Oakland News Videographer Wins $175,000 Settlement
Police officers attacked him and damaged his camera
A news cameraman who was attacked by a group of Oakland police officers will receive a $175,000 settlement.
Police justified their behavior by claiming they were emotionally distraught after four of their fellow officers were gunned down.
But the Oakland City Council approved the settlement Tuesday.
The incident occurred outside a hospital on March 2009 when former KGO-TV videographer Douglas Laughlin was attempting to videotape the arrival of an ambulance carrying one of the slain officers.
According to the San Francisco Chronicle:
The video shows off-duty Officer Fred Shavies running toward Laughlin and yelling, "Hey! Get the f- out of here!" Shavies then knocked Laughlin against a parked car, breaking the camera's viewfinder, according to Laughlin's suit.
A group of officers then forced Laughlin away from the hospital and onto East 31st Street. Police proceeded to rope off a section of the street and declare the hospital's emergency-room area a crime scene, which Laughlin's suit said was "manufactured to rationalize" the officers' actions.
"You guys can't do this to me," Laughlin protests on the video.
Sgt. Rich Vierra, who at the time was chief of staff to then-acting Chief Howard Jordan, tells Laughlin, "Sir, look at what we're doing here, man. Sir, that's one of our police officers that got shot. You need to leave."
****
Sgt. Mark Dunakin and John Hege, both motorcycle officers, were fatally shot by wanted rape suspect Lovelle Mixon during a traffic stop in East Oakland. Hours later, while holed up in an apartment building, Mixon shot and killed SWAT Sgts. Ervin Romans and Daniel Sakai. Mixon was then shot dead by police and an Alameda County sheriff's deputy.
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Comments
Why is the city paying for something it seems that happened mostly with off-duty officers.
I can understand the emotion involved but if my dead or dying mother was in that ambulance and I behaved the way these upholders of the law did I'd be in jail. Yet the city is paying a settlement to someone that was injured as a result of these officers off-duty actions.
Because a cop is NEVER off duty, just off shift.
You forgot the sarcasm tag.
Cops certainly are off duty at certain times. Take their lunch break for example. Up until a few months ago, it was illegal in Tennessee to carry a firearm in a business that sells alcohol by the drink. It was illegal for a cop to wear his weapon into an Applebees unless he was there on official business. Eating lunch is not official business. They are not off shift, but they are off duty.
AFAIK, no cop was ever charged probably because no one would challenge them. But they also knew the law.
I wonder if there is a breaking point to police misconduct and how far their police department will protect them. Wasn't a police department shut down in California somewhere because the insurance company said they were too much of a liability? Would love seeing this happen on a wider scale. Then we'd start seeing a change.
Maywood. They closed their PD and contracted to Bell. Heh.
Where are the criminal charges of assault?!
I believe them.
Clearly these cops were just using the only coping mechanism that can get them the right FIX. The adrenaline rush of fucking with someone.
c'mon council, can't they have this one itty bitty cameraman, they won't leave any marks, and it will be the last time-
they promise
LOL!!! That was hilarious!!!
What was it with the crime scene tape? Now granted it was totally bogus in any case, but how did it help keep the cameraman out? He was an accredited news guy with a local TV station. I don't know how it is in Oakland, but most places he would have a press pass issued by the local PD, authorising him to cross police lines, surely?
Mike
Uh Mike,
Three problems,
1. a press pass doesn't permit crossing the tape
2. These days the press can easily be argued to be anyone with a camera.
3. None of these items are relevant to the issue, the cops violated his rights and operated outside of the law.
Their concern over the their fellow officer does not excuse illegal behavior. Would such an excuse be permitted for ANY of us? I thought not..
The cops are strong arming the press, meanwhile regular people have to put up with these assholes: http://en.wikipedia.org/wiki/Westboro_Baptist_Church
I have been on plenty of scenes where family members were distraught after somebody was killed. I have been a lot more tolerant with them than I would have been in other situations. I have been yelled at, threatened and assaulted in these situations but have always been able to get control of the situation without making an arrest.
I'm not saying these officers were justified but they are human and have human emotions. Those of you crying "if that was me I would be going to jail" don't know what your talking about and those of you crying for assault charges are just pathetic.
