Los Angeles Police Misconduct Lawyer, Los Angeles Police Brutality & Excessive Force Blog

Standards in Police Brutality Cases

2012-01-21T20:16:00.001-08:00

When determining whether the use of force during an arrestis reasonable, courts carefully balance "the nature and quality of theintrusion on the individual's Fourth Amendment interests against thecountervailing government interests at stake." Graham v. Connor, 490 U.S.386, 396 (1989). This analysis requires an examination of the following factorsset forth in the Supreme Court's ruling in Graham v. Connor: (1) the severityof the crime at issue; (2) whether the suspect posed an immediate threat to thesafety of the officers or others; and (3) whether the suspect was activelyresisting arrest or attempting to evade arrest by flight. Id. The "mostimportant single element" of this criteria is whether the suspect poses animmediate threat to the safety of the officers or others. Chew v. Gates, 27 F.3d1432, 1441 (9th Cir. 1994).

In addressing Defendants' Motion for Summary Judgment, theCourt notes the Ninth Circuit has held that "[b]ecause [the excessiveforce] inquiry nearly always requires a jury to sift through disputed factualcontentions, and to draw inferences therefrom, . . . summary judgment. . . inexcessive force cases should be granted sparingly." Santos v. Gates, 387F.3d 846, 853 (9th Cir. 2002); see also Liston v. County of Riverside, 120 F.3d965, 976 n.10 (9th Cir. 1997) ("We have repeatedly held that thereasonableness of force used is ordinarily a question of fact for thejury.").

By contrast, applying a Taser in dart mode (wherein dartsare shot at the suspect from some distance) achieves greater distance betweenthe contact nodes which can cause neuro-muscular incapacitation. In dart mode,the Taser's use is a Level 2 tactic to be employed only against aggressiveresistance. The district court did not differentiate between the possible modesof use, noting only that the Taser was discharged on Brooks's thigh, shoulder,and neck, causing "a level of force (whether once or three times) thathurt `extremely bad,'" and constituted a "quantum leap" from theprevious force employed. These comments suggest the district court thought theforce used was severe. We find this to be an overestimation that led the courtto err in finding excessive force.

In two recent decisions, we addressed excessive force claimsinvolving the use of Tasers. See Mattos v. Agarano, 590 F.3d 1082 (9thCir.2010) (per curiam) (holding that the use of a Taser stun on a suspecteddomestic violence victim while attempting to arrest her husband did not amountto excessive force); Bryan v. McPherson, 590 F.3d 767 (9th Cir.2009) (holdingthat shooting a Taser gun at a disoriented, half-naked man while stopping him fora seatbelt violation constituted excessive force).

The Bryan panelundertook a more detailed analysis of the quantum of force. The panel concludedthat the use of a Taser, in a manner equivalent to dart mode,"constitute[s] an intermediate, significant level of force that must bejustified by a strong government interest that compels the employment of suchforce." Bryan, 590 F.3d at 774 (internal quotation marks omitted).[12] InBryan, a police officer discharged his X26 Taser from a distance of approximately20-25 feet, embedding a barbed electrical probe into Bryan's arm. Id. at 771.The X26's powerful electrical pulse delivered an excruciating pain throughoutBryan's body and caused Bryan to lose all muscular control, fall face firstonto the pavement, shatter four front teeth, and suffer facial abrasions andswelling. Id. He also needed to have the electrical barb surgically removedfrom his flesh. Id. at 773. Because the pain inflicted by the X26 Taser was"intense, [was] felt throughout the body, and [was] administered byeffectively commandeering the victim's muscles and nerves," we held theX26 Taser to be "an intermediate or medium, though not insignificant,quantum of force." Id. at 774-75.[13]

