Topic: Police Brutality

Your North Carolina Injury is Not the End of the World (Probably)–or At Least You Won’t Feel This Unhappy Forever

May 26, 2013, by Michael A. DeMayo

You’re deeply depressed by your recent North Carolina injury. Whether some idiot in a truck bashed your car by blowing through a stop sign, or a doctor misread your chart and gave you a medication that made you literally sick to your stomach, you are in pain. You are angry; you are confused; and you are deeply dismayed by your situation and the prospects for your future.

Obviously, what’s done is done. You can’t go back in time and undo the North Carolina truck accident or reverse the doctor’s negligent decisions. And you may indeed have a long road to hoe. You might never regain function of your leg. You might need to be in a wheelchair for the rest of your life. You might never be able to work as you once did. The brain damage caused by the accident may permanently limit your ability to be productive to two to three hours a day.

When you sit there and contemplate these scenarios–particularly the worst case scenarios–you can easily spiral into depression and apathy. This is really unfortunate. When you are depressed and/or apathetic, you may fail to take important kinds of action–such as contacting a reputable North Carolina mass tort law firm ASAP–because you feel too hopeless to persevere.

This is a shame, because science shows that our emotional immune systems are remarkably resilient.

Even IF a worst case scenarios plays out for you–e.g. you’re permanently hobbled by the accident or no longer able to work in a career that you love–these setbacks will not doom you to a lifetime of depression and unhappiness. Or at least they don’t necessarily mark you with that destiny.

That may sound very counterintuitive. But if you look at the research, those statements bare out.

Lottery winners notoriously experience euphoria for the first weeks or months after they win. But they ultimately wind up just as happy–and just as sad!–as they were before the pay day.

Likewise, people injured so severely that they are left as quadriplegics suffer extreme depression in the first few weeks and months. But they ultimately rebound to feel just as happy as they did before the devastating event.

This isn’t to say that you don’t have problems — that you shouldn’t feel depressed or anything. Rather, you should appreciate that your current emotional state is probably temporary.

Even more importantly, you need to avoid getting trapped by your emotions into “doing nothing” and/or into making impulsive and not-strategic actions that can have negative long-term implications for your finances and healthcare options.

To that end, consider connecting with the DeMayo Law team now at (877) 529-1222 for a free consultation, so that we can put you on a more strategic path with respect to your case.

Our Illogical Reactions to Superstitions: Really Important to Understand, If You Want to Fight Your North Carolina Class Action Optimally…

May 19, 2013, by Michael A. DeMayo

Whether your son broke his ribs in an SUV rollover, your husband tore his ACL on an amusement park ride, or you suffered a devastating home fire when your space heater malfunctioned, you understand you have the potential to take some kind of legal action and perhaps to participate in a North Carolina class action or mass tort lawsuit.

But you are confused about what to do next. Should you connect with a legal team like DeMayo Law or “deal with the situation yourself” — i.e. work directly with an insurance company?

Everyone has different needs and sensitivities and comforts. But it’s important to be rational rather than impulsive when you make a big decision like this.

We often play to our superstitions rather than to logical common sense.

Consider the diverse nature of our strange beliefs. Whether you are afraid of the number 13; you bet your wedding date when you play the lottery; or you worry about a black cat crossing your path or something along those lines, part of you recognizes that you’re being ridiculous with the superstitions.

You understand that that you are using “magical thinking” and not logic. But even when you “call out” your superstitions — call your own bluff — you may not be able to overpower your subconscious resistance. You may not, for instance, ever feel comfortable sleeping on the 13th floor of a hotel. If you’re Russian, you may refuse to shake someone’s hand when they reach through a doorway to you.

Depending on how deeply you hold strange beliefs, they can really hamper your life.

The point is that wrestling with such strange beliefs–even when you make those beliefs conscious and you appreciate that they’re clearly irrational–is more challenging than meets the eye.

As much as we should “trust our guts” in certain situations, we also need to learn how and when to challenge our intuitions in order to achieve best results.

To that end, if you have reservations about connecting with an attorney–or if you have some strange belief about why you are not someone who “does” lawsuits, reflect on that received wisdom. Are those concepts actually serving you right now?

Consider, for instance, the worst thing that could happen, if you got a consultation with attorney, versus the best thing that could happen if you did. That the more that you can shine rational light on your fears, the more you can move beyond them and make more compelling and useful decisions.

Class Action Lawsuits “Brewing” For Budweiser

May 13, 2013, by Michael A. DeMayo

Anheuser-Busch, the maker of Budweiser Beer, is facing a pretty serious class action lawsuit that alleges that the brewer watered down its products prior to bottling.

Thus far, plaintiffs in Texas, Pennsylvania, Missouri, New Jersey, Colorado, Ohio, and California have all filed suit against the beer manufacturer based on whistleblowing testimony from former high placed employees in the business–at 13 separate breweries.

Will a North Carolina class action against Budweiser be next?

Anheuser-Busch has fought back vigorously against the bad press–the company recently took out full page ads in The New York Times, The L.A. Times, and eight other major newspapers touting the fact that the company provided 71 million cans of drinking water to the American Red Cross and other disaster organizations. The cheeky headline read “they must have tested one of these.”

But a lead attorney in the case, Josh Boxer, shrugged off the newspaper ad blitz as a “classic non-denial…(the) alcohol readings, taken six times a second as the finished product is bottled, will confirm the allegations made by the growing number of former employees who keep coming forward to tell us the truth.”

