Citizens exposed to excessive Taser use or police misconduct can report excessive force use to the police officer’s employer and consult an attorney whether the abusive conduct occurs in Dallas, Houston, Galveston or elsewhere since excessive force by police could give rise to a claim for civil damages.

An Ohio woman repeatedly shocked with a Taser outside a bar by a police officer last September has, in this regard, recently filed a federal lawsuit, claiming violations of her constitutional rights, assault and battery, emotional distress and false arrest after an incident - caught on a police camera - in which the officer used his Taser numerous times, twice while the woman was in handcuffs, according to the Tribune Chronicle.  See, Kosinski, Marly, “Taser Victim Seeks Millions,” Tribune Chronicle, http://www.tribtoday.com/page/content.detail/id/508737.html , 8/2/08. The lawsuit alleges that the woman suffers from black outs, dizziness, seizures and pain.  Id.  As reported in the article, the video apparently shows the woman trying to kick out the rea window of the police cruiser.  Id.

Sexual misconduct by law enforcement officers, including jail, prison and corrections officers, violates civil rights and may give rise to a sexual misconduct lawsuit whether the sexual abuse occurs in Texas or elsewhere, and victims of law enforcement sexual misconduct may report the abusive conduct to the officer’s employer and contact an attorney to determine whether a civil rights lawsuit is appropriate under the facts and circumstances of the particular case.

In this regard, a law firm focusing on civil rights filed a lawsuit against a former Colorado prison guard and the Colorado Department of Corrections alleging that the former guard raped and sodomized an inmate - treating her as a “virtual sex slave” - at the women’s correctional facility in 2006 and that the department failed to act to stop the abuse which escalated to a point where the inmate was physically injured.  See, Rosa, Erin, The Colorado Indpendent, “Former Corrections Officer Accused Of Sexual Misconduct, Rape,” http://www.coloradoindependent.com/4263/former-corrections-officer-accused-of-sexual , 5/23/08.  The lawsuit also alleges that other inmates at the women’s facility saw the guard raping and engaging in sexual behavior with other inmates, and that the corrections department was negligent in letting such things occur in a state facility.  Id.  An arrest warrant was issued for the former prison guard who is facing both civil and criminal charges of sexual misconduct with inmates, including rape, according to The Colorado Independent article.  Id.

In a Madison, Wisconsin federal lawsuit filed in April, 2008, court filings allege that a jailer sexually abused a psychologically frail inmate by having the inmate repeatedly perform oral sex.  See, Murphy, Kevin, “Federal Lawsuit Alleges Sexual Misconduct In Monroe County Jail,” La Crosse Tribune, http://www.lacrossetribune.com/articles/2008/04/09/news/z05jail09.txt , 4/9/08.  A jail nurse had recommended that the inmate be placed on suicide watch, and, according to the victim’s attorney, the woman’s mental health deteriorated while she was in jail.  Id.  A criminal charge was brought against the jailer.  Id.

By reporting sexual misconduct, jail, prison and correctional facility victims may be able to not only protect their own civil rights but also spark investigations which could prevent future sexual abuse. 

According to the Associated Press, the National Park Service is investigating whether a park ranger used excessive force in breaking up a party at Acadia National Park’s Day Mountain where the park ranger allegedly threw a man to the ground after the man had been handcuffed, knocking the man out and causing facial fractures.  See, “Ranger Accused of Excessive Force in Acadia Park,” Associated Press Wire Report, August 26, 2008, http://news.mainetoday.com/updates/032045.html .  As reported, the episode unfolded early on August 18th when a group of 40 people made a midnight hike up Day Mountain and the rangers responded to a complaint.  Id.  Rangers responding to the complaint issued citations for possession of marijuana and possession of alcohol by a minor.  Id.

There are on average between five and ten special investigations of alleged ranger misconduct a year in the National Park Service’s Northeast Region, which comprises Pennsylvania, New York, Virginia, West Virginia and the six New England states, including Maine, and those investigations can be about anything from alleged fraud or credit card misuse to allegations of excessive force, according to the Chief Ranger for the Northeast Region.  See, Trotter, Bill, “Feds Start Probe Into Park Ranger Brutality Claim,” Bangor Daily News, http://www.bangordailynews.com/detail/49550.html , 8/26/08. 