The panel paid the "require[d] careful attention to the facts and circumstances of [this] case, including the severity of the crime at issue, whether the suspect pose[d] an immediate threat to the safety of the officers or others, and whether he [was] actively resisting arrest or attempting to evade arrest by flight," Graham v. Connor, 490 U.S. 386, 396, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989). We concluded that Officer Brian MacPherson used excessive force when, on July 24, 2005, he deployed his X26 taser in dart mode to apprehend Carl Bryan for a seatbelt infraction, where Bryan was obviously and noticeably unarmed, made no threatening statements or gestures, did not resist arrest or attempt to flee, but was standing inert twenty to twenty-five feet away from the officer. See Bryan v. MacPherson, 608 F.3d 614, 618 (9th Cir.2010). At the heart of our holding was the conclusion that the X26 taser and similar devices, when used in dart mode, constitute an "intermediate, significant level of force that must be justified by the governmental interest involved." Id. at 622. We nonetheless concluded that Officer MacPherson was entitled to qualified immunity from Bryan's 42 U.S.C. § 1983 suit, because this principle was not clearly established in 2005 when Officer MacPherson deployed his dart gun on Bryan. See id. at 629. A majority of the active judges of our court voted against rehearing en banc, and I concur.

Drone that crashed in Iran may give away U.S. secrets - latimes.com

2011-12-06T05:40:00.001-08:00

Best line ever. "I don't think this is a dagger pointed at the heart of democracy," said Loren Thompson, defense policy analyst for the Lexington Institute in Arlington, Va. "A lot of information about this aircraft was already known by foreign military intelligence officials."

http://www.latimes.com/la-fi-1206-drone-iran-20111206,0,5525354.story?track=latiphoneapp

Okorie Okorocha
Nationally Board Certified Trial Lawyer
Specialist Member, Calif. DUI Lawyers Assoc.
Toxicology/DUI Expert Witness
Email: OO@Bullcoming.com
Cell/Text: (626) 888-9117

U.S. Department of Justice on the Proper Use of OC Spray

2011-11-20T13:08:00.001-08:00

Oleoresin capsicum (OC). OC, a naturally occurring substance derived from the cayenne pepper plant, is classified as an inflammatory agent. On contact with OC, the mucous membranes of the eyes, nose, and throat immediately become inflamed and swollen. The symptomatic swelling produces involuntary eye closure due to dilating capillaries; nasal and sinus drainage; constricted airway; and temporary paralysis of the larynx, causing gagging, coughing, and shortness of breath. The extract of peppers causes the blood vessels to dilate and the blood to rush to the upper body; the skin appears inflamed, resembling a burn. OC's inflammatory properties purportedly render the agent more effective than CN and CS on violent, intoxicated, drugged, and mentally ill individuals. (The aggression is directed the disabled?)

See citations:

U.S. Dept of Justice

U.S. DOJ Study

Just a note. I represent good cops and the victims of bad ones. So I have a lot of experience in this area. Neither the University, nor any agency that employs police officers can fire them without a hearing and due process... I know... I know... It is just the law and it does help protect some good cops and whistleblowers... It is good that Pike has not been fired YET. That is something that could result in the officer suing and winning a huge judgment. BUT I want him arrested NOW. Okorie Okorocha Email: OO@Bullcoming.com

--

Kind Regards,

(New Address)

Okorie Okorocha
Nationally Board Certified Trial Lawyer
Specialist Member, Calif. DUI Lawyers Assoc.
Toxicology/DUI Expert Witness
Email: OO@Bullcoming.com

ABCNews.com: Okorocha Blasts Vicious Cops that Pepper Sprayed UC Davis Protesters

2011-11-20T07:12:00.000-08:00

Kind Regards,

Okorie Okorocha
Nationally Board Certified Trial Lawyer
Specialist Member, Calif. DUI Lawyers Assoc.
Toxicology/DUI Expert Witness
Email: OO@Bullcoming.com

Illegal Police Violence at U.C. Davis - Pepper Spray attack on sitting Occupy Student Protesters

2011-11-18T18:54:00.000-08:00

This blog post was created with dictation software and may contain minor errors

Summary

"Pepper Spray incapacitates and is only supposed to be used to stop a violent or attacking subject. Pepper spray stops you in your tracks with pain and you cannot open your eyes. You cannot move. You are incapacitated. This officer did not want the students to move.