In court, Anheuser-Busch will need to produce data on its internal and alcohol testing procedures. Ten different products are tangled up in the legal matter, including well-known brands like Budweiser, Michelob, and Bud Ice as well as more “exotic” brands, like Hurricane High Gravity Lager and Bud Light Lime.

Do you have a potential Charlotte class action lawsuit?

The team here at the Law Offices of Michael A. DeMayo can help you understand and defend your rights to get compensation. Depending on your circumstances, you may want to file a personal injury suit or a mass tort action. Our team can help you strategize and determine the most effective, accurate course forward. Call us now for a free consultation, and get clarity on what you need to do.

The End of the Beginning of Your Quest for Justice After a North Carolina Injury

May 10, 2013, by Michael A. DeMayo

In the hours and days since your North Carolina injury–or your family member’s injury- you have been in a mad scramble to get medical care and make sense of your options.

What steps should you be taking (or not taking) to manage the medical crisis, collect evidence, and deal with the urgent logistics in your life? Who is going to take care of the kids while you’re hurt? Who’s going to handle the big work project that you had to drop to deal with the catastrophe? How will you pay the mortgage now that you’ve spent thousands of dollars out of pocket on ambulance and hospital services?

After you wrangle these urgent details, you then need to scramble to recalibrate everything in your life. You will also need to find a way to deal with the tremendous challenges of finding appropriate representation:

  • Do you have a case or not?
  • If so, what should you do first?
  • Whom can you trust?
  • How can you evaluate different law firms against one another?
  • How can you work effectively with a law firm to make sure that you get clear answers and good communication throughout the process?

All of these urgent questions might be on your mind. And they all need to be addressed.

The several lining–if there is one–is that, once you do get all of these things taken care of, assuming you have done everything effectively, you should enjoy renewed peace of mind.

The great gift that a solid North Carolina mass tort law firm can provide is the gift of clarity.

Even though your life may feel like it’s in a million pieces right now–if you know exactly what’s going to happen next and what to expect; and if you have trusted people working on your behalf–much of the stress and agitation will lift.

Obviously, even a superb law firm is not going to magically make your injury go away or eliminate the anger and frustration you feel about what happened. But you should feel a sense of relief and security that you are moving in the right direction.

And when people feel like their lives are moving in a positive direction, they often see passed their immediate limitations and handle the process with more grace and patience.

Connect with the DeMayo Law team right now for strategic, insightful assistance with your Charlotte personal injury matter.

More Charlotte, North Carolina Personal Injury Lawsuits Filed in Alleged Sex Assaults Involving Police Officer Marcus Jackson

March 6, 2011, by Michael A. DeMayo

Another two woman are suing Charlotte-Mecklenburg police Officer Marcus Jackson for North Carolina personal injury. Jackson, now an ex-cop, is already sentenced to two years in prison for sexually assaulting six women while on the job.

In these latest Charlotte-Mecklenburg personal injury complaints, the plaintiffs contend that Jackson stopped their car on the evening of December 28, 2009. They say that he made them get out of the vehicle and proceeded to sexually assaulted them away from the police camera’s view.

One of the women says Jackson told her that he needed to search her because he smelled “weed. ” However, she says that instead of patting down her pockets, Jackson grabbed her breasts. The other woman claims that when it was her turn, Jackson placed his hands on breasts and down her pants. Both plaintiffs say they experienced emotional distress.

Also defendants of this North Carolina sex assault case are the city of Charlotte and Police Chief Rodney Monroe. Already, the city has spent over $617,000 to settle four Charlotte, North Carolina injury claims over Jackson’s actions.

The two plaintiffs are accusing Monroe of negligently retaining and supervising Jackson. Prior to his hiring by police, one of Jackson’s ex-girlfriends had taken out domestic violence protective order against him. Monroe has since admitted that the police missed certain information that would have prevented them from hiring Jackson.

North Carolina Police Brutality
A cop who sexually assaults someone while on the job is committing North Carolina police brutality. Police officers are not immune from the law and sexual assault committed by anyone is a crime. When a cop assaults someone under the guise of doing the job, he/she is abusing the authority given to a law enforcement officer and violating the victim’s civil rights.

2 women sue former officer, city in alleged sexual assaults, Charlotte Observer, March 7, 2011

Lawsuits say CMPD chief intervened twice to help Marcus Jackson, WBTV, February 23, 2011

Related Web Resources:
Charlotte-Mecklenburg Police Department

More Blog Posts:
Charlotte, North Carolina Personal Injury Case Over Sex Assault by CMPD Cop is settled for $350,000, North Carolina Injury Lawyer Blog, February 7, 2011

City of Charlotte Settles North Carolina Personal Injury Lawsuits Alleging Police Sexual Harassment by former CMPD Cop, North Carolina Injury Lawyer Blog, October 9, 2011

Couple Suing City of Charlotte Claims Officer Marcus Jackson Sexually Violated Them During Traffic Stop, North Carolina Injury Lawyer Blog, January 23, 2010

 

Charlotte, North Carolina Personal Injury Case Over Sex Assault by CMPD Cop is settled for $350,000

February 7, 2011, by Michael A. DeMayo

The city of Charlotte has settled the North Carolina personal injury case file by a 17-year-old woman who was sexually assaulted by former CMPD police officer Marcus Jackson. The ex-cop pleaded guilty last month to assaulting six women and he is now behind bars.

To date, Charlotte has spent over $617,000 to settle fur claims involving Jackson. $587,000 has gone to the victims.

In this latest Charlotte, North Carolina injury case, the teenager accused Jackson of pulling her over during a traffic stop and threatening her with a ticket unless she performed a sex act on him. She was brave enough to report what happened.

