would it be likely that you would still have a position with them, and would they be shielding you from scrutiny of your actions?

I didn't think so.

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