Excessive use of force by law enforcement, including rangers, may be reported by victims to the officer’s employer, and whether excessive force occurs in Baytown, Beaumont, Dallas, Houston or elsewhere, victims of law enforcement misconduct may consult an attorney to determine whether an excessive force lawsuit may be appropriate under the facts and circumstances of the potential case.

According to an article in the Fort Bend Herald, former Houston Texans fullback Jameel Cook’s attorney wonders whether the athlete’s arrest last week on a marijuana charge is cooked up and whether Mr. Cook has been victimized by racial profiling.  See, Munsch, Don, “Attorney Says Sheriff Is Profiling,” Fort Bend Herald, http://www.fbherald.com/articles/2008/08/27/news/doc48b46c45cf493645815950.txt , 8/26/08.  Cook was pulled over by a Fort Bend County Sheriff’s deputy who saw that Cook’s Mercedes-Benz had no front license plate or registration sticker.  Id.  The deputy found the marijuana, but his attorney contends that the marijuana did not belong to Cook.  Id.  It is also alleged that Cook did not have a valid Texas driver’s license, did not have proof of liability insurance and had a suspended Florida driver’s license.  Id.   The Fort Bend County Sheriff reportedly said that the suggestion of racial profiling is “bull” and that his officer’s do not engage in racial profiling, but when asked about the yearly motorist stop and arrest statistics his office forwards to the commissioners court, the Sheriff said he does not pay much attention to that data because those statistics are “meaningless” and can be bent to fit someone’s interpretation.  Id. 

Racial profiling of motorists is improper and is not supposed to occur.  The allegation of racial profiling is meaningful.  Indeed, efforts have been undertaken to stop the occurrence of racial profiling by requiring law enforcement to keep, for example, traffic stop and arrest data so that the records can be reviewed and analyzed.  Ignoring the data can prevent law enforcement from using a tool to address racial profiling and better prepare and train law enforcement officers to avoid racial profiling as a basis for traffic stops.

Motorists in Beaumont, Dallas, Houston or elsewhere who believe their traffic stop or arrest was the result of racial profiling may make a written complaint to the responsible police department or sheriff’s office in order to document the event and provide the officer’s employer an opportunity to investigate whether the stop occurred as a result of racial profiling.  To learn more about what one can do if one believes he or she has been stopped because of racial profiling, an attorney may be contacted or one can visit, for example, the American Civil Liberties Union (ACLU) website.  

According to a New York Times article titled “Target Settles Web Suit” (New York Times, August 27, 2008), Target Corporation has settled an Americans with Disabilities Act case with the National Federation of the Blind.  The class action lawsuit against Target Corporation alleged blind persons were unable to use Target’s website.  Target Corporation will place six million dollars in an account for claimants and agreed to make the website accessable to the blind.

http://www.nytimes.com/2008/08/28/business/28target.html?ref=business 

Whether race discrimination, including racially degrading comments, epithets or abusive language, occurs at workplaces in Baytown, Beaumont, Dallas, Houston or elsewhere, employment related racial discrimination is prohibited by law and victims of race discrimination may contact the Equal Employment Opportunity Commission (EEOC) or an attorney to determine whether a formal charge of discrimination and a race discrimination lawsuit may be appropriate under the facts and circumstances of the potential employment discrimination case. 

In this regard, the United States Attorney’s Office and the U.S. Department of Justice have filed a federal lawsuit against the City of Fort Pierce alleging retaliation against a black code enforcement officer who complained that her superiors racially discriminated against her and three other black code enforcement officers.  See, Gardner, Keona, “Federal Lawsuit Alleges Racial Discrimination In Fort Pierce Filing,”  http://www.tcpalm.com/news/2008/aug/26/no-headline—26fsuit/ , 8/26/08.  The employee, who has been with the city for about 25 years, allegedly complained that the former director of building and code enforcement suggested that she “came from a monkey.”  Id.  A Justice Department news release alleges that the city ordered the plaintiff to work inside a “specially constructed, isolated cubicle” that was unlike any of her co-workers, and white co-workers openly joked about her “banishment to a cell.”  Id.  The federal lawsuit alleges that the city transferred her from “outside duty” of inspecting structures to “inside duty” such as handling data entry for other officers and that the new data entry position normally pays a lower salary than a code enforcement officer.  Id.

