Page 20 - February 2018 FOP Newsletter

Play an active role in your own defense
Civil lawsuits alleging misconduct by law en- forcement are nothing new; however, many
1990s, lawyers defending the officers involved in the Rodney King case promoted a central theme that Police Officers were the “good guys” who stood as the line of protection against criminals. The defense was well received at the criminal trial but less effective in subsequent civil tri- als. Many defense lawyers are apprehensive that the same argument will not be well received by today’s ju-
ror, who has been inundated with anti-police rhetoric. Today, individual officers truly have their backs against the wall, more so than ever. We can either resign ourselves to this sad fate, or we can fight. Law enforcement officers must be tough to deal with the most dangerous and evil members of our society. Retreat in the face of danger is not an option. Accordingly, there are several things officers can do to protect themselves should they become a defendant in a court of law. Bruce Praet, a civil rights attorney from California, published some common mistakes that law enforcement officers make
that put them at a significant disadvantage in the courtroom. The first mistake is that many officers simply do not know department policy. Unfortunately, about the only time officers pick up the policy manual is when studying for a promotion. I have had many clients who were unaware of the amount of force permitted by their department policy. Surprisingly, the
things have changed, specifically with the t
particularized defense and the increased number of filings.
FOP
Legal Report
Anyone paying attention is keenly
aware of the significant upsurge of new
civil rights lawsuits, commonly referred to
as 1983 suits, being filed in the last couple
of years. Although there are numerous reasons for the uptick, perhaps none can be more telling
than the mayor’s public acknowledgment of a “code of silence” within the Chicago Police Department. That comment alone has done more to fund the pockets of plaintiff’s attorneys than any comment in recent memory. With all due respect to the office of the mayor, the comments were irresponsible and misplaced. That being said, we are left to deal with the conse- quences and must remain committed to defending ourselves and our profession despite the unequal playing field.
The landscape has changed for law enforcement through- out the nation. Some of the changes were sorely needed and will better serve law enforcement. Others serve as little more than a feeble attempt to placate the detractors. Back in the
DANIEL HERBERT
20 CHICAGO LODGE 7 ■ FEBRUARY 2018