Officer's Dedicated To Service. Our Prayers Go With You.

(Chris Ammann/Examiner)
Gov. Martin O’Malley pins a medal on of
Staff Sgt. Christopher Demski, of Essex, at
the Parkville National Guard Armory.
Police prepare to go to war

BALTIMORE -

Minutes before boarding a bus on the first leg of a journey that will ultimately take him to the battlefronts of Iraq, 1st Sgt. James Saunders seemed more composed than some of his fellow soldiers — albeit slightly.
A Baltimore County police officer, Saunders puts his life on the line every day.
“It gives you an edge,” Saunders said. “When you’re on the street, you can sense when things are going bad. It makes you alert.”
Saunders was one of five Baltimore County officers and 130 members of the Maryland National Guard leaving Thursday for three months of combat training and a subsequent nine-month deployment to Iraq. The troops are from the 290th Military Police Company, based at the Parkville Armory, and part of the largest mobilization of Maryland guardsmen since World War II.
The group includes about 50 local police officers, sheriff’s deputies and state troopers. Civilian soldiers attributed the overlap to similarities in combat training and crime fighting, such as the physical demands, familiarity with weapons and an affinity for law enforcement.
In addition to the five who left Thursday, a dozen Baltimore County officers are already deployed. Anne Arundel County’s sheriff’s office sent one deputy, and the county’s police department lost one officer Thursday — Staff Sgt. Brian Daughters, on his third deployment.
Howard County Police have lost three officers, and six of 14 state troopers currently deployed are in the Maryland National Guard, officials said. Baltimore City has 22 officers serving overseas.
Gov. Martin O’Malley attended a tearful deployment ceremony at the Parkville Armory, where volunteer Dorothy Healy knelt in a corner, clutching an American flag and weeping. Unlike many family members there to see loved ones off, she knew none of the departing soldiers.
Her daughter, a member of Maryland’s National Guard, arrived home safely after leaving for Iraq two years ago.
“I wasn’t able to see her off, and I regretted it all this time,” Healy said. “So I’m going to go every chance I can now, and by the looks of it, I’ll have opportunities for awhile longer.”

jmalarkey@baltimoreexaminer.com

Examiner

Welcome To The Family of Law Enforcement!

The latest class of So. Md. Correctional Officers graduated on Friday, October 19, 2007.

WALDORF, Md.

(October 26, 2007)

-- The Southern Maryland Criminal Justice Academy celebrated the graduation of 15 new correctional officers at a ceremony held Friday, October 19, at North Point High School for Science, Technology and Industry.

The students completed a 10-week training program, which began August 13. Seven of the graduating officers are from the Charles County Sheriff’s Office, three are from the Calvert County Sheriff’s Office, and five are from the St. Mary’s County Sheriff’s Office.

At the ceremony, Academy instructors presented awards to students who excelled in two categories. Correctional Officer Christopher A. Marseglia of the St. Mary’s County Sheriff’s Office received the physical fitness award and Correctional Officer Richard M. Dean of the Charles County Sheriff’s Office received the scholastic achievement award.

The class achieved a 93.67 final class academic average. Their class motto, chosen by the students at the beginning of the training program, was “Integrity Above All.”

Director Pamela Dottellis of the Charles County Detention Center served as keynote speaker for the ceremony. Ed Schauf of the College of Southern Maryland’s (CSM) legal studies department spoke about the articulation agreement between the Academy and CSM, which provides each graduate with six college credit hours for completion of Academy courses. Charles County Sheriff Rex Coffey, St. Mary’s County Sheriff Timothy Cameron and Capt. Thomas Reese, who represented Calvert County Sheriff Mike Evans, each shared remarks with the graduates.

The new correctional officers are: Charles County Sheriff’s Office: Christopher Clemons, Richard Dean, Antonio Evans, Thomas Greer, Stephen Harris, William Isenberg and Amber McAlwee. Calvert County Sheriff’s Office: Robert Lee, Breann Nagel and Robert Scott. St. Mary’s County Sheriff’s Office: Jennifer Guy, Amanda Holton, Christopher Marseglia, Jonathan Rosado and Austin Schultz.

This is a Good Thing. We Should Honor All of Our Fallen in this Way.

Fred and Janet Wheeler, the parents of
Cpl. Scott Wheeler, the Howard County
police officer who died June 18, hold a
replica of a highway sign that will be
erected on Route 32.

