Criminologist Dr. Rex Curry, Criminal Justice Technology, Forensics, Criminology, Lawyer, Attorney, Professor
Criminologist Dr. Rex Curry, Criminal Justice Technology, Forensics, Criminology, Lawyer, Attorney, Professor


SCHEDULED ASSIGNMENTS (Assignments by calendar dates can be seen by scrolling down)

Dr. Rex Curry - Criminal Justice Technology, Criminology, Evidence & Procedure, Scientific Evidence, Forensics, Undergraduate Program

A syllabus for each class follows:

CIVIL LIABILITY IN CRIMINAL JUSTICE CJL 2072
http://home.earthlink.net/~lawyercurry/ccj-syllabus-criminal-evidence&procedure.html
click here for exercise, test, & quiz questions for Civil Liability in Criminal Justice (or see below)
click here for powerpoint presentations for each chapter in Civil Liability in Criminal Justice (or see below)
The book required for the class is to the right -->

TORT LAW FOR LEGAL ASSISTANTS, Third Edition
There is an old, incomplete version of the textbook on Google at
http://books.google.com/books?id=RtoPluLrG7kC&printsec=toc&output=html
Webtutor
http://thomsondemo.webct.com/public/EDWARDSdemo/index.html


RESOURCES:

Court TV is at http://www.courttv.com/   Crime Library http://www.crimelibrary.com/  
C-Span has a Supreme Court section http://www.c-span.org/

The SCOTUS (United States Supreme Court) homepage is at http://www.supremecourtus.gov/
The SCOTUS (United States Supreme Court) cases in audio are at http://www.oyez.org/oyez/frontpage
The 11th Cir. (United States' Eleventh Circuit Court of Appeals) homepage is at http://www.ca11.uscourts.gov/
The SCOFLA (Supreme Court of Florida) also has oral arguments that can be viewed and heard at http://www.wfsu.org/gavel2gavel/
The 2DCA (Second District Court of Appeal) homepage is at http://www.2dca.org/

LAW ENFORCEMENT LINKS
Officer involved shootings guidelines http://www.theiacp.org/div_sec_com/sections/OfficerInvolvedShooting.pdf
Section 1983 Update [Civil Liability], Elliot Spector, Hartford, CT http://www.aele.org/spector2006.pdf
Supreme Court Cases of Interest to Law Enforcement by Beverly A. Ginn, Edwards & Ginn, Tucson, AZ http://www.aele.org/ginn2006.pdf
Are We Breeding a Police Culture of Additional Victims, 32:1 POLICE MARKSMAN 16 (2007)
http://www.policeone.com/writers/columnists/CharlesRemsberg/articles/1186521/
"Reminders that Could Save Your Bacon After a Shooting" http://glocktalk.com/sitemap/topic/615134-1.html
The above two articles re Chuck Remsberg and Chief Jeff Chudwinon the basics of handling the before and aftermath of a self-defense shooting. Good advice for civilian clients too (esp. the ones who own legally own firearms and have the foresight to find a competent defense attorney in case they ever need to use them.) The discussion of handling an officer in an officer-involved shooting case vs. handling a citizen suspected of a homicide is interesting reading and possibly could be used for cross-examination in a self-defense case.


Tort Law for Legal Assistants Criminal Justice Introduction Dr. Rex Curry

Buy This Book !

Civil Liability Dr. Rex Curry

Expert Witness Dr. Rex Curry Attorney Lawyer

Students in Civil Liability in Criminal Justice need to check their hcc email often, even daily if possible because the instructor often communicates to all students with emails sent at the same time to all students about class discussions.

For each class meeting, every student should bring # 2 pencils and some scantron answer sheets (available in the book store).

The following is information used in some classes but not necessarily every class. A syllabus for a particular class will be listed above and should be consulted for details.

One purpose of this web page is to try to provide all class topics in advance in order to never have to orally inform students what the day's topics are in class.  If there is ever a class in which the instructor does not appear (due to court emergency etc, or that is otherwise cancelled) the assignment in such an event is to spend the entire class time reviewing the audio or video of the case arguments for that date (as stated on this web page), and to read all written case opinions for that date (as stated on this web page) and to write one entire page (or more if you desire) describing those cases and the holdings, and to turn that assignment in at the next class, and to be prepared to deliver the one page comments orally at the next class, and to discuss them.

