Personal Injury Blog

Words Will Never Hurt Me Atlantic City Police Beating

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Oct 092013

The family of a student is suing Atlantic City police for a beating and mauling he took while outside of the Tropicana Casino. After the youth had some words with police at least four to five officers attacked him with fists, night sticks and even a police dog requiring over 200 stitches. Police claim the young man was resisting arrest.

According to ABC Local, “Court records show the K-9 officer has been involved had 15 prior complaints related to excessive force or assault, but he was exonerated in all those cases. That officer, Sterling Wheaton, still has five additional suits pending against him …

“…The mayor of Atlantic City called the video ‘disturbing’ and asked the state’s attorney general to oversee that investigation.”

A professor at the John Jay College of Criminal Justice commented upon seeing the video that the police dog was not necessary and constituted deadly force.

Man with Cerebral Palsy Killed in Jail Due to Jailor Neglect

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Sep 102013

The family of a Granite City, Illinois man with cerebral palsy is suing the local Village of Cahokia and 11 law enforcement officer for $1 million. The man was jailed for allegedly stealing a Walmart motorized vehicle and then a violent criminal was placed in the same cell.

According to the Belleville News Democrat, “Mark E. Luster, 42, of Cahokia, is charged with killing Timothy Johnson, 25, of Granite City, while the two were inmates at the Cahokia jail. The federal suit alleges jailers placed Johnson, Luster and another inmate in a two-person cell at the Cahokia jail on May 12, 2012, then ignored Luster’s threats to harm his fellow inmates …

“…Johnson was arrested on May 12 on suspicion of stealing a motorized cart from a Walmart next to his home, according to court documents. Due to his disability, Johnson needed crutches to walk … At some point, Johnson tried to get the attention of guards to help the third inmate who was having asthma-related health issues. Luster allegedly became angry with Johnson for requesting help, then killed him in the cell.”

According to court documents, Mark Luster had allegedly told jailors of his intent to harm his cellmates before this incident.

DC Police Accused of Knocking Over Motorbike Riders

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Aug 012013

There is a new lawsuit against Washington DC police officers alleging that they are knocking young black males off of their motorbikes.

According to WJLA, “Now, a number of former riders are speaking out about a tactic they allege D.C. police officers are using in order to discourage this type of riding. According to a recently filed $100 million class-action lawsuit against the city, some officers are reportedly chasing down and knocking riders off their bikes with their cruisers …

“Attorney David Shurtz does not condone illegal riding, but said that targeting riders with deadly force for a minor offense is outrageous and indicative of racial profiling.”

The Washington DC police were asked for comment and said they do not comment on pending litigation.

Source

http://www.wjla.com/articles/2013/07/motorbike-riders-file-lawsuit-against-dc-police-92144.html

Concord California Teacher Charged with Molesting 11 Students

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Jul 082013

Both criminal and civil charges have been filed against a Mount Diablo school district teacher in Concord, California. The 4^th and 5^th grade school teachers has been jailed and charged with 91 felony counts of molesting 11 former students between 2006 and 2013.

According to the Mercury News, “A lawsuit filed against the Mt. Diablo school district alleges that administrators ignored complaints of misconduct by Concord elementary schoolteacher Joseph Andrew Martin years before police began investigating him for child molestation.

“In a civil suit filed Monday morning against Martin, the school district and 10 unnamed mandated reporters, attorney Daniel Horowitz likens Woodside Elementary School teacher Joseph Andrew Martin’s classroom to Michael Jackson’s Neverland Ranch and writes that ‘numerous parents and teachers made reports to supervisors and other persons with both the ability and authority to protect the children and that these reports were largely ignored.’”

The teacher has pled not-guilty to all charges.

References

http://www.mercurynews.com/crime-courts/ci_23619460/lawsuit-alleges-mt-diablo-school-district-brushed-off

Setback in Austin Texas Wrongful Death Case

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Jun 042013

There has been a setback in the wrongful death case of the family of Byron Carter Junior against the local police department. The judge did not let some of the evidence to go to the jury.

According to My Fox Austin, “A federal judge didn’t allow memos by the offices of the Police Monitor and the Citizens Review Panel to be entered as evidence for the jury to consider … The memos recommended Austin police officer, Nathan Wagner’s termination because he violated department policy by using excessive force.

“They also said Wagner racially profiled two black men, Carter and Lee Webb. Both Officers Wagner and Jeffrey Rodriguez also testified to what happened May 30th, 2011.”

South Carolina Hospital Charged in Baby Gender Lawsuit

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May 152013

In South Carolina a hospital is being charge with irreversibly changing the gender of a baby. The lawsuit is being brought forward by the advocacy group, Southern Poverty Law Center and Advocates for Informed Choice.

