Officer considering suing Dr. Gates for defamation.

[dgibby]

According to ABC news, Sg. James Crowley is exploring all his options, including a possible lawsuit against Dr. Gates for defamation of character. The officer will be holding a press conference later this afternoon to discuss the arrest. No time is listed for the presser.

http://abcnews.go.com/Politics/story?id=8163051&page=1

[SoCalDem]

1. Perhaps a polygraph is in order?

He said v he said will not end well for anyone:(

[Orsino]

31. Polygraphs are placebos.

They can be used to intimidate people into confessions, but there is no science supporting their ability to detect lies.

[Raschel]

33. Can't always judge a book by its cover, but Crowley just LOOKs like a dink.

[elleng]

2. I don't want to hear any more about this!

Defamation??? What the hell did the Prof say that would rise to that level? NOTHING, I bet!

[brendan120678]

8. Has the Professor publicly stated that...

Crowley is a racist? I haven't been following the story super-closely, so I am not sure.

That may classify as "defamation" to a private citizen. However, since Crowley is a cop, he probably falls under the Times v. Sullivan definition of a "public official." Therefore, it is tougher to prove his case.

[elleng]

10. Don't know if that's Tv S 'defamation.'

Kind of doubt it. Don't know what Prof. G. has said about the guy.

[dgibby]

17. Yes, and he called him a rogue cop in an interview on tv.

I believe the interview was on CNN, but will look for the link.

[EFerrari]

29. It was on CNN. n/t

[quiller4]

45. You are right. Law enforcement officers do fall under Times v Sullivan

[merh]

3. Go for it - boy would I love to be Gates' attorney

Not only does the cop do a piss poor job of being a cop, he doesn't appreciate the 1st amendment.

Someone needs to tell him to research the case law. It is not in his favor.

[WeDidIt]

4. Gates needs to get out in front of this and sue Crowley and Cambridge immediately

Seriously, Crowley exploring the possibility of a lawsuit means Gates must file a suit against Crowley and the city of Cambridge. Cambridge will settle and that will shut down Crowley's suit.

[marmar]

5. This cop is clearly no rocket scientist.

:dunce:

[alsame]

6. Can Gates sue for false arrest? nt

[WeDidIt]

7. Absolutely. Mos of the time these cases never go for the plaintiff, though.

In this case, it's so high profile it's likely Cambridge would settle out of court and that would devestate any possibility of Crowley's suit proceeding because Cambridge would pressure Crowley to drop the suit so they can keep the case out of court.

[merh]

11. Rule 11 Sanctions, dismissal of claim and award of attorney fees to Gates

because the lawsuit would be a frivolous lawsuit, not supported by Massachusetts law.

Oh, and the fact that Crowley is a trainer at Lowell Police Academy on how to avoid racial profiling, his behavior would be subject to a greater scrutiny.

Commonwealth v. Mulvey
57 Mass. App. Ct. 579 (March 14, 2003)

Police presence in and of itself does not by itself turn an otherwise purely private outburst into disorderly conduct.

The defendant was charged with disorderly conduct for yelling and pacing on private property that was set back from the road in a secluded area. There was no one around at the time except police officers. While the statute requires that the disturbance be such that it had or was likely to have an impact upon people in an area accessible to the public, the presence of police officers alone will not suffice to prove the public element.

In reaching its decision, the Court noted that the rationale behind criminalizing disorderly conduct rests on the belief that a disorderly person can provoke violence in others. Given that an inherent part of police work involves being in the presence of distraught individuals, and given that police officers are trained to maintain order, the Court concluded that police should be the least likely to be provoked. Therefore, police presence alone does not satisfy the public element.

http://www.mass.gov/?pageID=dmdaterminal&L=5&L0=Home&L1=Court+Decisions&L2=Court+Decisions+by+Topic&L3=Crimes&L4=Disorderly+Conduct&sid=Dmdaa&b=terminalcontent&f=courts_mulvey&csid=Dmdaa

Our hard-working law enforcement officers surely deserve better treatment from members of the public. But disgraceful as Duran's behavior may have been, it was not illegal; criticism of the police is not a crime. Houston v. Hill, 482 U.S. 451, 461-63, 107 S.Ct. 2502, 2509-10, 96 L.Ed.2d 398 (1987).

