2nd Amendment Attorney Wanted

[Abulg1972]

Unfortunately, when it comes to the overwhelming majority of lawyers left in Amerika today, it seems that all they care about is the all mighty dollar. It certainly goes a long way explaining another reason why immoral and corrupt LEOs and prosecutors are not held accountable for their actions.

!

So, in other words, you are hoping to find a lawyer who cares about the Constitution AND doesn't care about feeding his or her children.

 

[Stoveman]

Please note that after my victory, I had a long discussion with my attorneys about the civil case.

The reason they will not take the case as stated to me are as follows:

1) Contingency Fee. Maryland jurors have a long history of NOT AWARDING a high amount of damages and penalties for civil rights violations. Ask yourself when was the last time you heard of a large award being dealt to a winning party of a civil rights case in Maryland? More than likely never unless, of course, you are foolish enough to believe civil rights are never violated in Maryland! So, if they win, there is very high chance there will be little contingency money for the legal team.

2) Attorney Fees. After the award has been set, assuming you win, a special hearing is convened to award attorney fees. At the special hearing, a Judge rules on what is reimbursable to the winning legal team. Again, Maryland Judges have a long history of disallowing a large percentage of attorney fees as "unnecessary" which means that the attorneys will not be fully reimbursed for their efforts. Heck, I saw first-hand the immoral and corrupt actions of a County Circuit Court when they tried to have my case retried by a new Judge after it became clear that the State was going to lose. The piece of garbage Judge who oversaw the meeting even "ordered" the prosecutor to offer me a "better plea deal" in the hopes I would take it.

BOTTOM LINE: My attorney was honest and stated that while I had a solid case there was really no profit in this case for his firm. As it is a firm with partners, even if he wanted to take the case his partners would simply not permit it because a victory could mean a potential loss or break even for their firm.

As for me, I respect my attorneys honesty and candor. I also can appreciate their position. My hope was to locate an attorney that still feels strongly about the Constitution and the Rights of the People. Unfortunately, when it comes to the overwhelming majority of lawyers left in Amerika today, it seems that all they care about is the all mighty dollar. It certainly goes a long way explaining another reason why immoral and corrupt LEOs and prosecutors are not held accountable for their actions.

Being perfectly honest, there was one famous attorney who was willing to take the case. However, he took another case in Maryland that has taken on national interest and simply will not have the time for my case. I can also understand his position since I know the case he is working on and am sure the payday will be phenomenal for him. Again, I can find no fault with his decision, particularly since I am still alive and the other person is dead despite the fact that County Sheriffs wanted me dead, were looking for a reason to shoot me on more than one occasion as I was arrested and later harassed following my release on the highest bail in a county's history despite not being charged with a single count of violent behavior, and even denied me my life prolonging medication while I was unlawfully imprisoned and tortured.

As an aside, I was greatly disappointed at the complete and total lack of ethical behavior of the prosecutor. I was even a bit angry at the Judge for not addressing the prosecutorial misconduct that was prevalent everyday of my case. Again, it was the Judge who even pointed out to the defense that the prosecutor had violated the ex parte rule by sending him correspondence without providing a copy to the defense. Unfortunately, I learned that in the entire recorded history of Maryland, you will find no record of prosecutorial misconduct ever being ruled against a Maryland prosecutor. For me, I would really love to believe that Maryland has been blessed with "perfect" prosecutors during its entire recorded history but, then again, I know the truth first-hand. The simple fact is that while LEOs have a Blue Wall Of Silence there also exists a Black Wall Of Silence among Maryland lawyers and Judges. Case-in-point: none of the defense attorneys were willing to file a Bar complaint against the prosecutor!

I'm not sure how you square the bolded portions above but good luck to you anyway, OP.

 

[fabsroman]

So, in other words, you are hoping to find a lawyer who cares about the Constitution AND doesn't care about feeding his or her children.

Wow, I just figured out why they will not take it. No attorney will ever take a case like that anymore. Heck, no attorney will take a wrongful death case anymore against a police officer unless the economic damages are massive. If you are a bum with no economic damages from your death, the maximum award against the state/local government is $200,000. Pretty much open season on the uneducated low earners out there.

Unless the OP can prove massive economic damages, his civil rights claim will be limited to $200,000.

