Posted on 01/01/2003 10:25:03 AM PST by justlurking
By KRISTEN MACK
Copyright 2002 Houston Chronicle
Houston City Council delayed voting Tuesday on whether to hire an outside law firm to clear the records of hundreds of people swept up in last summer's mass arrests at Kmart and other businesses along Westheimer.
Councilman Gordon Quan said he did not think the city needed to hire lawyers to handle such cases, saying it could be done more efficiently.
"Two attorneys and a legal assistant who knows how to use a word processor can erase these records. It's pretty perfunctory," Quan said.
Council is considering a contract to hire the law firm Winstead, Sechrest & Minick to expunge the arrests from the records of nearly 300 people arrested during an ill-fated August sting on drag racing. The contract could cost taxpayers as much as $165,000. Charges already have been dropped against those arrested by the Houston Police Department, but the arrests remain on their police records.
City Attorney Anthony Hall has said that if the city represents citizens in the expunction process while also defending itself against lawsuits filed by some of those same people, it would be a conflict of interest.
Quan agreed, but said individuals who have their arrests expunged could agree to waive that conflict, saving the city money.
Meanwhile, the city faces lawsuits filed on behalf of some 60 people arrested in the raids, accusing the city and two police officers of false arrest, false imprisonment and civil rights violations. Two of the suits seek unspecified damages; others seek millions of dollars in damages.
Capt. Mark Aguirre directed the sweeps of westside parking lots that led to the arrests of nearly 300 people outside a Kmart, a Sonic Drive-In and a James Coney Island on the weekend of Aug. 17. When police found no evidence of drag racing, they swept through the parking lots and arrested those gathered there anyway. A Harris County grand jury on Dec. 6 indicted Aguirre and Sgt. Ken Wenzel on five counts each of official oppression.
| Taxpayers could pay $165,000 to clear records in mass arrests |
| The Associated Press |
| Web Posted : 12/31/2002 9:41 AM |
|
City council members are considering hiring a law firm to help clear the records of hundreds of people arrested during an ill-fated drag-racing sting over the summer. The council was scheduled Tuesday to consider whether to hire Winstead, Sechrest & Minick _ which could cost taxpayers as much as $165,000 _ to help expunge the arrests from the records of nearly 300 people arrested in August. Though charges have been dropped, the arrests remain on police records. The city is considering using private attorneys because the city's legal department is already representing Houston in several lawsuits stemming from the arrests. "We are trying to rectify a wrong," said Robert Cambrice, a senior assistant city attorney. "We are trying to help out people who are trying to get into school or apply for jobs and are denied that opportunity because they have an arrest record." Cambrice said that if the contract is approved those arrested will be notified of the service by mail. Records would be expunged at a cost to the city of $484 each. But Randall Kallinen, an attorney representing some of those arrested, said he would advise his clients not to accept the offer because they need proof of their arrests to pursue wrongful arrest lawsuits against the city. "This is nothing but damage control which they (city officials) are going to try and use in later court cases," Kallinen said. "(Arrest records) are evidence of their own wrongdoing. They are trying to reduce future claims." The city faces several lawsuits filed on behalf of some 60 people arrested in the raids. The lawsuits accuse the city and two police officers of false arrest, false imprisonment and civil-rights violations. Two lawsuits seek unspecified damages while others seek millions of dollars in damages. Capt. Mark Aguirre directed the sweeps of parking lots that led to the arrests outside a Kmart, a Sonic Drive-In, and a James Coney Island. Aguirre planned the raid to crack down on drag racers. But when police found no evidence of drag racing, they swept through the parking lots and arrested those gathered there anyway. Many of those arrested were customers of the businesses, but were charged with trespassing and curfew violations. The arrests fueled a public uproar, with council members and Police Chief C.O. Bradford criticizing the arrests as heavy-handed. The Police Department launched its largest-ever internal affairs investigation, and a Harris County grand jury on Dec. 6 indicted Aguirre and Sgt. Ken Wenzel on Dec. 6 on five counts each of official oppression. |
You are right. Any and all pending lawsuits should be thrown out as they are frivolous in nature.
You are absolutely correct. Here is the Supreme Court case that is the precedent for your contention.
"Hafer v. Melo, 502 U.S. 21 (1991) — State officers may be held personally liable for damages based upon actions taken in their official capacities."
I'm still waiting to see if the City will reimburse people for the towing costs. Fools.
Indeed he has. And he has sent some pointless but offensive freepmails to those who take issue with his assertions. If I didn't know any better, I'd say he was one of the cops involved.
Huh? What are you talking about?
I am talking about how every single lawsuit filed in light of this raid should be thrown out on grounds they are frivolous.
You are entitled to your opinion, as I am mine.
If you are looking for a flame war, please let me know now. That way, I can bring this right to the attention of Jim Robinson without any muss or fuss.
But feel free to whine to Jim Robinson or anyone else. I really don't care.
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