Posts Tagged ‘Indiana’

Racial Profiling

Should the police use race as one of the characteristics upon which they make decisions about stopping and searching motorists or pedestrians? (The question assumes, of course, that the police are not operating from a description of a specific individual believed to be involved in a crime.) Among those who have answered “no” to a question of this sort is our nation’s Attorney General. Others think that the practice is OK, as long as it is consistent with efficient policing: after all, you wouldn’t want to focus lots of law enforcement on groups that are rare offenders, such as elderly women. But is it right that a black driver on I-95 in Maryland in the late 1990s was five times more likely to be subject to a search than was a white driver?

Those who take the “efficient policing” position often say that the disproportionate number of stops is OK, as long as the probability that a searched motorist is carrying contraband (in the case of anti-drug enforcement, the aim of most of the highway searches) is about the same for blacks as for whites. (This probability is sometimes called the “hit rate.”) By this reckoning, if only 5 percent of the blacks who are searched are found to be carrying drugs, while 20 percent of the whites searched are carrying, then the racial disparities in searches are not consistent with efficient policing and should be curtailed, eliminated, or reversed. On the other hand, if the hit rate for searches is about 20 percent for both groups, then the use of race as an indicator might be acceptable.

But I and my co-author, Michael Alexeev of Indiana University, think that this standard “efficient policing” story is mistaken, for reasons that I will mention after the “Continue reading…” link.

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Indiana court: cell-phone companies not responsible for auto accident

Terry Williams collided with Kellie Meagher, who was allegedly talking on a Cingular phone at the time — so Williams sued Cingular. Neither the trial court nor the Court of Appeals was impressed, even after Williams submitted a Blondie comic strip in support of the cause. The court noted that it wouldn’t impose liability on a mapmaker for a driver who causes an accident while looking at a map. (Kevin Corcoran, “Court: Don’t blame cell-phone maker for crash”, Indianapolis Star, Jun. 5). However, plaintiffs have successfully sued employers in other cases where employees were using cell phones while driving. (Matt Sundeen, “Cell Phones and Highway Safety: 2003 State Legislative Update”, NCSL, Jan. 2004).

“Liability crisis ends century of deliveries”

Human interest: Family physicians Jim Schwieterman M.D., and Tom Schwieterman M.D., who are brothers, are “scheduled to deliver their last baby in September, stopping a more than 100-year run of their family bringing children into the world in Mercer County, Ohio.” Their practice in the rural town of Maria Stein dates back to their great-grandfather, and has never had a lawsuit payout. But obstetrics is a high-risk field legally speaking: their insurance company “was asking for $80,000 for the brothers to keep delivering the 60 or so babies a year that they average”, up 150% or so from six years ago. “And given how long their family has been in the community, neither wanted to move 20 miles west to Indiana where tort reform is established and rates would have been 75% less.” The brothers will continue in medical practice aside from obstetrics. (Tanya Albert, American Medical News (AMA), May 3).

Lawyer: school should have secured bus windows against opening

In Indianapolis, Raul Gonzalez IV, 16 and developmentally disabled, “died after he stuck his head out of a [school] bus window and struck a tree last fall. The bus driver was steering to avoid an injured raccoon”. Now his mother, Irma Garcia, has filed a tort claim notice against the city and Perry Township schools on a variety of negligence theories. Her lawyer, Robert York, said in particular that the fatality could have been averted “if the bus’s windows had been blocked from opening more than a few inches”. The article makes no mention of what such a recommendation might mean for the safety of school bus passengers in other situations, such as emergency evacuations. (Vic Ryckaert, “Perry Schools may be sued in bus accident”, Indianapolis Star, Apr. 16)(& letter to the editor, Jun. 22).

Indiana non-getaway leads to suit

Latest motorcyclist to try to outrun police cars in a high-speed pursuit: Brandon S. Hilbert, in Portland, Ind., who was driving on a suspended license with no motorcycle endorsement. He failed to make it around a curve after a chase that reached 130 mph, and his survivors are suing the city and two police officers alleging civil rights and tort causes of action. (“Family Sues Over Fatal Police-Chase Crash”, TheIndyChannel, Apr. 21).

Madison County now an asbestos magnet

About one quarter of mesothelioma cases nationwide are filed in Madison County now, and the overwhelming majority of those are set for trial–even though the majority of those cases do not involve plaintiffs who have any connection with Madison County. Former attorney general and federal judge Griffin Bell, who served under Jimmy Carter from 1977-1979, has called for a DOJ investigation into the “stain on our system” behind the curiously plaintiff-friendly courts. Bell identifies some of the egregious practices in Madison County, such as blanket subpoenas of high-ranking corporate executives who know nothing about the individual details of a case, and the setting of multiple cases for trial the same day, with only plaintiffs knowing which case will actually be tried. (Trisha Howard, “Lawyer in big-money suits is scornful of ex-attorney general”, St. Louis Post-Dispatch, Apr. 14; Susan Skiles Luke, “Former attorney general calls for asbestos court reform”, AP, Apr. 14; “Asbestos cases quadruple in Madison County, Ill.”, St. Louis Business Journal, Apr. 14; Sanford J. Schmidt, “Lawyers spar over asbestos filings”, Alton Telegraph, Apr. 15; Brian Brueggemann, “Forum participants: Investigate Madison County court system”, Belleville News-Democrat, Apr. 15).

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School-potluck menace averted

Since last year the Board of Health of the town of Andover, Mass., has required school parent-teacher organizations “to have a specially trained ‘certified food protection manager’ if they plan to serve food at a school fund-raiser or class party.” The training sessions needed to become a certified manager cost $145. Potluck suppers are entirely forbidden since it is impossible to monitor the cooking of food in homes. “The rules were even stricter when the policy was first implemented. PTOs and parents were required to have a trained food safety expert at every event involving food, including classroom birthday parties where cupcakes would be served.” Now the town is drawing up a list of foods that it does not consider to pose a big safety problem, a list that surprisingly turns out to include coffee and doughnuts (hasn’t anyone warned them about hot-coffee spills and obesity-as-tort?) “Even though we have a long history of no problems, society is getting more litigious, and many of the PTOs are looking at getting insurance,” said Mary Jo Gustus, who heads the parent-teacher organization at South Elementary School. (Meredith Warren, “Parents train as food police for school spaghetti suppers”, Lawrence Eagle Tribune, Mar. 17). For another food menace averted, see Dec. 13, 1999. More: Feb. 17, 2005 (Indiana).

Drunk driver’s family: blame it on the road

17-year-old Steven Terrell had a blood-alcohol level of .162 and had taken OxyContin when he lost control of his car, swerved off the road, hit a culvert, and overturned; not wearing a seatbelt, he died from the resulting injuries. “Roy Terrell and Donna F. Moore, the parents of Steven L.R. Terrell, notified [Morgan County] officials that they blamed the death on the county’s failure to maintain the roadway in a reasonable safe condition, failure to warn, defective road construction and design and failure to have a proper sign. They intend to seek $2 million in damages.” This time, the local press is outraged. (R. Joseph Gelarden, “Couple to sue over son’s death”, Indianapolis Star, Apr. 5; Editorial, “Don’t blame road for this tragedy”, Indianapolis Star, Apr. 7; Editorial, “Lawsuit instigators attempt to defer responsibility”, Purdue Exponent, Apr. 7).