A fair and just system of law

Is it possible to have a fair and just system of law in this country? Judging by the events of the past few years We’d have to say no. In this county we have a system of law enforcement that has been allowed to neglect their duties and allow crimes to go unpunished and fines to go uncollected. We have a system of law enforcement that has been allowed to “steal” taxpayer’s money by spending it on personal items while not receiving any criminal charges and are allowed to remain employed. We have a system of law enforcement that has been allowed to disregard the safety of inmates and not be held individually liable for this neglect. And now it seems that a Federal District Judge is considering allowing this system of law enforcement to neglect the rights and safety of inmates and not be held liable in their official capacity as well.

In the case of Scott Crow v. Marty Montgomery, U.S. District Judge Wm. R. Wilson wrote a response to a Writ of Mandamus before the Eight Circuit Court of Appeals where he says that he will likely reconsider and dismiss the case against the county in light of a statement made by the Court of Appeals in an earlier decision. Judge Wilson writes,

In the penultimate paragraph of its decision, the Court expressed its view on the merits of Crow’s official capacity claim, an issue that was not before the Court on Defendants’ interlocutory appeal:

Crow alleges, at most, institution-wide deficiencies which were known to these supervisory officials but over which they had only partial control. On these facts, we refuse to hold supervisory jail officials liable for acts that may or may not have contributed to Crow’s injury in June of 2001. In short, there is no record evidence of anything beyond the FCDC officials’ simple negligence. Thus, on the facts taken in the light most favorable to Crow, he has not made out a constitutional violation.

[. . .]

If the Court dismisses the Writ of Mandamus as inappropriate, as I think that it should, it is most likely that I will reconsider and dismiss the case against the county in light of the quoted paragraph.

It seems clear to me that this is not an earthquake type of case that would cause the Court to employ the extraordinary remedy of mandamus.

Well it may not be an earthquake case to the Judges but I guarantee you that it was to Scott Crow. Now in the original ruling by the district court Judge Wilson denied a motion for summary judgment by the county stating there is a genuine issue of material fact in question. The County’s lawyer, Michael Rainwater, filed an appeal to the 8th District Court of Appeals asking for qualified immunity under 42 U.S.C. §1983 from individual liability.

In a ruling that the Appeals Court itself calls as out of the ordinary they over turn the District Court’s denial for summary judgment and grant the appeal for qualified immunity. Now this in itself sets a disturbing standard that will make it harder for inmates to get justice for injuries sustained due to the neglect and/or abuse committed by jailers all across the U.S. But to now have the District Judge state his intention to dismiss based solely on an extraordinary ruling is pushing this standard to a dangerous level.

The precedence set in this case should it be dismissed is far reaching. It will allow jail administrators to neglect the needs of inmates without fear of any civil and maybe even criminal liability. Have we as a society really come to the point where our rights are only as good as our standing in the community?

As predicted the Appeals Court has denied the writ of mandamus and sent this case back to Judge Wilson for adjudication. It is now up to him to decide once again if a jury will hear the facts in this case or if he will set the system of justice back a few hundred years.

The facts of this case must be heard. If you feel as we do and want to help call Judge Wilson’s office at (501) 604-5140 and express your concerns about dismissing this case. And if your so inclined call or email the local media outlets and ask them to do a story about this case.