Florida deputies to be tried for shooting disabled man

law news, legal news, verdict, settlementThe U.S. Court of Appeals for the Eleventh Circuit ruled that two Brevard County Deputy Sheriffs must stand trial for their shooting of an unarmed man inside his home, when family members asked law enforcement officers to Baker Act the disabled man. The appellate panel, consisting of Circuit Judges Adalberto Jordan, Britt Grant, and Frank Hull, reversed an order granting summary judgment in favor of the officers, finding that significant factual issues must be decided by the jury. The deputies fired thirteen bullets at the victim, eleven of which went through a closed door with the victim standing inside his home where he lived alone snice his elderly parents died two months earlier. Eight bullets struck Christopher Greer through the closed door, resulting in his fatal injuries at the scene. The case will now return to the District Court for the Middle District of Florida for a jury trial on the Civil Rights and excessive force counts.

The Eleventh Circuit held that “the task of weighing the credibility of police testimony against other evidence is the stuff of which jury trials are made.”

Plaintiff’s counsel and National Trial Lawyers members Douglas R. Beam and Riley H. Beam of Douglas R. Beam, P.A.  Benedict P. Kuehne and Michael T. Davis, of Kuehne Davis Law, P.A., and Marjorie Gadarian Graham issued a statement that “police shootings of innocent citizens are on the rise, and we applaud the Eleventh Circuit’s directive that juries are well-suited to the task of deciding whether the police are in fact responsible when using excessive force.” As the Eleventh Circuit explained, the “clearly established law” is that shooting a person through a closed door who has done nothing threatening and never posed an immediate danger violates the Fourth Amendment to be free from the use of excessive force.”

Plaintiff’s counsel are anxious to “bring this outrageous police shooting to a jury to hold the Brevard Sheriff’s Office responsible for this senseless disregard of a decent man’s life.”

NTL member Michael Pasternak gets $15M verdict in civil rights case

Michael B. Pasternak, Attorney at Law, Beachwood Ohio

Michael B. Pasternak, Attorney at Law, Beachwood Ohio

National Trial Lawyers member Michael Pasternak says he has secured a $15 million verdict in a civil rights lawsuit over the arrests and wrongful conviction of three men referred to as the “East Cleveland Three.” 

In 1995, Clifton Hudson was shot and killed on Strathmore Ave. in East Cleveland, Ohio. All witnesses to the murder described a single shooter on foot. Three of those witnesses were teenagers who saw the murder from inside their vehicle; those three teenagers were 17-year-olds Eugene Johnson and Laurese Glover and 16-year-old Derrick Wheatt, collectively known as the East Cleveland Three. Another witness, 14-year-old Tamika Harris, told the police that she never saw the shooters’ face and could only identify the style of jacket that the shooter wore. Pasternak says East Cleveland detectives were able to shape her lack of knowledge into a positive identification, which ultimately resulted in Eugene, Derrick and Laurese being convicted of murder and sentenced to 15 years to life. Pasternak says “The egregious conduct of the officers coupled with the complete lack of evidence, motive or coherent theory was remarkable.”

A few years after the trial, the state’s only eyewitness, Tamika Harris, recanted and embarked, along with attorney Brett Murner, on a crusade to clear the East Cleveland Three.  Sadly, for the appellate courts, Tamika’s recantation was not enough. But in 2013, Brett Murner and the Ohio Innocence Project uncovered proof that East Cleveland police buried evidence that corroborated the innocence of the East Cleveland Three. Finally, in 2015, after years of struggle and 20 years of imprisonment, Brett and The Ohio Innocence Project were able to win the release and cause the criminal cases to be dismissed.

Pasternak says he, along with Brett, Liz Wang and Mark Loevy-Reyes had the honor of filing and prosecuting the civil case. The case was assigned to Federal District Judge James Gwin. The plaintiffs asserted claims against the Cuyahoga County Prosecutor’s Office (which were settled prior to trial for $4,500,000) and claims against the East Cleveland detectives for hiding exculpatory evidence and the unconstitutional manipulation of Tamika Harris.  The lawsuit survived summary judgment and a trip to the 6th Circuit Court of Appeals. On November 15, 2018, the jury returned a verdict for $15,000,000, finding that the detectives violated our clients’ Constitutional rights, causing them to be wrongfully convicted.

Cleveland.com and clevescene.com have more on the verdict.

Sessions’ war on civil rights

Attorney General Jeff SessionsFrom a “zero tolerance” policy that separates migrant children from their families to walking back criminal justice reform, Attorney General Jeff Sessions is slowly undermining progress made in civil rights, according to a story at The Atlantic. After recusing himself from the Russia probe, Sessions has withstood the withering criticism of his boss, President Donald Trump, to enact a number of measures that reverse gains that have been made to ensure justice for all:

But behind the scenes, even as the president has agitated in public about firing his attorney general, Sessions is the true architect of much of what people believe to be Trump’s domestic-policy agenda. As implemented in recent decisions to curtail asylum grants, ramp up immigration enforcement, and dial back criminal-justice reform and voting-rights protections, this agenda is more than just the reversal of policies enacted during the Barack Obama era, which Trump promised during his campaign. Rather, from the Black Belt in Alabama in the 1980s to the farthest reaches of the border fence today, the Sessions Doctrine is the endgame of a long legal tradition of undermining minority civil rights.

Critics say Sessions is “rolling back civil rights progress” and killing reforms in policing, prosecuting and prisons. Author Vann R. Newkirk II says that Sessions’ history as a US attorney and senator from Alabama may explain his determined efforts to undermine decades of progress in civil rights.