In Los Angeles, CA, there are several prominent civil rights lawyers that you might want to contact.
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For A Business Caught in A Government Chokehold
Don't discuss the incident with the media -- tv, radio, newspapers or otherwise, until you have consulted a lawyer. What you personally say to the media can, if not precisely and legally correct, severely harm any criminal case against you or civil case you may wish to bring.
Do write down what happened in the greatest possible detail as soon as you can, even if it is freshly upon being jailed. Write at the top of each page: "CONFIDENTIAL ATTORNEY-CLIENT PRIVILEGED," and number each page. Be as precise as possible as to dates, times, places, distances, identities (including descriptions) of involved officers, supervisors and witnesses and statements made -- use quoted statements if you can. Then deliver that document, or a copy, by hand to your attorney at your earliest opportunity. If you have not obtained an attorney, and you suffer continuing pain or disability, you should purchase a spiral notebook in which you daily enter (with date and time) your symptoms. Such a log can be invaluable several years later if you are on the witness stand before a jury being asked how you felt on a date several years past. For reliable guidance on your written statement and log, retain a lawyer near you now.
Don't take photos yourself unless absolutely necessary. And don't use relatives or neighbors to take photos. Do have photos taken. If you can afford it, and have not consulted a lawyer, hire a professional photographer (use the Yellow Pages) immediately to (a) take pictures of the scene of the incident, scaling it with measuring devices if possible, and (b) take pictures of any injuries inflicted, also scaled. Many a decent case has been lost because of failure to timely and professionally obtain these photos. Note, many injuries such as bruises, abrasions, and cuts, evolve in appearance over time. This evolution should be professionally photographed over time. For reliable guidance about professional photos, retain a lawyer near you now.
Don't seek to interview witnesses yourself unless absolutely necessary; merely obtain names, addresses and phone numbers. If you have not consulted a lawyer, and cannot afford to hire a private investigator (use the Yellow Pages) immediately to visit the scene, knock on doors, stop passing vehicles at the same time of day, etc. in an effort to find witnesses and take their tape recorded and written statements, then chose a relative or competent friend and assign them that task. The task must be undertaken immediately. The human memory is a fragile thing at best; with the passage of time it can fail miserably. You must be certain to assure that no witnesses are ever promised any money or other thing of value in exchange for their cooperation, statement or testimony. Similarly, you must be certain to assure that no witnesses are ever threatened in any manner to obtain their cooperation, statement or testimony. In most states and under federal law, such inducements or threats may constitute the crimes of suborning perjury and obstruction of justice, so that you end up playing a long game of rock hockey in an unpleasant prison. For reliable guidance about witness interviews, retain a lawyer near you now.
Do immediately seek medical attention if you have been injured. If you've been taken into custody, make your medical complaints clearly known to the police and demand to be taken to a hospital or to see your own physician (usually not feasible immediately). It is my opinion (under California and federal law) that you should be forthright in describing your injuries and complaints and, if asked, their origin by a medical professional, even in the presence of the police. Never fabricate and never conceal: your health is paramount. If you are not taken into custody, and you have been injured, immediately visit your own physician, local emergency room, or hospital for examination, diagnosis, and treatment. On some occasions, after altercations with the police, symptoms of injury arise only after the passage of several hours, and these hours without medical care may be critical to your health. For example, brain injuries may not become evident to the layman until several hours after infliction -- by which time they may become debilitating or fatal. In my opinion, if you have been involved with an altercation with the police involving force used upon any part of your body, you should demand and obtain medical attention immediately. For reliable guidance about medical care, consult your physician.
Do preserve the evidence. If you have not gotten a lawyer to do it, obtain or direct someone to obtain custody of and safekeep the evidence of abuse immediately. This includes (but is not limited to) torn or bloody clothing or shoes, broken eyeglasses, broken furniture, telephone bills for the month, utility bills for the month, diaries, letters, calendars, and severed ears. Some of the evidence obtained might be construed to be evidence of a crime (committed either by you or by a police officer). So it must be carefully obtained, carefully handled (do not destroy fingerprints, DNA, or fiber evidence) and carefully preserved (I have no clue about this). And, in some circumstances (beyond my competence to advise on), it may have to be promptly turned over to police or prosecuting authorities to avoid a criminal charge of obstruction of justice. You must obtain reliable advise regarding evidence from a competent lawyer near you.
1. Write or phone the local chapter of the American Civil Liberties Union and ask for references to three competent private civil rights lawyers. The ACLU most everywhere is inundated with these requests; but hopefully they will be able to give you referrals.
The National ACLU Web Page has links to most state and regional ACLU offices.
2. Search the Web for civil rights lawyers in your neighborhood.
3. Consult your local newspapers, radio and television stations, and ask them to provide you with the names of lawyers involved in civil rights cases which they have reported.
4. Phone up every lawyer you've met or heard about in the community and ask for a referral to a competent civil rights lawyer.
5. Phone up the State, County, or City Bar Association and ask for the names of competent civil rights lawyers.
6. The most time-consuming but fairly effective way to find a local civil rights lawyer is to visit your local law library and to review the reported cases. Some heavy-duty civil rights lawyers "push the envelope" and end up identified in reported cases. Here are the steps you ought to take there:
Go to the volumes styled "Federal Supplement." Look at the last twenty volumes of each book under the table of contents for "Civil Rights." Then read the cases. Do they resemble yours? If so, who is noted as the lawyer for the plaintiff in the case? Give that lawyer a phone call.
Go to the volumes styled "F.3d." These are reported federal appellate
cases. Then read the last twenty volumes on "Civil Rights" cases. Do they
resemble yours? If so, who is noted as the lawyer on your side of the case?
Give that lawyer a phone call.
In 1976, Congress passed a law which was designed to allow you to obtain
a lawyer, but that law has not worked. (See "How Local Government
Secretly Stops You From Getting a Lawyer" below) Please urge your Congressman
and Senator to fix the law: Sample
letter
The first thing to understand is that of all federal civil rights suits filed, only 2% result in a verdict (ultimate decision by jury or judge). The remainder, where the victim is represented by a lawyer, mostly settle. And this is the crux of the matter.
The settlements "cut-out" the lawyer. They prohibit the lawyer from applying for his fees -- which are available under federal law (42 U.S.C. Section 1988)
As a result, very few lawyers are willing to represent victims of civil rights abuse
To find out whether your local government has such a secret settlement policy, write to your local city councilman, county supervisor and ask this question:
"Does [the County of Los Angeles] have a policy of settling civil rights cases on a 'lump sum, including all attorney's fees' basis?"
You will most likely learn that such a policy exists. And it is preventing you from getting a lawyer.
One victim of civil rights abuse attempted to stop these policies by filing her own federal civil rights suit. You can view her complaint. She did not succeed because of Pony, supra.