To date, the city has paid $151,550 to the victim and her Charlotte, North Carolina injury lawyers. Over the next 20 years, they will pay her the remaining $198,450 in installments.

Charlotte, North Carolina settled the first case over Jackson in October. The victims were a woman and her boyfriend. They claimed that their constitutional rights were violated when, on December 28, 2009, he molested the woman while pretending to search her and then made the man fondle her while observing them. The city consented to pay $12,000 to Abel Moreno. Jackson arrested him after he tried stopping the then-cop from assaulting his girlfriend.

Police Brutality
Sexual abuse by a cop is police brutality. It is an abuse of power and a crime. Unfortunately, many victims are scared to report what happened because it was a cop who assaulted them and they may fear repercussions.

City settles in CMPD sex case involving former officer Marcus Jackson, Charlotte Observer, January 28, 2011

City settles in CMPD sex case involving former officer Marcus Jackson, WCNC, January 27, 2011

Related Web Resource:
Charlotte-Mecklenburg Police Department

Related Web Resources:
City of Charlotte Settles North Carolina Personal Injury Lawsuits Alleging Police Sexual Harassment by former CMPD Cop, North Carolina Injury Lawyer Blog, October 9, 2010

Kannapolis Man’s Lawsuit Accuses Cabarrus County Sheriff’s Office of North Carolina Personal Injury, North Carolina Injury Lawyer Blog, January 19, 2011

$200,000 North Carolina Injury Settlement Reached with Roommate of Teen Who Was Fatally Shot by Sheriff’s Corporal, North Carolina Injury Lawyer Blog, November 5, 2010

Kannapolis Man’s Lawsuit Accuses Cabarrus County Sheriff’s Office of North Carolina Personal Injury

January 19, 2011, by Michael A. DeMayo

Dale Cook is suing the Cabarrus County Sheriff’s Office for the North Carolina personal injuries he claims that he sustained after he was Tasered. Cook, who fell from a tree while officers apprehended him, says he fractured his spine during the incident and he now cannot walk. Also named as defendants in the complaint are Cabarrus County Sheriff Brad Riley, deputy Jason Thomas, and unnamed deputies.

On April 19, 2010, the Kannapolis man and his wife Tammy got into a domestic dispute at their residence. Tammy then went to the sheriff’s office and gave a statement claiming that Dale had bumped her during the altercation.

Meantime, Dale climbed into a tree stand, which was about 15 to 20 feet off the ground, in their backyard. When deputies arrived to follow-up on Tammy’s statement, they went to the tree stand and asked Dale to come down. When he refused—he claims that he told them he was unarmed and that he did not act threateningly toward anyone—Deputy Thomas Tasered him without warning. Dale fell from the tree. He says that he is now confined to a wheelchair for life.

Meantime, the sheriff’s office is disputing Dale’s account. An official report says that he had a knife and was trying to hurt himself. The report also claims that although Thomas did activate his Taser, the device did not hit Dale and that the latter got hurt because he chose to jump from the tree stand.

Excessive Use of Police Force
Anytime authorities must apprehend someone, it is important that they do not use excessive force or act in a manner that could cause North Carolina personal injury or wrongful death. When negligence, North Carolina police brutality, carelessness, recklessness, or inexperience contributes to causing injury to a suspect, a defendant, or an innocent bystander, the victim may have grounds for an injury lawsuit. Unfortunately, not everyone knows this. Often, the injured person doesn’t even realize that his/her rights have been violated.

Man sues sheriff over Taser use, Charlotte Observer, January 18, 2011

Sheriff: Deputy Did Not Stun Man With Taser, WSOCTV, May 5, 2010

Related Web Resources:
Cabarrus County Sheriff’s Office

After the Zap: Taser Injuries and How to Treat Them, National Commission on Correctional Healthcare

$200,000 North Carolina Injury Settlement Reached with Roommate of Teen Who Was Fatally Shot by Sheriff’s Corporal

November 5, 2010, by Michael A. DeMayo

A North Carolina personal injury settlement has been reached between Michael Rhoton and New Hanover County. Rhoton is accusing Sheriff Ed McMahon, ex-Sheriff Sid Causey, other office members, and the county’s insurer of failing to follow proper procedures when a warrant was served to his roommate Peyton Strickland on December 1, 2006. Strickland, a suspect in the robbery of a University of North Carolina Wilmington student’s Sony PlayStation 3 game consoles, was accidentally shot in the head by Cpl. Christopher Long, who didn’t realize that what sounded like gunshots was in fact a battering ram.

Rhoton saw his roommate get shot multiple times. The heavily armed law enforcement team then allegedly held a gun to Rhoton’s head while forcing him to stay on the ground next to Strickland, who was dying. The officers also shot and killed Strickland’s dog.

Rhoton, who was never a suspect in the robbery, was held in custody overnight. His North Carolina injury attorney says that Rhoton has been dealing with trauma, survivor’s guilty, and post-traumatic stress issues. Rhoton’s North Carolina excessive use of force lawsuit against the UNCW’s police department is still pending.

In 2008, Strickland’s family settled their wrongful death case over the deadly shooting with the county for $2.45 million.

North Carolina Excessive Use of Force
It is not acceptable for someone to get hurt or die because a law enforcement official used excessive force when dealing with him/her. There are less violent ways to apprehend or question or hold a suspect. Unfortunately, North Carolina police brutality and excessive use of force do happen.

