By Mark David Blum, Esq.
Congratulations to the City of Syracuse. Thanks to the expert handling by your well trained lawyers, you once again dodged liability and responsibility for the injuries brought upon on of your citizens by another. A State Court jury last week found that Syracuse police officer Thomas Aquino was not reckless in his engagement of a pursuit in furtherance of official police business. In running a red light coming to the rescue of a fellow officer, Aquino collided with a vehicle driven by the head of Geriatrics at University Hospital leaving the doctor with a broken rib and a head cut while his wife escaped the crash with bruises. Although disciplined by the department, the officer will not compensate the doctor or his wife for the injuries and damages they suffered. Neither will the City. The Mayor’s own Heavy Hitters scored another “W” for their office.
(For the record, I am not involved in the case and know nothing of the facts and make no comment thereon). I have been trying Civil Rights cases in State and Federal Courts since 1992. Such cases are labor intensive, unpopular, resented, and the Plaintiffs are not generally stellar citizens. As a general rule, civil rights violations … malicious prosecutions, false arrests, excessive uses of force, denial of due process, voting interference, and religious oppression … all tend to occur to the poor, the weak, and the minorities in society. The affluent, the powerful, and the well established would never tolerate such unconstitutional behavior. These folks know how to fight back, to use their resources for gain, and to mostly avoid the illegal behaviors of government. Also, these folks tend to be in the majority and thus are protected from the types of behavior that prompt civil rights cases.
When Congress first passed the civil rights statutes (42 U.S.C. §1983 et seq.), they understood that the weakest and poor in society could never afford competent counsel to stand up for their rights. Ultimately what motivates all of us is pecuniary gain. Many civil rights violations also include no personal injury and even lack any real malice by the government agent. Consequently, there really is no available ‘contingency’ remuneration in many of these cases.
Recognizing this vulnerability and lack of legal resources for the poor, Congress made it a part of the law that if a Plaintiff in a civil rights case prevails on his cause, then the losing party has to pay attorney fees. The law is written both ways such that even a losing defendant (State or municipality) can come after the Plaintiff for attorney fees as well.
Nothing better exemplifies the problems in Syracuse and why it is a dying community than does the Aquino case and its’ outcome. With the rise of the present administration and implemented by prior Corporation Counselor Terri Bright, it has been the non negotiable posture of the City that it will not settle any cases and will litigate every one of them. Newly installed Corporation Counsel Rory McMahan continues this Driscoll doctrine.
On its surface, City taxpayers would surely applaud such fiscal tightness especially since City Hall remains undefeated in its litigation history. So far as I know, City lawyers have not lost a trial nor have they settled a case against them since the Driscoll Administration took office. Though I may be wrong, this is their posture and attitude and my own personal experience as well. Taxpayers saved untold sums of money and the Mayor can proudly claim credit.
Professionally, City lawyers shouldn’t crow too much as they know how well the law shields their clients from liability. Hurdles to be overcome by Plaintiffs in State or Federal Courts are humongous; at law and at fact. I describe it as “finding the pathway through a mine field”. Before anybody can get paid by a municipality, they first have to get a judgment. Under no circumstance is a judgment available unless a Plaintiff proves a minimum of recklessness and under most circumstances, malice or willfulness. The City itself is not reachable unless you can show the employee behaved illegally and ALSO in accordance with an improper policy. In time and expense, the cost of battle against these odds is high and only the committed Plaintiffs can even get to a jury. This is a huge advantage City lawyers bring with them into Court; that, and the natural disinclination of taxpayers to criticize or find against police or firefighters.
But, this same attitude sends another loud and clear message. That message is, ‘Welcome to Syracuse. Now Go to Hell’. After all, who is the Mayor and who is the Plaintiff? Are not the persons involved all residents and taxpayers in the City? Whether a police officer runs a red light rushing to help another, or slams into a parked car while rounding a corner, or kicks in the wrong door, these are actions that result in an injury to a citizen and taxpayer of the City. When that taxpayer seeks restitution and compensation, his fellow citizens give him a finger in the eye.
“Suffer” says the City and suffer do the people. Fortunately for those seeking re-election the numbers of people hobbled and stripped of their rights and property are not as plenty in voice as those cheering six percent tax increases and twenty billion dollar school district shortfalls.
From the outside, Syracuse looks like a City whose citizens feed upon each other. There is neither love nor assistance person to person and neighbor to neighbor. When one’s barn burns, the city does not outpour support and love. Defenses built into the law as shields against frivolous lawsuits are being used as swords by lawyers to permanently beat down anybody hurt. Even in the rare and odd occasion that a Plaintiff does prevail, the City has promised to pay not only for the injuries, but also any punitive damages awarded as well. Hence, City employees operate with near absolute immunity and can pretty much do as they wish.
Meter maids will ticket your vehicle for the most infinitesimal of perceived violations. Break anything owned by the City and you will be billed in triplicate. Don’t pay fees or cooperate with city hall, and they will shut you down and even jail you.
But “we” fail to look out for each other when a city employee is involved. It is fine to not require the employee to be individually responsible. Yet, collectively we are all responsible when someone acting in our name hurts another. As among everyone involved, the injured party should be last in line of those responsible to absorb the loss. Hence, it falls upon us all as taxpayers to watch out one for another.
If taxes suddenly spike or budgets are suddenly busted, perhaps that will give the City incentive to get rid of those in its employ who are costing so much money. That more than anything is in the public’s truest and best interest.
Congratulations Syracuse. Once again you have shown your true soul. Another injured citizen is given the finger and left to suffer while lawyers and cops celebrate. Will you whine about the shortage of doctors when this good citizen packs up his bags and takes his income with him?
City Hall policy turns the public against police. Actually, the Driscoll Administration turns the police against the public. Instead of owning up to mistakes and making restitution collectively, the Mayor and his lawyers force citizens to raise the bar and make accusations against police that are or are perceived by the officer as a personal attack.
When two people driving cars have a collision, we have in place a system that enables the victim to be compensated. The wrongdoer is held liable and compelled to make compensation. Whether by insurance, civil or criminal process; one to another, we have made sure the victim and innocent party is the last in line to suffer.
Yet in Syracuse, when the wrongdoer is a city employee and especially a police officer, the attitude of the citizens is that the innocent victim should just bite the bullet and suck it up. “Taking one for the team” is eloquent in baseball but wholly inappropriate in a City that constantly asks itself why it is dying.
So let me be among those patting Mr. McGinty and his bosses on the back. Indeed congratulations and thank you for making the streets of Syracuse just a little bit more dangerous. In addition to criminals, we now have to watch our backs for the mistakes and bad acts by municipal employees of every ilk.
