Law Day - May 1, 2009

The following is a reproduction of portions of an article published by Salvatore Zambri, senior partner at Regan Zambri & Long, which he wrote while he served as President of the Trial Lawyers Association of Metropolitan Washington, D.C.  Although he wrote the article in 2007, it is appropriate to publish it again since this year's Law Day will be celebrated by our nation tomorrow, on May 1, 2009.

A LOT TO CELEBRATE:

On May 1, our nation commemorated Law Day, the brain-child of Attorney Charles Rhyne.  In 1958, Mr. Rhyne drafted a proposed U.S. Presidential Proclamation and presented it to President Eisenhower’s Chief of Staff, Sherman Adams.  The proposal, however, did not make its way out of Mr. Adams’ office.

Mr. Rhyne eventually went to visit Mr. Adams.  Having been assured by Mr. Adams that President Eisenhower would “not sign a proclamation praising lawyers,” Mr. Rhyne described what happened next:  “I strode down to the Oval Office and handed it to President Eisenhower himself.  As he stood there reading it, Adams burst in yelling, ‘Do not sign that paper praising lawyers!’”  President Eisenhower signed the proclamation over Mr. Adams’ objection, believing that the freedoms enjoyed by Americans and the rule of law should be commemorated.

“Now, therefore, I, Dwight D. Eisenhower, President of the United States of America, do hereby designate Thursday, May 1, 1958, as Law Day – U.S.A.  I urge the people of the United States to observe the designated day with appropriate ceremonies and activities; and I especially urge the legal profession, the press and the radio, television and the motion picture industries to promote and to participate in the observance of that day.”

The 2007 Law Day theme was “Liberty Under Law:  Empowering Youth, Assuring Democracy.”  The theme clearly recognizes that our children will shape our country’s future.  Consequently, we have the responsibility to teach them about the justice system, the process of the law, and the liberties we enjoy.

Three days after Law Day, at the United States Supreme Court, I had the privilege of speaking to a group of 6th Grade winners of an annual essay contest sponsored by the National Capital Lawyers’ Auxiliary.  I seized upon the theme of the 2007 Law Day Proclamation and suggested that no matter what profession we choose, we must all be intolerant of social injustice and that the privilege of freedom, earned through the courage of those who came before us, must not be taken for granted.  I challenged them to advance America’s promise of equal and fair justice for all.  Having heard their essays, I was inspired . . .

About a week ago, all Americans celebrated the 4th of July holiday, commemorating the signing of the Declaration of Independence.  That document, you will remember, was drafted by merchants, clergy, farmers, soldiers, lawyers, and physicians.  This diverse group joined together and declared:  “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness….”

Lawyer Thomas Jefferson, who initially drafted the declaration, remarked in his first inaugural address:  “It is proper you should understand what I deem the essential principles of our Government, . . . freedom of religion; freedom of the press; freedom of person under the protection of the habeas corpus and trial by juries impartially selected.”

In July 1776, the clangs of the Liberty Bell resonated throughout the world.  In recent years, many have seemingly forgotten the lessons bestowed upon us by that diverse assembly of representatives.  Special interest groups and those with personal agendas seek to redefine the civil justice system, forcing victims of wrongdoing to be treated differently and unequal under the law.  They need a refresher course on American history. . .

If you have any questions about the law or your legal rights, please feel free to contact Mr. Zambri at szambri@reganfirm.com, or call him at 202-822-1899.

Two Recent Taser Deaths Renew Excessive Force, Safety Debates

A 35-year-old homeless shelter worker in Oklahoma City died recently after being shocked with a police Taser, renewing public debate about the appropriate use of non-lethal weapons by police officers. 

According to a press account, Milisha Thompson was already handcuffed and lying on the ground when she was shot with the Taser.  Police reports indicate that officers attempted to shock her five times, succeeding only twice.  Her husband, who also worked at the homeless shelter, denies that report and claims that his wife was shocked more than 20 times prior to her death.   He also says that she was initially subdued by police while trying to alert them to a crime, rather than committing one herself.  He is suing the city for $1.5 million, accusing the police department of excessive force, and failure to train officers properly.

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Attorney General's Office Scolded

U.S. District Judge Royce C. Lamberth accused the District of Columbia's Attorney General's Office of engaging in games in a wrongful arrest lawsuit an 18-year-old high school girl filed against a group of city police officers. The Plaintiff is represented by Patrick M. Regan and the law firm of Regan Zambri & Long.  Plaintiff was the victim of police misconduct and verbal abuse.   Plaintiff was then arrested when she attempted to report the police misconduct and request a jury trial for the citation she was inappropriately given. 

As reported by the Washington Post, Judge Lamberth said there was evidence, unrefuted by the city, that Dingle's attorneys have been trying for seven months to identify the officers so that they can serve them the suit, but they have been blocked by evasive tactics from the police and Attorney General's Office.  To view the entire story please click here.  

If you have questions concerning this subject, please contact Regan Zambri & Long or call our law firm at 202-463-3030. 

Police Misconduct: Excessive Force and Other Claims

The Civil Rights Act of 1871, now known as 42 U.S.C. § 1983, is one of the most important federal statutes in force in the United States. It was originally enacted a few years after the American Civil War, and consisted of the 1870 Force Act and 1871 Ku Klux Klan Act. The statute has been subjected to only minor changes since then, but has been the subject of voluminous interpretation by courts. Section 1983 does not create new civil rights. Instead, it allows individuals to sue persons in federal courts for civil rights violations. To gain federal jurisdiction, i.e., access to a court, the individual must point to a federal civil right that has been allegedly violated. These rights are encoded in the U.S. Constitution and federal statutes. 

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High Speed Police Pursuits

A disturbing number of individuals each year are seriously injured or killed as a result of high speed police pursuits.  In the majority of the cases, those injured or killed are innocent pedestrians or other drivers.  In many cases, the harmed parties are entitled to compensation.  A variety of legal claims maybe appropriate including constitutional claims as well as standard tort actions.
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Taser (Stun Gun) Use by Police

As we previously reported, the Justice Department is investigating over 30 deaths caused by Tasers or "stun guns," used by police departments across the country. 

Taser guns are used by some area police forces.  Arlington County, Prince George's County and Montgomery County are a few local forces that have implemented the use of these "less than lethal" weapons.  On the other hand, the District of Columbia  does not use them and has no immediate plans to begin using them. 

The Taser works in one of two ways.   It can be used at close range by making direct contact with the body or it can be used from a distance.  The Taser is capable of firing its two electro-magnetic prongs up to 15-20 feet.  The prongs have barbs attached, which adhere to the suspects clothing during the shock, which lasts about five seconds.


Tasers - Less than Lethal?

You've probably heard of tasers (or "stun guns") and you may have even seen some television personalities get shocked by them and live to tell about it.  But did you know that the Justice Department is reviewing the deaths of 180 people killed by these "less than lethal" devices in the last four years or so?

The study could take up to two years and the Justice Department is not urging any limits in the deployment of these electro-shock guns, writes Kevin Johnson of USA TODAY.  Among the factors being considered by the study are the ages, weight, physical impairment, and drug use of each of the victims.

Taser International, the company that manufactures and distributes the guns to some 7,000 law enforcement agencies nationwide, is named a defendant in at least 49 lawsuits nationwide alleging wrongful death and personal injury.