New Hanover County pays roommate of fatal shooting victim Strickland, StarNewsOnline, November 2, 2010

Sheriff’s department settles with Strickland family, WWAY, February 27, 2008

Related Web Resources:
New Hanover County

University of North Carolina Wilmington Police Department

Family Files North Carolina Wrongful Death Lawsuit Over Inmate Who Was Tasered While in Jail

September 30, 2010, by Michael A. DeMayo

The family of Ronald Eugene Cobbs is suing the Guilford County Sheriff’s Office and Prison Health Services for his North Carolina wrongful death. Cobbs, 38, died on August 19, 2009 after he was shocked with a Taser while in the Guilford County Jail. Cobb’s wife, Tricolia Cobbs, is accusing the defendants of using excessive force. She is seeking triple damages under North Carolina’s Wrongful Death Act.

Cobbs was behind bars waiting for his criminal trial on robbery with a dangerous weapon, kidnapping, and a probation violation when he got into a dispute with a guard. MyFox8 reported that the altercation happened when a detention officer tried to recover alleged contraband from Cobbs’s cell. The sheriff’s office claimed that Cobbs assaulted the officer and resisted arrest, which was why he was restrained with a Taser and physical force. Soon after Cobbs was handcuffed and shackled and taken to the nurse, he fell unconscious. He was pronounced dead at the hospital.

Cobbs family claims that not only were their insufficient medical tools available to treat someone who had been shocked with a 50,000-volt Taser at the jail, but also, staff members there were inadequately trained to provide Cobbs with the necessary medical care.

Autopsy results could not confirm Cobbs’ cause of death. The report says that he may have died from respiratory arrest or cardiac arrhythmia and he may have been suffering from an underlying cardiac disease. The struggle with a deputy could have been a triggering factor for either condition.

Excessive Use of Police Force
Police and other law enforcement officers must never use more force than necessary to apprehend, arrest, restrain, or guard someone. North Carolina excessive use of force or police brutality is a violation of the victim’s civil rights and can cause Charlotte, North Carolina personal injury or wrongful death. Do not be afraid to report any incidents of North Carolina police brutality to the authorities or to a Charlotte, North Carolina personal injury law firm.

N.C. family files lawsuit over jailhouse Taser death, CorrectionsOne.com/News and Record, September 30, 2010

Guilford Inmate Dies After Being Tasered, MyFox, August 19, 2009

Related Web Resources:

Are Tasers Overused?, CBS News, September 23, 2010

Taser International

Guilford County Sheriff’s Office

North Carolina Police Brutality: Inmate Wins $10,000 Personal Injury Settlement Over Alleged Pepper Spray Abuse

September 8, 2010, by Michael A. DeMayo

Prison inmate Bill Rayburn will receive a $10,000 North Carolina personal injury settlement from the state over alleged incidents of pepper spray abuse. State officials say that they are not admitting liability by settling. Rather, they are reaching a compromise over the dispute. However, earlier, the North Carolina Department of Correction had determined that employees involved in the alleged incidents were in violation of the use-of-force policy. As a result, several employees were disciplined and a top administrator was replaced.

Per the use-of-force policy, guards can use pepper spray for self-defense or to hinder inmates that are behaving in a threatening, violent, or aggressive manner. Inmates should then immediately be allowed to wash off the chemicals from the spray.

Rayburn claims that he was sprayed on four occasions last year at Lanesboro Correctional Institution and that the policy was not followed. For example on January 13, 2009, correction officers allegedly doused him and his bed with the spray, which contains hot peppers and can be extremely painful, after he called for help following a panic attack.

In Rayburn’s North Carolina excessive use of force complaint, he says that a female guard sprayed his genitals and that more than one can of pepper spray was used on him. The guards then allegedly left him on the shower floor and he was unable to wash the painful chemicals off until the next shift of prison guards arrived.

Rayburn is now at a new prison.

North Carolina Police Brutality
Excessive use of force by law enforcement officers is never warranted—even if you have been convicted for a crime. Unfortunately, many people don’t report incidents of Charlotte, North Carolina police brutality because they are too scared and don’t realize that their civil rights have been violated. Verbal abuse, sexual assaults, threats, emotional blackmail, and physical violence are just a few examples of the different types of police violence that can occur.

State settles with inmate over claim of pepper spray abuse, Charlotte Observer, September 8, 2010

NC prisoner who sued over pepper spray gets $10K, WCNC/AP, September 8, 2010

Related Web Resources:
Lanesboro Correctional Institution

North Carolina Department of Correction

Former Inmate Files North Carolina Personal Injury Lawsuit Over Tuberculosis Outbreak

July 13, 2010, by Michael A. DeMayo

Lumberton resident Floyd Baldwin is suing Brunswick County officials for North Carolina personal injury. The plaintiff, a former inmate, claims that negligence contributed to the tuberculosis outbreak that occurred in jail last summer. The defendants include Brunswick County’s sheriff, health department, commissioners, and Southern Health Partners Inc., the county’s insurer.

Baldwin says that he spent nine months on the same cellblock were inmate Omar Morales was living. Baldwin, who is taking medicine for the non-contagious form of the disease, contends that Morales, who started the outbreak, was not tested for TB before being admitted to the jail in October 2008. He also says that not only did the defendants disregard the seriousness of Morales’s condition and symptoms, but also, he is accusing the sheriff’s office of failing to have the required jail health plan.

Baldwin claims that the jail ignored the inmates requests that Morales be given medical help and that it was only after Morales’s cellmate also developed TB that the medical care the latter needed was provided.

Since August, 42 people have tested positive for TB, but only two have the active type that is contagious. Baldwin wants damages over $10,000 for emotional trauma, mental anguish and pain, permanent physical injury, physical injury, future medical bills, and other injuries. His North Carolina personal injury attorney says more civil complaints from other inmates who contracted TB are expected.

