Thursday, February 1, 2018

Pasadena Now: Federal Lawsuit Against Pasadena Filed in Christopher Ballew Case


Mod: It looks like the inevitable has now occurred, and in the end the only people that are going to be punished in the Rotten Rose's latest lurid police brutality scandal are taxpayers. Folks who are going to be forced to make good on what will likely be an immense settlement. Everybody gets off, including the cops, politicians and city officials responsible. This is how corruption works, and why such things continue. All the usual asses are now covered. Kudos to Pasadena Now for staying with this story.

Federal Lawsuit Against Pasadena Filed in Christopher Ballew Case - Suit names City, Mayor, City Manager, Police Chief and numerous Officers as defendants, charges battery, false arrest and imprisonment (Pasadena Now link): Pasadena civil rights attorney John Burton filed a federal civil rights lawsuit against the City of Pasadena last Friday on behalf of motorist Christopher Ballew, who suffered multiple injuries, including a broken leg, during a violent traffic stop by Pasadena police in November of 2017. Ballew was arrested but the District Attorney declined to file any charges against him.

The lawsuit, filed January 26 in U.S. District Court, names the City of Pasadena, the Pasadena Police Department, Mayor Terry Tornek, City Manager Steve Mermell, Chief Of Police Phillip A. [sic] Sanchez, and Pasadena Police Officers Zachary Lujan and Lerry Esparza among the defendants, and charges violations of the California Civil Code, including battery, false arrest and imprisonment.

Burton is seeking a jury trial for the case.

Ballew’s original December, 2017 claim against the City, a legal step necessary before filing Superior Court lawsuits but not federal ones, was rejected by the City on Jan 5.

City of Pasadena spokesperson William Boyer confirmed late Tuesday that the City had been served with the lawsuit on Monday, and was in possession of it. However, since the case is now pending litigation, Boyer said he was unable to comment further.

Cellphone video of the arrest of Ballew, 21, swept across news media in December and ultimately was seen millions of times around the globe. The graphic images of what some activists have described as a Rodney King-like beating of the young black Altadenan galvanized protests at City meetings.

The City responded to declare that an active investigation into the incident is underway, and the two officers remain on duty.

Video link here.

Mod: The rest of this article is available at the link. Pasadena Now also posted an opinion piece by Skip Hickambottom and Dale Gronemeier, both of whom are Pasadena based civil rights attorneys. They question Pasadena's internal review policy, something that apparently only protects the guilty parties. What follows below is a truncated version of their observations. For the entire opinion piece follow the link. 

The Hat cannot comment at this time.
Can the Pasadena Police Administration Do an Honest Investigation of the Ballew Beating? (Pasadena Now link): The November 9 Chris Ballew beating is giving the Pasadena Police Department its widest-ever black eye. For example, a video that shows PD officers Esparza and Lujan mercilessly beating the young black man and which intersperses video of both of us speaking to the City Council about the brutality has now been viewed over two million times. (We played no role in its production or distribution). Another video prepared by John Burton, Ballew’s attorney, has also gone viral.

Ballew’s baton beating follows on the heels of black eyes for the Pasadena PD from its killing three other young Black men – LeRoy Barnes, Kendrec McDade, and Reginald Thomas. In each of those prior instances, the City hired independent reviewers to participate in the internal review. The recommendations of the OIR Group (Office of Independent Review) in the Barnes case was largely accepted and implemented. However, the OIR Group’s participation in the internal review of the McDade case was prevented by the police administration.

While the City hired independent reviewers who evaluated the Department’s conduct in the Barnes, McDade, and Thomas cases, it has not done so for the Ballew beating – despite the fact that the PD’s misconduct in the Ballew case has resulted in universal condemnation from a far larger audience. When the coalition of Pasadena and Altadena organizations protesting the Ballew beating have called for an independent reviewer, the police administration has responded by saying it is being internally reviewed and by ignoring their demand for outside review.

We submit that the public cannot rely on the integrity of a solely-internal review and that the police administration is shooting itself in the foot by refusing to recognize its problems with a solely-internal review.

Liability limitation and reputation protection – the inherent conflicts for a solely internal investigation

An internal investigation of the Ballew beating is essential, but it is not enough. The PD, like any organization, cannot be a learning organization that avoids repetition of prior mistakes unless it investigates itself. The problem is that the PD’s institutional imperative to honestly review its conduct conflicts with its imperatives to limit its liability and to protect its reputation.

Police brutality cases can get high-dollar awards for victims or survivors; the police administration’s imperative to investigate itself gets watered down by its tendency to deny wrong-doing that might lead to higher awards. Police administrators and unions want to protect police reputations; honest self-criticism that gets into the public domain is often hostilely viewed as self-damage to their reputation.

