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View Full Version : CA-Jury awards family of man beat to death by cops in 2007 $4.5 million.




Anti Federalist
09-24-2011, 09:19 PM
My memory is not good enough to recall whether anybody posted stories about the beating death of Martin Cotton in Eureka, California back in 2007.

Quick thumbnail, Martin was accosted by a thugscrum on 9 August 2007.

They beat him to the point where he suffered what were to end up being fatal wounds, dragged off to jail where he was left to, basically, bleed out and die, being refused medical treatment.


Jury finds Eureka liable for Cotton's death

The Times-Standard
Posted: 09/23/2011 05:15:10 PM PDT

http://www.times-standard.com/breakingnews/ci_18965026

A federal jury found today that Eureka police officers used excessive force in a $4.5 million verdict to the family of Martin Frederick Cotton II, who died in police custody in 2007.

Cotton, 26, died Aug. 9, 2007, just hours after being involved in several violent altercations at the Eureka Rescue Mission, including one with Eureka Police Department officers. The Humboldt County Coroner's Office said Cotton died of a subdural hematoma due to blunt force trauma, but stopped short of determining the cause of that trauma.

This afternoon, according to court records, a federal jury in Oakland found that two EPD officers used excessive force against Cotton, that three officers were deliberately indifferent to his medical needs and that Eureka failed to adequately train its officers in obtaining medical care for arrestees who have had force used against them. The jury also found that three EPD officers acted “maliciously, oppressively or in reckless disregard” of Cotton's constitutional rights.

The court's judgment finds the city of Eureka liable for $4 million payable to Cotton's daughter, Siehna Cotton; the city liable for $500,000 payable to Cotton's father, Martin Cotton Sr.; and individual officers liable for a total of $75,000 payable to Martin Cotton Sr.


More background on the whole story here:

http://redwoodcurtaincopwatch.net/book/export/html/46

donnay
09-24-2011, 09:42 PM
Yeah, justice was served with regards to the verdict. It's too bad Mr. Cotton is not here with us to share in the victory!!:mad:

aGameOfThrones
09-25-2011, 12:02 AM
Yeah, justice was served with regards to the verdict. It's too bad Mr. Cotton is not here with us to share in the victory!!:mad:

Reminds me of this...



The initial statement of the law in the instruction is based upon our supreme court's holding in Plummer.   The trial court refused to give the proposed instruction and also refused to allow trial counsel to edit the instruction to reflect the statement in Wise that when officers use excessive force in making an arrest an arrestee may resist the law enforcement to prevent great bodily harm or death.   The trial court rejected the instruction on the basis that the right to resist an unlawful arrest, as that right is expressed in Plummer, “has all gone by the way side.”   Transcript at 135.   The trial court concluded that “[i]f you're going to be arrested, your complaint about an unlawful arrest is not to resist it.   Your right [is] to bring an action later, but that doesn't give you the right to resist the arrest.”   Transcript at 135-36.   Shane's counsel responded to the court's reasoning by pointing out that a defendant who is killed by arresting officers' excessive force would be unable to pursue a civil court action.   The trial court acknowledged defense counsel's statement but ultimately refused to give the instruction, both as initially proposed and also in its redacted or edited version.~ WILSON v. STATE

donnay
09-25-2011, 12:05 AM
:mad: I really loathe this above the law attitudes!

Rael
09-25-2011, 01:00 AM
Of course, no one will actually serve any time for this. The good thing is that oftentimes in a case of wrongful death, the damages are not dischargable in bankruptcy. Hopefully that's the case and the cops will spend most of the rest of their life paying this judgement.

Acala
09-25-2011, 10:03 AM
The taxpayers get screwed again.

limequat
09-25-2011, 10:19 AM
The taxpayers get screwed again.

Exactly. A symbolic victory only. The guy is dead, the taxpayers get to pay 4.5m extra in taxes, and I bet not a damn thing happens to the thugs.

Nastynate
09-25-2011, 10:21 AM
Why don't the police get major jail time for this? Why does the city have to pay. When a criminal commits a murder he goes to jail, he isn't fined for 4.5 million. Arrest these cops, the real criminals not punish the tax payers and city. (sorry rant over)

Rothbardian Girl
09-25-2011, 10:48 AM
They should be taking it out of the cops' paychecks, not the taxpayers'. Acala is correct.

LibForestPaul
09-25-2011, 12:36 PM
I know what I would be doing if he was my brother or son and no one gets jail time.