THE COLUMN FOR TORT LAW FOR LEGAL ASSISTANTS IS ON THE LEFT
THE COLUMN FOR CIVIL LIABILITY IN CRIMINAL JUSTICE IS ON THE RIGHT

Table of Contents:

Chapter 1: Introduction.

Chapter 2: Overview of a Tort Case.

Chapter 3: Intentional Torts.

Chapter 4: Negligence: An Overview.

Chapter 5: Negligence: Duty.

Chapter 6: Negligence: Breach of Duty.

Chapter 7: Negligence: Causation.

Chapter 8: Negligence: Damages.

Chapter 9: Negligence: Defenses.

Chapter 10: Malpractice.

Chapter 11: Misrepresentation, Nuisance and Other Torts.

Chapter 12: Strict Liability.

Chapter 13: Products Liability.

Chapter 14: Defamation and Related Torts.

Chapter 15: Vicarious Liability.

Chapter 16: Joint Liability.

Chapter 17: Tort Reform.

Chapter 18: Automobile Insurance.

Chapter 19: Bad Faith.

Chapter 20: Workers Compensation.

Table of contents:

Chapter 1 Overview of Civil Liability in Criminal Justice

Chapter 2 Foundations of Liability

Chapter 3 Civil Liability Under State and Federal Tort Law

Chapter 4 Civil Liability and Federal Law: Section 1983 Litigation

Chapter 5 Defenses to Civil Litigation and Risk Management

Chapter 6 Administrative and Supervisory Liability

Chapter 7 Liability for Failure to Train

Chapter 8 Operating Criminal Justice Agencies Under a Consent Decree

Chapter 9 Use of Force in Law Enforcement and Corrections

Chapter 10 Section 1983 and Correctional Liability Issues

Chapter 11 Section 1983 Actions in Law Enforcement

Chapter 12  Liability and Wrongful Custodial Death

Chapter 13 Personnel Issues and Liability

Chapter 14 Conclusions: Shifting Directions in Civil Litigation



TORT LAW FOR PARALEGALS
& RE CIVIL LIABILITY IN CRIMINAL JUSTICE
http://www.youtube.com/watch?v=vdjuFOnXxp4
http://www.youtube.com/watch?v=8t4bon4GFKQ
http://www.youtube.com/watch?v=S7g4X7Rk_9M
http://www.youtube.com/watch?v=n8aJIU5zFDw
http://www.youtube.com/watch?v=O26MbTexwxI
http://www.youtube.com/watch?v=juUOVyHZKv8
http://www.youtube.com/watch?v=-z9g03Metv0
http://www.youtube.com/watch?v=ZgMaJwMJYXE
http://www.youtube.com/watch?v=TLoLSa3qsuA


Chapter 1 mentions the cases from Waco, Texas and Ruby Ridge, Montana (page 3?).

Students in Civil Liability in Criminal Justice need to check often (even daily if possible) for hcc email and the class email linked on the class homepage  because the instructor often communicates with emails sent at the same time to all students about class discussions.

Compare the Civil Liability outcomes between Ruby Ridge (Randall Weaver) and Waco (Branch Davidians). In the summer of 2000, the FBI prevailed in a civil lawsuit brought by survivors and families of the Branch Davidian group. BATF agents tried to arrest David Koresh in February 1993 and were resisted, with six agents killed and several injured. A 50 day siege ended when the main housing structure burned as FBI agents attempted to enter.

Four million dollars in damages was paid for the deadly force incident in 1995 at Ruby Ridge. It left one U.S. Marshal and the wife and two children of Randal Weaver dead. An FBI sniper shot and killed Vicki Weaver and her infant child, and a U.S. Marshal shot and killed the Weavers' 14-year-old son. Federal agents were attempting to arrest Weaver on suspected charges of possessing and selling illegal firearms.

These instructions are from the syllabus (with some additions) and they assist me in gaining feedback about the powerpoint shows and movies, so please help me out in that regard -

1. From the opening homepage of the webcourse (it contains a photograph
of an expert gesturing at a poster-sized court exhibit) click on "Discussions" and glance at (but at this time do not reply to) the topic of discussion on the course website for the corresponding week(s)/chapter(s). You might have to click on a small green arrow to the left of a subject or title in order to read the text.
You will post a reply later, after completing the other steps below.

