By Andy Grimm, Tribune reporter
Federal prosecutors will seek at least 24 years in prison for disgraced former Chicago police Cmdr. Jon Burge, saying his torture of criminal suspects decades ago shook public confidence in law enforcement and the criminal justice system.
Such a stiff sentence for Burge's conviction on perjury and obstruction of justice is sure to stir debate at his sentencing Jan. 20. The probation office has recommended that Burge face 15 to 21 months in prison under federal sentencing guidelines, while his lawyers have said they would seek probation, noting that when Burge was convicted when he was 62 and had prostate cancer.
In court papers filed last week, prosecutors disputed the probation office's findings, saying Burge deserved a sentence of about 24 to 30 years under the sentencing guidelines. The government cited the "stain" that Burge's torture of suspects left on the department and the more than $30 million the city has spent on lawyers and payouts to Burge's victims as a result of many lawsuits.
"Defendant's criminal acts have tainted and prejudiced the thousands of hard-working dedicated police officers who have followed in Burge's polluted wake," Assistant U.S. Attorneys David Weisman and April Perry wrote in the filing. "These officers also have faced trying circumstances, and have had to confront society's ills. But unlike the defendant, the majority of these officers did not succumb to the principle that the ends justify the means."
A jury convicted Burge in June on all three counts of obstruction of justice and perjury for lying in a 2003 civil lawsuit when he denied he knew of or took part in torture under his command at the Calumet Area headquarters on the city's South Side.
For years it looked as if Burge would escape criminal charges altogether. He was fired from the Police Department in 1993 for torturing a cop killer, but a four-year investigation by special Cook County prosecutors concluded in 2006 that the statute of limitations on the claims of abuse had long passed. It wasn't until 2008 that federal prosecutors figured out a way to indict him — not for the tortures themselves, but for lying about them.
At Burge's trial, five ex-cons alleged torture by Burge's "Midnight Crew" of detectives in the 1970s and 1980s. According to the testimony, Burge smothered one with a bag, played Russian roulette with another and shocked a third on the genitals with an electrical device the detectives used because it inflicted pain but "left no marks" on the suspect, prosecutors said. The abuse tainted dozens of criminal investigations.
Burge's attorney did not return a call Monday seeking comment. At his trial, his attorneys suggested that the decorated veteran officer was heroic, a notion attacked by prosecutors in their latest filing.
"He was no hero. Rather, the men and women who … honorably and honestly serve the community are the heroes," they wrote. "Perhaps these officers were not promoted through the ranks as quickly as the defendant was, and perhaps they were not present at press conferences promoting their own ill-obtained achievements, but they were, and are, heroes because they serve with honor and integrity."
Wednesday, November 17, 2010
Tuesday, November 9, 2010
Lancaster County Man Dies After Police Use Taser On Him
LANCASTER COUNTY, Pa. -- A Lancaster County man died after police used a Taser on him early Saturday morning.
Robert Neill Jr., 61, died after he become unresponsive after police used a Taser on him twice and sprayed him with Mace, state police said.
The incident happened at about 4 a.m. Saturday at Neill's home in the 300 block of Marietta Avenue in Mount Joy.
Several police departments assisted, including Mount Joy Borough police, Susquehanna Regional police and state police from Ephrata.
According to police, Neill said that he had been harassed by his neighbors. When officers arrived, they said Neill was combative and aggressive.
That is when officers used a Taser on him and sprayed with Mace him. Neill died on the way to the hospital.
"Police officers acted appropriately and used the proper amount of force to subdue Mr. Neill," said state police Lt. William White.
An autopsy was performed Monday, but state police said they are waiting for toxicology results to determine the cause and manner of Neill's death.
Robert Neill Jr., 61, died after he become unresponsive after police used a Taser on him twice and sprayed him with Mace, state police said.
The incident happened at about 4 a.m. Saturday at Neill's home in the 300 block of Marietta Avenue in Mount Joy.
