Tag: lawsuits

Wyoming Cop Assaulted a Disabled 8-Year-Old, Then Deleted the Body Camera Footage, Lawsuit Claims

Last spring, a disabled Wyoming 8-year-old was assaulted by a school resource officer, who pinned the boy facedown on the floor of a school conference room seemingly unprovoked. According to a lawsuit filed by the boy’s family last week, after the incident, the resource officer deleted body camera footage showing the most egregious parts of the attack and even accessed the child’s private school records without his parents’ or school administrators’ knowledge.

Last February, an 8-year-old with a “diagnosed neurodivergent disability” was sitting in the principal’s office of Freedom Elementary School in Cheyenne, Wyoming, during the school’s lunch period. The boy, named in the suit as “J.D.,” had been doing this for days, in accordance with his Individualized Education Plan (IEP). The complaint states that Principal Chad Delbridge and another faculty member began to quietly speak to J.D. about comments he made to a school cafeteria cashier and whether he should apologize to the cashier. Deputy Benjamin Jacquot, the school resource officer, was standing nearby during the discussion. J.D. was calm during this period.

According to a report later filed by Delbridge, when J.D. stood up to return to class moments later, Jacquot grabbed J.D.’s arm. Delbridge had not asked for Jacquot’s assistance in any way. 

“J.D. was not a threat to himself or to anyone else. There was no reason at all for Deputy Jacquot to become involved with J.D. during this interaction with Principal Delbridge,” the lawsuit notes. “Deputy Jacquot, nevertheless, forcibly wrestled J.D. into a nearby conference room using an armlock where the assault grew violent.”

The suit claims that Jacquot repeatedly “slammed” J.D.’s face into the conference room floor, causing numerous lacerations and bruises. The undeleted portion of Jacquot’s body camera footage shows the 250-pound Jacquot pinned on top of 68-pound J.D.

“At this point, J.D. is bleeding from wounds on his face, and his smeared blood is visible on the video,” the complaint reads. “As shown on the video, Deputy Jacquot is out of control, pinning J.D. by his arms face down to the ground in a prone restraint position and yelling threats at J.D. J.D., meanwhile, is struggling to breathe, and is coughing.”

According to the suit, Jacquot screamed at J.D.: “Do you understand me! I should be taking you to jail!”

Eventually, Delbridge called J.D.’s father, Ishmael DeJesus, to pick him up. When he arrived, DeJesus asked Jacquot why he grabbed J.D. even though the boy wasn’t causing a disruption. 

“Because, as a law enforcement officer, that’s my primary function,” Jacquot replied.

The complaint further alleges that “immediately after his assault on J.D., Deputy Jacquot went to his vehicle, and, upon information and belief, destroyed evidence by deleting his body cam video which showed the most violent portion of the assault, as well as the footage of his improper intervention into and escalation of this situation.”

Later, Jacquot obtained J.D.’s “private and protected” school records and included excerpts of those records in the police report of the incident. An investigation from the school later concluded that Jacquot had “no need to access these records in his work with this situation.”

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NYPD ACCUSED OF FABRICATING DOMESTIC VIOLENCE SURVIVOR’S MURDER CONFESSION

A WOMAN WHO was charged with murdering her husband in 2020 sued the New York City Police Department, alleging that police officers fabricated the confession that was the basis of the case against her. The federal civil rights lawsuit also alleges that the Manhattan District Attorney’s Office obtained a search warrant for an email account she created to draw attention to her case — and never disclosed it, as required by law. 

Prosecutors dropped their case against Tracy McCarter last December, citing insufficient evidence. In the lawsuit, which was filed on November 2 in the Southern District of New York, McCarter said she had “sustained serious physical and psychological harm as a result of being wrongfully arrested, charged, imprisoned, searched, and prosecuted.” 

The lawsuit names four NYPD officers who were involved with the arrest and one investigator from the Manhattan District Attorney’s Office who worked on the case. All four of the police officers have previously faced civilian complaints of misconduct, though such allegations are famously hard to prove. A spokesperson for the NYPD declined to comment on whether any of the officers are being investigated in relation to McCarter’s case, citing the pending litigation. The district attorney’s office declined to comment on the allegation involving the undisclosed search warrant. 

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New York Marijuana Lawsuit Settlement Could Let Hundreds Of Dispensaries Open Soon, But Some Operators Are Wary

Hundreds of people impacted by cannabis-related criminal charges will finally be allowed to move forward with the pot-shops they had already been granted licenses for—if the terms of a settlement agreement filed Tuesday are approved.

