Well, this didn’t take long, Birmingham Man Sues Police

From the AP:

MONTGOMERY, Ala. (AP) — A man whose beating by five Birmingham police officers was caught on a dashboard video is suing the fired officers, the police chief and the city, saying he suffered severe and permanent injuries.

On Jan. 23, 2008, police chased the 38-year-old Warren, ramming his car to stop him and running it off the road. Warren was ejected and was apparently unconscious when officers began kicking him and beating him with a billy club and their fists.

Gayle Gear, who represents the officers, said they are upstanding servicemen and will file for qualified immunity from being sued. Gear said she doesn’t expect the case to go before a jury for years, if ever.

“It’s not unusual for a city to be sued and its officers to be sued,” she said. “There’s lots of lawsuits against various municipalities. We defend them and as a general rule, we prevail.”

For anybody living on Mars the past couple of days, the “Birmingham Beatdown:”

The problem Mr. Warren faces is police immunity and Ms. Gear is correct in many respects.  These are very difficult lawsuits and very difficult to win.  Mr. Warren being in prision doesn’t help either.

However, beating an unconscious man should trigger liability in this case.  Ms. Gear’s comment about this taking years could rule the day, especially if that is the defense strategy.

Links! and more. . . Links!

From Law.com, lotta stuff of interest:

Recession equals lawyer suicides;

Law professors urge Obama to name non-judge to Supreme Court (Like maybe a law professor?); and

How not to destroy old client files.

Another “Ouch” Moment of Truth

Some cheer from J.R Nyquist:

It is interesting, in light of this, to think of our own civilization. Today’s individual enjoys wealth and power unknown to previous generations. We have the power to travel great distances in a short time. We have instantaneous communications, the accumulated learning of the centuries at our fingertips, but the scope of our thinking is narrow and our minds more ignorant than ever. The power of modern civilization has not made us better people. Instead of bestowing worthiness on us, our wealth and technology merely reveal our unworthiness.

We think that we are more sophisticated than our grandfathers. But we are less sophisticated, by far. Our descent into darkness is best demonstrated by listing old artists beside new artists; by listing old statesmen beside new statesmen; by comparing the lives of our grandparents to our own. The sociologist notices that more children are born outside of marriage, that epidemic cheating has taken our schools by the throat, that we have incompetence in business and government, that we find banality and ignorance on all sides. What conclusion can he draw? The powers and advantages of modern life haven’t made us worthy. They merely serve to amplify and accelerate our unworthiness.

I am amazed by those who think the U.S. economy is going to recover, that global peace is attainable, that American liberties are going to survive American barbarism. Look at our culture today: men are no longer men, and women are no longer women; capitalists no longer uphold free market principles; constitutional government no longer adheres to the Constitution; enemies are treated as friends. Nobody reads the signs. Nobody sees what is coming. Look at the birthrate among Europeans. Look at the abandonment of European culture. Look at the Muslim birthrate. Europe will be Islamic in fifty years. Long before that, the Russians and Chinese will achieve nuclear dominance of the globe. What do you think the investment climate will be in 2059?