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+When grand juries failed to indict police officers for misconduct in several recent killings of unarmed men, including New York City and Ferguson, Missouri, there was widespread public outrage. Many who believed the officers were guilty hoped that, even if the officers escaped criminal responsibility, at least civil penalties would bring justice and accountability. But new research shows that, while civil suits against police misconduct have a much better chance of winning a verdict against the officers in question, those suits are unlikely to change police department policies, and they rarely affect officers who committed the acts. FSRN’s Larry Buhl has more from Los Angeles. Joanna Schwartz is an assistant professor at UCLA law school. She analyzed thousands of civil rights settlements from 44 large and 37 small and medium-sized police departments from 2006 to 2011. She found that officers are almost always protected from paying money a court might award a victim as a result of the officer’s actions. In large cities, Schwartz found that that individual officers paid out only a tiny fraction of one percent of all settlement money in cases filed against police, and nothing at all in cases in smaller cities. And Schwartz found something else very surprising: In the vast majority of cases she reviewed, the police departments didn’t even know how much their city was paying in damages, and didn’t even make the effort to learn from those lawsuits. "When a lawsuit is filed the city attorney or county attorney generally handles the case and any money paid in those cases generally comes out of the city or county’s general budget and no information is kept by the law enforcement agency about what officer was named, what claims were alleged, what information came out during discovery, what was the resolution of the case or how much was paid," Schwartz explains. Schwartz says that information may reside somewhere in the city bureaucracy but is unlikely to reach supervisors who could analyze that data and learn what lessons it might offer. Police accountability professionals say these results confirm what they’ve seen for years: a tort system that sometimes benefits the victims of police misconduct, always benefits the attorneys, and rarely leads to meaningful reform. Cynthia Anderson-Barker is a civil rights and criminal defense attorney in Los Angeles. She tells FSRN she’s happy to win damage claims for her clients, but frustrated to see major law enforcement problems go unchanged. She says the opaque and defensive culture of police is partly to blame. And she puts part of the blame with lawyers. |