Portion of Route 32 dedicated to fallen officer

10/25/07

By MIKe Santa Rita

Email this story to a friend

For Cpl. Scott Wheeler's family, the four months following his death have understandably not been easy.
"It's been tough," Tracy Wheeler, his widow, said Oct. 23 in a community meeting room at the Howard County Police Department headquarters in Ellicott City. "We have our good days and our bad days."
Scott Wheeler, 31, a 6-1/2-year veteran of the department, was working with two other officers on a speed enforcement detail on Route 32 near Savage on June 16 when he was struck attempting to flag down a speeding Nissan, police said.
Wheeler, of Millersville, died of his injuries two days later.
On Oct. 23, Tracy Wheeler, along with Scott's parents, Fred and Janet Wheeler, joined County Executive Kenneth Ulman and police Chief William McMahon in unveiling a new sign to honor the officer that will be erected on the stretch of Route 32 where Wheeler was killed.
Also present was Larry Blickman, a private citizen who organized a petition drive that led to this portion of the road being dedicated to Wheeler.
Following the ceremony at the Howard County Police Department, Tracy Wheeler said her husband would have been proud.
"I don't think Scott would believe this," she said. "He loved his job and this is a great honor," she added. Wheeler's parents Fred and Janet Wheeler were also at the ceremony.
Dedication was sought
Blickman, former candidate for the register of wills and current vice chairman of the River Hill Community Association, sent an application July 30 to the Maryland Transportation Commission along with letters of support from Ulman and McMahon to dedicate the portion of Route 32 to Wheeler.
The commission recommended to Transportation Secretary John Porcari that the sign be erected and Porcari approved the sign Sept. 5, said Chuck Gischlar, a spokesman for the State Highway Administration.
The 17-member Maryland Transportation Commission is appointed by the governor to serve a three-year term advising the secretary of transportation on issues affecting transportation in the state.
The sign which reads "Dedicated to Cpl. Scott A. Wheeler Howard County Police Department," will be erected by the State Highway Administration by Oct. 26, Gischlar said.
Practice was ended
In response to Wheeler's death, McMahon ordered that police stop using the ''stop team" practice on roads that have a speed limit of 35 miles an hour or higher. The Maryland State Police and the Anne Arundel County police also suspended the practice in response to Wheeler's death.
Howard County police are still investigating the incident and no charges had been filed as of Oct. 23, said Sherry Llewellyn, a police spokeswoman.
McMahon said Oct. 23 that he hoped the new sign that would stand on the median of Route 32 between Route 1 and Route 95 would remind people to slow down on the stretch of road where Wheeler was killed.
"It's more than ironic that Scott lost his life trying to save other lives," McMahon said.
Ulman meanwhile said that he was pleased with the sign, which will be flanked by cherry trees on either side.
"This is an important tribute to Scott's legacy," he said.
Meanwhile Tracy Wheeler said she continues to struggle without her husband.
"I miss Scott, very much so," she said.
She added that she hoped that the sign in her husband's memory would serve as a precaution to other motorists.
"I hope that when people do ride down Route 32 they see this and think of what happened that day," she said.

CONGRADULATIONS CHIEF!

Cleveland Barnes Is Named Chief of Police


James T. Hill, MPA, vice president for administration and finance at the University of Maryland, Baltimore (UMB), announced the appointment of Cleveland Barnes, MSc, as director of public safety and chief of police. Barnes is a veteran of the University Police Force and previously held the position in an "acting" capacity.
"Cleveland Barnes is a very knowledgeable and seasoned police officer, long familiar with UMB," said Hill. "His performance over the years has been superb, especially during the past 14 months. His leadership as director of public safety and chief of police will enhance the University Police Force's excellent tradition of providing quality professional services to the campus community. I am delighted that Chief Barnes is a member of our management team."
Barnes was pleased as well.
"I feel honored to be selected as chief of police for such a quality organization," said Barnes. "I'm extremely appreciative of the vote of confidence of Vice President Hill and the campus community who collaborate with us, especially these days when emergency preparedness is a major topic," he added. "I also have faith in my personnel-highly trained and skilled officers who will continue to maintain the quality and excellence of this agency."
Barnes joined UMB in 1971, after completing an enlistment in the Marine Corps that included 13 months in Vietnam.
After joining the University Police Force, he served as a patrol officer responsible for patrolling and protecting the campus community until he was promoted to sergeant and assigned as a shift supervisor in April 1974. He became lieutenant in April 1978 with responsibility for coordinating and directing the University Police Force's Support Services Section.
Barnes was promoted to colonel, assistant director of public safety, in May 2003 and was promoted in September 2007 to director of public safety and chief of police.
Barnes served in an acting capacity for 14 months, during which time he successfully managed the University Police Force's reaccreditation by the Commission on Accreditation for Law Enforcement Agencies (CALEA).
Barnes earned a Master of Science in management from Johns Hopkins University and a Bachelor of Science in early childhood education from Coppin State University.
He graduated from the Maryland Military Academy, Commissioned Officers' Candidate School of the U.S. Army National Guard, and the Baltimore City College High School.

This Is Funny! Way To Go Sheriff!

Fugitives seek tax refunds, get handcuffs instead
Luke Broadwater, The Examiner2007-10-23

BALTIMORE -

In an effort to reduce a backlog of 12,000 outstanding warrants, Ron Bateman thought of an unusual idea for a sheriff: He started lying.
With the help of Comptroller Peter Franchot, Bateman, the Anne Arundel county sheriff, arranged for the state of Maryland to send 500 fictional letters to people wanted on criminal warrants.
The letters told the fugitives Franchot had conducted an audit and found they were owed a tax return of $572.26. The wanted men were told to report to the Treasury Building on Saturday to receive their refund check.
But when the fugitives arrived, there was no money waiting.
“You mean there’s no check?” one asked while being arrested.
“I knew this was a setup,” another lamented, “but the rent was due.”
Yet another complained: “I sat in traffic for an hour just to get locked up?”
In all, 40 wanted people were arrested — clearing 54 warrants, according to a statement Bateman released recounting some fugitives’ responses when they learned they had been tricked.
There were no serious violent criminals in the group, but two people were arrested for felony warrants, according to the sheriff.
“It ended up being very successful,” Bateman said. “We got a good number of warrants served. In eight hours of work, we served what would have taken 40 hours.”
How does he feel about resorting to lying to help clear the backlog?
“It’s approved by the Supreme Court,” Bateman said.
The sheriff said he’s made it his mission to reduce the number of outstanding warrants in the county and has been successful.
Unserved warrants in Anne Arundel County now number 10,000 — down from 12,000 a year ago.
Each of the wanted people was arrested Saturday without incident.
Warren Hansen, a spokesman for Franchot, said he wouldn’t exactly call the fake letters “lying.”
“Let’s put it this way,” he said. “They didn’t leave with a check.”

lbroadwater@baltimoreexaminer.com
Examiner

The Police Officer's Right to Sue

I got this from the The Maryland Coalition of Police and Deputy Sheriffs and found it to be both informative and an excellent read. Something that ALL those working in the Law Enforcement profession should know to protect their own rights.