Several police departments assisted, including Mount Joy Borough police, Susquehanna Regional police and state police from Ephrata.
According to police, Neill said that he had been harassed by his neighbors. When officers arrived, they said Neill was combative and aggressive.
That is when officers used a Taser on him and sprayed with Mace him. Neill died on the way to the hospital.
"Police officers acted appropriately and used the proper amount of force to subdue Mr. Neill," said state police Lt. William White.
An autopsy was performed Monday, but state police said they are waiting for toxicology results to determine the cause and manner of Neill's death.
Monday, November 8, 2010
NSC Study Shows You are More Likely to Killed By a Cop Than a Terrorist
After 9/11, the fear of another attack on U.S. soil cleanly supplanted the fear of having one`s penis chopped off by a vengeful lover in the pantheon of irrational American fears.
While we`re constantly being told that another attack is imminent and that radical Islamic fundamentalists are two steps away from establishing a caliphate in Branson, Missouri, just how close are they? How do the odds of dying in a terrorist attack stack up against the odds of dying in other unfortunate situations?
The following ratios were compiled using data from 2004 National Safety Council Estimates, a report based on data from The National Center for Health Statistics and the U.S. Census Bureau. In addition, 2003 mortality data from the Center for Disease Control was used.
-- You are 17,600 times more likely to die from heart disease than from a terrorist attack
-- You are 12,571 times more likely to die from cancer than from a terrorist attack
-- You are 11,000 times more likely to die in an airplane accident than from a terrorist plot involving an airplane
-- You are 1048 times more likely to die from a car accident than from a terrorist attack
--You are 404 times more likely to die in a fall than from a terrorist attack
-- You are 87 times more likely to drown than die in a terrorist attack
-- You are 13 times more likely to die in a railway accident than from a terrorist attack
--You are 12 times more likely to die from accidental suffocation in bed than from a terrorist attack
--You are 9 times more likely to choke to death on your own vomit than die in a terrorist attack
--You are 8 times more likely to be killed by a police officer than by a terrorist
--You are 8 times more likely to die from accidental electrocution than from a terrorist attack
-- You are 6 times more likely to die from hot weather than from a terrorist attack
SOURCE: The Progressive Review
While we`re constantly being told that another attack is imminent and that radical Islamic fundamentalists are two steps away from establishing a caliphate in Branson, Missouri, just how close are they? How do the odds of dying in a terrorist attack stack up against the odds of dying in other unfortunate situations?
The following ratios were compiled using data from 2004 National Safety Council Estimates, a report based on data from The National Center for Health Statistics and the U.S. Census Bureau. In addition, 2003 mortality data from the Center for Disease Control was used.
-- You are 17,600 times more likely to die from heart disease than from a terrorist attack
-- You are 12,571 times more likely to die from cancer than from a terrorist attack
-- You are 11,000 times more likely to die in an airplane accident than from a terrorist plot involving an airplane
-- You are 1048 times more likely to die from a car accident than from a terrorist attack
--You are 404 times more likely to die in a fall than from a terrorist attack
-- You are 87 times more likely to drown than die in a terrorist attack
-- You are 13 times more likely to die in a railway accident than from a terrorist attack
--You are 12 times more likely to die from accidental suffocation in bed than from a terrorist attack
--You are 9 times more likely to choke to death on your own vomit than die in a terrorist attack
--You are 8 times more likely to be killed by a police officer than by a terrorist
--You are 8 times more likely to die from accidental electrocution than from a terrorist attack
-- You are 6 times more likely to die from hot weather than from a terrorist attack
SOURCE: The Progressive Review
Violence After Sentence in Oakland Killing
By JESSE McKINLEY and MALIA WOLLAN
Published: November 5, 2010
OAKLAND — Protesters vandalized storefronts and clashed with the police here on Friday night after a white former transit police officer was given what they considered to be a light sentence for the killing an unarmed black man. But protests initially seemed less violent than others that have surrounded the controversial case.