North Carolina Personal Injury
Officials in charge of prisons and jails are responsible for making sure that suspects and inmates do not become victims of police brutality, violent crimes by other inmates, medical neglect, or other types of negligence. Unfortunately, inmates have been known to suffer North Carolina injury, illness, and death because officials failed to abide by regulations, protect them from physical harm, or make sure they received the necessary medical care.

TB is a contagious bacterial infection that can attack the lungs, kidney, brain, or spine. Failure to treat tuberculosis properly and in a timely manner can prove fatal.

Inmate sues sheriff’s office, health department, county commissioners for TB exposure, Brunswickbeackon.com, July 13, 2010

Former inmate suing Brunswick County after contracting tuberculosis in jail, Star News Online, June 29, 2010

Related Web Resources:
Tuberculosis (TB), CDC

Brunswick County, North Carolina

Gastonia Police Brutality: Mother’s Wrongful Death Lawsuit Accuses Cop of Killing Her Son Without Just Cause

May 25, 2010, by Michael A. DeMayo

Cleveland County resident Debra Keeter has filed a federal lawsuit suing the city of Gastonia and former police detective Scott Barnes for her son’s North Carolina wrongful death. Terry Adam Boone died after Barnes shot him in the back of the head on May 1, 2008.

The police shooting happened while Boone was fighting with a group of men who had threatened his life. Police claimed that the 20-year-old was stabbing one of the men when Barnes arrived at the scene. The former police detective says that he shot Boone because he went after him with a knife.

According to Keeter’s North Carolina police brutality complaint, police later found out that Barnes had lied when he said that he saw Boone stabbing someone else. She is also accusing the police of withholding key information from investigators.

Barnes was let go from the Gastonia Police Department in August 2008. Officials say that his firing is not connected to Boone’s shooting.

In November 2009, the district attorney’s office determined that the former Gastonia police detective would not be criminally charged in Boone’s shooting because they found that he acted appropriately when he shot Boone, who allegedly posed a physical threat.

However, Keeter’s North Carolina wrongful death lawsuit contends that Boone was far enough away from Barnes that the former was not a danger to the detective or those around them. She accuses the Gastonia Police Department of failing to provide investigators with information regarding Barnes’s past transgressions as a cop.

Excessive Use of Police Force
Unnecessary use of police force is never justified, and it is usually suspects and innocent bystanders that end up suffering. Unfortunately, many victims and their families fail to realize is that they can file a North Carolina police brutality claim against the liable parties.

Federal lawsuit alleges Gastonia police officer killed man without cause in 2008, Gaston Gazette, May 3, 2010

Did Gastonia Police Officer Commit North Carolina Police Brutality When He Fatally Shot Man Holding Knife?, North Carolina Injury Blog, September 22, 2009

Related Web Resource:
Police Brutality and Misconduct, New York Times

North Carolina Police Brutality?: Charlotte-Mecklenburg Cop Accused of Multiple Sexual Assaults

March 9, 2010, by Michael A. DeMayo

There are now five women who claim they were sexually assaulted by Charlotte-Mecklenburg police officer Marcus Jackson. The 25-year-old police officer, who was fired from his last week, is currently in jail on charges of sexual battery, kidnapping, extortion, second-degree sex offense, indecent exposure, and felonious restraint.

One alleged victim, a 17-year-old girl, says that Jackson made her pull over and get into his car. He then allegedly drove off and committed sexual acts on her. Another woman, 21, claims that she was a victim of a similar sexual police brutality crime involving Jackson.

A third victims says that Jackson fondled her twice. The first time was during an unlawful search on November 2, 2009. She says that on December 29, he stopped her and fondled her again. The man she was with tried to call 911 for help but Jackson unlawfully arrested him for delaying and obstructing a cop. The charges against her companion, who was thrown in jail, have been dropped.

Two other women say that Jackson stopped them for speeding on the night of December 28, 2009. They claim he asked them to get out of the car and obtained their consent to search them. The women say the searches were improperly conducted. Now, the District Attorney’s Office wants to file additional sexual battery charges against Jackson for the improper searches.

Charlotte-Mecklenburg police chief Rodney Monroe says that oversights in the hiring process led to Jackson’s hiring. He says the CMPD was not aware that before Jackson joined the police a restraining order had been issued against him. The CMPD’s hiring process was revamped two months after Jackson was hired.

North Carolina Police Brutality
Sexual assault is a crime. When a cop sexually assaults someone while “doing his/her job,” not only is the act a crime but it also police brutality and a violation of the victim’s civil rights. Police are never allowed to use excessive force of any kind. Unfortunately, many victims are too scared to report police violence or they may not even be aware that what happened to them was wrong.

2 more women say police officer assaulted them, Charlotte Observer, January 8, 2010

CMPD Chief: Mistakes Made Hiring Accused Officer, WSOCTV.com, January 5, 2010

Related Web Resources:
Charlotte-Mecklenburg Police Department

Police Brutality, Human Rights Watch

Raleigh Personal Injury Lawsuit Filed by Man with Cerebral Palsy Alleges North Carolina Police Brutality

February 27, 2010, by Michael A. DeMayo

Charles Payne is suing the city of Raleigh and its Police Department for North Carolina police brutality. The 34-year-old plaintiff, who has cerebral palsy, says an off-duty and a bouncer assaulted and kicked him outside the Pourch/The Bassment on August 8, 2008.

Payne claims that they thought he was inebriated and tried to arrest him for resisting arrest and second-degree trespassing. The police officer tried to handcuff Payne but failed to do so because the plaintiff has limited mobility.