The Police Officer's Right to Sue
By Charles Friend

Law enforcement personnel have always been, and always will be, exposed to physical risk in the line of duty. There is an irreducible minimum amount of danger associated with the profession, and those who choose a career in law enforcement do so with the knowledge that the possibility of physical injury or death will always be present.
In the late 1960's and during the 1970's the incidence of line-of-duty injuries rose sharply. In particular, deliberate attacks upon officers increased at an alarming rate. Between 1965 and 1980 the total number of reported felonious assaults on city, county and state police officers increased from 20,523 in 1965 to 57,847 in 1980. The number of officers killed by felons increased from 53 in 1965 to 104 in 1980, an increase of almost 100 percent. Assaults which resulted in serious injuries rose from 6,836 in 1965 to 21,516 in 1980, an increase of almost 300 percent. Although these trends have moderated somewhat in the 1980's and 1990's, the fact remains that today the risk of assault, injury or death still continues to be very much a part of the law enforcement profession.
Less widely publicized, but perhaps equally disturbing, is the remarkable rise in the number of verbal attacks on police officers in this country. While it is difficult to obtain exact figures, it is apparent that within the past few years American police officers (and police organizations) have been subjected to a rapidly escalating barrage of malicious and unfounded public accusations, including both false official complaints and defamatory statements published through the news media. While attacks of this nature cause no direct physical injury to the officer concerned, the damage to the officer's reputation and career, and the protracted legal entanglements which may result from false charges, are often extremely detrimental to the mental, financial, and even physical health of the accused officers and their families.
In spite of the number of assaults, physical and verbal, which have been inflicted upon them, American law enforcement personnel have not generally attempted to utilize the civil courts as a source or redress for the wrongs done to them. While a certain number of civil suits have been brought over the years by police officers for job related injuries, the number of actions filed is microscopic in comparison with the number of injuries being suffered. The civil remedy simply has not been the tradition response of the American police officer to line-of-duty injuries.
There are several clearly identifiable reasons for this non-user of the civil courts, and an examination of these reasons is essential to anyone who may be called upon to advise an injured officer about civil remedies.

The Availability of Worker's Compensation
A major factor in the lack of use of the civil courts by injured officers has been the availability of worker's compensation plans. Virtually every police officer in the country is covered through his or her department or agency by some form of plan whereby the officer is, in the event of injury, provided with medical care and protected against loss of income. These plans vary greatly in nature and scope of coverage, and many provide only minimal protection, but most officers who suffer a line-of-duty injury can expect to have direct medical expenses provided for, and to continue to receive salary and other benefits during at least some part of the period of disability.
Furthermore, this form of injury compensation is relatively easily obtained; such plans are generally administered directly through the departments themselves or their governmental bodies, and little or no action is normally required by the individual police officer to initiate a claim and to obtain whatever benefits are provided. Furthermore, when medical bills are covered and no income is being lost, the officer may quite reasonably conclude that he or she has been satisfactorily compensated for the injury and feel no need to pursue the matter in a civil court.

Lack of Awareness of the Availability of Civil Remedies
While this is less of a factor today than it was a few years ago, there is some evidence that until relatively recently many police officers were not fully aware of the variety of civil remedies available or the extent of the compensation obtainable through tort action. For example, while virtually every officer know that a civil right action exists for battery, until recently few would have been aware that the system provides for them in some instances with a right of recovery for mental distress unaccompanied by any physical injury. Again, while most officers would be aware that a tort action can be brought to recover the direct expenses such as medical bills of an injury, some might be unaware of the availability of additional damages, e.g., punitive damages, or an award for pain and suffering.
This lack of knowledge has not been entirely confined to the officers involved. All too often, the attorneys consulted by these officers have failed to perceive possible avenues of recovery through lack of understanding of the lesser known tort remedies.
Unfamiliarity of both officers and attorneys with the scope and extent of civil remedies has therefore played at least some small part in the non-user of the civil court system by injured officers.

Official and/or Public Discouragement of Civil Suits by Police
Even if the injured officer is aware of the availability of civil remedies and is inclined to pursue them, the officer may be discouraged from doing so by official or public antipathy toward the use of civil remedies by police officers. Law enforcement agencies may, as a matter of policy, attempt to dissuade their personnel from filing civil suits based upon incidents arising in the line of duty. While this intra-departmental opposition may not be expressed openly, or even admitted publicly, it can be brought to the attention of the officer informally but with great force.In addition, the officer and the officer's department may be affected by opposition from segments of the public outside of the department itself. Civil rights groups, for example, tend to oppose the use of civil suits by police officers, and this opposition may result in pressure being brought to bear upon political leaders to discourage officers from resorting to civil actions.

The Difficulty of Obtaining Legal Representation
The officer considering a civil suit may also encounter difficulty finding an attorney who is willing to bring the action. As noted above, many attorneys are not fully aware of the possibilities open to police plaintiffs in a civil court.
In addition, the cost of good legal representation can be substantial, and the officer may not be willing to pay the fees required by the attorney., or the other costs associated with the civil litigation. In most localities, of course, plaintiffs' attorneys habitually accept cases on a contingent fee basis whereby an attorney will be paid an agreed upon percentage of the eventual recovery, if any. Unfortunately, for reasons described below, attorneys are often reluctant to accept police plaintiff cases because they fear that even if a favorable verdict is obtained in court, they will be unable to collect the judgement, so that the net recovery - and the resulting attorney's contingent fee - will be nil.