Here we go again. Another cop sycophant. Even though there is video AND a court settlement against the criminal cops we, the Citizens, are the ones who are wrong.
Pathetic? $175,000 says otherwise Mr. Ass Kisser of tyrants and thugs.
"Those of you crying "if that was me I would be going to jail" don't know what your talking about and those of you crying for assault charges are just pathetic."
Right. (Rolling eyes into head emoticon.) If I ran up and did the same thing you know darn well I'd be arrested. YOU"RE the one that's PATHETIC!
Now we've got two of them.
First it was "Johnny Law", now it's "Tim J" who thinks..
"Cops Can Do NO Wrong!"
Yeah.. I guess some people are more equal than others. And the Cops wonder why they're hated so much. With a attitude like those two..
Rail Car Fan
Hey Timmy...Just remember this. More and more people are starting to feel the same way I do. I have the right to protect myself. Even from the police, and even if it means using deadly force.
Oh, Tim. Do you know how blisteringly clueless you sound?
http://www.youtube.com/watch?v=TTSpg9odRzc
There's one of your brothers in blue showing all the sensitivity you claim is standard, threatening to take a man who's mother-in-law was DYING, to jail for running a red light because he was upset, and distraught. Think it over really carefully, when you see this walking strutting stack of human filth ask this man "Do you want to got to jail?"
http://www.youtube.com/watch?v=8pYPtV4yX9k
Here's another, Las Vegas Metro Officer Colling, who's somehow managed to be on the force five years and already been involved in two shooting incidents which resulted in deaths. Think his mocking and taunting of the man video taping from his own driveway are because he was "distraught"? Why does he tell Crooks to shut the camera off? Was he just so upset at what had happened that he and his fellow knuckle-dragger just had to thump someone to get it out of their system? Defend if you can "Hey, when you don't do what I ask you to do then you're in a world of hurt." What kind of animal says something like that? Respect? Really? For what?
http://www.youtube.com/watch?v=Lvy976QKuS4&feature=related
Your Houston cop pals just descended on this man, who was laying flat on the ground with his hands behind his head. He was compliant, had ceased to flee, and was not resisting arrest. Too bad those thugs were so distraught.
http://www.youtube.com/watch?v=VvKMfxyuwkQ
At least the five cops responsible here have been fired. I guess their level of being distraught didn't meet the level that the cops thought was sufficient to sweep this under the rug.
http://www.youtube.com/watch?v=hxgNKNEtk18&feature=related
Your pals in Shreveport decided that it was cool to shut off the camera while they were processing a prisoner in lock-up. Lo and behold when it comes back on she's lying in a pool of her own blood. "She fell!" Sounds like the same excuse offered by any domestic abuser, "No officer, my wife fell down the stairs." Shreveport had the good sense to fire this guy, perhaps he wasn't distraught enough.
http://www.youtube.com/watch?v=vVxI8GoAs6E
How about this Buffalo NFTA officer, in full uniform, badge, mace, handcuffs, pistol, and trained police dog at his side threatening to "f-ing break the face" of a man shooting video footage? Think that instills confidence in us, or is that just another example of distraught behavior? Two day suspension for this armed felon. Wow, I feel better already.
http://www.youtube.com/watch?v=uAgQKJuriIo
How about this Washington DC detective who pulled out his firearm during a huge snowball fight? Was he distraught? I thought all you LE types were supposedly trained to "diffuse a situation." Looks to me like he was just aching to pop a cap in the ass of the guys he was pushing.
http://www.youtube.com/watch?v=BHjjF55M8JQ
How about the Maryland plain clothes cop who trailed a motorcycle rider, in an unmarked car, and blocked him off, then jumped out gun drawn, without identifying himself as an officer? Distraught? How long did it take him to identify himself as a police officer, eight, maybe nine seconds? What if the rider had been another officer, and had responded to the drawn weapon with six in the ten ring? Would you argue he was distraught?