Payne contends that two on-duty cops joined in the assault and that one of them referred to him as a “drunk autistic kid.” Blood alcohol tests would go on to confirm that Payne did not have alcohol in his system.

Payne was arrested, but the charges against him were eventually dismissed.

Payne is claiming serious emotional and physical consequences as a result of the alleged assault. He has also named the Raleigh bar as a North Carolina injury defendant.

North Carolina Police Brutality
Excessive use of force by a police officer acting under the guise of upholding the law is wrong, a crime, and can be grounds for a North Carolina police brutality lawsuit. Police violence violates the victim’s rights and can cause serious injury.

Unfortunately, there are cops in North Carolina who use their job to inflict harm upon others. Verbal abuse, physical abuse, sexual assault, physical assault, fatal shootings, intimidation, and blackmail are examples of police brutality. Often, the victims are too scared to report the incident. Even if the offending police officer isn’t charged with a crime in criminal court, you may be owed Raleigh injury compensation.

Three Raleigh police officers named in lawsuit, WRAL, February 24, 2010

Read Payne’s North Carolina Injury Complaint (PDF)

Related Web Resources:
City of Raleigh: Police

Police Brutality, Human Rights Watch

Couple Suing City of Charlotte Claims Officer Marcus Jackson Sexually Violated Them During Traffic Stop

January 23, 2010, by Michael A. DeMayo

A couple who says that Charlotte-Mecklenburg Police Officer Marcus Jackson sexually violated them have filed North Carolina police brutality lawsuits against the city of Charlotte. Jackson, who was arrested on December 30, has been accused of committing sexual acts against several people that he apprehended during traffic stops.

The couple filed their Charlotte police brutality lawsuits in Mecklenburg Superior Court. They say that the city of Charlotte and Jackson violated their constitutional rights.

According to their North Carolina injury complaints, the 26-year-old police officer pulled them over after midnight on December 28 (Radio transmission from that night document Jackson telling dispatchers that he didn’t need police backup). He made them drive to a church parking lot, where he allegedly fondled the woman while pretending to search her. When the couple protested, Jackson threatened to arrest the boyfriend. He then ordered the man to pull down the woman’s bra and fondle her.

The woman says that after what Jackson did she can’t live by herself anymore and she has moved out of Charlotte. She started seeing a therapist and continues to have nightmares. She is scared of getting into a car again for fear that another cop will sexually assault her. She says she is scared of what might happen when Jackson gets out of jail.

These are the first Charlotte police brutality complaints against the city over Jackson’s alleged actions. They likely won’t be the last. One alleged victim, a teenager, says that after pulling her over, Jackson made her get into his car and took her to a location where he sexually violated her. Other victims have made similar allegations.

Cops who sexually violate or physically assault someone under the guise of doing their job are committing a crime and abusing their power as police officers. Do NOT be afraid to report the incident and contact a Charlotte, North Carolina personal injury lawyer to explore your legal options.

Couple sues city, former officer, Charlotte Observer.com, January 23, 2010

North Carolina Police Brutality?: Charlotte-Mecklenburg Cop Accused of Multiple Sexual Assaults, NorthCarolinaInjuryLawyerBlog, January 9, 2010

Related Web Resources:
Communities United Against Police Brutality

Top 5 Police Brutality Videos, Huffington Post, July 30, 2008

North Carolina Police Brutality Lawsuit Filed Against Alamance County Sheriff and Two Deputies

January 9, 2010, by Michael A. DeMayo

A Burlington man claims that he was the victim of North Carolina police brutality in Alamance County. Bobby J. Stanley is suing Sheriff Terry Johnson and two deputies for personal injury. Stanley contends that he is a victim of assault and battery, false arrest, and illegal search and seizure.

According to his North Carolina personal injury complaint, the plaintiff claims that while two cops apprehended him on DWI charges last year, they broke his arm. He is seeking at least $10,000 in damages for permanent partial disability, partial loss of the use of his arm, medical bills, depression, and anxiety. Stanley says that he wasn’t drunk and he was swerving to avoid driving into potholes.

He gave Lt. D. L. Crowder permission to search him but he says he never gave the deputy permission to search the van. Crowder and Cpl. Jackie Fortner then allegedly grabbed him with “such force and violence” that his arm broke.

Stanley says that the officers disregarded his need for medical attention and continued searching the car. They charged Stanley with failing to stop at a stop sign and gave him an unsafe movement violation. The stop sign-related charge was later dismissed. Stanley filed his Alamance County police brutality complaint in February.

Meantime, the Sheriff’s Department is denying the accusations. A police document claims that Stanley refused to be treated by an EMS who examined him at the scene. The police officers that arrested him contend that Stanley told them he taking a lot of drugs because he has cancer. They claim that they grabbed Stanley because he became agitated. They acknowledge that he did not consent to the vehicle search.

North Carolina Police Brutality Lawsuit
Police officers are not use excessive force against suspects, prisoners, defendants, or anyone else when doing their jobs. Even if no criminal charges are filed against the cops, you may still be able to hold them liable in civil court for North Carolina injury caused by physical assault, sexual assault, verbal battery, emotional abuse, and other acts of violence.

Documents show different side in sheriff’s department lawsuit, TheTImesNews.com, March 2, 2010

Related Web Resources:
Alamance County Sheriff’s Department

Testimony of Police Violence Across the Nation

North Carolina Wrongful Death Lawsuit Names City of Morganton and Three Officers as Defendants

November 16, 2009, by Michael A. DeMayo

The sister of a man who died after being Tasered in 2007 is suing the city of Morganton and three Department of Public Safety officers for his North Carolina wrongful death. Pamela Carroll wants the case to go to trial.