In May 2007, the city’s EEOC reportedly asked the city to participate in settlement discussions after finding there was “reasonable cause to believe” a violation of civil rights occurred as to the plaintiff and three other black workers.  Id.  The three other black workers have filed a separate, private lawsuit against the city.  Id.

The Houston Chronicle reported that the investigation of a Baytown jail inmate who died hours after he struggled with jail personnel will probably go to a grand jury, according to a Harris County prosecutor, and, in this regard, a preliminary autopsy finding indicates that the inmate, Richard Eugene Mathes, had “internal physical trauma” severe enough to cause the death of the 50-year-old Mathes who was found dead in his jail cell on August 5, 2008.  See, Noonoo, Jemimah, “Baytown Jail Death Case May Go To A Grand Jury,” Houston Chronicle, 8/24/08, p. B3.  Authorities are investigating whether those injuries occurred during an altercation Mathes had with Baytown jail personnel.  Id. 

According to people interviewed by the Chronicle who knew Mathes, the deceased was a mechanic who loved dogs, had an affinity for pigeons, and, as related by neighbors, was a relatively quiet man who never bothered anyone.  Id.  One person described him as a good guy.  Id.

However, Baytown police allege that Mathes was intoxicated when a city marshal took him into custody for outstanding municipal warrants August 1st and was treated at a hospital for an illness related to a longstanding alcohol addiction before being returned to jail the next day where he was moved into a padded cell a few days later when he became agitated and agressive, refusing to stop standing on a bench in the cell.  Id.  According to a Baytown police source cited in the article, Baytown jailers “had to use physical force to transfer Mathes to the less harsh cell environment.”  Id.   Mathes was later found unresponsive in the cell, where paramedics pronounced him dead.  Id.

Whether alleged excessive force or police misconduct and brutality occurs in Baytown or elsewhere, victims and their families may request investigations by the responsible employer and may consult an attorney to determine whether a police brutality lawsuit may be appropriate under the facts and circumstances of the incident.

In Houston and nationwide, the Equal Employment Opportunity Commission is receiving increasing quantities of inquiries about workplace law, employment related discrimination, as well as harassment complaints, and the number of discrimination-based workplace lawsuits has risen in Houston federal courts during the past few months compared with the same period last year, according to the Houston Chronicle.  Flood, Mary, “Job Bias Lawsuits On The Increase,” Houston Chronicle, 8/24/08, p. B1.  One Houston attorney cited in the article who defends businesses against discrimination complaints said he has seen an uptick in the number of discrimination cases and another Houston employment discrimination attorney said he has seen more age discrimination and medical leave complaints.  Id.

As reported by the Houston Chronicle, the Equal Employment Opportunity Commission reviews discrimination complaints and files some lawsuits itself while other discrimination cases may be filed by attorneys on behalf of victims and, in some cases, the victim represents themselves in their own case.  Id.

Discrimination charges are at their highest level in five years, according to the Equal Employment Opportunity Commission (EEOC), and, in this regard, the EEOC reportedly received 82,000 private sector discrimination charges last year, noting that this is the highest volume of incoming charges since 2002 and the largest annual increase (9%) since the early 1990s.  See, Rosenberg, Richard, “Bias Charges Up Sharply As Settlements On The Rise,” San Fernando Valley Business Journal, http://www.entrepreneur.com , 7/21/08. Workplace retaliation claims were the second highest category behind race discrimination while pregnancy discrimination charges and sexual harassment, including sexual harassment charges by men, surged to record high levels.  Id.  According to the EEOC, it resolved a record number of charges through its internal mediation process, with more than 96% of the EEOC mediation participants, including employers, saying they were satisfied with that process.  Id.

