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TIn Order to Deter LA Rioters, Sue Each For All The Damages
eTradeWire News/10806477
Civil Lawsuits Can Supplement LA Cops, Natl Guard, and Exhortations
WASHINGTON - eTradeWire -- City police, federal officials from different agencies, and even national guard forces were unable to stop the burning, looting, physical assaults, traffic blocking, attacks with thrown concrete and exploding fireworks. and other aspects of three days of illegal rioting in Los Angeles.
Perhaps it's finally time to utilize a rarely used but potentially very powerful weapon against those who engage in illegal activities to make a point; suing those who can be identified for damages, says public interest law professor John Banzhaf, who has successfully encouraged using such civil actions in a variety of situations.
For many, the threat of a possible arrest, followed by at most a night in jail and a small fine isn't much of a deterrent to promoting a cause, suggests the law professor.
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But being sued individually for all of the hundreds of thousands of dollars worth of damages caused by the entire mob, and facing the daunting prospect of having to pay it off through attachments of property (including any inheritance from parents) and seemingly endless garnishment of wages, is likely to make many of them think more than twice about engaging in a criminal conspiracy to riot, says Banzhaf.
Even if the civil law suit is unsuccessful after years of litigation and appeals, the rioter will still face daunting legal fees, massive damage to his credit rating, and a blemish on prospects of being hired for a desired job, he notes.
Banzhaf explains that under the well established doctrine of "joint and several liability," those who participate and cooperate with others in collectively committing criminal acts ("joint tort feasors) can be held liable for all of the damages which result, no matter who caused what.
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Indeed, there is no legal requirement for a plaintiff to prove who in the crowd caused which damages; it is enough to show that the damages to property, and/or injury to people, grew out of the riot in which the defendant participated.
Rather than relying for justice upon prosecutors who increasingly drop charges against those participating in "cause" riots, any individual and/or business harmed by any of the rioters can (and should, says Banzhaf) bring a civil tort action against all of the rioters who can be identified.
Moreover, although it requires proof beyond a reasonable doubt to obtain a criminal conviction, it is always much easier to win a civil judgment which requires only proof preponderance (more likely than not) of the evidence to win.
Any individual or business which was harmed by a riot can sue any identified rioter, and probably bring a class action law suit for millions of dollars, says Banzhaf.
http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf
Perhaps it's finally time to utilize a rarely used but potentially very powerful weapon against those who engage in illegal activities to make a point; suing those who can be identified for damages, says public interest law professor John Banzhaf, who has successfully encouraged using such civil actions in a variety of situations.
For many, the threat of a possible arrest, followed by at most a night in jail and a small fine isn't much of a deterrent to promoting a cause, suggests the law professor.
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But being sued individually for all of the hundreds of thousands of dollars worth of damages caused by the entire mob, and facing the daunting prospect of having to pay it off through attachments of property (including any inheritance from parents) and seemingly endless garnishment of wages, is likely to make many of them think more than twice about engaging in a criminal conspiracy to riot, says Banzhaf.
Even if the civil law suit is unsuccessful after years of litigation and appeals, the rioter will still face daunting legal fees, massive damage to his credit rating, and a blemish on prospects of being hired for a desired job, he notes.
Banzhaf explains that under the well established doctrine of "joint and several liability," those who participate and cooperate with others in collectively committing criminal acts ("joint tort feasors) can be held liable for all of the damages which result, no matter who caused what.
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Indeed, there is no legal requirement for a plaintiff to prove who in the crowd caused which damages; it is enough to show that the damages to property, and/or injury to people, grew out of the riot in which the defendant participated.
Rather than relying for justice upon prosecutors who increasingly drop charges against those participating in "cause" riots, any individual and/or business harmed by any of the rioters can (and should, says Banzhaf) bring a civil tort action against all of the rioters who can be identified.
Moreover, although it requires proof beyond a reasonable doubt to obtain a criminal conviction, it is always much easier to win a civil judgment which requires only proof preponderance (more likely than not) of the evidence to win.
Any individual or business which was harmed by a riot can sue any identified rioter, and probably bring a class action law suit for millions of dollars, says Banzhaf.
http://banzhaf.net/ jbanzhaf3ATgmail.com @profbanzhaf
Source: Public Interest Law Professor John Banzhaf
Filed Under: Legal
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