Her brother, Donald Grant Clarke, sustained brain injuries when he fell into a concrete porch after the officers Tasered him. According to Carroll’s wrongful death complaint, Capt. Richard Brendle, Sgt. Charles William Perry, and Officer Justin Lerch violated Taser use standards and Morganton’s Taser policy when the stun gun was used on Clark, who they did not actually see commit any crime. Carroll also claims that the men used the stun guns offensively and not defensively.

Per Carroll’s North Carolina wrongful death lawsuit, a neighbor of Clarke’s contacted police on October 13, 2007 and reported that Clarke had made threats to him. When Davis arrived in response to the call, Clarke had already gone home. The person who called authorities did not request that they arrest his neighbor.

Video footage, however, shows Perry and Lerch using their Taser on Clarke, who asked them why they were at his residence. Clarke did not go into his home even though police directed him to do so. The lawsuit contends that the officers Tasered him on the back as he was going back to home’s elevated porch.

Davis filed a police report noting that Clarke made threats to the cops, who decided to arrest him for making threats, and obstructing, delaying, and resisting arrest. Davis says the officers used their Tasers on Clarke because he resisted arrest. No criminal charges were filed against the officers over the incident

Taser Injury Lawsuits
While many police officers throughout the US are authorized to use Tasers in certain situations, there have been concerns over the number of injuries that have occurred because cops opted to Taser someone. In certain incidents, Tasers have been known to cause electrical injuries, dart entry wounds, eye injuries, cardiac arrest, miscarriage, and death.

Tasers have also been linked to excessive use of force by certain police officers. Any kind of police brutality, whether verbal, physical, psychological, or emotional, is illegal.

Lawsuit: officers responsible for death, Morganton, November 15, 2009

After the Zap: Taser Injuries and How to Treat Them, National Commission on Correctional Healthcare

Related Web Resources:
Police study Taser policy, Winston-Salem Journal, November 1, 2009

Taser Inc.

Did Gastonia Police Officer Commit North Carolina Police Brutality When He Fatally Shot Man Holding Knife?

September 22, 2009, by Michael A. DeMayo

The Gaston Gazette is reporting that Debbie Keeter is still waiting to see whether criminal charges will be filed against the Gastonia police detective who fatally shot her son in the head. Keeter says that less fatal measures could have been taken to apprehend her son, who was confused and in the middle of a stabbing brawl with men who allegedly threatened to kill him at the time.

Terry Adam Boone died on May 1, 2008 when Gastonia Police Detective Scott Barnes shot him in the head. Boone was holding a knife in his hand and police say that the 20-year-old appeared to lunge at Barnes, who then shot him in the back of the head to prevent the attack.

Barnes was called to the scene of a stabbing. Audrey Lingerfelt, Boone’s girlfriend, told The Gazette that men who were involved in a disagreement with Boone had arrived at her residence and were threatening to beat and murder him.

When Boone arrived at his vehicle, one of the men stabbed him. He stabbed the man back before going into Lingerfelt’s home.

When police arrived at the residence, Boone left Lingerfelt’s home through the back door. She says she later heard the gunshot. A neighbor says that Boone was defending himself when police showed up in unmarked vehicles.

Keeter claims that Boone was injured and his eyes and face were covered in blood. She doesn’t believe that he posed a threat to Barnes. At the time of Boone’s death, his blood-alcohol level was almost twice the legal driving limit at 0.14.

Excessive Use of Force as North Police Brutality
North Carolina police officers are never allowed to use excessive violence when dealing with anyone at any time and the victim or his/her family can file a North Carolina police brutality lawsuit if a cop violates their civil rights and/or causes serious injury or death without provocation or justification. Unjustified shootings, verbal abuse, injuring someone with a Taser when the suspect could have been apprehended in a less painful manner, false arrest, beatings, sexual assault, and intimidation are forms of police brutality and can be grounds for a North Carolina injury lawsuit.

Mother still seeking answers in May 2008 fatal police shooting, Gaston Gazette, September 21, 2009

Gastonia police: Officer shot suspect in back of head, WCNC, May 6, 2009

Related Web Resources:
Gastonia Police Department

North Carolina October 22 Coalition to Stop Police Brutality

City of Charlotte Settles North Carolina Personal Injury Lawsuits Alleging Police Sexual Harassment by former CMPD Cop

January 12, 2009, by Michael A. DeMayo

The City of Charlotte has settled the North Carolina injury lawsuits filed by the two alleged victims of former Charlotte-Mecklenburg Police officer Marcus Jackson for $225,000. The plaintiffs, a male and a female, are a couple. They contend that Jackson sexually assaulted her and harassed him after he pulled them over on December 28, 2009.

According to the plaintiffs, Jackson made the couple follow him to the Eastway Baptist Church parking lot where he fondled the woman while pretending to search her. He then told her boyfriend to pull down her bra and touch her while he observed them. By agreeing to settle, the city of Charlotte, North Carolina says that it is not admitting liability in the alleged incident.

At least 6 woman have said that Jackson sexually assaulted them after he pulled them over during traffic stops. He has been indicted in several cases and the CMPD has fired him. Jackson is behind bars while waiting for his trial.

Police are never allowed to abuse their power whether by excessive use of force when upholding the law or to commit any other crime. Police brutality is a violation of the victim’s civil rights.

If you have been the victim of a sexual assault crime you may have grounds for a North Carolina personal injury lawsuit. Your civil case would be separate from any criminal charges filed against your assailant.