The Difficulty of Obtaining a Judgment
An additional deterrent to civil action is the difficulty of obtaining a favorable judgement under the existing legal system. American tort law has, in some areas at least, developed a definite anti-police bias, which serves to block recoveries in many instances in which a wrong has unquestionable been done to the plaintiff officer. Thus, for example, the police officer may be confronted with complex legal defenses which deny to the officer the rights of the civilian citizen, or protect certain privileged defendants from the consequences of their wrongful acts. Because of these discriminatory rules, certain types of civil actions may see to the injured officer to present such difficulty as to become, if not impossible, at least unprofitable to pursue.

The Difficulty of Collecting a Judgment
Even if the Officer Wins the Case As noted in the discussion of the problems of obtaining legal representation, many attorneys shy away from the police-plaintiff cases because they believe that, while the officer has a strong legal case and will obtain a favorable verdict in court, they will be unable to collect anything from the defendant after the judgment is rendered.
In certain types of cases, at least, this is a significant consideration, as for example, in actions for battery. Unfortunately, those most likely to commit battery on police officer are also those least likely to have substantial pecuniary assets with which to satisfy a judgment even if one is obtained. Consequently, both the officer and the attorney may consider it a waste of time to bring an action when it seems likely that any resulting judgement will be a hollow victory, with no money ever actually being collected from the indigent defendant. In some instances, of course, the officer may wish to bring the suit as a matter of principle, or to obtain personal vindication; but these suits are relatively few, and in such instances the attorney will probably require payment by the officer of a flat fee in advance.

The Attitude of the Individual Officer
Although the difficulties discussed above are formidable, one of the most significant causes underlying the traditional lack of use of the civil courts by injured officers is the attitude of the officers themselves.
While individual officers are different, and therefore view the issues differently, certain common patterns of thought can be discerned. In the first place, as noted above, there is often an inherent distrust of the court system in general and of lawyers in particular. This leads to a feeling that there is no point in wasting time attempting to use a system which is basically hostile to the police officer, or which will place the officer's fortunes in the hands of lawyers, of which the police officer has not usually received a very favorable impression.
Secondly, there has quite commonly been a feeling among police officers that physical injury, or at least the risk of it, is just "part of the job," an occupational hazard which should be accepted without complaint. Most officers take pride in being members of the law enforcement fraternity, but this is unfortunately often accompanied by a feeling of isolation from the civilian world. This strong sense of in-group identity in turn oftenleads to the feeling that it is not proper to complain to persons or institutions outside it, or even to the department when an injury is received. Fear of loss of face or even open ridicule by brother officers may play a part here also, particularly where the injury is minor or of a strictly technical nature. In short, no one wants to appear to be a "crybaby."
This complex combination of pride and antipathy has historically discouraged many officers from filing civil suits; but, as will be noted later, this attitude seems to be changing rapidly today, especially where the case involves something other than the most minor physical or technical injury.

Trends in Civil Litigation by Police
Despite the difficulties described above, and the historical lack of use of civil remedies by law enforcement personnel, it appears that the trend is now toward increasing use of the civil courts by police plaintiffs. This trend has manifested itself in several ways. First, there is a distinct increase in the number of cases reaching both the trial and appellate courts in which police officers are the complainants. Secondly, law enforcement relate publications are taking an increased interest in the subject. Even the news media have taken note of the development. There are several factors which have contributed to this, and, again, an understanding of these is important to anyone involved in this are of the law.

Increased Police Awareness of Civil Remedies
The past few years have brought about changes in the law enforcement personnel themselves. Today's officers have a greater awareness of social issues in general and of their own rights in particular. This increased awareness is evident in the internal relationships between officers and their departments as well as in the officers' increased use of civil remedies against persons outside of their agencies.

Increase in the Number of Injuries
being Suffered by OfficersOne very obvious cause of the increase in civil actions by police plaintiffs is the increase, as discussed earlier, in the number of injuries (physical and verbal) being inflicted annually upon officers. A greater number of injured officers mean a greater number of tort claims by injured officers.

Attitude of Officers Toward Certain Types of Injury
Another factor, perhaps not quite so obvious, seems to be operating here also. It appears that while the average officer has been reluctant to bring a civil action for a physical assault (particularly where the actual injury is minor), a different attitude may be adopted when it is the officer's reputation which has been damaged. Although precise statistics are lacking, it appears that a large percentage of the civil actions being filed by police plaintiffs are for injuries related to reputation, libel, slander, etc., rather than for injuries to the body. Clearly, many police officers do not regard unjustified verbal attacks upon their professional or personal reputations as being "just part of the job," and they are more ready to seek vindication in court for injuries of this type.
This attitude is of particular significance when one considers that, although both physical and verbal attacks upon police officers are increasing in frequency, the increase in verbal assaults seems to be proportionately greater. The emergence of the false complaint as a deliberate tactic to harass the police has caused a disproportionate increase in this type of attack. This trend, coupled with the difference in attitude being exhibited by officers towards verbal assaults, has undoubtedly accounted for much of the overall increase in police plaintiff suits.

Increase in Litigation against Police Officers
In the past two decades there has been an astronomical increase in litigation against police officers. In certain urban areas of the country, suing the police has become so commonplace that virtually every contact between police officer and civilian carries with it the threat of civil action against the individual officer, his supervisors, the department as a whole, and the city itself. Police civil liability has become a topic of such importance that instruction in the subject is routinely given in police training programs, independent organizations, such as Americans for Effective Law Enforcement Inc., conduct regular workshops for police supervisors to prepare them to deal with the problem, and some departments, e.g. Los Angeles, have even established special divisions or task forces to investigate civil complaints against them.
This increase in litigation against police has, in addition to making law enforcement personnel more aware of the civil side of our legal system, caused many officers to decide to stop being legal sitting ducks and fight back against this "sue-the-cop" trend by utilizing the very same weapons that are being employed against them - lawyers and lawsuits, injunctions and money damages. The reasoning is simply that "if they can do it, why can't I?"