What, me worry?
The City Manager and his staff sacrifice truth to limit liability and protect the PD reputation

The record of public statements by the Pasadena police administration – City Manager Steve Mermell, Chief Sanchez who reports to him, and the PD command staff – inspires no confidence that it will engage in honest self-criticism rather than acting dishonestly to limit liability and protect the Pasadena PD’s reputation. Rather, the police administration has put out an inaccurate account and tried to justify the officers’ misconduct.

Presumably, the PD command staff reviewed the PD’s car-cam video and Lujan’s bodycam video of the beating before Lt. William Grisafe made the statement that Pasadena Now reported the day after the beating that “Ballew refused to comply with their orders and during a scuffle with police, he was able to get the baton of one of the officers. A fight ensued, and he ran.”

The PD’s videos show that the statement is inaccurate in asserting that Ballew ran and that he refused to follow the officers’ orders. The account relayed by Grisafe is misleading by failing to acknowledge that Ballew got the baton only in self-defense after the officers began beating him without justification.

The police administration’s insistence on solely internal review will be a self-inflicted wound

A solely-internal investigation of the Ballew beating is not only bad institutional policy but is also likely to be counter-productive for the police administration. The genie is out of the bottle on the Ballew baton beating because of the widespread revulsion of an enormous public that has viewed the videos.

The police administration’s track record to date ensures that their internal investigation will be viewed with jaundiced eyes. The police administration is on track for withering doubt about their investigation and are painting themselves into a no-win situation. External reviewers like the OIR Group are experienced former prosecutors or former police administrators whose expertise lead them to give credit where credit is due and blame where blame is due.

Further justifications for the officers’ conduct by the police administration will be eaten alive by the worm of doubt and will be seen as self-serving. In the long run, the institution will be better served and the police administration will get less blame if it hires an external reviewer to complement the internal review.

sierramadretattler.blogspot.com

38 comments:

  1. Foul mouthed cops

    ReplyDelete
  2. Fiscally responsible my ear.

    "Congressional Budget Office has issued a report advising Congress to consider raising the debt ceiling earlier than anticipated to account for the revenue loss brought upon by the GOP tax legislation." - NBC Politics

    ReplyDelete
    Replies
    1. Trumptards don’t care- they want to be spoon-fed instant gratification regardless of the repercussions.

      Like meth addicts

      Delete
  3. All of a sudden the city of Pasadena officials are over come by constipation of the mouth that's strange before their mouths were on wide open diarrhea flowing views to try and discredit the injured and protecting the thugs who attacked him in uniform?

    ReplyDelete
    Replies
    1. They got caught lying. Now they're doing damage control.

      Delete
    2. Will the repubs come out and put up cuts to Social Security and Medicare? They already want to cut the food program. I guess they figure that if folks are hungry they'll get a job. The problem with that is that many military families, handicapped, seniors, and seriously medically ill folks receive the food program. If there is a hell, repubs will all be rotting there.
      Having said that, will the repubs be stupid enough to come out with cuts to popular programs in an election year? Will they move full speed ahead even though they know the majority of voters don't support them? Some are crazy enough to do it. Hang on for a very wild ride.

      Delete
  4. The 21year old is looking for a pay day.
    With Federal Laws no longer being followed by California's Court system, potential jurors should feel free to treat any case presented to them as a "Gong Show"
    Not really interested in the facts, just keep a tally on the show that the DA, Prosecutor and Judge put on; then cast your vote any old which way. Guilty not guilty, what does it really matter? Everyone involved gets a share of tax payers dollars. So why not cast your civic duty decisions on, may the best presentation win.
    No laws were followed in any capacity of this police vs public traffic stop.
    No Federal Laws are upheld in California courts ( sanctuary), just treat the Justem System as live theatre. Case closed.

    ReplyDelete
    Replies
    1. 1) The DA passed on this case. Probably because he looked at the video and saw this for what it is. If the DA had decided to prosecute Ballew, he would be defending himself in court not suing the City of Pasadena.
      2) What Federal laws do you feel are not being followed by the Federal Courts located in los Angeles County?

      Delete
    2. No reply from D.C.

      Delete
  5. Lawsuits are the only way to keep lazy, lying city officials from lying even more and holding them ALL accountable while they are slowly roasted over the hot coals of public exposure for what they really are. 7:25 nim-rods are dime a dozen today after the nim-rod speech Tuesday Night in RNC, GOP & Republican land of liars.

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    Replies
    1. That must be the reason why the victim's lawyer chose to sue Pasadena in Federal Court. That is way beyond the grasp of the tax grifters running that city.

      Delete
    2. Trump has been involved in 3,500 lawsuits

      Delete
    3. 3 marriages, 5 kids. Real family values guy.