Why would he use a weapon that incapacitates them, before moving them? He was setting them up for resisting arrest charges."
e
Text

The aggressive actions of the U.C. Davis Police on November 18, 2011 were clearly illegal and violative of the 4th amendment.; This was also a felony assault and battery that the officer committed under California Penal Code 245

Tear Gas is the proper police weapon for dispersing crowds and is generally considered to be an irritant and not as potentially lethal and painful as pepper spray.

Pepper Spray is one of the most painful chemicals you can experience and the hot pepper can give you severe pain and burning for up to two days.

Unlike Tear Gas, pepper spray has a resin that makes it stick to your eyes and membranes.

Imagine putting the hottest pepper you can imagine in your eyes and nose and throat. It is very hard to breathe and you CANNOT open your eyes.

Pepper Spray can cause permanent damage and even death.

Pepper Spray is only supposed to be used to stop an attack because it makes the person unable to see or move. It disorients them and debilitates them.

This officer did not want the students to move. If he did, he would have used tear gas. He was just hurting them because they were exercising their rights.

Why would he use a weapon that incapacitates them if he really wanted them to move?

Maybe because after he sprayed them, he started to move them while incapacitated just so he could FRAME THEM and CHARGE THEM with resisting arrest.

In this case, the police do not have the usual excuses I see, such as "it was a high crime area... We were dealing with known gang members... Minorities with baggy pants and shaved heads are dangerous... We thought he was reaching for a grenade launcher... We got a call of shots fired... The officer was in fear for his life."

In this case, the officer just stood there nonchalantly spraying kids sitting with their heads down.

Okorie Okorocha
Civil Rights Lawyer
Lawyer for Good Cops
Lawyer for victims of bad cops

UC Davis Cops home info and cell online

2011-11-17T21:12:00.000-08:00

This is all over the Internet:

Lieutenant John Pike

Records Unit Manager

Cell: 530-979-xxxx

japikxxxx@ucdavis.edu

Address: xxxx Cowell Blvd, Apt Xxx. Davis, CA xxxxx

Skype: japixxx

Okorie Okorocha

Nationally Board Certified Trial Lawyer

Specialist Member, Calif. DUI Lawyers Assoc.

Toxicology/DUI Expert Witness

Email: OO@Bullcoming.com

Cell/Text: (310) 871-3217

Santa Barbara DUI Travesty

2011-06-24T13:40:00.001-07:00

I explained to a Santa Barbara DA yesterday that my client has a document blood condition, that causes her to read high on blood alcohol tests, even when she is not drinking and we have tested and documented this through her doctor who is available.

Further, she was not at a .17 BAC that the blood test the government took shows because she was with someone that night who can say she only had two drinks.

The DA did not want to talk to the witness who was with her, see her medical records or talk to the doctor. He just listened to what I said and immediately, as though I had said NOTHING, replied:

"So when do you want to have the trial?"

It is extremely rare to find a prosecutor who cares of they are screwing innocent people.

--
Kind Regards,

Okorie Okorocha
Criminal Defense & Police Misconduct
Nationally Board Certified Criminal Trial Lawyer
Specialist Member - California DUI Lawyers Association
Certified Specialist, California State Bar Rule of Professional Conduct 1-400(D)(6)
Expert Witness - Drugs, Alcohol, Toxicology, Forensic Science & DUI.

www.CaseHelp.com

California Legal Team
117 E. Colorado Blvd., Suite 465
Pasadena, Ca 91105

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

Lawyers love to talk about themselves, it is always "me, I, me, I, me, I, I did, I did, I did, I did, I think, I think, I think..."