2. From the opening homepage of the webcourse (it contains a photograph
of an expert gesturing at a poster-sized court exhibit) click on "Powerpoint Shows and Summary Lecture Notes" and view the powerpoint presentation(s) for that week's chapter. Each chapter will have at least one powerpoint show (or a video that was created from the powerpoint with audio added). If your computer does not have powerpoint, and if you need a viewer to view the powerpoint shows, then please do a search for "powerpoint viewer" on the web to find free downloads that will enable viewing. The videos also allow a student to
pause the video, and to rewind and forward easily, with controls at the
bottom of the video.

3. Read the corresponding chapter(s) in the book for that week as listed
in the syllabus.

4. Return to number 1 above and reply to the last reply that was made. If you are the first to reply, then you will reply to the instructor's original post. If you are not the first to reply then you will reply to the last student who replied. Do not start a "new discussion." Always hit the reply button. In your reply put your answers/responses for the discussion and make reference to the book's information and the powerpoint/video in your responses to the discussion topics. It is important to demonstrate that the chapters in the book have been read and that the powerpoints/videos have been viewed, so please refer/repeat the book's
information and the powerpoints/videos in your posts. The reason for
glancing at the discussions (step #1 above) is so that you can begin
formulating in your mind your response (later) while you read the book and review the powerpoints/videos, to aid you in referencing the book and the powerpoints/videos.

When replying to the instructor's first post or in any first reply by a student, please reference the powerpoint show (or movie if there is a movie with audio created from the powerpoint) and also reference any links et cetera that are included in the instructor's first post.  In other words, try to demonstrate an understanding of all of the chapter's items together and how they are related.  That is what distinguishes a poor reply from an exemplary reply.

If the procedure above is followed, then it will enable an eventual global view of all posts by all students by use of the small button that has a magnifying glass in it. That will facilitate students replying to other students and enlarging the discussions.

Students can also do additional work by replying to additional student posts, in which the earlier post is critiqued or explained, and thus an actual back and forth dialogue can occur.  Students can assist each other by clearing up another student's errors or confusion, or answering another student's questions. That will impress the instructor.

Even if there is a Thursday or other day when the college is closed (holidays etc),
students must read the corresponding chapters and address those chapters in online discussions during that week.  

Students should not work ahead because then those students will not be engaging
in discussions with other students who follow the weekly schedule. (Although students can clearly read ahead and prep discussion posts on their own and then post them on schedule, however, if such students fail to post in response to other student posts, or fail to participate in discussions with other students, then that will impact the grade negatively.

At http://www.youtube.com search for the topics about Branch Davidians in Waco, Texas, and Randy Weaver in Ruby Ridge, Montana and then please view two or more videos on those cases and "cut and paste" the url or link for those videos so that you can include them in your reply (so that other students will be able to view the same videos you viewed).

Please refer to what you find in the web search videos and relate it to the book's comments in this chapter and please refer to the powerpoint show or video that is on webct "Summary Lecture Notes."




Chapter 2 Foundations of Liability

Students in Civil Liability in Criminal Justice need to check their hcc email and the class email section often (even daily if possible) because the instructor often communicates with emails sent at the same time to all students about class discussions.

These instructions are from the syllabus (with some additions) and they assist me in gaining feedback about the powerpoint shows and movies, so please help me out in that regard -

1. From the opening homepage of the webcourse (it contains a photograph of an expert gesturing at a poster-sized court exhibit) click on "Discussions" and glance at (but at this time do not reply to) the topic of discussion on the course website for the corresponding week(s)/chapter(s). You will post a reply later, after completing the other steps below.

2. In the discussion section there should be attached to the discussion topic a powerpoint show about the topic of the chapter. Please view it. There should also be the same powerpoint(s) available under "Powerpoint Shows and Summary Lecture Notes" on the class homepage. Each chapter will have at least one powerpoint show (or a video that was created from the powerpoint with audio added). If your computer does not have powerpoint, and if you need a viewer to view the powerpoint shows, then please do a search for "powerpoint viewer" on the web to find free downloads that will enable viewing. The videos also allow a student to pause the video, and to rewind and forward easily, with controls at the bottom of the video.