The authorities said one officer was hit by a car — perhaps by a police vehicle — and another officer’s gun was stolen and turned on him. That protester was arrested, Police Chief Anthony W. Batts said, and a police spokesman said 152 people had been arrested. “You have a very aggressive crowd,” Chief Batts said.
The demonstrations started after Judge Robert Perry of Superior Court in Los Angeles sentenced the former officer, Johannes Mehserle, to two years in state prison. But the judge dismissed a component of the charges that would have led to more prison time.
With time already served, Mr. Mehserle could be released from prison as early as next year. He was convicted in July of involuntary manslaughter in the death of Oscar Grant III, who was shot while lying face down on New Year’s Day 2009. He had been removed from a Bay Area Rapid Transit train after a fight, and Mr. Mehserle said that he had mistaken his gun for a Taser. He was acquitted of the more serious charge of second-degree murder.
The jury found that Mr. Mehserle was eligible for additional prison time because he had used a gun in the crime. But Judge Perry rejected that finding.
The shooting and subsequent verdict drew an angry reaction from Mr. Grant’s family, who thought Mr. Mehserle should have been convicted of murder, and sparked riots in Oakland.
The crowd on Friday initially assembled for a peaceful rally in front of Oakland City Hall, which had closed early, as had many businesses. But after the rally wrapped up, several hundred of the protesters began to roam downtown Oakland, vandalizing vehicles and businesses.
In Oakland, tensions between the city’s sizable black population and its police force are longstanding, even though the city has a black mayor and police chief. The mayor, Ron Dellums, had pleaded for calm, and police officers were out in force, with days off canceled and police helicopters hovering overhead.
But frustrations seemed present nonetheless. At the rally, Michael Johnson, a 26-year-old graduate student and medical case manager, said the sentence was a part of historic inequality.
“I’m indignant today,” Mr. Johnson said.
Published: November 5, 2010
OAKLAND — Protesters vandalized storefronts and clashed with the police here on Friday night after a white former transit police officer was given what they considered to be a light sentence for the killing an unarmed black man. But protests initially seemed less violent than others that have surrounded the controversial case.
The authorities said one officer was hit by a car — perhaps by a police vehicle — and another officer’s gun was stolen and turned on him. That protester was arrested, Police Chief Anthony W. Batts said, and a police spokesman said 152 people had been arrested. “You have a very aggressive crowd,” Chief Batts said.
The demonstrations started after Judge Robert Perry of Superior Court in Los Angeles sentenced the former officer, Johannes Mehserle, to two years in state prison. But the judge dismissed a component of the charges that would have led to more prison time.
With time already served, Mr. Mehserle could be released from prison as early as next year. He was convicted in July of involuntary manslaughter in the death of Oscar Grant III, who was shot while lying face down on New Year’s Day 2009. He had been removed from a Bay Area Rapid Transit train after a fight, and Mr. Mehserle said that he had mistaken his gun for a Taser. He was acquitted of the more serious charge of second-degree murder.
The jury found that Mr. Mehserle was eligible for additional prison time because he had used a gun in the crime. But Judge Perry rejected that finding.
The shooting and subsequent verdict drew an angry reaction from Mr. Grant’s family, who thought Mr. Mehserle should have been convicted of murder, and sparked riots in Oakland.
The crowd on Friday initially assembled for a peaceful rally in front of Oakland City Hall, which had closed early, as had many businesses. But after the rally wrapped up, several hundred of the protesters began to roam downtown Oakland, vandalizing vehicles and businesses.
In Oakland, tensions between the city’s sizable black population and its police force are longstanding, even though the city has a black mayor and police chief. The mayor, Ron Dellums, had pleaded for calm, and police officers were out in force, with days off canceled and police helicopters hovering overhead.
But frustrations seemed present nonetheless. At the rally, Michael Johnson, a 26-year-old graduate student and medical case manager, said the sentence was a part of historic inequality.
“I’m indignant today,” Mr. Johnson said.