Criminalist Mix chop and Screw

2011-06-07T17:25:00.000-07:00

CCN Game Changers - Okorie "Dr. DUI" Okorocha Talks Breathalyzers- Part 2

2011-05-25T20:46:00.000-07:00

Dr. DUI explains the silliness of the California Supreme Court in the landmark DUI Case People v. McNeal (1)

2011-04-23T19:28:00.000-07:00

Dr. DUI explains the silliness of the California Supreme Court in the landmark DUI Case People v. McNeal (1)

Dr. DUI explains the silliness of the California Supreme Court in the landmark DUI Case People v. McNeal

by Okorie Okorocha on Saturday, April 23, 2011 at 7:25pm

The conversion from breath alcohol to blood alcohol is based on the chemistry principle of ‘Henry's law,’ which holds that there is ‘a constant ratio between the concentration of alcohol in the blood and the concentration of alcohol in the alveolar air of the lungs.’” People v. McNeal (2009) 46 Cal.4th 1183, 1191.
The use of Henry’s law here is a bit of a stretch. William Henry was a scientist in the very early 1800s and did not know what an Alveolus was.
Think about it for a second!!!
Here is what Henry's law says:
C=Khp
Henry's law can be put into mathematical terms (at constant temperature) as
where p is the partial pressure of the solute in the gas above the solution, c is the concentration of the solute and kH is a constant with the dimensions of pressure divided by concentration.[1] The constant, known as the Henry's law constant, depends on the solute, the solvent and the temperature.
Some values for kH for gases dissolved in water at 298 K include:
oxygen (O2) : 769.2 L·atm/molcarbon dioxide (CO2) : 29.4 L·atm/molhydrogen (H2) : 1282.1 L·atm/mol

David so what are the variables the Court did not consider?
16 hours ago ·
Kenton What was the holding? Is p v Bransford impacted?
9 hours ago ·
Okorie Okorocha Bransford did not allow the partition ratio variability evidence on the 23152B Count or the Count that say you cannot be over .08 or for the non-DUI nerds, this means evidence that breath does not accurately reflect blood levels, but this case changed the law to allow this evidence for the 23152A count which just says you cannot be "impaired" regardless of BAC. Very Confusing.
7 hours ago ·
Okorie Okorocha Hi David Hicks, I could write a whole book on this. But, breath results are published/determined as grams of alcohol per 210,000ML or breath, which is 2100 times blood results of grams per 100 ML of blood. This 2100 ratio was decided by committee and was never proven and is not true because the ratio is always changing. Also, BAC of breath grams per 210,000ml or for blood, grams per 100 ml is called a percentage. This is grams or MASS over milliliters or Volume. Percentage would really be mass over mass or volume over volume, so that is rubbish.

LAPD Police Flee Angry Mob la riots 1992

2011-04-23T12:09:00.000-07:00

Crazy story of CHP abuse/1983 Action Question

2011-04-21T23:55:00.001-07:00

An attorney appeared for me on this alleged "resisting arrest" case
against my model citizen client who flagged down a CHP officer only to
regret it as the worst mistake of his life.

She began to cry reading the police report.

This was a criminal police report written by the police officer and a
complaint the DA filed, she had never seen the client or met him
before, and was crying feeling bad for what happened to the
PERPETRATOR in the criminal complaint in the police report.

He is the one that contacted them about a traffic infraction.

Without going in to the details, the client did NOTHING, was not
threatening, but as a result, has 4 bulging disks, one of which is 8
or 9 millimeters, the doctor says he is close to losing bladder
function.

I would think a prosecutor would not have the gall to file a criminal
case like this in Simi Valley or some other haven for retired cops,
but this case was filed in Inglewood, Ca, the same Inglewood by LAX.
Yeah, that one.

DA who read the report that day, asked the attorney that appeared for
me if I would be kind and gracious enough to take a dismissal.

When the DA that filed the charges in running for Judge or gets
appointed, I will be sure to run against him on the above platform.