3. Read the corresponding chapter(s) in the book for that week as listed in the syllabus.

4. Return to number 1 above and reply to the last reply that was made under the discussion section. If you are the first to reply, then you will reply to the instructor. If you are not the first to reply then you will reply to the last student who replied. Do not start a "new discussion." Always hit the reply button. In your reply put your answers/responses for the discussion and make reference to the book's information and the powerpoint/video in your responses to the discussion topics. It is important to demonstrate that the chapters in the book have been read and that the powerpoints/videos have been viewed, so please refer/repeat the book's information and the powerpoints/videos in your posts. The reason for glancing at the discussions (step #1 above) is so that you can begin formulating in your mind your response (later) while you read the book and review the powerpoints/videos, to aid you in referencing the book and the powerpoints/videos.

When replying to the instructor's first post or in any first reply by a student, please reference the powerpoint show (or movie if there is a movie with audio created from the powerpoint) and also reference any links et cetera that are included in the instructor's first post.  In other words, try to demonstrate an understanding of all of the chapter's items together and how they are related.  That is what distinguishes a poor reply from an exemplary reply.

If the procedure above is followed, then it will enable an eventual global view of all posts by all students by use of the small button that has a magnifying glass in it on the discussion page. That will facilitate students replying to other students and enlarging the discussions.

Students can also do additional work by replying to additional student posts, in which the earlier post is critiqued or explained, and thus an actual back and forth dialogue can occur.  Students can assist each other by clearing up another student's errors or confusion, or answering another student's questions. That will impress the instructor.

The assignment for this chapter includes all of the above as well as the following

At http://www.youtube.com search for the topics about civil liability, torts, tort law (or any type of tort mentioned in the chapter) and then please view a video and "cut and paste" the url or link for that video so that you can include them in your reply (so that other students will be able to view the same video you viewed).

Please refer to what you find in the web search videos and relate it to the book's comments in this chapter and please refer to the powerpoint show or video that is on webct "Summary Lecture Notes."




Chapter 3 Civil Liability Under State and Federal Tort Law

Chapter 3 mentions Malicious Prosecution (page 45?).

CIVIL LIABILITY IN CRIMINAL JUSTICE
In the New York Times, on August 2, 2007, Richard Moran wrote: "Last week, Judge Nancy Gertner of the Federal District Court in Boston awarded more than $100 million to four men whom the F.B.I. framed for the 1965 murder of Edward Deegan, a local gangster. It was compensation for the 30 years the men spent behind bars while agents withheld evidence that would have cleared them and put the real killer — a valuable F.B.I. informant, by the name of Vincent Flemmi — in prison.
    Most coverage of the story described it as a bizarre exception in the history of law enforcement. Unfortunately, this kind of behavior by those whose sworn duty it is to uphold the law is all too common. In state courts, where most death sentences are handed down, it occurs regularly.
    Moran continues: My recently completed study of the 124 exonerations of death row inmates in America from 1973 to 2007 indicated that 80, or about two-thirds, of their so-called wrongful convictions resulted not from good-faith mistakes or errors but from intentional, willful, malicious prosecutions by criminal justice personnel. (There were four cases in which a determination could not be made one way or another.)
    Yet too often this behavior is not singled out and identified for what it is. When a prosecutor puts a witness on the stand whom he knows to be lying, or fails to turn over evidence favorable to the defense, or when a police officer manufactures or destroys evidence to further the likelihood of a conviction, then it is deceptive to term these conscious violations of the law — all of which I found in my research — as merely mistakes or errors."

Compare the above to the Aisenburg case in Tampa, Florida and the litigation that resulted from it. How did that litigation end? Did the Judge think that the investigation involved negligence or malicious prosecution? Feel free to research it on the web or on Youtube. Do not cite Wikipedia in this class.




Chapter 4 Civil Liability and Federal Law: Section 1983 Litigation
Civil Liability, Acting Under Color of Law, and more

The concept of "Acting under color of law" is included in chapter 4. How is that issue raised in this video?
http://www.youtube.com/watch?v=XW8eTe_Ank8

Here is an attorney for a police department speaking to the judge and the judge makes a comment about the police acitivity.
http://video.google.com/videoplay?docid=-2105208177850164662

This chapter also mentions another avenue of civil liability in criminal justice: the Federal Tort Claims Act, 28 U.S.C. ss 1346(b) (probably page 48-49). It has also been used in many diverse cases against the United States government including Bean v. United States, a lawsuit over the government's swine flu vaccination program, allegedly resulting in adverse medical reactions known as "drop foot."

