Four Police Officers Arrested For Child Cruelty at Boot Camp
Parents in California sent their children to a week-long police lead boot camp called Leadership Empowerment and Discipline(LEAD), intending it would help with their children's behavioral problems. However, their children came home bloody and bruised. One child even came back with a fractured hand and broken fingers. Four police officers were arrested for abusing 15 children ranging from 12 to 17 years old at a boot camp for troubled kids. The officers were arrested for willful cruelty to children and other crimes under color of authority.
Previously, the LEAD camp had been operating for 17 years without any reports of abuse. The FBI Computer Analysis Response Team aided in a two month investigation. Lawyers representing the children said that the children were slammed against walls, had their fingers stepped on while doing push-ups, and were beaten in a dark room.
Each of the four officers posted a $20,000 bail bond. This case has been submitted to the San Luis Obispo County district attorney's office for prosecution. The officers involved have been placed on administrative leave.
Comments from Allen:
The LEAD program refers to this experience as a "boot camp." Times have changed. U.S. Marine drill sergeants are not allowed to engage in beating soldiers in their care. Further, these kids were not undergoing this experience as part of a court-ordered punishment. This was not, under any definition, a boot camp experience.
In this case, the criminal justice system and the civil system meet. The parents of the children are going to sue the officers for the wrongs done to their children. However, the conduct in these cases is criminal. By allowing the prosecutor to convict the officers of crimes before filing the civil suits, the attorneys for the families are letting the state establish the conduct which will serve as the basis for civil liability. Once the officers are convicted, the only question remaining will be the amount of damages in each case. Further, on a case-by-case basis, the court might allow punitive damages.
The parents will have the option of suing under state or federal civil rights law. The federal civil rights law, 42 U.S.C. Section 1983 allows such suits when a person's rights are violated "under color of law." This can probably be established.
Normally, such federal suits are brought only against the individual officers, and not against the county which sponsors the program and pays the officers while they are conducting the camp, because a local government may not be sued under section 1983 for an injury inflicted solely by its employees or agents; it can only be sued when someone is injured by the execution of a government policy or custom. With so many kids being subjected to brutality at this county-run program, the plaintiffs may be able to establish that their kids were injured by the execution of official San Luis Obispo County policy. That would make the county itself liable for damages under 42 U.S.C. Section 1983.
Owen v. Independence (U.S. 1980)
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Sources for more information:
http://abcnews.go.com/US/wireStory/california-police-officers-arrested-boot-camp-abuse-32910948
http://www.cbsnews.com/news/four-california-police-officers-arrested-on-child-cruelty-charges-at-boot-camp/
http://hosted.ap.org/dynamic/stories/U/US_BOOT_CAMP_ABUSE?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT
http://www.foxnews.com/us/2015/08/06/4-california-police-officers-arrested-on-suspicion-boot-camp-abuse/
http://www.usatoday.com/story/news/nation/2015/08/05/california-officers-abuse-kids-boot-camp/31193455/
http://www.nydailynews.com/news/national/4-southern-calif-cops-arrested-child-abuse-charges-article-1.2317220
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