But, for now, does anyone know if there is immunity for the Los
Angeles DA's office and the DA that filed the charges?

This is adding insult to injury and obscene?

The 1983 action is getting started.

--
Kind Regards,

Audio Clips from Cross Examination at recent trials:
http://casehelp.com/blog/?p=149

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of
the way!" -Captain Motion-

Lawyers love to talk about themselves, it is always "me, I, me, I, me,
I, I did, I did, I did, I did, I think, I think, I think..."

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

www.CaseHelp.com

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

Virginia L. Landry suggested you like Law Offices of Virginia L. Landry, Inc.

2011-04-21T08:51:00.001-07:00

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Thank you,

Speaking Engagement on April 20, 2011

2011-04-20T19:28:00.000-07:00

METRO NEWS BRIEFS: CONNECTICUT; Judge Rules That Police Can Bar High I.Q. Scores - New York Times

2011-04-16T18:40:00.000-07:00

METRO NEWS BRIEFS: CONNECTICUT; Judge Rules That Police Can Bar High I.Q. Scores - New York Times

Ofcourse you cannot be smart and a cop. Why did this guy file a nonsense lawsuit?

Dr DUI is Back Killer Cross Examination The Mix Chop and Screw of a D...

2011-04-05T07:02:00.000-07:00

2011-04-02T17:07:00.001-07:00

Lawyer heads back to Torrance court as defendant

When he introduced himself as a new attorney looking to observe and gain some experience, Leonard Sawyer was welcomed into the Torrance courthouse a few months ago.

One veteran defense attorney even agreed to let him sit beside her and assist in a murder trial.

But something seemed strange about Sawyer, said the attorney, who asked that her name not be used.

"He kept coming up from behind and touching me in a manner I found highly offensive," she said. "I kept telling him, `Don't do that."'

As it turns out, the attorney wasn't alone in her complaint.

Sawyer is scheduled to return to the courthouse on Dec. 10, but this time as a defendant. The Torrance City Prosecutor's Office has charged him with misdemeanor counts of sexual battery, alleging Sawyer inappropriately touched women on Sept. 17 and 25.

The victims are all court personnel, including a deputy district attorney, a security guard and a court clerk, said Torrance Deputy City Prosecutor David Caceras.

Attempts to reach Sawyer were unsuccessful. He did not return telephone calls placed to the telephone number listed for him on the California Bar Web site.

His attorney, Ludlow Creary II, also was not available.

The State Bar site shows Sawyer has an office address on Santa Monica Boulevard in Century City. It states he earned his undergraduate degree from Southern Methodist University in Dallas and attended Loyola University School of Law

He was admitted to the bar on Dec. 2, 2008. He has no public record of discipline.

But some question whether the man who called himself Leonard Sawyer in court is the same Leonard Sawyer who has a Bar card.

When Sawyer arrived in the courthouse and introduced himself to a court reporter, the court reporter introduced him to a judge. The jurist then introduced him to the defense attorney, who suggested he sit alongside her.

Everybody was being nice. Nobody asked for any identification.

In the middle of the case, the defense attorney asked Sawyer to do some research. After he completed it, the veteran attorney said she wondered if he had gone to law school.

She said she showed his work to a prosecutor, who made the same observation.

In his report, Sawyer cited an 1857 case, when he could have listed something more recent, the attorney said.

"He just started doing weirder and weirder stuff," the attorney said. "He kept butting in on sidebar conferences and talking to everybody trying to make friends with people. I didn't think he was a real lawyer."

The defense attorney said Sawyer made court appearances for some other lawyers, resulting in some questionable decisions.

The attorney said that when someone asked to see his Bar card, Sawyer could not produce it. A brand new lawyer, the attorney said, would be carrying his Bar card as "a badge of honor."

"You sit and think, nobody asked for proof he was a lawyer," she said. "We just assumed he is."