The Federal Tort Claims Act could also be used to sue the federal government in cases where federal agents acted in a tortious (negligent) manner resulting in injury (such as in a traffic accident or if a dog attacked or traumatized someone in the incident at Stratford High School in Goose Creek, near Charleston, South Carolina, although the federal government was not involved in that).  There is video of the dog incident on Youtube and in these links
http://www.youtube.com/watch?v=N6r9neE89Fg
http://www.youtube.com/watch?v=xjMfckchl_s
http://highwire.stanford.edu/~straffin/JS1111.rm

The chapter mentions "Bivens Actions" which are lawsuits against federal employees (not against the federal government). Such actions can be brought for violations of the Fifth Amendment's due process clause (Davis v. Passman 1979). It is possible to imagine how that might happen also in a drug dog case similar to this one (which did not result in a civil lawsuit, but only suppression of evidence).
http://members.ij.net/rex/law-drugs-suppress.pdf

Please discuss a topic in the book's chapter, the linked cases, the videos, or in the powerpoint show(s) that correspond to this chapter on the class web page (which you should view).




Chapter 5 Defenses to Civil Litigation and Risk Management
Depositions

This chapter mentions depositions (probably page 73)

At http://www.youtube.com search for the topic of depositions (using words such as: deposition, depositions, depo, deponent, court reporter, transcribe) and then please view two or more videos of depositions and "cut and paste" the url or link for those videos so that you can include them in your reply (so that other students will be able to view the same videos you viewed).

Please refer to what you find in the web search videos and relate it to the book's comments about discovery and depositions and please refer to the powerpoint show(s) or video(s) on webct "Summary Lecture Notes."

And otherwise discuss the topics that intrigue you in the book's chapter and in the powerpoint show.

Here is a recap of the method for this class -

1. From the opening homepage of the webcourse (it contains a photograph of an expert gesturing at a poster-sized court exhibit) click on "Discussions" and glance at (but at this time do not reply to) the topic of discussion on the course website for the corresponding week(s)/chapter(s). You will post a reply later, after completing the other steps below.

2. In the discussion section there should be attached to the discussion topic a powerpoint show about the topic of the chapter. Please view it. There should also be the same powerpoint(s) available under "Powerpoint Shows and Summary Lecture Notes" on the class homepage. Each chapter will have at least one powerpoint show (or a video that was created from the powerpoint with audio added). If your computer does not have powerpoint, and if you need a viewer to view the powerpoint shows, then please do a search for "powerpoint viewer" on the web to find free downloads that will enable viewing. The videos also allow a student to pause the video, and to rewind and forward easily, with controls at the bottom of the video.

3. Read the corresponding chapter(s) in the book for that week as listed in the syllabus.

4. Return to number 1 above and reply to the last reply that was made. If you are the first to reply, then you will reply to the instructor. If you are not the first to reply then you will reply to the last student who replied. Do not start a "new discussion." Always hit the reply button. In your reply put your answers/responses for the discussion and make reference to the book's information and the powerpoint/video in your responses to the discussion topics. It is important to demonstrate that the chapters in the book have been read and that the powerpoints/videos have been viewed, so please refer/repeat the book's information and the powerpoints/videos in your posts. The reason for glancing at the discussions (step #1 above) is so that you can begin formulating in your mind your response (later) while you read the book and review the powerpoints/videos, to aid you in referencing the book and the powerpoints/videos.

When replying to the instructor's first post or in any first reply by a student, please reference the powerpoint show (or movie if there is a movie with audio created from the powerpoint) and also reference any links et cetera that are included in the instructor's first post.  In other words, try to demonstrate an understanding of all of the chapter's items together and how they are related.  That is what distinguishes a poor reply from an exemplary reply.

If the procedure above is followed, then it will enable an eventual global view of all posts by all students by use of the small button that has a magnifying glass in it. That will facilitate students replying to other students and enlarging the discussions.

Students can also do additional work by replying to additional student posts, in which the earlier post is critiqued or explained, and thus an actual back and forth dialogue can occur.  Students can assist each other by clearing up another student's errors or confusion, or answering another student's questions. That will impress the instructor.