http://www.youtube.com/watch?v=OPEeCYPGjm0
How about your fellow office in Baltimore, Salvatore Rivieri, who, after unleashing a huge verbal tirade on a 14 year old, proving that he has more testosterone than anyone, telling the cameraman that if he found himself on YouTube he'd....we'll never know, but given his previous behavior you'd have to conclude it was going to be a serious threat. Think Rivieri was "distraught"? Think *I* wouldn't got to jail for throwing an unarmed kid to the ground and threatening him?
http://www.youtube.com/watch?v=6Qt5qB_y1tU
How about your fellow Seattle officer, who threatened to "beat the f-ing Mexican piss out of you" to a handcuffed suspect laying face down on the pavement. Then of course, because she was equally distraught, a female officer kicked him in the leg. Oh dear, what a mess, when it turned out it was on video, and gosh golly, he wasn't the guy they were looking for in the first place. Think you can defend that those two "officers" are still carrying a badge and a gun because they were distraught? His boo-hoo tears at the press conference didn't impress me at all.
Ok, you and your brothers in blue have another question to answer for me, and it's one none of you can answer without either lying or putting the constitution through a shredder. Here's the question:
Why is it that everyone of you, without fail, starts screaming "turn off that camera" every time they realize they're being filmed? What the hell are you so damn afraid of, that people might see how closely your behavior resembles that of the thugs you claim to protect "us" from?
There are hundred and hundreds of videos of your LE pals acting above the law. And those self-centered, hypocritical, self-righteous thugs have the nerve to look surprised when they learn people hate cops.
If you're going to be a cop apologist you better come up with something other than "they were distraught" to defend them.
There's one of your brothers in blue showing all the sensitivity you claim is standard, threatening to take a man who's mother-in-law was DYING, to jail for running a red light because he was upset, and distraught. Think it over really carefully, when you see this walking strutting stack of human filth ask this man "Do you want to got to jail?"
Boomer, have you ever been dispatched to the hospital because a bullet filled body was just dumped out of a car and than the car left. I have and more than once. My first thought when somebody flees from me isn't maybe this person is going to say goodbye to a dying loved one. All I know is they are running from me. If you are going to assume that a fleeing car is not a danger to you simply because it pulled into the hospital than I would not want you as a partner.
The driver was an NFL player who thought he was entitled to do what he wants. If he would have pulled over initially and explained what was going on he probably would have been sent on his way. Going to the hospital doesn't give you the right to run lights and run from the police.
I haven't had a chance to look at the rest of your videos but I'm sure once I do I will find the cop was right and the bad guy was wrong just like in this video. If the cop is wrong I will be glad to tell you.
I'm not saying what these guys was justified because they were distraught. They didn't do anything, I didn't see an assault on that video, they told him to leave, get over it. Stop being such a puss.
It's a deal, Tim. The minute you stop defending thugs wearing badges, I'll stop being a puss.
http://www.youtube.com/watch?v=SzpFheEY6ss
If you can honestly look at the video, dash cam no less, of the Birmingham cops viciously beating an unconscious man who'd been ejected from a rollover crash, and not tell me they were wrong. Sure, this guy had reason to be pursued, arrested and jailed. Absolutely, he was a "bad guy", and had damn near killed an officer. A bad guy with no argument. He was convicted and sentenced to 20 years. Which he richly deserved. And four of the cops who beat this unconscious man were fired. As they should have been. My only regret is that none of them will do jail time. Particularly the felon knelling in front of the man punching his head from side to side 13 times. I'll give a pass to the first guy who got there because he obviously slipped and fell, after that...it's just testosterone and violence. These guys aren't any better than the gang hoods who beat up Reginald Denny, back in '92.
Or how about this guy?
http://www.youtube.com/watch?v=7iZm97_vDbc
There is no defense for standing in the door of a police car, screaming at a suspect that they were a "lying son of a bitch." What's the point of that? And then, to compound the matter, the Oakland School Police Chief tells the "suspect" in a demonstration of "justice" at it's finest: "You stick to that story and so help me God I'll take all your equipment and take you right to jail." Oh, really, Chief?
Ok, Tim. I'm waiting for the analysis of why Chief Michel (now fortunately ex-chief Michel) was right, and the "bad guy" was wrong.