Husband/father was shot to death in 2008 by a PG County Police Officer and a jury in PG County awarded the following damages:

awarded damages totaling $11,505,000 as follows:
• $5 million in non-economic damages for violation of Espina’s Article 24
rights;
• $5,000 in economic damages for violation of Espina’s Article 24 rights;
• $0 for assault and battery of Espina;
• $5 million in non-economic damages for the wrongful death of Espina (to
be divided 95% to Estela and 5% to Manuel); and
• $1.5 million in non-economic damages for violation of Manuel’s Article
24 rights.
No punitive damages were awarded. Thereafter, the trial court entered judgment in the amount of $11,505,000 in favor of Petitioners against Jackson and the County, jointly and severally.

The Court of Appeals applied the statutory limitation of the Local Government Tort Claims Act, which subsection (a) of § 5-303, captioned “Limitation on liability” states, in relevant part:

(1) Subject to paragraph (2) of this subsection, the liability of a local government may not exceed $200,000 per an individual claim, and $500,000 per total claims that arise from the same occurrence for damages resulting from tortious acts or omissions, or liability arising under subsection (b) of this section and indemnification under subsection (c) of this section.
(2) The limits on liability provided under paragraph (1) of this subsection do not include interest accrued on a judgment.

So, even though the jury deliberated for three days and returned a verdict in favor of Petitioners, finding that Jackson (1) violated Espina’s rights under Article 24 of the Maryland Declaration of Rights, (2) assaulted and battered Espina, (3) wrongfully caused Espina’s death, and (4) violated Manuel’s Article 24 rights. The jury further determined that Jackson had acted maliciously in committing these acts, the court could only award Espina's wife and son $200,000 maximum total. The PG County officer was able to maliciously kill a citizen, and the county and the officer were only on the hook for $200,000.

Nope, we do not need any police reform whatsoever. As citizens, we should be mad as can be about something like this. In fact, reading this case makes me want to throw up and I can feel the blood in my face from reading this outcome.

For those that feel like reading 30+ pages of garbage, here you are:

http://www.mdcourts.gov/opinions/coa/2015/35a14.pdf

I could only make it through the first 10 pages before it was obvious where the court was headed, so I skipped to the holding at the end.

Simply put OP, you are screwed unless you can somehow get a jury to consider your criminal defense costs as an economic damage.

Edit to add: OP, I did not spend a ton of time on this matter doing the research of evaluating your claim. I know barely any of the facts as it is. Take the above with a grain of salt, and continue to seek the opinion of other attorneys out there. This right here is called CYA for me. Your claim is also subject to a Statute of Limitations, of most likely 3 years, so get in touch with a bunch of civil rights attorneys and see what can be done. Who knows, maybe an award of punitive damages is not subject to the $200,000 cap, but that is doubtful since the cap is $200,000 per claim.

Link to a subsection of the Maryland Local Government Tort Claims Act:

http://law.justia.com/codes/maryland/2010/courts-and-judicial-proceedings/title-5/subtitle-3/5-303/

Punitive damages are a possibility, albeit slight.

 

[Abulg1972]

I don't know what any of you do for a living, but let's assume you are a mechanic and let's assume further that my car broke down. The above is like me saying, you should fix my car for free because you fix cars. Bullsh*t. I need to feed my family and I can't tie up all my resources and time because you got caught with a bunch of drugs and machine guns.

 

[protegeV]

I'm a complete layman, but this sounds a lot like the old speed camera ticket debate from the lawyers perspective. You know the one where you debate whether it's worth taking a day off work to fight a $40 fine...

 

[fabsroman]

I don't know what any of you do for a living, but let's assume you are a mechanic and let's assume further that my car broke down. The above is like me saying, you should fix my car for free because you fix cars. Bullsh*t. I need to feed my family and I can't tie up all my resources and time because you got caught with a bunch of drugs and machine guns.

I do the same thing as you, and I agree with you.

However, the case I just read is insane. Who would ever take a case like what I just posted, if the maximum damages cap is $200,000 for the malicious shooting/killing of a citizen by a county police officer. Just in case you missed that post, here is the case:

http://www.mdcourts.gov/opinions/coa/2015/35a14.pdf

As citizens of this state, we should be pissed. Granted, my wife and kids would have an economic damages claim slightly more than zero, but still, this is outrageous. Am I missing something here other than that our esteemed General Assembly has put a max cap of $200,000 on a poor person's life if that life is ended by a government employee?

 

[fabsroman]

I'm a complete layman, but this sounds a lot like the old speed camera ticket debate from the lawyers perspective. You know the one where you debate whether it's worth taking a day off work to fight a $40 fine...

Just mailed out a $40 check for a speed camera ticket my wife got earlier in the month. Pretty hard to fight a speed camera ticket if the technician appears in court and states the camera was calibrated correctly and provides the photo/video evidence.