Chapter 6 Administrative and Supervisory Liability

Please discuss the topics that intrigue you in the book's chapter and in the powerpoint show.




Chapter 7 Liability for Failure to Train
Chapter 7 mentions failure to train, and that topic is raised in the following case

    Donnie James White, 45, of Tampa, was arrested and charged with one count of public mutilation of the flag, a misdemeanor on July 9, 2007
    Newspapers reported the following: When White, 45, appeared in court Tuesday after a night in jail, an Assistant State Attorney made a case for the charge to stick.
    "He rubbed a flag across his body," that ASA said. "He stomped on it. He dragged it down the street."
    "Sounds like probable cause to me," said a Circuit Judge, usually a family law judge, who was filling in on the criminal side.
    The judge set bail at $500. White allegedly had previous arrests include criminal mischief and disorderly conduct.
   
Is there civil liability?

    White didn't post bail before prosecutors got him released at 11:25 a.m. Thursday.
    "The United States Supreme Court has made it clear that this type of statute is unconstitutional," spokeswoman Pam Bondi said. "The defendant's conduct is protected under the First Amendment."
    Criminal penalties for desecration of the flag were contained in Title 18 of the United States Code prior to 1989. The Supreme Court decision in Texas v. Johnson (June 21, 1989), held the statute unconstitutional. This statute was amended when the Flag Protection Act of 1989 (Oct. 28, 1989) imposed a fine and/or up to I year in prison for knowingly mutilating, defacing, physically defiling, maintaining on the floor or trampling upon any flag of the United States. The Flag Protection Act of 1989 was struck down by the Supreme Court decision, United States vs. Eichman (June 11, 1990).
    Thinking the "public mutilation of a flag" statute remained viable, Tampa police officers in the past year accused two men in three separate instances of the first-degree misdemeanor.
    The charge carried a punishment of up to one year in jail and a maximum $1,000 fine. But the Hillsborough State Attorney's Office dropped all three cases, including that of Donnie White's on Thursday.
    Yet, according to the St. Petersburg Times: There was a flag mutilation case in Pinellas County in 2002. The defendant pleaded guilty to that charge and others and was put on probation.
    Arguably, the police, the judge and at least one prosecutor were ignorant of the law. There is an old saying that "ignorance of the law is no excuse." Is that true for police, judges and prosecutors?

Things have changed a lot regarding flag law. On November 9, 1918, the Kansas Supreme Court heard the appeal of Frederick Shumaker, Jr. for his conviction for having made to someone a "vulgar and indecent" comment about flags.  The justices voted unanimously to uphold Shumaker's conviction.

It is interesting to note at that time an early salute to the U.S. flag was the stiff-arm salute. It was not the modern hand-over-the-heart. Here is a photograph http://members.ij.net/rex/z1c.jpg

Pledge Allegiance, Francis Bellamy, Edward Bellamy, Swastika It was used in the USA for three decades before it was adopted by the National Socialist German Workers Party. Many people in the U.S. were persecuted for refusing to perform the stiff-arm salute. Children were expelled from government schools. People were even arrested and beaten.

Please discuss the topics that intrigue you in about the above, and about the book's chapter, and in the powerpoint show.




Chapter 8 Operating Criminal Justice Agencies Under a Consent Decree
The Rodney King case & Consent Decress for Operating CJ Agencies

Chapter 8 mentions (page 170?) the Rodney King case (1991) which is also mentioned in other parts of the book (pages 3, 28 & 181?).

Here is some video of police testimony from that case
http://www.youtube.com/watch?v=YG7fR51dfSY
http://www.youtube.com/watch?v=kfhlVXksjhs
http://www.youtube.com/watch?v=Mnytxg8qOi8

There are probably other videos that show other aspects of the case (other than police testimony). If you find others please share the links by posting them in your discussion replies.

Please discuss the topics that intrigue you about the above, and about the book's chapter, and in the powerpoint show.
 



Chapter 9 Use of Force in Law Enforcement and Corrections
The International Association of Chiefs of Police (IACP) & use of force worldwide

This chapter states that the International Association of Chiefs of Police (IACP) has been studying the use of force by the police since 1991 (page 193?).