-snip-

"he First Amendment protects a significant amount of verbal criticism and challenge directed at police officers." Hill, 482 U.S. at 461, 107 S.Ct. at 2509. The freedom of individuals to oppose or challenge police action verbally without thereby risking arrest is one important characteristic by which we distinguish ourselves from a police state. Id. at 462-63, 107 S.Ct. at 2510. Thus, while police, no less than anyone else, may resent having obscene words and gestures directed at them, they may not exercise the awesome power at their disposal to punish individuals for conduct that is not merely lawful, but protected by the First Amendment.
17

Inarticulate and crude as Duran's conduct may have been, it represented an expression of disapproval toward a police officer with whom he had just had a run-in. As such, it fell squarely within the protective umbrella of the First Amendment and any action to punish or deter such speech--such as stopping or hassling the speaker--is categorically prohibited by the Constitution. Aguilar admits that he stopped Duran because he made an obscene gesture and yelled profanities toward him. Aguilar Depo. at 85-86. Because Aguilar might have detained Duran in retaliation for engaging in this protected speech and conduct, summary judgment in favor of Aguilar would have been inappropriate. At the same time, because Aguilar claims that he had no retaliatory motive--that he honestly believed Duran's actions indicated that criminal activity might be afoot--the district court's grant of summary judgment in favor of Duran on this issue was also error. There remains a material issue of fact, therefore, whether Aguilar intended to hassle Duran as punishment for exercising his First Amendment rights. To the extent the trier of fact determines that officer Aguilar stopped Duran in retaliation for Duran's method of expressing his opinion, this would constitute a separate constitutional violation that could form the basis of liability under section 1983.

http://altlaw.org/v1/cases/446391

[EFerrari]

24. I noticed yesterday that freeper cop's apparatus yesterday

had several talking points and one was to keep race out of the discussion. His union rep said it and some Congressman who probably "belongs" to the union did, too. Makes me wonder if there's something there in his record or maybe in the way he conducted those classes or what.

[merh]

35. The cop is an idiot and so is his union rep.

As the Massachusetts Supreme Court opined, in situations like this Crowley should have been the least likely to be provoked because he is supposed to be trained (and is a trainer) on how to maintain order and how to deal with distraught individuals.

Given that an inherent part of police work involves being in the presence of distraught individuals, and given that police officers are trained to maintain order, the Court concluded that police should be the least likely to be provoked.

[Raschel]

32. I don't understand why they have a White guy teaching how to avoid profiling.

[merh]

34. I suppose it is because he tried to save a black basketball player several years

back by giving him mouth-to-mouth.

He comes off rational in his interviews, I would bet that his ego was bruised when Gates accused him of racial profiling and that just set things in motion. Gates was pissed his front door was screwed up and that he had to try to break in that door. He was frustrated to begin with and then to know that lunch time on some regular day his busy body neighbor called the cops because he and his black friend were trying to get in the house.

Gates was entitled to be angry and it was his constitutional right to be mouthy, freedom of speech lets him say a whole lot, especially in his house. Crowley was trained, he should have been the one that wasn't emotional and that acted professionally and then went on his way once Gates provided identification.

[Raschel]

39. He'd be a good choice for training on racial profiling because he gave a Black man mouth- to-mouth?

[merh]

52. He didn't see a black man, he saw a man that needed help.

And it was a pretty big story at the time.

Nearly 16 years ago, as a Brandeis University police officer, Crowley desperately tried to save the life of Reggie Lewis after the Boston Celtics star collapsed while practicing in the school gym.

Lewis' wife has already been contacted. She doesn't believe that Crowley is a racist and she hopes this ends peacefully.

[EFerrari]

42. Gates also had just come off a really long trip back from China

So he didn't go into the encounter fresh, either. Plus, he was sick.

I think I found a ride - along story from 1996 where Crowley is one of three cops. The thing is, the story is about the Harvard police, not Cambridge. So, maybe Crowley may have worked over there at that time:

A Night in the Life of Harvard Police Officers
News Feature
Published On Saturday, November 09, 1996 12:00 AM
By COURTNEY A. COURSEY

With sirens blaring and blue lights flashing, a Harvard police cruiser speeds down Mount Auburn St. at 1:30 a.m. and comes to a screeching halt just outside Leverett House.

Officer Jim Crowley hops out of the car. He discovers another car with its passenger window shattered. He glances around cautiously.

No suspect is in sight.