Friday, November 5, 2010
City's 'stop and frisk' policy draws lawsuit
By WENDY RUDERMAN, BARBARA LAKER & CATHERINE LUCEY
Philadelphia Daily News
CITY POLICE have targeted thousands of minority residents and illegally stopped and searched them for no reason under Mayor Nutter's amped-up "stop and frisk" policy, a team of prominent civil-rights attorneys allege in a lawsuit filed yesterday.
The class-action lawsuit - filed in federal court by the American Civil Liberties Union of Pennsylvania and the law firm of Kairys, Rudovsky, Messing & Feinberg - claims that Nutter and Police Commissioner Charles Ramsey "instituted more aggressive stop-and-frisk practices," and then, "with deliberate indifference," failed to properly train, supervise and discipline officers who routinely violate civil rights.
"These unconstitutional actions have had and continue to have a devastating effect on the lives of many Philadelphians," attorney Paul Messing said. "Beyond that, these police practices have had no real impact on stemming criminal conduct in our city. They just subject innocent people to humiliating and degrading treatment."
The suit was filed on behalf of eight black and Latino men, including state Rep. Jewell Williams, a former Temple University police officer who plans to run for city sheriff in next year's Democratic primary.
Officers handcuffed Williams in March 2009 and placed him into the back seat of a squad car after he inquired about the well-being of two elderly men whom police had detained - then subsequently released - during a car stop in Williams' North Philly neighborhood.
Williams, who was stopped about three car-lengths back, said he emerged from his state-leased Chrysler after he overheard an officer threatening to beat up one of the elderly men. Williams alleged that another officer ordered him to "get back in the f---ing car," even though Williams said he identified himself as a state legislator.
In an interview yesterday, Williams said the nightmarish incident "was like a flashback to the civil-rights era."
"You can command attention and respect without calling a person an 'm-effer,' " Williams said. "When you use 'm-effer' and all kinds of words like that, what comes next is pushing and shoving. . . . Those are words that, in my opinion, were used in slavery days."
When asked how the lawsuit might affect his bid for sheriff, Williams said he hoped that voters would want a sheriff who stands up for their civil rights and wouldn't "turn his head to bad things."
Ramsey declined to comment, citing the open lawsuit. City Solicitor Shelley Smith, however, said Ramsey has beefed up police training and supervision, responded quickly to allegations of abuse and meted out discipline when warranted. Last month, Ramsey added more investigators to the Internal Affairs Bureau.
"The Police Department and Commissioner Ramsey take seriously the need to protect the constitutional rights of citizens," Smith said.
Yesterday afternoon, Nutter said he had not yet reviewed the suit. But he said the "stop and frisk" policy was legal and effective if used correctly. Since taking office in January 2008, Nutter has championed "stop, question and frisk" policing as part of a plan to fight crime and get guns off the street.
Nutter stressed that overall crime, including violent crime, is down and said race is not a factor in who gets searched. He also noted that "stop and frisk" - in which police stop people suspected of criminal activity and pat them down for illegal weapons - was being used before he became mayor.
ACLU attorney Mary Catherine Roper said: "You can't go into a neighborhood as an officer and say, 'This is a high-crime area; everybody is under suspicion.' That's not what our country is about."
Citing Police Department statistics, the lawsuit says that pedestrian stops have jumped dramatically, from 102,319 in 2005 to 253,333 in 2009 - an increase of 148 percent. Of those pedestrians stopped in 2009, about 72 percent were African-American and only 8 percent led to arrests.
"Most of those arrests had nothing to do with the reason they were stopped," Messing said. "The charges were often for disorderly conduct because they complained they were stopped for no reason."
In response to the argument that "stop and frisk" has reduced violent crime, Messing said, "This is a high price to pay - constitutional violations on a massive scale in an effort to find a microscopic amount of criminal activity."