The term "Gestapo tactics" is sometimes used in movies and popular culture to refer to excessive use of force or police-state behavior. Its etymology is from the German language under the National Socialist German Workers Party and its internal security police [Ge(heime) Sta(ats)po(lizei), secret state police : geheim, secret + Staat, state + Polizei, police.]  They used the swastika symbol which, although an ancient symbol, was also used sometimes by German National Socialists to represent overlapping S-letters for their "Socialist" dogma (similar alphabetical symbolism was used by the SS Division and is still visible today as Volkswagen's VW symbol).

The National Socialist German Workers Party had begun in 1920 as a small group and grew to take over Germany.

Edward Bellamy, Francis Bellamy, Looking Backward, the Pledge of Allegiance, Criminology, Criminologist Dr. Rex Curry & Libertarian Criminology & self defense against the government & the worst mass murderers In 1939 the National Socialist German Workers Party joined as allies with the Union of Soviet Socialist Republics to invade Poland in a pact to divide up Europe, spreading World War II. It led to the worst slaughter of humanity in history: ~60 million slaughtered under the Union of Soviet Socialist Republics; ~50 million under the Peoples Republic of China; ~20 million under the National Socialist German Workers Party. Here is a large image of the criminals involved

http://members.ij.net/rex/socialists8b.jpg

After Soviet Socialists broke with German Socialists, the War ended, and Germany was one of the losers. Germany was divided (1949-1990) and East Germany under Soviet Socialism acquired another notorious "police" agency known as the Stasi (from Staatssicherheit or State Security). The Stasi's motto was "Schild und Schwert der Partei" (Shield and Sword of the Party), referring to the Socialist Unity Party of Germany, and Soviet Socialism. Soviet Socialists used the notorious symbol known as the hammer-and-sickle.

All of the above resulted in the Nuremberg Trials for war crimes (in which, it is ironic to note, the Union of Soviet Socialist Republics participated against the National Socialist German Workers Party, while at the very same time the USSR was continuing to slaughter millions more people). 

It also resulted in civil liability in the form of reparations from the Federal Republic of Germany (West Germany - East Germany never provided any compensation to Holocaust survivors) . The reparations included $715 million in goods and services; $110 million to the Claims Conference for programs to finance the relief, rehabilitation, and resettlement of survivors; and direct reparations to selected individuals over a 12-year period. Germany was once compensating 275,000 survivors.

Has there ever been civil liability levied or collected against the Union of Soviet Socialist Republics or the Peoples' Republic of China for the millions more people they robbed and killed? Would they owe more money than West Germany or all of Germany?

*********************

Civil liability for the government's torture
and its secret stash of child pornography?


District Court ordered the Release of Visual Evidence of Abuse in Afghanistan and Iraq (6/9/06 and 6/21/06) (The rest of the Abu Ghraib photos).

American Civil Liberties Union et. al., v. Department of Defense et. al.,
Case # 04 Civ 4151 (AKH) (SDNY 06/09/06)
http://www.aclu.org/torturefoia/legaldocuments/DistrictCourtOrder060906.pdf

U.S. District Judge Alvin K. Hellerstein ordered the release of certain pictures, saying terrorists in Iraq and Afghanistan have proven they "do not need pretexts for their barbarism."

Matt Welch in the April 2005 edition of the libertarian magazine Reason said "NBC News reported that they show 'American soldiers beating one prisoner almost to death, apparently raping a female prisoner, acting inappropriately with a dead body, and taping Iraqi guards raping young boys.'"

In rejecting the government's opposition, he stated that his job was "not to defer to our worst fears, but to interpret and apply the law, in this case, the Freedom of Information Act, which advances values important to our society, transparency and accountability in government."

The ruling was expected to be appealed, which could delay a release for months.

Please discuss the topics that intrigue you in about the above, and about the book's chapter, and in the powerpoint show.




Chapter 10 Section 1983 and Correctional Liability Issues

Please discuss the topics that intrigue you in about book's chapter, and in the powerpoint show.




Chapter 11 Section 1983 Actions in Law Enforcement
Searches and Seizures et cetera

Chapter 11 includes the topic of searches and seizures (page 288?).

A recent development in criminal justice is that police officers are kept permanently in government schools.

Please view the raid at Goose Creek High School in Charleston, South Carolina in the links below. If you find any other video links please let me know.

Goose Creek High School Raid Drug Dogs
As you can imagine, civil litigation resulted from the incident. Try to discover if the litigation is finished and any information about the outcome. Share your opinions about it.