 

[protegeV]

I don't know what any of you do for a living, but let's assume you are a mechanic and let's assume further that my car broke down. The above is like me saying, you should fix my car for free because you fix cars. Bullsh*t. I need to feed my family and I can't tie up all my resources and time because you got caught with a bunch of drugs and machine guns.

Not exactly. In your scenario the mechanic is doing the work completely free. Also, doesn't matter what the OP was caught with. He's already been exonerated and just wants to recoup the massive amount of money he had to put out to prove his innocence. As always, there are always 3 sides to every story, but I don't think there's any doubt as to the corruption of the legal system...

 

[protegeV]

Just mailed out a $40 check for a speed camera ticket my wife got earlier in the month. Pretty hard to fight a speed camera ticket if the technician appears in court and states the camera was calibrated correctly and provides the photo/video evidence.

I actually got one where there was an error on the ticket. It was clear to me from what I read that it was an instance I could have fought. I also received a red light ticket a few years ago where the duration of the yellow light was shorter than required. Could have beat that one too. I was a lot younger and of course I called the number on the back to ask where I could send a letter to contest it. Then they told me I had to come to court. Uh yeah, sure I'm gonna skip making $400 for a day of work to come fight a $70 ticket...

 

[Abulg1972]

Read the case summary and the charges.

 

[Abulg1972]

Also, doesn't matter what the OP was caught with.

Tell that to the sucker attorney that you want to stand in front of a jury.

 

[Abulg1972]

he OP was caught with. He's already been exonerated and just wants to recoup the massive

He wasn't exonerated. It was found that his 4th Amendment rights had been violated and the evidence supporting the state's case was deemed inadmissible. In light of that finding, the state decided, smartly, to "nol pros" the case. That not "exoneration". That's called "beating the system."

 

[protegeV]

Tell that to the sucker attorney that you want to stand in front of a jury.

Ok, i guess I shouldn't have stated it that way since I will admit I don't know what I'm talking about. Should have phrased it as a question.
If the OP was found criminally not guilty then what do the details of what he did not do have to do with anytbing?

 

[protegeV]

He wasn't exonerated. It was found that his 4th Amendment rights had been violated and the evidence supporting the state's case was deemed inadmissible. In light of that finding, the state decided, smartly, to "nol pros" the case. That not "exoneration". That's called "beating the system."

Ok, it's making more sense now. I don't speak legalese so thanks for deciphering it for me.

 

[AntiGun]

If this is a slam dunk case then why aren't there hungry lawyers beating a path to the OP's door for a chance at 50% of $200k? There's a country full of strip mall lawyers waiting for a chance at that payoff. The OP references a big lawyer who is busy with another big case, doesn't that lawyer have friends who want the case or has legal defense become so absurdly expensive that $100k is peanuts and if so then why? Not every lawyer needs to make $500 an hour...


ETA: saw this after my post

He wasn't exonerated. It was found that his 4th Amendment rights had been violated and the evidence supporting the state's case was deemed inadmissible. In light of that finding, the state decided, smartly, to "nol pros" the case. That not "exoneration". That's called "beating the system."

now that makes more sense as to why another lawyer doesn't step in and grab some easy money

 

[Abulg1972]

Not exactly. In your scenario the mechanic is doing the work completely free.

I'm not picking on you, but what do you think a lawyer does when he or she agrees to take on a case pro bono? He's taking it on "for free".

Unfortunately, in this country, you have to pay to protect your right unless it's a criminal trial and you at indigent.

 

[protegeV]

I'm not picking on you, but what do you think a lawyer does when he or she agrees to take on a case pro bono? He's taking it on "for free".

Unfortunately, in this country, you have to pay to protect your right unless it's a criminal trial and you at indigent.

I know pro Bono means free. I thought contingency means the lawyer only gets paid if he wins.

 

[Taurus454]

@Abulg1972 Wow, I wish I would have thought of that when I was paying money out of my own pocket for paint so America's soldiers under my command could have a cleanly painted room to live in because the Army was too cheap to buy paint. Then again, back in the day, I gave my drivers my own personal money to power wash our military vehicle off post so they would not have to stay late into the evening hand scrubbing clean the military vehicle we lived in while defending the Rights of Americans. I guess I should have used the money for my family and been an inconsiderate prick officer who could care less about the soldiers working for him and cared less how much time they got to spend with their family. Now that I think of what you said, I should no longer say with pride that I was fortunate to have some of the finest generator mechanics in the Army working under me when we won an Army Maintenance Award for the maintenance program I implemented, not to mention the fact that one of the annual soldiers who competed for and won the coveted title of United States Army Europe (USAREUR) Soldier of the Year worked for me. My point here is using your logic I should have encouraged my generator mechanics to take less pride in their work. I should have stopped them from spending their own money on the paint and wax they were buying to paint and polish every Army generator they finished servicing because they wanted them to look brand new after they were done working on them.