The lawsuit, which names nine officers individually and at least 12 as "John Does," asks the court to bar police from stopping and frisking residents on the basis of race or nationality or without reasonable suspicion. The suit also seeks court-mandated training, supervision and discipline to eliminate the "unconstitutional" policy.
The named plaintiffs in the suit seek unspecified compensatory damages.
Among the plaintiffs are John Cornish and Carl Cutler, both 65, who were detained in the incident connected to state Rep. Williams; Mahari Bailey, a Georgetown-educated lawyer who has been stopped four times since 2008, all allegedly without cause; and Fernando Montero, a Princeton graduate who works as a University of Pennsylvania ethnographer and is working on a book about the Latino community.
Other plaintiffs are Timothy Streaty, 32, who worked several years at a pharmaceutical company; Gregory Blackmon Jr., 21, a Simon Gratz High School graduate who has worked as a carpenter; and Preston Fulton, 21, who, the suit says, has been unlawfully stopped numerous times by officers in North Philadelphia and in one case was pushed against a wall and frisked.
Philadelphia Daily News
CITY POLICE have targeted thousands of minority residents and illegally stopped and searched them for no reason under Mayor Nutter's amped-up "stop and frisk" policy, a team of prominent civil-rights attorneys allege in a lawsuit filed yesterday.
The class-action lawsuit - filed in federal court by the American Civil Liberties Union of Pennsylvania and the law firm of Kairys, Rudovsky, Messing & Feinberg - claims that Nutter and Police Commissioner Charles Ramsey "instituted more aggressive stop-and-frisk practices," and then, "with deliberate indifference," failed to properly train, supervise and discipline officers who routinely violate civil rights.
"These unconstitutional actions have had and continue to have a devastating effect on the lives of many Philadelphians," attorney Paul Messing said. "Beyond that, these police practices have had no real impact on stemming criminal conduct in our city. They just subject innocent people to humiliating and degrading treatment."
The suit was filed on behalf of eight black and Latino men, including state Rep. Jewell Williams, a former Temple University police officer who plans to run for city sheriff in next year's Democratic primary.
Officers handcuffed Williams in March 2009 and placed him into the back seat of a squad car after he inquired about the well-being of two elderly men whom police had detained - then subsequently released - during a car stop in Williams' North Philly neighborhood.
Williams, who was stopped about three car-lengths back, said he emerged from his state-leased Chrysler after he overheard an officer threatening to beat up one of the elderly men. Williams alleged that another officer ordered him to "get back in the f---ing car," even though Williams said he identified himself as a state legislator.
In an interview yesterday, Williams said the nightmarish incident "was like a flashback to the civil-rights era."
"You can command attention and respect without calling a person an 'm-effer,' " Williams said. "When you use 'm-effer' and all kinds of words like that, what comes next is pushing and shoving. . . . Those are words that, in my opinion, were used in slavery days."
When asked how the lawsuit might affect his bid for sheriff, Williams said he hoped that voters would want a sheriff who stands up for their civil rights and wouldn't "turn his head to bad things."
Ramsey declined to comment, citing the open lawsuit. City Solicitor Shelley Smith, however, said Ramsey has beefed up police training and supervision, responded quickly to allegations of abuse and meted out discipline when warranted. Last month, Ramsey added more investigators to the Internal Affairs Bureau.
"The Police Department and Commissioner Ramsey take seriously the need to protect the constitutional rights of citizens," Smith said.
Yesterday afternoon, Nutter said he had not yet reviewed the suit. But he said the "stop and frisk" policy was legal and effective if used correctly. Since taking office in January 2008, Nutter has championed "stop, question and frisk" policing as part of a plan to fight crime and get guns off the street.
Nutter stressed that overall crime, including violent crime, is down and said race is not a factor in who gets searched. He also noted that "stop and frisk" - in which police stop people suspected of criminal activity and pat them down for illegal weapons - was being used before he became mayor.
ACLU attorney Mary Catherine Roper said: "You can't go into a neighborhood as an officer and say, 'This is a high-crime area; everybody is under suspicion.' That's not what our country is about."