With marijuana legalization in 2021, the state created a special class of license called the Conditional Adult-Use Retail Dispensary licenses (CAURD). The aim was to reward those most harmed by decades of harsh drugs laws with the first opportunity to enter the legal market.

That goal stalled in August, when a group of veterans sued the state, arguing that the CAURD program violated the law by not offering licenses to other social equity groups like women and veterans at the same time. An injunction preventing any new stores from opening has been in place since then.

At the time of the injunction, the state had already awarded 463 CAURD licenses, but just 23 dispensaries had opened. Thirty other licensees were close to opening dispensaries when the injunction halted their plans. Meanwhile, more and more illegal storefronts were popping up to fill the demand, as many as 8,000 by some estimates.

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Maryland Roommates File Lawsuit After Police Shot Their Dog During Alleged Illegal Home Search

“That’s what happens when you don’t answer questions,” a Prince George’s County police officer said as Erica Umana’s dog lay on the ground, paralyzed and bleeding out.

Minutes earlier, on a summer day in 2021, officers had shot Umana’s dog, a boxer mix named Hennessy, during a chaotic confrontation inside Umana’s apartment.

Now Umana and her roommates—Erika Sanchez, Dayri Benitez, and Brandon Cuevas—have filed a federal civil rights lawsuit against the Prince George’s County Police Department and several of its officers, saying the police had no right to enter their apartment, shoot their dog, and detain them. The lawsuit seeks over $16 million for allegedly subjecting them to excessive force, unlawful search and seizure, and false arrest.

“This case is an outrage. It is disgusting, disgraceful, and despicable,” William Murphy, an attorney representing the roommates, said in a press release Monday. “These officers outright abused and mistreated our clients, lied to unlawfully break into their house, manhandled them illegally, and shot their dog. And in utter disregard for the severity of their intolerable behavior, they laughed about it.”

The incident began on June 2, 2021, when Prince George’s County police officers arrived at an apartment complex in Landover Hills in response to a 911 call from a woman claiming two dogs had allegedly jumped on her and bit her.

Prince George’s County Cpl. Jason Ball encountered Sanchez sitting outside of the apartments, but she refused to answer any questions. Ball then threatened to arrest Sanchez for trespassing if she didn’t leave. On body camera footage, Ball said into his radio that he believed Sanchez lived in the apartment complex but that he was about to arrest her anyway because she refused to answer his questions—the first of several retaliatory threats and comments from Ball.

Sanchez walked off, and Ball and his partner went to knock on the door of the apartment where Sanchez, Umana, and the other lawsuit plaintiffs lived. No one answered.

“This would be open by now, by the way, if it wasn’t…,” Ball said to his partner, trailing off and tapping his body camera. “I used to open them all the time.” 

“Times have changed,” Ball’s partner responded.

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Eric Adams accused of sexually assaulting woman in 1993 in bombshell legal filing; accuser wants $5M

Mayor Adams has been accused of sexually assaulting a former colleague in 1993 in a lawsuit seeking at least $5 million filed just before the deadline for the Adult Survivors Act, The Post learned Thursday.

The accuser, whom The Post is not identifying because of the nature of the allegation, named the former cop as a defendant along with the NYPD’s transit bureau and Guardian Association in a lawsuit filed late Wednesday.

“Plaintiff was sexually assaulted by Defendant Eric Adams in New York, New York in 1993 while they both worked for the City of New York,” claims the 3-page summons, which does not give more detail on the alleged assault.

The filing alleges “sexual assault, battery and employment discrimination on the basis of the Plaintiff’s gender and sex, retaliation, hostile work environment and intentional infliction of emotional distress” — and seeks damages no less than $5 million along with attorneys’ fees.

City Hall was quick to deny the allegations, which were first revealed by The Messenger

“The mayor does not know who this person is,” a spokesperson said. “If they ever met, he doesn’t recall it.

“But he would never do anything to physically harm another person and vigorously denies any such claim.”

Attempts to reach the accuser were not immediately successful Thursday, and her attorney did not respond to messages.

The Adult Survivors Act, signed into law by Gov. Kathy Hochul in May last year, removed the usual time constraints to sue over alleged sexual assaults for a one-year period, opening the floodgates for a torrent of civil lawsuits against powerful men, including former President Donald Trump and Bill Cosby.

At least 2,600 claims have been filed in state courts under the ASA, including several lawsuits brought this week against such high-profile defendants as Guns N’ Roses frontman Axl Rose, Academy Award winner Cuba Gooding Jr. and celebrity photographer Terry Richardson.