No, Tim, I've never been dispatched to a hospital for the reasons you've stated. I wouldn't want you as a partner either, because you're glibly capable of defending the indefensible - abuse of authority. Sweep it under the rug any way you like Tim. I have infinitely more to fear from you, and your cult of uniformed thugs, than you ever do from me. And I've got the proof of it, damn near on a daily basis.
Take a glance at your "Protect and Serve" nonsense, and ask yourself who protects me from you? Is the answer 'Jesus'?
So... every murder victim's family should have the right to go postal and assault the first person they see with a camera right? And of course, you'd be nice enough to let them off the hook, because they're "emotionally distraught"
Right?
Sometimes it's cheaper to settle than it is to fight it and win so a settlement isn't proof of guilt. 175,000 is not that big of a settlement. It might cost that much to fight it even if they win.
Justify it any way you like, Tim, but the cops were in the wrong, the payment is wholly justified, and they should have been charged with assault. Stuff like this and other similar actions are among the key reasons why cops are so distrusted and disrespected nowadays. We used to teach our children that a cop was their friend. Not anymore. More often they are just thugs with badges.
Of course "Tim J's" going to justify it that way. He's a Cop. Would you think any differently?
Rail Car Fan
Justify it any way you like, Tim, but the cops were in the wrong, the payment is wholly justified, and they should have been charged with assault. Stuff like this and other similar actions are among the key reasons why cops are so distrusted and disrespected nowadays. We used to teach our children that a cop was their friend. Not anymore. More often they are just thugs with badges.
Haven't you figured out that Tim is not only the photojournalist expert having been on more scenes than any of us he is also the expert on legal settlements.
$175,000 is a huge settlement, because not only do you not have to go to the trouble to present your which costs a lot of money and time, you actually know you are going to collect the settlement.
So you give up a few things to settle like not getting the admission of wrongdoing.
In a trail there is one big winner and one big loser and it takes years before they are over. In a settlement both sides give up something to where hopefully neither is happy, the mark of a really good settlement.
I'm a cop genius, not a photographer. I have been assaulted by grieving family members and friends and didn't arrest them. I can look the other way on a simple pushing or whatever by somebody who just lost somebody close to them. I'm a man, I can take a little push from a grieving person without crying assault.
Tim,
I have give you lots of credit in that case. If you read my first line you'll see that I also said I can understand the emotional stress these people were under.
No one wants to lose anyone they care about. Sometimes lashing out at someone is the only reaction that people have. I understand that as well.
I also know that like the police, photojournalist are just there to do their job which is to cover the story. In this case people want to know that the officers got the best emergency medical treatment possible, that's the part that's news. Which is one of the reasons they went to the hospital.
Responsible journalists don't want photos of a dead body for the sake of having a photo of a dead body and most outlets aren't going to publish it anyway. There may be times when that photo is the only way to tell the story but most of the time there are many other ways. Parents, friends and relitives don't need to see a photo of their loved one right after some kind of death unless they want to. They don't need to have people emailing it to them with all kinds of absurd statements attached to it.
Duane..
But see, YOU use common sense. Cops on the other hand..
Rail Car Fan
Even though he was treated poorly by the police he was a good photog. He got lots of good footage from what I can tell.
All it comes down to is that he was strong armed out of his, and our, rights to be on public property. He was forced down a public street that he had ever right to be on. I understand that the men in the video were emotionally stressed but that does not make what they did right. Many people are emotionally stressed every day and many times most of us would say they would be justified in acting out some of their ill thoughts but they don't because they are grown men and women. These men have not learned that they can't just make other people do what they want. They have been taught from day one of the police academy that they are the law and they are always right but such is not the case. One of my professors was a police officer and he said that no matter what anyone says the only two reasons anybody becomes a cop is to drive fast and carry a gun. I believe him and I don't get along with him most of the time because of the traits he picked up as a police officer.
Tim J.:
You cleverly refer to how you would tolerate a " push '
from some poor obviously distraught grieving relative of a deceased person , as if that was the case here. It is not.
You cannot compare a push with an assault ; the photog was slammed back with enough force that the lens broke, and no doubt the same " emotion " used as a pathetic excuse can be called upon anytime a cop wants to violate rights and the law.