Citing Police Department statistics, the lawsuit says that pedestrian stops have jumped dramatically, from 102,319 in 2005 to 253,333 in 2009 - an increase of 148 percent. Of those pedestrians stopped in 2009, about 72 percent were African-American and only 8 percent led to arrests.
"Most of those arrests had nothing to do with the reason they were stopped," Messing said. "The charges were often for disorderly conduct because they complained they were stopped for no reason."
In response to the argument that "stop and frisk" has reduced violent crime, Messing said, "This is a high price to pay - constitutional violations on a massive scale in an effort to find a microscopic amount of criminal activity."
The lawsuit, which names nine officers individually and at least 12 as "John Does," asks the court to bar police from stopping and frisking residents on the basis of race or nationality or without reasonable suspicion. The suit also seeks court-mandated training, supervision and discipline to eliminate the "unconstitutional" policy.
The named plaintiffs in the suit seek unspecified compensatory damages.
Among the plaintiffs are John Cornish and Carl Cutler, both 65, who were detained in the incident connected to state Rep. Williams; Mahari Bailey, a Georgetown-educated lawyer who has been stopped four times since 2008, all allegedly without cause; and Fernando Montero, a Princeton graduate who works as a University of Pennsylvania ethnographer and is working on a book about the Latino community.
Other plaintiffs are Timothy Streaty, 32, who worked several years at a pharmaceutical company; Gregory Blackmon Jr., 21, a Simon Gratz High School graduate who has worked as a carpenter; and Preston Fulton, 21, who, the suit says, has been unlawfully stopped numerous times by officers in North Philadelphia and in one case was pushed against a wall and frisked.
Feds: Ohio Jail's Stun-Gun use Unconstitutional
COLUMBUS, Ohio (AP) -- The Justice Department says jailers in a central Ohio county regularly break the law and violate inmates' civil rights with excessive stun-gun use.
U.S. officials say Franklin County deputies use stun guns to subdue inmates who aren't acting up and regularly shock inmates who are naked or restrained and for minor rule violations. The county includes Columbus.
The Justice Department's Wednesday filing in U.S. District Court in Columbus also alleges jailers routinely use stun guns on inmates who are disabled, pregnant or under the influence of drugs or alcohol.
The government wants to join a lawsuit against Franklin County brought last summer by a legal rights group.
U.S. officials say Franklin County deputies use stun guns to subdue inmates who aren't acting up and regularly shock inmates who are naked or restrained and for minor rule violations. The county includes Columbus.
The Justice Department's Wednesday filing in U.S. District Court in Columbus also alleges jailers routinely use stun guns on inmates who are disabled, pregnant or under the influence of drugs or alcohol.
The government wants to join a lawsuit against Franklin County brought last summer by a legal rights group.
Maricopa County to pay $2 million in shooting by its deputies in post-Katrina duties
by Yvonne Wingett and JJ Hensley - Nov. 3, 2010 12:29 PM
The Arizona Republic
The Maricopa County Board of Supervisors will pay $2 million to a Louisiana man who claimed deputies working for the Sheriff's Office shot him in the eye while on assignment to aid New Orleans following Hurricane Katrina.
The Board of Supervisors approved the payment on a 4-0 vote at a Wednesday meeting; Supervisor Fulton Brock was absent for the vote.
Asked why the supervisors decided to settle the case, spokeswoman Cari Gerchick responded, "It was a business decision made to minimize taxpayer expense."
Gerchick referred questions to county Risk Manager Peter Crowley, who said, "It's just one of those cases where we felt it was in the county's best interest to settle."
The Sheriff's Office did not immediately respond to a request for comment.
Sheriff's deputies Aaron Brown and Jason Lier were among the members of the Sheriff's Office that flew to Louisiana in the aftermath of Hurricane Katrina in September 2005.
According to a complaint filed in federal court, Naquin was driving on a highway outside New Orleans when he crossed paths with Brown and Lier, who were driving an unmarked SUV.