Encouragement of Police Plaintiffs by Law Enforcement Organizations
Injured officers are not being openly encouraged by interested organizations to bring civil actions. Police associations have been particularly active in this regard. For example, police associations in New York, Texas, California, and Pennsylvania are reported to be openly and actively promoting the filing of civil actions by their members or, in some cases, filing the actions themselves. In some instances, this encouragement has been accompanied by a policy of making legal counsel available to officers interested in filing civil actions. This encouragement has not been confined to local police associations. The International Union of Police Associations openly advocates the use of the civil courts by injured officers, and have provided interested officers with information and guidance towards that end.
Each of these factors has contributed to the increase in litigation by police. The list is not necessarily complete, of course. There are other factors which operate in individual cases to encourage the bringing of civil suits. The point is that, whatever the reasons, the civil action is beyond doubt being increasingly used by American law enforcement officers.

Justification for the Use of Civil Actions by Law Enforcement Personnel
This increasing willingness of law enforcement officers use civil actions is not being regarded with approval by all segments of our society. In fact, as will be noted subsequently, there is substantial opposition to the trend from such varied sources as civil rights groups, the news media, and even law enforcement agencies themselves. A quick examination of the justifications being offered for the increased use of the civil suit by police plaintiffs is therefore necessary.

Compensation of the Injured Officer
The first and foremost obvious justification for the filing of any civil suit is the compensation of the injured plaintiff. This is the purpose of our system of tort law - to compensate those who have been injured by the wrongful acts of others. An elaborate system has been developed over a period of several centuries to accomplish that goal, and, with certain exceptions, the system does not distinguish between police officers and plaintiffs engaged in other occupations.
It is true, of course, that police officers are normally covered by some form of employee compensation plan applicable in cases of line-of-duty injuries. As previously noted, however, these plans normally provide only for direct medical expenses and continuation of income, and even these benefits may be subject to severe limitations as to duration and amount of coverage. In addition, they are applicable only in cases of illness or physical injury; injuries to reputation, for example, are beyond their scope.
By contrast, tort law provides remedies for injuries of all types, whether to the body, the mind, the reputation, the career, or just the technical rights of the officer. Further, even in a physical injury case, the damages obtainable in a civil action in a court of law are far broader in scope that those provided by even the most liberal worker's compensation plan, and jury awards may reach figures unheard of in administrative compensation hearings.
In addition, although the acceptance of worker's compensation benefits usually precludes any further recovery from the employer, it does not normally prevent the bringing of civil suit against a third party. Therefore, the officer may often collect benefits from the employing agency under an employees' compensation plan and, in addition, file a civil suit against any third person or persons who actually inflicted the injury. Thus, the officer may often be entitled to obtain compensation through both channels.Although sometimes condemned, this double compensation is perfectly lawful and is justifiable upon at least two grounds. First of all, it is entirely consistent with a long-established tort doctrine know as the "collateral source" rule, which holds that a wrongdoer is obligated to pay for the full consequences of the wrong done, and is not entitled to escape any portion of that obligation by virtue of any benefits paid to the plaintiff by others. Secondly, in the event that an officer who has received benefits from an employee compensation plan should recover a civil judgement against a third party wrongdoer, the officer will, in many instances at least, be required to reimburse the city or other governmental agency for any benefits received from the employee compensation plan. This relieves the burden on the taxpayers, who would ultimately have borne the cost of the injured officer's compensation under the employee benefit plan; prevents the officer from receiving the "double compensation" which some find so objectionable; and places the financial burden where it belongs - on the wrongdoer who caused the injury to begin with.

Prevention of Similar Attacks in the Future
Advocates of the use of civil remedies by police personnel have emphasized the potential value of such suits as a deterrent to similar attacks on other officers. This reasoning has been responsible in large part for the encouragement of civil suits by police associations, which view this as a means of countering the growing flood of physical and verbal attacks and unfounded litigation against police officers. For example, following the filing of a $2,000,000 lawsuit against the Progressive Labor Party for injuries to nine policemen during a "demonstration," Mr. Jerry D. Trent, a director of the Los Angeles Police Protective League (LAPPL), was quoted as saying that one of the reasons for the filing of the suit was "to let groups like the Party know that unprovoked attacks on our police officers simply will not be tolerated." Mr. George Franscell, attorney for the LAPPL, stated flatly that "what we are trying to do is make people understand they can't go along killing and maiming police and get away with it." Similar statements havebeen made by officers or attorneys of the Dallas, TX, Nassau and Suffolk counties, NY, and Delaware county, PA police associations.
It is questionable whether the increased use of civil litigation by police officers or associations will have any effect on "heat-of-passion" physical attacks on police officers by individuals. Such attacks are, of course, already punishable under criminal laws, who sanctions are far more severe than mere money judgements. On the other hand, many advocates feel that criminal law is now so heavily weighted in favor of the accused that it no longer represents a significant deterrent to any type of crime. If that is indeed the case, the certainty of civil action might be of some value in causing at least some potential assailants to have second thoughts, especially in the case of groups which advocate violence as a matter of policy.
The deterrent effect may be most noticeable in other types of cases, however. As previously noted, a major problem confronting law enforcement today is the increase in false complaints and unfounded civil litigation against officers and their agencies. Unlike most physical assaults, these verbal attacks are usually carefully premeditated, and are often launched only after legal counsel has been obtained by the complainant. The knowledge on the part of the prospective complainants (and their counsel) that civil penalties will be invoked for the filing of unfounded charges or legal actions may at least serve to discourage those persons - and their numbers appear to be substantial - who make complaints or file suits against the police with full knowledge that the charges have no basis in fact or law.
Much of the opposition to the use of civil suits by police officers centers about this latter point. Many feel that to encourage - indeed, even to permit all police officers to bring lawsuits against citizens will have a "chilling effect" upon people who have legitimate complaints against the police.
This argument does not impress advocates of increased use of the civil courts by police. They point out that, in the first place, those with legitimate complaints have no reason to fear civil action by the officer concerned, since only unjustified charges are wrongful under tort law, and that statistics indicate that the vast majority of official complaints and lawsuits filed against law enforcement officers are later proven to be unfounded and, in many instances, malicious.
There is one additional and very persuasive argument made by those who favor the right of police officers to bring civil action; they point out that police officers are citizens too. Why, is it argued, should the police officer who is shot, or stabbed, or beaten, or defames, have fewer civil rights that any other person? Police officers suffer pain, and bleed, and die, like everyone else. They leave behind families who grieve and suffer financial hardship, just like everyone else. Why then, should they be denied the rights to protection and compensation that our legal system accords to every other citizen? The Supreme Court of the United States has upheld the law enforcement officer's right to sue. Many feel that the right should be exercised.