More importantly, imagine how foolish I should feel now using your logic when I consider the years I spent as a civilian for the Army. How stupid it was of me to donate at least 10,000 hours of my time as unpaid labor so Americans could sleep at night knowing the "bad guys" will never reach America simply because I reached my government earning cap for a number of pay periods. I distinctly recall a year when I donated 1,800 hours of unpaid labor because of what happened the next year.

Of course, I should have thought about what you said when I was volunteering my time to teach young Americans how to shoot properly. Think of the money I could have saved on the ammunition I bought for them to use and the wear and tear on my private firearms that could have been prevented all because I volunteered.

Then again, I should have been thinking about what you said during all the many years I volunteered my time to coach youth baseball and youth football. The money I could have saved on donations for the under privileged kids who couldn't afford the fees or the money and time I gave to help improve these youth organizations. It was pretty foolish of me to buy flag poles so the American flag, Maryland flag, and organization flag could proudly wave at each event we hosted. Of course, my friend who donated the American flag which flew over Hussein's Palace for that youth organization to herald was a complete and total loser. Not to mention the foolish Boy Scouts I convinced to volunteer their time to install the flag poles as part of their community service requirement.

You know, there was a whole lot of money I spent doing the "right thing" for people when it could have been used to feed my children and wife. In fact, since I had a skill of value, I guess you would say that I foolishly volunteered my time so others could benefit from my experience and expertise.

Please accept my greatest thanks for teaching me how self-centered America has become. Of course, should you ever find that you or your family are in a position of being served by a volunteer, please be sure to remind them of how foolish they are being. I would suggest that you get on your knees and pray daily you or your family will never need blood for medical reasons. I know how disappointed you will feel at the thought that the life-saving blood was given freely and unselfishly by a volunteer.

Again, please allow me to thank you for showing me how myopic it was of me for having given so much to even consider thinking a lawyer would step-up and do something like help hold immoral and corrupt LEOs and prosecutors accountable, not to mention preserving our Rights supposedly preserved under the Constitution. Especially when more than half of Maryland's attorneys have an income greater than $85k (http://www1.salary.com/Attorney-I-salary.html). Then again, they wouldn't just be helping me would they? I can't help but think that their service would help to mitigate the risk that they or anyone they care about would never have to go through what I went through. Yes indeed, please accept my greatest thanks for teaching me how self-centered America has become.

As for me, I can say I defended our Rights against a gang of immoral and corrupt LEOs and prosecutors! Of course, as some one else said regarding my post, the "$1 million question" is what contributions you have personally made to making America better during your lifetime? Well, never mind, we both know the answer to that question, don't we

 

[protegeV]

ETA: saw this after my post

now that makes more sense as to why another lawyer doesn't step in and grab some easy money

After reading that part it also makes me curious about something. Is it okay for the judge in the civil case to make their own assumptions about they think of the criminal case.
I.E. they got off on a technicality but the judge still feels they're guilty. Or, after the dismissal of the criminal case is the judge supposes to act like nothing happened?

 

[fabsroman]

He wasn't exonerated. It was found that his 4th Amendment rights had been violated and the evidence supporting the state's case was deemed inadmissible. In light of that finding, the state decided, smartly, to "nol pros" the case. That not "exoneration". That's called "beating the system."

Is that what the OP's case is about. A bad search or something?

1974 Valparaiso Law Review regarding the award of damages in a civil rights violation under the 4th Amendment. Seems as though monetary damages can be awarded. However, the first case mentioned was against federal agents, not agents of the state or a locality.

http://scholar.valpo.edu/cgi/viewcontent.cgi?article=1734&context=vulr

The OP really should seek the opinion of some civil rights attorneys regarding his case.

The government should not be free to perform illegal searches and seizures with impunity on the hope that a defendant's attorney is a moron and does not see the 4th Amendment violation at the criminal proceeding. There really should be some form of damages in a 4th Amendment violation case. Otherwise, what prevents law enforcement from kicking in doors without a warrant, other than the fact that the evidence will probably be tossed at trial and their superiors might be irritated with them?