pecunium: (Default)
pecunium ([personal profile] pecunium) wrote2005-09-09 05:49 pm
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More on Gretna

So, that post I made about folks who were peaceable assembling, and trying to walk out of New Orleans being shot at... The Cheif of Police in Gretna admits it, with a touch of pride.

According to UPI
Police from surrounding jurisdictions shut down several access points to one of the only ways out of New Orleans last week, effectively trapping victims of Hurricane Katrina in the flooded and devastated city.
An eyewitness account from two San Francisco paramedics posted on an internet site for Emergency Medical Services specialists says, "Thousands of New Orleaners were prevented and prohibited from self-evacuating the city on foot."
"We shut down the bridge," Arthur Lawson, chief of the City of Gretna Police Department, confirmed to United Press International, adding that his jurisdiction had been "a closed and secure location" since before the storm hit.
"All our people had evacuated and we locked the city down," he said.
The bridge in question -- the Crescent City Connection -- is the major artery heading west out of New Orleans across the Mississippi River.
Lawson said that once the storm itself had passed Monday, police from Gretna City, Jefferson Parrish and the Louisiana State Crescent City Connection Police Department closed to foot traffic the three access points to the bridge closest to the West Bank of the river.
He added that the small town, which he called "a bedroom community" for the city of New Orleans, would have been overwhelmed by the influx.
"There was no food, water or shelter" in Gretna City, Lawson said. "We did not have the wherewithal to deal with these people.
"If we had opened the bridge, our city would have looked like New Orleans does now: looted, burned and pillaged."
But -- in an example of the chaos that continued to beset survivors of the storm long after it had passed -- even as Lawson's men were closing the bridge, authorities in New Orleans were telling people that it was only way out of the city.
"The only way people can leave the city of New Orleans is to get on (the) Crescent City Connection ... authorities said," reads a Tuesday morning posting on the Web site of the New Orleans Times-Picayune newspaper, which kept reporting through the storm and the ruinous flooding that followed.


Yep. With no declaration of Martial Law the township of Gretna's Police Dept. decided it had the right to overide the governor of Louisiana's declaration of emergency, and mandatory ecavuation of the city of New Orleans.

I wish I new a lawyer in Louisiana, because I'd love to see a big-assed lawsuit (what with the abuse of power, assault with deadly weapons, assault under color of authority, and whatever other laundry list of charges one can think of to make a civil suit out of) leveled against the chief, and the city.

Because, by their own words, this was deliberate. They sent, by way of gunfire, a host of people back to a place where their lives were in danger.

Lawson says that his officers "acted in the manner they were instructed to" and defends the order to close the bridge as "the right decision."




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[identity profile] mesoterica.livejournal.com 2005-09-10 01:15 am (UTC)(link)
God. GOD. It-- boggles the mind, doesn't it?

[identity profile] hammercock.livejournal.com 2005-09-10 02:15 am (UTC)(link)
Oh, jeez. That is just insane. "We all got out. Fuck all the rest of y'all."

[identity profile] wcg.livejournal.com 2005-09-10 02:25 am (UTC)(link)
How long do you think it's going to take for the US District Attorney for the district of New Orleans to bring charges?

On the one hand, I'm thinking that anybody who reports to Alberto Gonzales isn't about to prosecute this. But on the other hand I think an ambitious person with hope for the future would see the situation as a no-lose opportunity.

And man, when that sheriff gets put into pre-trial confinement, 'those people' in the cell with him are gonna smile...

[identity profile] pecunium.livejournal.com 2005-09-10 02:32 am (UTC)(link)
United States Code
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 21 - CIVIL RIGHTS Section 1985. Conspiracy to interfere with civil rights
(3) Depriving persons of rights or privileges
If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, .... in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

Section 1986. Action for neglect to prevent

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

Section 1988. Proceedings in vindication of civil rights

......
(b) Attorney's fees
In any action or proceeding to enforce a provision of sections 1981, 1981a, 1982, 1983, 1985, and 1986 of this title, title IX of Public Law 92-318 (20 U.S.C. 1681 et seq.), the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.), the Religious Land Use and Institutionalized Persons Act of 2000 (42 U.S.C. 2000cc et seq.), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), or section 13981 of this title, the court,in its discretion, may allow the prevailing party, other than the United States, a reasonable attorney's fee as part of the costs except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction.
(c) Expert fees
In awarding an attorney's fee under subsection (b) of this section in any action or proceeding to enforce a provision of section 1981 or 1981a of this title, the court, in its discretion, may include expert fees as part of the attorney's fee.






[identity profile] wcg.livejournal.com 2005-09-10 02:59 am (UTC)(link)
Looks like this is the man to bring the matter to.

Jim Letten, the U.S. Attorney for the Eastern District of Louisiana.

So we invite you to stay for awhile and see for yourself how much U.S. Attorney's Office cares about the "city that care forgot."

[identity profile] lawgeekgurl.livejournal.com 2005-09-10 01:59 pm (UTC)(link)
I was anticipating just these sorts of liability lawsuits when I was calculating the insurance cost (because insurance will defend the city and its mayor unless they can without doubt say the allegations are not covered, and that's unlikely - a savvy attorney can always draft the complaint in such a way that it's not 100% clear, so coverage is triggered). And in this case, a lawsuit is fully justified. Also disciplinary action, although I'm not sure the governor can bring any pressure to bear to an independent local city, other than the power of the bully pulpit.

Too bad there aren't any lawyers left in New Orleans or surrounds, and won't be for months (some are never coming back).

[identity profile] pecunium.livejournal.com 2005-09-10 02:31 pm (UTC)(link)
Fuck the lawsuits, the people were fully justified in shootin the lot of them, right then, in self-defense.

Since they didn't, I hope they sue. I hope they can get someone to bring federal charges, of a criminal nature. The cops will argue an "acting in good faith" defense and the city will have to pay for it, but you know what... the city of Gretna ought to pay for this.

TK
ext_39302: Painting of Flaming June by Frederick Lord Leighton (Default)

[identity profile] intelligentrix.livejournal.com 2005-09-12 05:52 am (UTC)(link)
I read the full account by the two EMS workers of the treatment they received from the powers that be. It sickened me. New Orleans has been my home for seven years. I will always love her, but this is unforgivable.

[identity profile] pecunium.livejournal.com 2005-09-12 06:26 am (UTC)(link)
I read it too.

It apalled me. I can imagine how it feels to be a citizen of New Orleans and read something like that. I can only imagine it because of things like Dilawar, where similar violations of the things I expect of my fellow men, those who swore to the same things I have sworn.

I'm sorry.

TK