This position has been summarized very nicely by Col. Adam G. Reiss, Superintendent of the Ohio State Highway Patrol: Law enforcement officers have the same rights as private citizens. Where any officers are injured civilly in the performance of their duties, they have the right, and even a moral obligation, to file suit.

All rights Reserved

Ten Fatal Errors That Have Killed Experienced Lawmen

1. YOUR ATTITUDE If you fail to keep your mind on the job while on patrol or you carry problems from home into the field, you will start to make errors. It can cost you or other fellow officers their lives. Are you wearing your bullet resistant armor? It could save your life.

2. TOMBSTONE COURAGE No one doubts that you are courageous. But in any situation where time allows wait for the backup. There are few instances where alone, unaided you should try and make a dangerous apprehension.

3. NOT ENOUGH REST To do your job you must be alert. Being sleepy or asleep on the job is not only against regulations but you endanger yourself, the community and all your fellow officers.

4. TAKING A BAD POSITION Never let anyone you are questioning or about to stop get in a better position than you and your vehicle. There is no such thing as a routine call or stop. They are all "unknown risk" calls or stops.

5. DANGER SIGNS As a lawman you will get to recognize danger signs . Movements, strange cars, warnings that should alert you to watch your step and approach with caution. Know your beat, your community and watch for what is out of place.

6. FAILURE TO WATCH HANDS OF A SUSPECT Is he or she reaching for a weapon or getting ready to strike you? Where else can a potential killer strike but from his or her hands?

7. RELAXING TOO SOON The rut of false alarms that are accidentally set off. Walking in and asking if the place is being held up. Observe the activity. Never take any call as routine, or just another false alarm. Its your life on the line.

8. IMPROPER USE OR NO HANDCUFFS Once you have made an arrest handcuff the prisoner and do it properly. See that the hands that can kill are safely cuffed.

9. NO SEARCH OR POOR SEARCH There are so many places to hide weapons that your failure to search is a crime against fellow officers. Many criminals carry several weapons and are able and prepared to use them against you.

10. DIRTY OR INOPERATIVE WEAPON Is your firearm clean? Will it fire? How about the ammo? When did you last fire so that you can hit a target in combat conditions? What's the sense of carrying any firearm that may not work?

Lodge 15 Bull and Shrimp Roast

Maryland Troopers Association Lodge XV Bull and Shrimp Roast on the 27th of October from 5pm till midnight. It will be held at the Ed Walls Center in Fair Hill MD just north of Elkton. The menu is as follows:
Pit Beef, Pit Ham, Pit TurkeySweet Italian Sausage w/peppers and onionsWingsShrimpVarious side dishesBeer – 6 taps runningSodasGames of chance as well as a silent auction and Chinese auction. The tickets are $35 a piece and there is a DJ for music and dancing all night long. Tickets can be purchased by contacting a lodge officer, calling 410-392-9265 or email the lodge at mtalodge15@yahoo.com
Maryland Troopers AssociationLodge XVP.O. Box 2232Elkton, MD 21922-2232

Thank You,

To Veterans Administration Police Officer Joshua Starleper for his contribution of

the V.A. Police badge.

As a U.S.Army veteran I appreciate everything they do to keep us all safe at the V.A.M.C.

Baltimore on Greene Street and at Ft. Howard, Maryland.

Keep Up The Good Work!

Way To Go Deputies! Good Job!

LEONARDTOWN, Md. (Oct. 9, 2007) -

The St. Mary's County Sheriff's Department today released the following incident and arrest reports.

DRUGS:

On 10/08/07 DFC Brain Connelly responded to a check the welfare call in at the Sheetz Store, Great Mills, Maryland. DFC Connelly located the suspect, identified a Ryan Michael Page 22, of Leonardtown, Maryland in his vehicle. While talking to the suspect, DFC Connelly observed drug paraphernalia on the floorboard of the suspect's vehicle. The suspect was subsequently placed under arrest and charged with possession of CDS, Not Marijuana and Possession of CDS Paraphernalia. He was transported to the Detention Center pending hearing before the District Court Commissioner.

COUNTERFEIT NARCOTICS:

On 10/07/07 Deputy Campbell responded to the area of riverside drive to investigate a violation an alleged violation of an ex parte. While investigating this complaint Deputy Campbell was advised someone in the area was attempting to sell cocaine. The suspect was identified as a 17 year old juvenile. This investigation revealed the suspect attempted to sell fake cocaine to another juvenile in the area. The suspect was placed under arrest and charged with Possession with the Intent to Distribute Counterfeit Narcotics and Distribution of Counterfeit Narcotics and released to the custody of their parents.

