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Settlement of federal case requires Indianapolis police to revise procedure

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As part of a settlement to a federal civil rights case, the Indianapolis Metropolitan Police Department will be instituting a new policy prohibiting police officers from interfering with civilians who are recording their actions.

The policy change was included in a settlement agreement with Indianapolis resident Willie King who was arrested in February 2011 after he used his cellphone to videotape police officers arresting another man. King was charged with resisting arrest, disorderly conduct and public intoxication.

Following a bench trial that found him not guilty, King filed a federal civil rights case against the city of Indianapolis and the police officers involved in the incident. The lawsuit, Willie E. King v. The City of Indianapolis, Jonathan M. Lawlis, Robert K. McCauley, Brad Alford, Michael B. Wright and David Miller, 1:11-cv-01727, was filed in U.S. District Court for the Southern District of Indiana, Indianapolis Division.

King claimed the city and the officers violated his First, Fourth and 14th amendment rights. In addition, he asserted the IMPD used excessive force against him and that he was a victim of false arrest and malicious prosecution.
 
The settlement was reached within weeks of King’s March 10, 2014, trial date. Along with requiring the city to implement a new policy, the settlement also awarded King $200,000 in damages.

“Willie King was wronged when the officers stopped his videotaping and took away his cellphone,” said King’s attorney Richard Waples. “We want to make sure that in the future police officers understand that people have the right to video record their actions.”

Within two months of signing the settlement agreement, the city’s police chief must issue a legal bulletin that explains officers should not interfere with civilians who are observing or recording their actions in public as long as these civilians maintain a safe and reasonable distance from the scene, do not interfere with the officers’ work, and do not pose a danger.

Waples, partner at Waples and Hanger, called the settlement an “important victory” and one that “secures the right of all citizens to observe and record police officers’ public actions.”

King began videotaping the officers during the February incident when he became concerned that they were physically abusing the young man they were handcuffing. He retrieved his cellphone from his vehicle and began digitally recording the incident. He first walked to his neighbor’s property, then proceeded to the neighbor’s front porch.

A police officer walked over to King and ordered him to handover his phone. When King did not, the officer grabbed King, tackled him to the ground and, with the help of another officer, confiscated King’s cellphone and arrested him.

King alleged his First Amendment right to observe and record the actions of government officials in public was violated when the police interfered with his videotaping. Also, he claimed his Fourth Amendment right against unreasonable seizure was violated when police threw him to the ground injuring his shoulder and forcefully confiscating his cellphone.
 
 

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  • good for them bad for us.
    Indiana up holds this behavior. the state police know they got it made.
  • man in a cop costume
    the only way for justice to prevail is to hold the man in the cop costume accountable in his individual capacity by claiming theft,assault and kidnapping. This is aside from the false arrest and malicious prosecution. File a claim in common law jurisdiction for damage and injury by the man who committed the acts of violence on you.
  • Right on
    You hit it on the head, Jack! The city has not admitted guilt, and this does not create binding precedent for any other city or police force in the country--they may continue to be abusive and get away with it until a higher court rules on a civil rights case making it law.
  • No Police
    Next time you Police Haters need help call a thug. Oh..the thug might already be there.
  • Should be fired
    The police officers who arrested King need to be removed from the police force.
  • The cops lose the recording
    The cops lose the video when it shows them to be at fault. It haened to me in Winfield, IL. The recording showed the cop was asleep in his car in the middle of the intersection. It never made it to court, and the Judge didn't give a rats ass.
  • Legal Bulletins Are Worthless
    Given experience in Florida recently. Now if it was a departmental order with declaration of disciplinary action, I might be more comfortable.
  • Police and cameras
    The police should be required to wear cameras at all times so that all of their actions are recorded. The reality is a significant % of police have gotten out of control, who believe themselves to be above the law. One of the few ways citizens can defend themselves is to make it mandatory that all police officers on duty wear cameras at all times.
    • No Police
      Who would the Legal Community sue if it weren't for the Police Community? Would we even need the Legal Community or the Criminal Justice System without Police? What a cost saving endeavor.
    • No Police
      We should stop hiring police officers and abolish any standing department. I'm positive this action will stop all of these abuses of power. I suppose society will love each other.
    • Free to be a jerk
      Police officers are never held accountable BY THEIR DEPARTMENT for violating the rights of civilians. The city settles and to show the officer was "falsely" accused it goes on to promote the officer. The promotion send a message that "we'd like more thuggery."
    • Yes
      He most certainly got off with the settlement. When a town, county, state, etc. settles they don't admin wrongdoing. The city's insurance will pay the settlement and the taxpayers are on the hook for both the insurance premiums and this thug of a cop's salary. He is most certainly still out and about violating people's rights. Rest assured, nobody was held accountable for this in any way, shape, or form. The city basically just says "well, we'll send out a memo to the police not to assault you and violate your rights"
      • Violations
        As a result of the settlement, did the officer's get off the hook for violating his rights? That would be a pity.

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        1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

        2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

        3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

        4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

        5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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