Naquin's truck and the SUV briefly reached an impasse when one of the highway's lanes narrowed. According to the complaint, as the SUV and truck pulled alongside each other, Naquin saw the SUV's passenger-side window roll down and the barrel of a rifle come out, pointed at him.
Naquin did not see Brown or Lier wearing any clothes indicating they were law enforcement, and in the fallout from the hurricane, Naquin assumed the worst and sped off, according to the complaint. Brown and Lier continued to follow Naquin and activated the emergency lights under the grill of their unmarked SUV.
"Because of his experience and, in particular, his rescue work in New Orleans, Plaintiff knew that ordinary people, with no official status, had been using products such as under-the-grill lights for nefarious purposes," according to the court documents.
The deputies eventually turned off their emergency lights and stopped behind Naquin at an intersection, according to the court documents. According to the complaint, Naquin said he felt threatened and got out of his truck, unarmed, with his palms turned upward and asked Lier and Brown, "What do you (expletive) want?"
The passenger pointed a rifle at Naquin, according to the complaint, and shot the Louisiana resident in the left eye.
With a portion of his eyeball in his palm, Naquin asked the deputies why they had shot him, according to the complaint.
Paramedics took Naquin to a hospital where he had surgery, but physicians could not save his eye. Naquin alleges that Lier was the passenger and shooter and that Brown was the driver.
Lier is no longer employed with the Sheriff's Office while Brown remains a deputy.
The Arizona Republic
The Maricopa County Board of Supervisors will pay $2 million to a Louisiana man who claimed deputies working for the Sheriff's Office shot him in the eye while on assignment to aid New Orleans following Hurricane Katrina.
The Board of Supervisors approved the payment on a 4-0 vote at a Wednesday meeting; Supervisor Fulton Brock was absent for the vote.
Asked why the supervisors decided to settle the case, spokeswoman Cari Gerchick responded, "It was a business decision made to minimize taxpayer expense."
Gerchick referred questions to county Risk Manager Peter Crowley, who said, "It's just one of those cases where we felt it was in the county's best interest to settle."
The Sheriff's Office did not immediately respond to a request for comment.
Sheriff's deputies Aaron Brown and Jason Lier were among the members of the Sheriff's Office that flew to Louisiana in the aftermath of Hurricane Katrina in September 2005.
According to a complaint filed in federal court, Naquin was driving on a highway outside New Orleans when he crossed paths with Brown and Lier, who were driving an unmarked SUV.
Naquin's truck and the SUV briefly reached an impasse when one of the highway's lanes narrowed. According to the complaint, as the SUV and truck pulled alongside each other, Naquin saw the SUV's passenger-side window roll down and the barrel of a rifle come out, pointed at him.
Naquin did not see Brown or Lier wearing any clothes indicating they were law enforcement, and in the fallout from the hurricane, Naquin assumed the worst and sped off, according to the complaint. Brown and Lier continued to follow Naquin and activated the emergency lights under the grill of their unmarked SUV.
"Because of his experience and, in particular, his rescue work in New Orleans, Plaintiff knew that ordinary people, with no official status, had been using products such as under-the-grill lights for nefarious purposes," according to the court documents.
The deputies eventually turned off their emergency lights and stopped behind Naquin at an intersection, according to the court documents. According to the complaint, Naquin said he felt threatened and got out of his truck, unarmed, with his palms turned upward and asked Lier and Brown, "What do you (expletive) want?"
The passenger pointed a rifle at Naquin, according to the complaint, and shot the Louisiana resident in the left eye.
With a portion of his eyeball in his palm, Naquin asked the deputies why they had shot him, according to the complaint.
Paramedics took Naquin to a hospital where he had surgery, but physicians could not save his eye. Naquin alleges that Lier was the passenger and shooter and that Brown was the driver.
Lier is no longer employed with the Sheriff's Office while Brown remains a deputy.
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