GOOD JOB!

Great Work Trooper 5, Natural Resources K9 and the Allegany Sheriff's Deputies.
Thank You for another job Well Done!

Man charged in home invasions
From Staff ReportsCumberland Times-News

— CUMBERLAND -

A Potomac Park resident threatened in his own home by a man with a knife demanding money, was able to defend himself Saturday afternoon and flee to a neighbor's home.The suspect then tried to enter another home but again was fought off by the resident. He finally barricaded himself into a third, but unoccupied, home. A search, which involved numerous law enforcement agencies, including the Maryland State Police Medevac helicopter, finally brought the incident to an end about 1:36 p.m.Michael Ray Albright, no age given, of the 13900 block of Black Valley Road, Flintstone, was charged by C3I with several felony charges including first-degree burglary, first-degree assault, armed robbery and theft.The Maryland State Police at LaVale said Albright apparently was in a Pansy Street home in Potomac Park initially when the homeowner returned.Police said Albright, wearing a bandana, allegedly pointed a knife at the man and wanted money. After a fight, the victim went to a neighbor's house and call 911.As troopers were on the way, another victim called and said a man was at his home saying his car was broken down and he needed to use the phone. He then allegedly tried to force his way into the house but ran when he heard police sirens.Trooper 5, along with the state police, the Department of Natural Resources K-9 unit, Allegany County Sheriff's Office and C3I, searched the area, eventually learning Albright allegedly had broken into an unoccupied home.Police said they surrounded the house and later entered it where they arrested Albright.Albright was being held late Sunday in the Allegany County Detention Center on $250,000 bond.

Copyright © 1999-2006 cnhi, inc.

Officials Crack Down On Illegal Handicapped Tags

Officials Crack Down On Illegal Handicapped Tags

Mike Schuh Reporting

(WJZ) BALTIMORE
Many of the people who park in Baltimore's handicapped parking spots have no business being there.Mike Schuh reports a team of enforcement officers from the city and state are cracking down on illegal parkers.Of all the parking spaces at local stores and businesses, you need permission from the state to park in the ones closest to the door.MVA inspector Sidney Hyatt and other teams checked out 15 parking lots Wednesday, and some drivers were shocked that the parking privilege given to their relatives doesn't extend to them.
There were attempts to avoid getting a citation, and officers say that's because it's an expensive citation to get.Drivers could be found using parents', siblings', and spouses' tags. On average, those violators were given a $202 ticket and the tags were taken.Officials raked in many tags that were being used illegally, and if not picked up, they'll be shredded."They feel it's only for a few minutes, so they feel they won't bother anyone. But someone very needy of the space can't have it," said Hyatt."I'm glad someone's starting to clean it up because it's gotten ridiculous. You see very healthy people walking in and out of stores," said Ron Roberts who has a handicapped tag.
The MVA says there are well over 200,000 handicapped tags and license plates being used in Maryland.

Fredrick

Sgt. Clark Pennington, Training Supervisor for the Frederick Police Department, foreground, gives the field sobriety test to Ofc. Robert Brown, a volunteer intoxicated person whose blood alcohol content is .16 percent, during the Citizen Police Academy recently.

FPD tests sobriety with citizen academy [video]Originally published October 05, 2007By Sarah Fortney News-Post Staff
Photo by Skip Lawrence

DETAILS
Nationwide, on a typical Friday or Saturday night, one out of seven people leaving a bar is drunk enough to be charged with DWI.
Prior to 1994, almost half of the drivers who died in crashes had been drinking.
In 1998, alcohol contributed to 38.5 percent of all fatal crashes.
The average DWI violator drives while intoxicated 80 times per year.
Alcohol-related crashes cost taxpayers $46 billion on lost productivity, medical expenses and property damage.
Source: Frederick Police Department.
— — —
In Pursuit
Police reporter Sarah Fortney blogs on what’s happening on the public safety/fire/police scene. Click here to read her blog.
Local police briefed several people on the importance and accuracy of field sobriety tests during the Frederick Police Department's Citizens Police Academy on Wednesday.
Then, three intoxicated people came to class and let those briefed decide whether they should pass or fail the three-part Standard Field Sobriety Test.
About 20 people are enrolled in the 10-week course that meets at the Charles V. Main Training Facility on Plant Road. The academy gives an in-depth look at police work and the department.
Officer Robert Brown, a 17-year veteran, has seen his share of drunk drivers. He volunteered to let the class put him through the sobriety test after he drank about 12 beers in two hours.
The class agreed Brown would have failed the test had he been behind the wheel.
Brown had a blood alcohol content of 0.17 when he arrived about 8 p.m. An hour later, it dropped to 0.13.
In Maryland, an ABC level of .07 is enough for a conviction of driving while impaired. An ABC of 0.08 or more warrants a charge of driving under the influence.
Drivers charged with driving while impaired face fines of as much as $500 and/or one year in jail and eight points on their driving record; those charged with driving under the influence face fines of as much as $2,000 and/or two years in jail and 12 points on their driving record.
The other volunteers who came to the class also had ABC levels above 0.1. Altogether, they drank about 20 beers and eight martinis at Hard Times Cafe. A designated driver brought them to the class.
Sgt. Clark Pennington and Cpl. Matt Evans helped the class test the three intoxicated people. They suggested looking for clues, as police would, to identify a person's level of intoxication.
Involuntary eye jerking, known as nystagmus, is one sign.
"The eyes don't lie," Brown said.
No matter how hard intoxicated people try to look sober, they cannot control their eye movement.
The next part of the test requires a person to walk nine steps forward, heel-to-toe, along an invisible line, counting each step out loud with arms to the side. The person should be able to keep a steady balance, take all nine steps without stopping and not stumble out-of-line.
During the one-leg stand, the person must raise either leg about 6 inches above the ground, keeping eyes on the elevated foot. For 30 seconds, the person should count out loud, "One, one thousand, two, two thousand," and so on, until the officer says stop.
Police can choose to ask the person to take the Breathalyzer test to measure blood alcohol content, which can confirm the officer's judgment and help establish probable cause to make an arrest.
Deciding to make an impaired driving arrest is based on the evidence the officer gathers from the beginning of the traffic stop.
In addition to the lesson on impaired driving, police also talked to the class about the Special Response Team.
Sgt. Pat Grossman, SRT supervisor, told the class about 15 members make up the team. They are on-call around the clock.
The team goes through additional training and is used in high-risk situations, such as when people barricade themselves inside a home.
Next week, the class will watch a police dog demonstration and learn about the Special Operations and Community Services divisions.

