Abstracts » Law

Force of law; federal lawsuits for Rodney King raise new issues

Article Abstract:

Federal adjudication of the Rodney King case will require a stricter burden of proof than was the case in the state trial and a showing of specific intent on the part of the police to take away King's constitutional rights. The three constitutional rights in question under 18 USC 242 would be whether King's physical restraint by the police violated his Fourth Amendment right not to be subjected to unreasonable search and seizure, a violation of his 14th Amendment right to equality before the law if it is proved that the police were racially motivated, and a 14th Amendment due-process claim.

Civil rights

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Different result in new cop trial; defense missteps, prosecution tactics lead to two convictions for King beating

Article Abstract:

The federal civil rights trial of the four Los Angeles police officers involved in the Rodney King beating resulted in acquittals for Timothy Wind and Theodore Briseno, while Stacey Koon and Laurence Powell were convicted. Law professor Laurie Levenson, who observed the trial, states that the prosecutors' presentation of the federal case was more balanced. Other effective prosecution tactics included calling Rodney King as a witness, thereby humanizing him, and employing a use-of-force expert.

Police, Complaints (Civil procedure), Police misconduct, Powell, Laurence M., Koon, Stacey C.

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School violence; DeShaney bars liability

Article Abstract:

The Third Circuit has held that the nature of a school district's relationship with students is not such that a due process violation under the 14th Amendment could arise. The facts of the case were a student teacher and school official's knowledge of but doing nothing about a repeated rape of two students on school grounds. The court decided that total control over a student's physical well-being was necessary for liability to exist and that the school district did not exercise such control.

Tort liability, Tort liability of school districts, School districts

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