Perform some research on the incident and share it with the other students. Here are video examples -

http://www.youtube.com/watch?v=N6r9neE89Fg
http://www.youtube.com/watch?v=xjMfckchl_s
http://highwire.stanford.edu/~straffin/JS1111.rm

Goose Creek High School Raid Drug Dogs

Is the display of firearms and use of dogs excessive use of force?
Canines are also mentioned in the text book (page 220?).
If an officer's gun was accidentally discharged and a minor was injured or killed, would the officer be criminally charged?
Would the officer(s) have civil liability?



News reports on August 05, 2007 stated that in Noble Oklahoma police killed 5-Year Old Austin Haley while the police were shooting at a snake. A stray bullet fired by a police officer hit the boy while he was fishing at a nearby pond with his grandfather, Jack Tracy. "I'm not saying the cop shot him on purpose," Tracy said. "It was an accident. But let me tell you — if I had a kid and put him in this car and didn't put him in a car seat and he got killed on the way to town, they'd charge me with murder ... and what this cop did is a lot worse than that."

********************

Failure to Protect is another issue in Chapter 11 (at page 281?).  One of the reasons for the 2nd Amendment of the U.S. Consitution (the right to keep and bear arms) is so that individuals can protect themselves and thereby avoid a "failure to protect" problem from police. The Second Amendment includes the right of individuals to protect themselves from government and government officials. That is related to the right of individuals to protect themselves from the excessive use of force.

It is a reminder of this HEADLINE: Man Shot Dead July 22 by British Police was Innocent Brazilian Bystander Mistaken for Suspect in London Bomb Attacks. The man was Jean Charles de Menezes.

This is the Elio Carrion shooting - was it accidental?
http://www.youtube.com/watch?v=y9ptUA98D90

Another example is that of Rigoberto Alpizar, a unarmed man with a caring family and friends, shot to death by two federal employees in a jetway at Miami International Airport.

What were the results of those shootings and any litigation?

There are other videos available in searches such as "police shooting"

Please relate the above to the book's chapter and the powerpoint show.




Chapter 12  Liability and Wrongful Custodial Death
Recent Florida Boot Camp incident re death in custody

Perform some research on the Martin Anderson incident where a young man died in a Florida "Boot Camp" facility. Share any useful web links et cetera  with the other students.  You might also want to look for videos about the incident on You Tube

http://www.youtube.com/

Please discuss the above in relation to book's chapter and the powerpoint show.




Chapter 13 Personnel Issues and Liability
Drug testing law enforcement and use of drug dogs

This chapter includes the topic of drug testing law enforcement. A related issue would be the use of drug dogs to detect drugs within law enforcement, similar to how drug dogs have been used in government schools and other places.

Also review these cases in which I filed a motion to suppress regarding a
drug dog
http://members.ij.net/rex/word-drug-dogs.html
and at  http://members.ij.net/rex/1case-sniffdogs-2DCA-win.pdf
Here is another one of my wins in a sniffer dog case
http://members.ij.net/rex/law-drugs-suppress.pdf
Here is an article from Playboy Magazine regarding Drug Dogs
http://members.ij.net/rex/drugdog.jpg

Please try to think of ways to criticize how the dogs are performing in the following videos

http://www.youtube.com/watch?v=y_eEpaomBFk

http://www.total-german-shepherd.com/GSDdrugdogs.html
and the direct url on youtube is
http://www.youtube.com/watch?v=SvnU69mi7QY

Barry Cooper
http://www.youtube.com/user/nevergetbusted

Please relate the above to the book's chapter and the powerpoint show.




Chapter 14 Conclusions: Shifting Directions in Civil Litigation

Please discuss the topics that intrigue you in about book's chapter, and in the powerpoint show.





DO NOT CITE WIKIPEDIA - DON'T CITE WIKIPEDIA

Colleges, schools and news media warn writers not to cite wikipedia as a source.  A google search for "DO NOT CITE WIKIPEDIA" and "DON'T CITE WIKIPEDIA"  provides many examples. Rather than a scholarly source, wikipedia is an anonymous bulletin board where anyone can delete truthful information, where anyone can post lies, and people who want to re-post the truth can be blocked to prevent future corrections.







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Swastika, Edward Bellamy, Francis Bellamy, Pledge of Allegiance, Looking Backward