And so it goes. Another night on the job for the bullet-proof-vest-clad officer.


http://www.thecrimson.com/article.aspx?ref=104734

[merh]

50. That reads as if it is the same Crowley.

Add insult to embarrassment. Crowley, the race relations officer, is accused by the Harvard professor that he is racial profiling and Crowley, the Harvard expert on the force (cause he used to work for them) didn't know this professor that was there when he worked there.

Oh, bring on the suit. It would be fun to show this guys true emotions and what was behind the arrest.

[EFerrari]

53. I've since found out it is the same guy. Someone at the whin-o-rama

today mentioned that she'd worked with him when he was at Harvard.

I think I read that this guy has three other male family members who are some kind of cop so he's deep into the culture.

[merh]

56. His having knowledge of Harvard and his failure to contact Harvard U

police or have his dispatch contact them to meet him on the scene is just another one of his failures. And I bet you what really had him bothered is he couldn't place this guy as a Harvard professor - he thought he knew them all and was probably considered one of the "go to" guys on the force when it came to thinks Harvard Univ. Police related.

Yup, I'd say his ego didn't take well to the bruising Gates was giving him.

[alsame]

23. That's what I was thinking - if Gates sued, Crowley would

probably drop his suit.

[MrsBrady]

9. man, what an ego problem... I believed Gates before...but now I REALLY believe Gates

How dare a black man speak out. :sarcasm:

[merh]

12. The one thing that made it obvious that Gates was justified in his anger

was that even after he gave Crowley his Harvard ID, Crowley didn't just apologize and leave, he called the Harvard Univ cops. What a black man cannot be a professor? Why did he call them?

And cops carry business cards, he could have easily handed him his business card when Gates asked for his name and badge number.

[MrsBrady]

16. Gates has said

that he even showed his Harvard ID...so there you go.

I always get a card from a Cop, they never say no.

[merh]

18. Oh, the cop puts in his report that he was provided Gates' Harvard

ID card and that is when he called the Harvard University cops.

Why did he call them? Did he not believe that Gates was a professor there?

It makes no sense that he called them.

As soon as he had the identification the cop should have apologized for any inconvenience, given Gates his card and told him how to get a copy of the incident report and then he should have left.

[Solomon]

43. i think he called the Harvard cops because that is standard

procedure when you're dealing with something involving the campus.

It would be stupid to sue Gates. Gates hasn't said anything about suing yet. If Crowley sues, then Gates has no choice but to counter-sue.

I would just shut up and hope it goes away but the nutjobs are egging this guy on. He lost his head once already and sounds like he's about to do it again.

[merh]

48. That call should have gone out before he arrived on the scene.

I'd say he called the Harvard University Police because he wanted them to confirm he was who his ID said he was.

He realized that Gates was on the phone with the PD and decided he needed to back out of the situation he had failed to control and he realized he needed to make an arrest to cover his ass.

[quiller4]

46. It makes sense because the Cambridge Officer now knew

he had no jurisdiction. He was on campus property and the agreement between Cambridge PD and the university gives the authority to the campus police, not the municipal pd.

[merh]

49. Cambridge Officer should have known he had no jurisidiction before

he arrived on the scene and the Harvard University Police should have been called or he should have asked that dispatch have them meet him on the scene.

Sorry, the world of internet access and computers makes it impossible to claim he didn't know it was Harvard jurisdiction until after Gates provided ID.

And what jurisdiction did Harvard need, there was no crime, no break-in.

And Harvard didn't make the arrest, now did they.

Your jurisdiction argument is as faulty as the arrest.

[MzNov]

37. I think Officer Crowley needs to attend his own race profiling classes. nt

[WeDidIt]

27. I was giving im the Cop the benefit of the doubt

but after this crap and the pointed way he just had to say he didn't vote for Obama, fuck Jim the Cop.

[slampoet]

13. Do you need any other proof that this Officer has No PEOPLE SKILLS?

This Person has an attitude problem.

Especially if he is talking out his ass about taking on a person who has access to the ENTIRE HARVARD LAW SCHOOL.


This dumb cop just CAN'T back down can he?

[tblue37]

54. "This dumb cop just CAN'T back down can he?"

you said it!

He arrested Gates because he had to have the last word and teach him a lesson about who was really boss.

And this threat is the same thing.

Just as the charges were bound to be dropped, this lawsuit is bound to fizzle.

He needs to learn to STFU.