Special Thank You To

Baltimore Police CityWatch!

Thank You for all of your efforts.

Click this link to see more: http://www.wbaltv.com/video/13756925/index.html

Your work helps not only the citizens of Baltimore, the Baltimore City Police Department but

the Lexington Market Police Department as well.

Again I Thank You All!

Anne Arundel County Officers Run

Jogging: Officers pursue fitness as well as criminals
By Joe Shafran

Anytime I talk about running by law enforcement, fire fighting or ambulance crews, I think of a couple of stories former county policeman, Joe Hatcher, once told me. Hatcher, a seasoned runner, retired as a corporal a couple of years ago only to enter another branch of law enforcement.

His story goes like this: While on patrol as a county officer, he had made a traffic stop. The driver of the stopped car jumped out of the car and started running - fast. But this guy picked the wrong cop run away from. Hatcher, in uniform, street shoes and wearing his flak jacket, took off after the driver. Two minutes later, a half-mile away, the fleeing man gave up, completely out of breath. At that point, Hatcher said, he was just getting his second wind.These days, you'll still find Hatcher running any race that he sees on the calendar.

And then there's the story of present Deputy County Police Chief Emerson Davis. About three years ago - 25 years after his recruit days - he was shocked when he glanced down and saw the high number on the tape used to measure his waist for a new uniform. After that, Davis took up running and began to watch his diet. Today, he does his daily early-morning runs through his Broadneck neighborhood and is almost down to his rookie weight.Speaking of rookies, one of the more awesome sights last Sunday at the Victim's Fund Run at Severna Park was the 20 or so recruits from the county's police training academy - all clad in a uniform blue, all running the race, one of them holding the class flag. Along with them ran several veteran police officers.That race, the 10th annual, is put on by the State's Attorney's Office and the lawyers belonging to the County Bar Foundation, with the proceeds going to the fund.

RACE OF THE WEEK: The 5th annual 5K Heartsmart Run and Walk at Kinder Farm Park, Oct. 7 put on by the Cliff R. Roop Cardiac Support and Education Foundation and Comcast Cable.It's a race/walk where you don't have to get up at the crack of dawn to be at the starting line. It begins at 10 a.m., after warm-up exercises. The proceeds from this race will be used to promote the use of the AED, the somewhat-new defibrillator device now found in many public places that could have saved the life of Cliff Roop, the member of county council member who collapsed and died at the Arundel Center in Annapolis just after a meeting a few years ago.Also, there's the Junior League of Annapolis' Volunteers on the Run 5K at Quiet Waters Park Saturday at 8:30 a.m. If you jog or drive there, turn into the Red Maple Pavilion. The organizers have made sure the race course affords you a look of all the grandeur of the Park, including the South River promenade and overlook, something often missed if you just take a stroll through the park from the entrance and get tired and turn around after a couple of miles. Lara Mish is race director.HINT OF THE WEEK: On Kent Island, the Queen Anne's County Department of Recreation and Parks has begun an aggressive trail-building program the past few years and has criss-crossed the county with several miles of trails,On each trail, the county has erected large signs urging bikers and joggers/runners to give a warning when overtaking someone ahead of them. For bikers, using a bell or horn is suggested. They don't spell out a warning to be used by runners or joggers, so let me give you one that I find helpful ... It's three simple words yelled out from behind: "On your left/right!" Just belt it out. Don't be bashful. For a person ahead, walking or running slowly, the sound of a runner/jogger coming up unannounced from the rear can be frightening. A startle runner, hearing the approach of a stranger, might whip out a container of pepper spray and let the passing runner have it. So, Try "On Your Left/Right !"

CALENDAR Sunday: Quiet Waters Park. Red Maple Pavilion. 8:30 a..m. 5K run. Volunteers on the Run. Junior League Of Annapolis. Register and get information on active.com.Sunday: BWI Thurgood Marshall Midfield Cargo Complex, Linthicum. 8:30 a.m., 21st Annual four-mile run and two-mile family walk. Benefits children with Down Syndrome at Kennedy Krieger Institute. Call 410-993-RUNN.Oct. 7: South River Colony, Edgewater. 9 a.m. Fourth Annual Jodi Reitz 5K fun run/walk.

Proceeds go to Anne Arundel County CASA. www.aacasa.org***Running results and items of interest can be mailed to Joe Shafran at the Capital , P.O.Box 911, Annapolis MD 21404.,faxed to 410-280-5953 or e-mailed to joggingjoe@letsshapeup.com. Joe is the host of Let's Shape up on radio and television and is a member of the Maryland State Advisory Council on Physical Fitness.

Published 09/29/07, Copyright © 2007 Maryland Gazette,Glen Burnie, Md.

Copyright © 2007 Maryland Gazette