One reason for the increase in complaints with the EEOC may be attributable, in part, to the EEOC’s online access, citizen meetings and other educational programs in which citizens are made aware of their rights and what steps they can take to protect their rights.  See, Flood, Mary, “Job Bias Lawsuits On The Rise,” Houston Chronicle, 8/24/08, p. B7.

In Houston,  inquiries about employment discrimination made to the EEOC between April 1, 2007 and August 17, 2007 totaled 2,338 and that number for the same period this year rose to 3,241.  Id.  However, the number of actual formal complaints filed in Houston has remained fairly static, according to the article in the Houston Chronicle.  Id.

Historically, race has been the charge most frequently filed since the EEOC became operational in 1965.  See, Rosenberg, Richard, “Bias Charges Up Sharply As Settlements On The Rise,” San Fernando Valley Business Journal, http://www.entrepreneur.com , 7/21/08. 

Whether workplace discrimination or retaliation occurs in Beaumont, Dallas, Houston or elsewhere, victims of bias may contact the EEOC or an attorney to discuss their rights.

Whether sexual harassment occurs in Beaumont, Galveston, Houston or elsewhere, victims of sexual misconduct and harassment have rights and may consult an attorney to discuss whether a sexual harassment or misconduct complaint may be appropriate under the facts and circumstances of the particular incident or incidents.  In an interesting article by Christian Post reporter Audrey Barrick, the issue of sexual harassment of Christian women at church or in ministry settings is discussed.  See, Barrick, Audrey, “Survey: Christian Women Report Sexual Harassment At Church,” Christian Post, 8/21/08.  According to the article, more than a quarter of Christian women have experienced sexual harassment and of those, one fourth said it happened in a church or ministry setting.  Id.  In this regard, the article pointed to a survey conducted by the NationalChristianPoll.com which surveyed women self-described as “active Christian women” on such inappropriate behavior as sexual advances, touching or sexual contact, suggestive jokes, glances with sexual overtones and demeaning comments.  Id.  The survey found that, in a ministry setting, 25% of the surveyed women said they personally experienced gender discrimination; 19% reported demeaning comments; 18% reported suggestive jokes; 16% said they experienced glances with sexual overtones; 15% reported touching or sexual contact; and 14% said they experienced a hostile environement.  Id. ”Of those who personally experienced sexual harassment, 50% said they avoided the perpetrator, 45% ignored it, 38% shrugged it off, and 31% prayed,” but, as reported in the article, nearly half said they did not report it because they did not want to cause controversy.  Id. The article stated further that churches and ministries “are advised to adopt a written policy regarding sexual harassment or misconduct.”  Id.

See, http://www.christianpost.com , 8/21/08.

An Orange, Texas newspaper has reported that a beauty supply chain based in Denton, Texas agreed recently to settle a race discrimination lawsuit filed in Beaumont by the Equal Employment Opportunity Commission (EEOC) against the business, Sally Beauty Supply, after an African American job seeker was allegedly denied a sales clerk position at the company’s location in West Orange.  See, “Sally Beauty To Pay Local Woman $30k For Discrimination,” http://www.orangeleader.com/homepage/local_story_176192538.html , 6/24/08.  As reported by the newspaper, the federal race discrimination lawsuit filed in Beaumont claimed that Sally Beauty Supply offered the plaintiff a job as a sales clerk with the company and even gave her a start date but rescinded the offer two days later.  Id.  In sworn testimony, a store manager said she was told by the district manager that “she did not want another black person working in the store,” according to the news article.  Id.  In addition, the plaintiff was reportedly “told on the day she arrived for work she could not be hired due to her race because too many African Americans were employed at the store.”  Id.  Sally Beauty Supply is to pay the plaintiff $30,000.00 to settle the race discrimination lawsuit.  Id.  As reported by The Orange Leader, the company’s website says “Sally Beauty is the world’s largest retailer of professional beauty supplies.”  Id.

Whether race discrimination in the workplace occurs in Beaumont, Houston, Orange or elsewhere, victims of employment discrimination may contact the EEOC to make a charge of racial discrimination and consult an attorney to determine whether a racial discrimination lawsuit may be appropriate in Beaumont, Houston, Orange or elsewhere under the facts and circumstances of the potential case.