Sexual abuse by a police officer is police brutality, as is rape, molestation, improper touching, and sexual harassment by a cop under the guise of doing his/her job. Physical assault, verbal abuse, torture, intimidation, or other abusive acts by a police officer are also examples of police brutality.

City confirms settlement in police case, Charlotte Observer, October 7, 2010

Former Officer Indicted; New Evidence Of Fondling Presented, WSOCTV, January 19, 2010

Couple Suing City of Charlotte Claims Officer Marcus Jackson Sexually Violated Them During Traffic Stop, North Carolina Injury Lawyer Blog, January 23, 2010

Related Web Resources:
Charlotte-Mecklenburg Police Department

Police Brutality, North Carolina Injury Lawyer Blog

Charlotte, North Carolina Teenager Dies After Police Apprehend Him with Taser

March 23, 2008, by Michael A. DeMayo

Darryl Wayne Turner, a 17-year-old Charlotte, North Carolina teenager, died on Friday after police shocked him with a Taser. The Charlotte-Mecklenburg Police had been called to a local Food Lion store where the teenager worked as a bagger and a cashier.

The police say that Turner appeared agitated and threw something at a manager. Police Officer Jerry Dawson Jr. reportedly used a Taser gun to apprehend Turner.

He became unresponsive after being shocked by the gun. Turner was later pronounced dead at Carolinas Medical Center-University. According to the Medical Examiner’s office, preliminary autopsy results found no obvious cause of death.

No details about how many times Turner was shocked or whether he was armed at the time of the confrontation were available on Friday because many administrators were off for the Easter weekend.

Turner’s death is the first Taser-related fatality involving the Charlotte-Mecklenburg Police Department. The teenager had no previous criminal record.

The use of Tasers by law enforcement officers throughout the US has become an issue—as more and more cops use the electrical current-shocking device to temporarily stun people. Although Tasers are popular because many people believe that the device can cause less harm to a suspect than a gun or baton, there have been reports of injuries or death resulting from Taser use. There also have been reported incidents of police allegedly using the stun guns without proper provocation.

Over 7,000 US police officers are armed with Tasers. Even though a recent Forest University School of Medicine study found that these stun guns are generally safe for use, Amnesty International is still asking for more investigations into Taser safety. A 2007 report by the group counted 245 Taser-related deaths in the US—many because of cardiac arrest.

If you or someone you love was seriously injured because of what you believe was excessive or unnecessary force on the part of a law enforcement officer, you may be able to file a police brutality claim or lawsuit. Our North Carolina personal injury law firm would like to offer you a free consultation to discuss your legal options.

Teen dies after Taser strike, MyrtleBeachOnline.com, March 22, 2008

Charlotte Detectives Continue Investigation Into Teen’s Death Being Hit With A Taser, WSOCtv.com, March 21, 2008

Are Tasers safe?, CNN.com, October 8, 2007

Related Web Resource:

Taser

Davidson County Settles North Carolina Wrongful Death Lawsuit by Family of Inmate Beaten in Jail

January 22, 2008, by Michael A. DeMayo

The family of Carlos Claros Castro will receive a settlement payment in the wrongful death of Castro, who died in Davidson County, North Carolina after being beaten by two county jailers.

The family of the Honduran immigrant had filed a wrongful death lawsuit seeking $100 million–$50 million in compensatory damages and $50 million in punitive damages. The lawsuit claims that County Manager Robert Hyatt, Sheriff David Grice, and others failed to properly train or hire enough officers at the jail. The family also accuses Sheriff Grice of not properly investigating complaints and allowing excessive force to be used at the Davidson County jail.

Castro worked at Elizabeth’s Pizza in Thomasville, where he also had a home. He was brought to the Davidson County jail after his arrest for DWI, driving without a driver’s license, and leaving the scene of a one-car accident on January 6.

Castro reportedly took off his clothes when he couldn’t use the phone right away. He was restrained in a chair for over four hours. He was deprived of food, water, and not allowed to move.

Castro was later transferred to a second-floor isolation cell. Castro became involved in a struggle with detention officer Ronald Parker and Brandon Huie because Castro refused to return a mop.

The wrongful death lawsuit claims that the officers reportedly Tasered, pepper-sprayed, and beat Castro with a baton and their fists a number of times. He was transported to Lexington Memorial Hospital where he died.

An autopsy declared the death a homicide caused by multiple traumatic injuries. Claros had bleeding in the neck and brain, bruises on his head and body, stun gun wounds, and signs of asphyxiation.

Huie and Parker were initially charged with second-degree murder. The two men were eventually convicted of involuntary manslaughter.

Police Brutality
Injuries or deaths caused by the unnecessarily violent actions of a police officer or another law enforcement officer is considered police brutality and can be grounds for a personal injury or wrongful death lawsuit.

Police brutality is an abuse of power. Just because you have been arrested for a crime does not entitle police to treat you with violence, abuse, or disrespect.

In North Carolina or South Carolina, our personal injury law firm can help you deal with your police brutality injury case. If your loved one has died at the hands of law enforcement officers, you can also speak to one of our wrongful death lawyers.

County settles wrongful-death suit, The Dispatch Online, January 11, 2008

Claros Family Settles Lawsuit, Journal Now, January 10, 2008

Related Web Resources:

Read the Medical Examiner’s Report (PDF)

Event Report, January 7, 2006, (PDF)

 
 

Parse error: syntax error, unexpected '}' in /home/ncarinju/public_html/wp-content/themes/demayo_blogs/footer.php on line 107