According to Advocate.com, “The 16-month-old child, identified as M.C., was born with an intersex condition, where the child’s reproductive or sexual anatomy does not fit typical male or female classification. Most children with these conditions eventually develop as male or female, but M.C.’s phallus was removed in an attempt to make the child a girl, according to the Southern Poverty Law Center and Advocates for Informed Choice …

“… At the time of the surgery, M.C. was under the state’s care but living with guardians. The lawsuit charges that the doctors performed medical malpractice by failing to provide adequate information before proceeding with the surgery. M.C.’s guardians reportedly were not made aware of the significant risks of the surgery or the alternative of not having surgery at all. Currently, doctors and advocates recommend that intersex children be assigned a gender at birth, but are encouraged to hold off on any unnecessary surgery until they are old enough to self-identify with a gender.”

Football Helmet Maker Riddell Found 27-Percent at Fault

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Apr 182013

A jury in Colorado found football helmet maker Riddell 27-percent at fault in the sports injury of Rhett Ridolfi who suffered traumatic brain injury. The jury awarded $3.1 million to the family of the injured player.

According to Winnipeg Free Press, “In Colorado, the jury assessed 27 per cent of the fault for Rhett Ridolfi’s injuries, making it responsible for paying $3.1 million of the damages. Ridolfi’s lawyer Frank Azar said Sunday he’ll ask a judge to find Riddell responsible for paying all $11.5 million in damages …

“…Ridolfi’s family sued Riddell and his coaches after Ridolfi suffered a concussion in a Trinidad High School football practice. He wasn’t immediately taken to the hospital, and Azar said Ridolfi now has severe brain damage, plus paralysis on his left side. Three people reached confidential settlements before the verdict Saturday, but two coaches were still defendants at the trial.”

The jury found Riddell negligent in informing coaches and players about the dangers of concussion and not about the design of the helmet. Riddell has other lawsuits pending by thousands NFL players.

Big Bank Whistleblower Files Lawsuit

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Mar 062013

A former employee and whistleblower of alleged fraudulent practices has filed a wrongful termination lawsuit against Deutsche Bank AG. The former employee Gary DeDilectis said he repeatedly pointed out to his banking superiors potential fraudulent practices and was fired without warning as a result.

According to Fox Business, “Gary DeDilectis, who worked as a director of equity operations and asset servicing at the bank for more than four years, alleged that the bank violated the whistleblower protections of the 2002 Sarbanes-Oxley Act.

“In his lawsuit, filed in U.S. District Court in Manhattan, DeDilectis contended he was fired in January 2012 after repeatedly telling his superiors about ‘potentially fraudulent conduct’ by Deutsche Bank. His job was terminated ‘without warning or any explanation,’ he said.”

The lawsuit states that during the Thanksgiving 2011 break, bank systems were upgraded and as a result over $1 million in overcharges went to various clients who were unaware of the costs.

Catholic Priest Sex Abuse Lawsuits Continue to Roll In

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Feb 252013

I started blogging about the Catholic priest sex abuse lawsuits in 2007 and the hits just keep rolling in. Another lawsuit was filed Monday in Pennsylvania against Catholic church leaders for allowing Brother Stephen Baker to have access to teenagers he allegedly sexually assaulted.

According to WKBN.com, “Johnstown, Pa. attorney Richard Serbin filed a lawsuit Monday in Blair County Court for three unnamed alleged sexual abuse victims, who were molested by Baker while they were students at Bishop McCort High School. Baker was a religious teacher, baseball coach and athletic trainer at Bishop McCort and held the same positions at Warren’s John F. Kennedy High School.

“Serbin said Monday in a phone interview he has more than three clients that Baker abused and said he would likely add more to the lawsuit. He also said he expects more to come forward throughout the process.”

And if this wasn’t enough, far across the U. S. map in Hawaii six men are suing the Roman Catholic Diocese of Honolulu having claimed to have been sexually abused as youths by five priests.

According to Pacific Business News, “One of the men, Greg Owen, a Big Island farmer, appeared at a news conference Thursday arranged by Honolulu law firm Rosenberg & McKay, which filed the lawsuit in First Circuit Court. The other five plaintiffs were not identified.”

Just last week the embattled Cardinal Roger Mahony was deposed about a different set of Catholic priest sex abuse cases. And, now he is in Rome helping to choose a new pope.

After 20 Years in Prison Exonerated Man Sues State

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Jan 302013

Alvin Jardine III, after spending 20 years in prison in Hawaii is suing the State, Maui County, the Maui Police Department and the estate of Antonio Funes.

Jardine was convicted of sexual assault, kidnapping and burglary after jurors in two earlier trials could not agree on guilt or innocence.

According to the Maui News, “…Circuit Judge Joel August vacated Jardine’s convictions and ordered a new trial for Jardine based on the results of new DNA testing of a tablecloth draped over a papasan at the victim’s residence during the attack.

“Testing by an independent laboratory, using science developed after Jardine was convicted, excluded Jardine as a contributor of male DNA detected on three of four stains of body fluids on the tablecloth.”
Mr. Jardine is suing for false arrest and wrongful imprisonment.

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