[Hpn] LAPD Code of Silence LAWSUIT may lack "class-action potential" says Federal Judge (fwd) says Federal Judge (fwd)

[Tom Boland]

LAPD: Judge doubts class-action potential of LA police lawsuit

CIRCULATE PLEASE to Civil Rights supporters & related lists:

Nearly 200 "plaintiffs include Officer John Goines, who claims he was
punished for criticizing the 1999 fatal police shooting of Margaret
Mitchell, 55, a mentally ill homeless woman who allegedly
threatened an officer with a screwdriver...
The lawsuit alleges that the retaliation helped foster a ``code
of silence'' that contributed to the Rampart station corruption
scandal that has rocked the police department..."

http://newsfinder.arinet.com/fpweb/fp.dll/$stargeneral/htm/x_dv.htm/_ibyx/cg0302
6/_itox/starnet/_svc/news/_Id/699688920/_k/0hWjMn7jl6k1LJYe
FWD  Associated Press - AP Wire Service - Jan 26, 2001
     Photo Advisory  LA103

     JUDGE DOUBTS CLASS-ACTION POTENTIAL OF LA POLICE LAWSUIT 

     By PAUL CHAVEZ
     Associated Press Writer

LOS ANGELES (AP) _ A federal judge cast doubt Friday that a
lawsuit filed by nearly 200 current and former officers who claim
they were punished for reporting misconduct within the Los Angeles
Police Department will gain class-action status.

U.S. District Court Judge Florence-Marie Cooper said the wide
range of claims would make it unlikely that the court would certify
it as a class-action. The claims include discrimination based on
race, gender, age, sexual orientation and retaliation for reporting
police misconduct, criminal wrongdoing and sexual harassment.

Cooper gave attorney Bradley Gage and other lawyers representing
the officers until August to prepare a viable class-action
complaint.

Gage said he may pursue the case in a series of subclasses that
cover various groups of officers.

About 100 officers attended the otherwise routine status
hearing.

``All of you being here makes a statement,'' Gage told the
officers after the hearing. ``The city attorneys were shaking as
they were walking into the courtroom.''

The plaintiffs include Officer John Goines, who claims he was
punished for criticizing the 1999 fatal police shooting of Margaret
Mitchell, 55, a mentally ill homeless woman who allegedly
threatened an officer with a screwdriver.

During a July 12, 2000, deposition in a federal civil rights
lawsuit filed by Mitchell's family, Goines said he believed the
shooting was unjustified because, although his view was blocked at
that moment, he saw the circumstances before and afterward.

``Almost everyone here had exemplary careers until they reported
misconduct,'' Gage said. He added that the majority of plaintiffs
are veterans with at least 10 years of service and about half still
work for the department.

The lawsuit names the city, Police Chief Bernard Parks and other
high-ranking officials. The plaintiffs claim they were given poor
work assignments, were closely scrutinized, were targeted for
complaints and were harassed after reporting misconduct.

The lawsuit alleges that the retaliation helped foster a ``code
of silence'' that contributed to the Rampart station corruption
scandal that has rocked the police department.

``Police officers know if they see something wrong and they
report it their career is over,'' Gage said. ``So they have to stay
quiet.''

Sgt. John Pasquariello, a department spokesman, declined to
comment specifically on the lawsuit.

He said, however, that the department has a specific policy
against retaliation and officers should file a complaint if they
believe there has been retaliation.

``If an officer sees misconduct they should report it
immediately to their supervisor,'' Pasquariello said. ``If someone
reports it at a later date, we do investigate that.''

City attorneys want to limit the scope and time the lawsuit can
cover and want all the plaintiffs clearly identified, said Jess J.
Gonzalez, an assistant city attorney in the police employment law
section.

``They're asking for documents that go back 10 years plus,''
Gonzalez said. ``We don't often keep records for that lengthy
period of time.''

The judge ordered attorneys for both sides to meet over the next
several months to determine a schedule to manage the case.

AP-WS-01-26-01 2200EST
Received  Id AP1010269BA2A76B on Jan 26 2001 21:01

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