Mimesis Law
7 December 2019

Fault Lines Links – Family Claims US Marshals Killed The Wrong Man

Feb. 22, 2015 (Mimesis Law) — Morning everybody, here’s what you need to know:

  • The family of Edgar Camacho-Alvarado, claim he was wrongfully shot dead by US marshals on Saturday morning in Albuquerque, NM. Authorities intended to arrest fugitive murderer George Bond who lived in the trailer next to Camacho-Alvarado. The crime scene and Camacho-Alvarado’s body was left unattended for over 10 hours while the US marshals served their search warrant on Bond.
  • The mother of India Kager is urging the Department of Justice to investigate the police shooting of her daughter. India Kager was shot and killed by Virginia officers in September 2015 when someone in her car (Angelo Perry, the passenger, was also shot and killed by police) allegedly fired at the police.
  • The trials of Baltimore officers in connection with the in-custody death of Freddie Gray have been delayed by Maryland’s Court of Appeals while it decides whether Officer William Porter can be forced to testify against his fellow colleagues.
  • A bill gaining traction in Virginia seeks to keep police officer names confidential from news and media. Meanwhile in California, a senator has proposed legislation to make investigative files relating to police shooting and misconduct cases public.
  • The excessive force lawsuit brought by Kyle Biedma against the Santa Rosa, CA, police department will begin on March 1. Biedma is claiming negligence, false imprisonment, battery and violations of his constitutional rights after he was bitten by a K-9 when officers mistook him for a gang member, and wrongfully charged him with a misdemeanor in April 2013. He alleges he was charged with a misdemeanor in order to shield the police department and authorities from civil liability.
  • Albert Woodfox, the last remaining member of the “Angola 3”, was released from prison on Friday after more than 40 years in solitary confinement.

5 Comments on this post.

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  • Burgers Allday
    22 February 2016 at 11:32 pm - Reply

    The Lollie case apparently settled bcs police were denied sj of qi a couple weeks ago. Most interesting part of that district court opinion:

    Here, taking Lollie’s facts as true, the Officers likely lacked even arguable probable cause to arrest Lollie for trespass. The Officers failed to establish probable cause in two ways. First, Hayne and Johnson ignored exculpatory evidence which suggested that Lollie had not trespassed at the FNBB. Lollie repeatedly explained to Hayne his belief that the FNBB seating area was public in part because there were no signs designating the area as private—implying that he had a right to be there. Lollie also repeatedly professed his innocence, claiming he had done nothing wrong. While these facts did not “prove” Lollie’s innocence, they warranted conducting further investigation before arresting Lollie.

    Second, the Officers conducted no further investigation into whether Lollie had in fact trespassed at the FNBB before arresting him.[27] Hayne did walk and talk with Lollie, but she focused almost exclusively on ascertaining Lollie’s identity—a fact of little consequence to the crime of trespass. Whatever Hayne learned during this time, she did not communicate it to the other Officers. Upon arriving on the scene, Johnson made no effort whatsoever to investigate the trespass claim. Instead, literally within seconds of his arrival, Johnson announced Lollie was going to go to jail. There is no indication of any exigent circumstances (e.g., an attempt to flee, a threat to officer or public safety, a lack of other officers on scene) excusing the Officers from engaging in at least some minimal amount of further investigation before arresting Lollie for trespass. Under these circumstances, it was likely objectively unreasonable for the Officers to believe they had probable cause to arrest Lollie for trespass.

    • shg
      23 February 2016 at 6:05 am - Reply

      “Settled bcs police were denied sj of qi” isn’t particularly helpful. Perhaps, if it’s worth the time to leave a comment, it’s worth the time to spell out words so your comment isn’t incomprehensible to others. If not, then perhaps it wasn’t worth the time to leave a comment at all.

      • dm
        23 February 2016 at 10:50 am - Reply

        qi: “The circulating life force whose existence and properties are the basis of much Chinese philosophy and medicine.”
        Now the first sentence makes perfect sense!

        • shg
          23 February 2016 at 11:10 am - Reply

          Cool kids use meaningless abbreviations. The really cool kids use Chinese philosophy.

    • dm
      23 February 2016 at 2:23 pm - Reply

      While the many attorneys here can, after we’ve had our morning coffee, figure out your abbreviations, the civilians may have a much harder time. For their benefit:
      sj = summary judgment
      qi = qualified immunity