~snipped~dailybreeze.com

--
Kind Regards,

Audio Clips from Cross Examination at recent trials: http://casehelp.com/blog/?p=149

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

""The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks." -Samuel Adams

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

www.CaseHelp.com

okorie@ufl.edu
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

2011-03-28T21:11:00.001-07:00

The Audio from the Bloodbath in San Diego that someone sent me is here in this email at the links below.

Check these out!!!!

Each file is at three links as the downloads are limited.

Part 1

http://mbf.cc/lB5y

or

http://mbf.cc/weXp

or

http://mbf.cc/4Hp8

Part 2

http://mbf.cc/l4zQ

or

http://mbf.cc/nK0g

or

http://mbf.cc/4y4p

Part 3

http://mbf.cc/pXP0

or

http://mbf.cc/5V7Q

or

http://mbf.cc/9tSn

Part 1

http://mbf.cc/lB5y

or

http://mbf.cc/weXp

or

http://mbf.cc/4Hp8

Part 2

http://mbf.cc/l4zQ

or

http://mbf.cc/nK0g

or

http://mbf.cc/4y4p

Part 3

http://mbf.cc/pXP0

or

http://mbf.cc/5V7Q

or

http://mbf.cc/9tSn

Okorie Okorocha

"Ready to fight to protect liberties. Just watch my back; I got the front"

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

""The liberties of our country, the freedoms of our civil Constitution are worth defending at all hazards; it is our duty to defend them against all attacks." -Samuel Adams

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

2011-03-28T06:48:00.001-07:00

You can rest assured that your government lawmakers are fiddle fartin'
around with minutiae such as correctional officers and cops that
smuggle messages, drugs, weapons and cell phones to inmates, but
simply: the cell phones.

http://www.presstelegram.com/opinions/ci_17694328

Article Title: A stronger law is needed to curb prison cell phones

Sent via BlackBerry from T-Mobile

--
Kind Regards,

Dr. DUI®

"Liberties are at peril. If you are not willing to fight, get out of the way!" -Captain Motion-

"Help defend liberties... Just watch my back... I got the front!"

Okorie Okorocha, Attorney
Nationally Board Certified Criminal Trial Lawyer

Toxicologist/Forensic DUI Alcohol and Drug Expert approved in Superior Courts
M. Sc. Forensic Science Candidate 2011

www.CaseHelp.com

okorie@gmail.com
(310) 871-3217
(626) 792-1301
(619) 321-8811
(949) 719-2649

toll free: 800 285 1763
toll free Fax: 888 286 1840

This is why we all MUST fight all DUI charges to the death .Help wanted — sixty-five million need not apply - Yahoo! News

2011-03-26T13:05:00.000-07:00

Help wanted — sixty-five million need not apply - Yahoo! News

This is why we all MUST fight all DUI charges to the death. "Prefiero morir de pie que vivir siempre arrodillado", which translates to "It's better to die upon your feet than to live upon your knees"

DNA Evidence, cold cases, eyewitness testimony frequently impact sex crimes in Los Angeles

2011-03-07T23:28:00.003-08:00

DNA Evidence, cold cases, eyewitness testimony frequently impact sex crimes in Los Angeles

Military Veteran charged as a sex offender for reading to school kids on Veteran's Day

2011-03-07T23:28:00.002-08:00

Military Veteran charged as a sex offender for reading to school kids on Veteran's Day

Former Health Inspector Convicted of Sexual Battery in Los Angeles

2011-03-07T23:28:00.001-08:00

Former Health Inspector Convicted of Sexual Battery in Los Angeles

School Administrator Faces Child Pornography Charges in Los Angeles

2011-03-07T23:28:00.000-08:00

School Administrator Faces Child Pornography Charges in Los Angeles

Restrictive probation requirements frequently lead to legal problems for Los Angeles sex offenders

2011-03-07T23:27:00.002-08:00

Restrictive probation requirements frequently lead to legal problems for Los Angeles sex offenders