Cops KNOW that filming is legal , and they know that they are violating rights when they allow their emotions to control their actions. What other " professions " and I use the term extremely loosely, would tolerate their members using emotion as an excuse?
What would a doctor in an ER do if he/she allowed their emotions to cloud their duties? Cops make their job category out to be some kind of exalted status symbol of speciality and deserving of extra rights and to be ignored when in violation of the law.
Alaskan fishing is more dangerous, but crab and fish catchers are not heard demanding private police enforced exclusion zones around the hospitals where their pals are taken to protect their ' dignity ' from the news media and the public. Just because a cop believes his work is " difficult ' and at times dangerous, that they automatically get a pass on law breaking and civil rights violations .
This outrageous nonsense has led to the loss of liberty and great cost, both personal and monetary for thousands of Americans at least, as citizens in every state suffer under the oppressive thumb of a police force with no fear of consequences and their bosses firmly behind them no matter what.
in this day and age of the coming police state , the only way possible to get a cop to adhere to the law is to have irrefutable video evidence , and with the willingness of the cops to steal and destroy evidence, in violation of the law, it becomes almost impossible to keep cops in line at all.
There is only ONE way to help: require by LAW that ALL active duty cops wear a tamperproof small camera/audio unit that is downloaded directly and only to a secure unit not affiliated with the police and stored permemnently, with no way for any cop to get to it.
All interactions between cops and the public would be plainly and undeniably preserved for later use should a citizen complaint be made.
If the cop had moved the lens or otherwise interfered with the recording and it was unavailable, all charges against any defendant showing the evidence was necessary to their defense would be dismissed, thus discouraging the cops from jinxing the process intentionally.
Actually, for real acountability, perhaps all that video should be freely available to anyone at anytime
online so citizens could examine all encounters and report violations in case any violations had gone unreported. Some poor slob illegally arrested and unable to make bond has no way to prove the cop was wrong until he gets out and to a computer, so this kind of review might be very helpful.
What would Army troops accomplish if every time one of their pals is killed they fall apart and go wild? Discipline cannot be maintained in an atmosphere of emotion , and above all, cops today need far more discipline than ever before...they are proving daily that they cannot be trusted to do the right thing all the time, and that means they need watching..close watching.
Richie, on one scene I had a father go nuts. I had to help another officer restrain him. During the struggle he caught me with an elbow and I ended up get 4 stitches.
He was handcuffed and put in my car. Once he calmed down I released him but completed an a&b on a police officer complaint.
When the prosecutor contacted me he told me he would file charges if I wanted to but given the situation he was willing not to if I didn't object. I told him I didn't want to prosecute and he didn't get charged.
I did receive a letter from the man a few weeks after the incident apologizing for his behavior and thanking me for the way I treated him, and not arresting him. Given the circumstances I would have dropped the charges anyways but his letter made it easier to.
My point is you have to look at the totality of the circumstances. Given this situation where 4 cops were killed I think this guy should have taken compensation for any damage and been on his way. I don't think I could enjoy the money knowing the circumstances around it.
"What would Army troops accomplish if every time one of their pals is killed they fall apart and go wild?"
They didn't fall apart and go wild, they told him to leave, he refused and they escorted out of the crime scene.
Late to this conversation but I had a comment and question.
You state that you chose not to have the prosecutor file charges against the man who clipped you. It sounds like you want an "atta-boy" for your decision. Sorry, but big f'ing deal. You did the right thing and you think it is signifigant. For the majority of us your big decision would be a no-brainer. Also, last I checked the Prosecuter decides whether or not charges can be dropped once filed. Once again though, it sounds like you want props for doing the right thing as if it something special (maybe for you it is).
Question - (from your comment)"What would Army troops accomplish if every time one of their pals is killed they fall apart and go wild?"
They didn't fall apart and go wild, they told him to leave, he refused and they escorted out of the crime scene. "
Are you talking about the cops in the video above? If so - there was no crime scene to be escorted from (unless you count them putting up tape ironically around the area where they had just committed a crime by attacking the videographer). Also, sorry but how could you say they didn't "fall apart and go wild" - the video we all watched clearly shows that they did.
All the talk in the world won't convince either side. Tim J. is Johnny Law.
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