[Hepburn]

14. Sue me, Crowley....

...NOW HEAR THIS: You are a fucking asshole.

:hi:

PS: Truth is an absolute defense.

[merh]

15. lol

*wipingcoffeeoffofmonitor*

You are absolutely correct.

Crowley needs to go check out the 1st and 4th amendments.

[northernlights]

19. any questions I may have had about who was at fault

have just been answered. Can we attribute this to "the Obama effect?"

Prez spoke out, Prez spoke some more. One day later, fool shoots himself in foot.

I haven't read a single article about this...just the headlines and glanced at a couple threads.

I was just waiting to see the fallout. What an arse of a cop.

[BlooInBloo]

20. Do it you worthless fucking piece of shit cop - PLEASE!

[BurtWorm]

21. What a professional this guy is!

:eyes:

Maybe Professor Gates is going to teach asshole cops how to keep from letting their poor little feelings influence when they do and don't make arrests.

[graywarrior]

22. Maybe he could demand the birth certificate as part of his case

[EFerrari]

25. Do we know if this guy is a freeper? I thought I read that

but maybe that was the last ignorant loudmouth right wing attention whore.

[graywarrior]

26. Don't know.

But the underlining racism in this country is putrid and I think that's what this is all about.

[EFerrari]

28. And this guy seems to be a real piece of work.

And there'll be more on him. He didn't grow this sense of entitlement over the week endl.

[dgibby]

30. Here are both sides of the story:

http://www.thebostonchannel.com/download/2009/0720/20120754.pdf

http://www.oliverwillis.com/2009/07/21/henry-louis-gates-statement-on-his-arrest-by-cambridge-pd/

http://www.dailykos.com/story/2009/7/22/213137/342

[merh]

36. Sorry, there are no "both sides"

Crowley's report supports Gates side.

Gates did give Crowley proof of his identity. Yes, at first he refused, but he did provide it as Crowley's report reflects.

It doesn't matter how angry and upset Gates' was, Crowley is supposed to be the trained professional (and a trainer) in how to maintain order and an inherent part of police work involves being in the presence of distraught individuals. Crowley should have been the least likely to be to be provoked in the situation. Crowley writes in his report that he identified himself to Gates twice and the third time he refused. Gates never provided ID and/or his business card (cops use those to let the citizens know how to contact them or how to get a copy of the incident report).

Freedom of speech in one's home is a given, it is precious. Crowley didn't charge Gates with threatening him so he can't use that as some excuse.

I say, bring it on Crowley, try to sue Gates and see how far you get.

[MajorChode]

44. Crowley's report does not support Gates' side

Gates claims he provided his ID to the officer when first requested and that contradicts the reports of at least two police officers.

Gates claims he never yelled, yet that contradicts the reports of at least two police officers.

There's not really much that is common between the two sides, other than Gates was indeed arrested.

[merh]

47. Nope, Crowley reports, Gates provided identification and Crowley

knew he was in his house. Sure, Crowley writes that he intially refused, but how did he intially refuse. Did he say "uhm, this is my house, why do I have to show you my ID?" Did the cop then explain "we have a complaint about a break in and I need to be sure you belong here" and then Gates gave him the ID. That is not "refusal to obey". That is not consistent with the claim that Gates didn't want to give an ID.

Read the report, it does back up what Gates has claimed. It was Crowley not being cooperative. Gates was on the phone with the PD and wanted to give them Crowley's name, sure Crowley said he gave it to him twice but he further admits he refused the 3rd time. Crowley admits he told Gates that if he wanted to know more he'd have to come out on the porch. Gates never provided Gates a business card with his name and badge number (as is standard these days).

So yeah, I say that Crowley's reports backs up Gates.

[HughMoran]

38. Idiot fuck should quit while he's ahead

moran

[Jennicut]

40. What a jerk. As if he did not do enough damage.

[City Lights]

41. That's rich.

You arrest a man in his own residence and you're thinking about suing him for defamation of character?

Jim the Cop is the new corporate media star. I guess Sammy Joe the plumber's 15 minutes really are up now.

I have no intention of watching this asshole's press conference.

[whistler162]

51. So the report on the audio tapes of the confrontation

maybe valid!

[EFerrari]

55. How could they be? Crowley said the acoustics inside the house were so bad,

that's why he asked Gates to go outside.

So, if the tapes are good, that means Crowley is lying.