      Delete
  6. Replies
    1. Pasadena eyeing sales tax increase to bring in $22 million a year
      https://www.pasadenastarnews.com/2018/01/31/pasadena-eyeing-sales-tax-increase-to-bring-in-22-million-a-year/

      Gotta pay those cop pensions, you know.

      Delete
    2. Tornek is a Republican, and he talked a lot about fiscal management when running for Mayor. But now that he is in? Just another toady for the municipal employee unions.

      Delete
  7. Attorney says race was a factor in Ballew beating
    https://www.pasadenaweekly.com/2018/02/01/attorney-says-race-factor-ballew-beating/

    ReplyDelete
  8. I'll bet Lerry Esparza wishes he'd stayed in Bakersfield.

    ReplyDelete
  9. 8:15am. I bet the Attorney sats that about all black people.

    ReplyDelete
  10. 7:40am. Get real. Get educated. The vast majority of donations made to food assistance programs come from Republicans.
    So you have established that you want free stuff. Why not work if you are able? You could work in one of the many distribution centers, even answering a phone; or s that too much? The Dems may have started Social Security and Medi/Medical but that was only to off set those less able. No reason why you cant contribute and be given the opportunity to feel useful in society.
    The old motto: Nothing in Life is Free. So stop with your angry bemoaning. Get involved.

    ReplyDelete
    Replies
    1. We Really want you to Educate is with credible statistics that validate your claim as to who donates more to food assistance programs.

      Please just provide a link.

      Delete
  11. Memo Watch, clock is running out on the release of the alledging of Government surveillance abuses.
    The grammer lady will aprove of the grammatical changes made to the memo, now all Americans can read our Justice department involvement in collection of information on our own, and how it may be weaponized by those less savory politicians and some employees inside the Justice system.

    ReplyDelete
    Replies
    1. Nunes will end up in prison.

      Delete
    2. Come to America 10:37. I'm sure the FBI will invite you for coffee.

      Delete
  12. 7:40am. Read the Investment and Opportunity bill that is part of the Tax Cuts bill. It is there that you will find your answer to your questions.

    ReplyDelete
    Replies
    1. Is this a part of the process?

      Delete
  13. Which process? The California Civic Code or the decision reached by a Jury?

    ReplyDelete
  14. News Flash: the long awaited coveted Library Survey is showing up in the mail today,
    postage is pre paid. Fill out and drop back into the mail.
    What was the cost on this mailer?

    ReplyDelete
  15. Speaking of Liars. Crazy pres. is still at it...
    https://www.cnn.com/2018/02/01/politics/donald-trump-sotu-ratings/index.html

    ReplyDelete
  16. After colluding with White House officials the first time he went there to look at secret docs and to disingenuously release the same materials back to the White House, Nunez must have been told that the Speech and Debate clause will not shield him from an obstruction charge.

    So a traitor like Nunez figures why not double down with an incomplete, slanted memo even if it discloses confidential material and harms the US?

    But what the fool Nunez doesn’t seem to realize is that the Dems can read the rejoinder (that Repubs refuse to release) on the House floor or in committee into the record and be protected from prosecution by the Speech and Debate clause!

    ReplyDelete
  17. 3:34pm. Chelsea Manning is that you?

    ReplyDelete
    Replies
    1. I hope so. We need more
      Real heroes like her/him. Not corrupt cowards who follow phony orders.

      Delete
    2. Don't worry Comrade 4:51. You'll have plenty of celebs to worship after the orange buffoon is gone. Now get some rest. You have a big day of daytime TV watching tomorrow.

      Delete
  18. This comment has been removed by a blog administrator.

    ReplyDelete
    Replies
    1. Uh oh, someone’s afraid of Chelsea.

      Delete
  19. Loser Dump worshipper must have lost what was left of small brain.

    ReplyDelete
  20. So lets see here ... within the last few years there have been at least 3 African American men who have died at the hands of the Pasadena Police Department. All high ranking officials have retired, gone to other agencies or have left the profession. The spokesperson for the PPD was taken off the job at full pay - coming up a year now - is being investigated by the ATF and had his residence raided right here in town. Two officers who were traveling out of the jurisdiction of the City of Pasadena pulled over a motorist and proceeded to beat him to the point where a baton was bent and his leg was broken. The DA wouldn't touch the case with a 10 foot pole ... and now everyone is covering everyone's rear end because the City will probably pay this young man a very tidy sum - yet all of this has been done under the command of the current police chief. And all of a sudden the City Manager and the City Mayor want to support the Police Department - while denying them raises for how many years? It took losing over 20% of the Staff before they got raises and bonuses. To say that the PD is corrupt, mismanaged, and completely having no confidence from the City residents would be an understatement - yet its business as usual in the City of Roses ...

    ReplyDelete

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