Adams, 63, has never been married but has a 27-year-old son, rapper Jordan Coleman, with his ex-girlfriend, Chrisena Coleman.

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Pfizer ‘Knowingly Distributed’ Adulterated Drugs to Children: Lawsuit

Pfizer and one of its partners distributed a medication to children despite having knowledge that the drug was adulterated, according to legal action unsealed on Nov. 20.

Pfizer and Tris Pharma distributed Quillivant XR, a drug for children aimed at treating attention-deficit/hyperactivity disorder (ADHD), even though the companies knew the drug did not meet federal standards, the lawsuit from Texas Attorney General Ken Paxton says.

The U.S. Food and Drug Administration (FDA) approved Quillivant in 2012 but soon after its approval, the drug failed quality control tests, according to the suit.

Instead of investigating the root cause, as required by federal rules, Tris repeatedly changed testing methods allegedly to try to generate positive results, Mr. Paxton’s probe found. Tris was “under financial pressure” to “rapidly increase production” and did ramp up production but “without adequate controls,” the suit states.

Quillivant comes in powder form and is reconstituted by pharmacists with water.

The medication is a schedule II controlled dangerous substance, and suppliers are required by the FDA to ensure display of a black box warning about abuse and dependence, and the potential side effects which include nausea, vomiting, and insomnia. It was developed by Nextwave Pharmaceuticals, and was acquired by Pfizer in May 2012.

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Elon Musk Announces “Thermonuclear” Lawsuit Against Media Matters

In a bold statement issued early Saturday, Elon Musk announced his intention to take aggressive legal action against Media Matters, a non-profit organization that pushes for online censorship. He accused the group and its associates of grossly distorting the user experience on his social media platform, X.

Musk’s planned lawsuit, which he describes as “thermonuclear,” targets not only Media Matters but also “all those who colluded” with them.

Musk’s response comes in the wake of a Media Matters report published on Thursday.

The report alleged that on X, advertisements from prominent companies like Apple, Disney, factions of NBCUniversal, IBM, Oracle, and Comcast were being displayed alongside content promoting “antisemitic conspiracy theories.”

In a fiery critique, Musk condemned these allegations as a blatant attempt to tarnish X’s reputation. He asserted that such attacks stem from a broader agenda to suppress free speech.

Musk views the actions of Media Matters and similar groups as part of a concerted effort by certain activist organizations and legacy media to stifle the freedom of expression on X.

According to Musk, these entities perceive X as a significant threat to their ideological narratives and the interests of their financial backers.

Further, Musk highlighted the tactics used by these groups, which he claims involve manipulating advertisers on X through deceptive means. By doing so, they aim to jeopardize the platform’s revenue streams.

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State-Licensed Pot Suppliers Say Federal Prohibition Is Unconstitutional As Applied to Them

A lawsuit filed late last month in the U.S. District Court for the District of Massachusetts argues that the federal marijuana ban is unconstitutional as applied to the intrastate operations of state-licensed cannabis suppliers. That claim is similar to one that the U.S. Supreme Court decisively rejected in the 2005 case Gonzales v. Raich, which involved state-authorized medical use of marijuana. But the plaintiffs in Canna Provisions v. Garland—a pot shop chain and three other Massachusetts marijuana businesses—argue that several developments since then undermine the logic of that ruling.

In the 2005 case, Angel Raich and Diane Monson, two patients who used marijuana for symptom relief in compliance with California law, argued that Congress exceeded its authority “to regulate commerce…among the several states” when it purported to ban noncommercial production and possession of cannabis that never crossed state lines. Monson grew her own marijuana, while Raich relied on two caregivers who grew it for her.

It may seem obvious that the power to regulate interstate commerce does not cover conduct that is neither commercial nor interstate. But the Supreme Court had held otherwise in the 1942 case Wickard v. Filburn, which involved an Ohio farmer who exceeded his wheat quota under the Agricultural Adjustment Act of 1938. Although Roscoe Filburn planned to use the extra wheat “wholly for consumption on the farm,” the Court unanimously ruled that the collective impact of such decisions on interstate commerce was enough to justify the rule he violated.

When farmers grow wheat for their own consumption, the justices reasoned, that has “a substantial influence” on the interstate “price and market conditions” that Congress sought to regulate. “Even if appellee’s activity be local and though it may not be regarded as commerce,” Justice Robert H. Jackson wrote for the Court, “it may still, whatever its nature, be reached by Congress if it exerts a substantial economic effect on interstate commerce.”

Writing for the majority in Gonzales v. Raich, Justice John Paul Stevens applied similar reasoning to the federal ban on marijuana. “Our case law firmly establishes Congress’ power to regulate purely local activities that are part of an economic ‘class of activities’ that have a substantial effect on interstate commerce,” Stevens wrote. Wickard, he said, “establishes that Congress can regulate purely intrastate activity that is not itself ‘commercial,’ in that it is not produced for sale, if it concludes that failure to regulate that class of activity would undercut the regulation of the interstate market in that commodity.”

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He Was Strip-Searched and Jailed for Criticizing Cops. Now He’s Fighting Back in Court.

In July 2017, Louisiana woman Nanette Krentel was shot in the head and left in a burning house. More than two years passed before anyone was arrested. That person, however, wasn’t alleged to be the murderer. Rather, the sole arrest related to Krentel’s death was that of Jerry Rogers Jr. His crime: criticizing the St. Tammany Parish Sheriff’s Office (STPSO) for its slow investigation of the case, which remains unsolved.

Naturally, Rogers sued the department for violating his rights. In August, the U.S. Court of Appeals for the 5th Circuit ruled that his lawsuit against Sheriff Randy Smith, Chief Danny Culpeper, and Sgt. Keith Canizaro may proceed, confirming they violated clearly established law when they punished Rogers for his speech.

In 2019, the STPSO caught wind that Rogers had denounced the lead investigator, Detective Daniel Buckner, whom Rogers characterized in an email as “clueless.” To pore over his messages, the police obtained what was likely an illegal search warrant, as it listed the qualifying offense as “14:00000,” which does not exist.

Police then arrested, strip-searched, and detained Rogers. He was ultimately released on bond, and the Louisiana Department of Justice declined to prosecute the case. But the primary goal was likely retaliation by humiliation: Before Rogers was booked, the cops publicized a press release about his arrest. Canizaro testified that this was the only time he could remember the office following that order of operations. They also filed a formal complaint with Rogers’ employer, another action that Canizaro said the STPSO had never taken.

Lawyers with the district attorney’s office told police it would be unconstitutional to use Louisiana’s criminal defamation statute to arrest Rogers; the statutory language protecting public officials from criticism was rendered unconstitutional decades ago. Despite this warning from prosecutors, officers not only forged ahead with the arrest, they also sought qualified immunity when Rogers sued. This required them to attest that no reasonable officer could have known that what they were doing was unconstitutional.

The 5th Circuit rejected their argument, and its ruling buttresses the notion that victims are entitled to recourse when the government retaliates against their speech.

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Illinois Family Files Lawsuit After Police Execute Wrong-Door Raid and Allegedly Detain Them for 6 Hours

A family in Joliet, Illinois, says they were terrorized by police, held at gunpoint, and detained for six hours after officers executed a search warrant on the wrong house.

A federal civil rights lawsuit filed Wednesday by the law offices of Al Hofeld Jr. accuses the town of Joliet and nearly two dozen police officers of unlawful search, excessive force, false arrest, and conspiracy, among other rights violations.

On November 2, 2021, 62-year-old Adela Carrasco and her family were awakened by the sound of banging and shouting at their front door. Carrasco, whom her lawsuit says suffers from asthma and uses a cane due to a hip injury, hobbled toward the door to see what the commotion was.

Carrasco discovered 21 armed law enforcement officers from the Joliet Police Department, Will County Sheriff’s Office, and U.S. Marshals Service. The officers were investigating a deadly Halloween-night shooting two days prior and had decided to execute an outstanding warrant for 18-year-old Elian Raya, one of Carrasco’s grandsons.

“I asked them to show me a warrant; they didn’t show me nothing. They just pushed me aside and went in,” Carrasco said at a press conference Thursday announcing the lawsuit. “And I’m screaming at them the whole time to put down their guns because they’re going to shoot my grandkids.”

The lawsuit says the officers barged into the bedrooms of Carrasco’s grandchildren, who ranged in age from 12 to their early twenties, and pointed guns at them while shouting obscenities.

There was only one problem: The search warrant for Raya listed his address as 226 South Comstock. Carrasco lived at 228 South Comstock. The building is a duplex with two separate front entrances, both with addresses clearly marked.

The lawsuit alleges that although officers knew or quickly realized that they were not in the right unit, they continued to ransack Carrasco’s house, cutting open couch cushions, flipping mattresses, and dumping drawers. 

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