Posted by Shalin Thomas.

The article that caught my attention and that I will be discussing is titled, “Companies Face Lawsuits Over Website Accessibility For Blind Users” by Sara Randazzo. Various world famous companies are being sued for not having accessibility on their websites for disabled users, specifically the blind. This means that website does not have a speaking feature which allows the customer to hear correctly what they are purchasing. Some of the companies that are facing these lawsuits include Toys “R” US, Burger King, and Anthropologie. Over 240 business like these are facing lawsuits and many of them are settling for between $10,000 and $75,000.  The American Disabilities Act constrains the prejudice against all persons with disabilities and this issue violates that precedent.

Although this is an issue because it takes away the opportunity for the disabled to lead regular lives with outside hassle, these lawsuits are said to only be “a legal-fee shakedown and don’t improve accessibility”, as quoted from the article. The lawyers that take on these cases are ones that are ones that are trying to find “the next great cause of action”. Juan Carlos Gil, a legal blind resident of Miami, has sued over 30 businesses because their websites are not accessible to the disable. In one instance, he ordered racing wheels for his wheelchair online, and it was the wrong item because the website dictated it wrong. He along with his lawyer just want to make sure that no one is excluded from being able to surf the web.

Carlson Lynch is a partner of the law firm that brings to court many of these lawsuits. He has been sending letters to several companies before looking toward solutions for these issues. These lawsuits are given to judges who, most of the time, send them to mediation which results in the settling of the issue in private. The companies have a period of time where they can resolve the issues brought upon them. These suits are said to extend to mobile device applications as well.

Shalin is an accounting major at the Stillman School of Business, Seton Hall University, Class of 2019.

Source:

http://www.wsj.com/articles/companies-face-lawsuits-over-website-accessibility-for-blind-users-1478005201

Posted by Tiffany Zapata.

Wells Fargo is the most recent bank to get caught in the act of predatory lending. The bank was accused in court filings of targeting minorities, such as black and Latino borrowers, for more costly home loans in comparison to whites. The acts took place in Cook County, Illinois, with a population of about 5 million. The case was filed in Chicago federal court.

The bank’s strategies encompassed home-loan origination, refinancing, and foreclosure. Their main concentration was equity stripping. Equity stripping is asset based lending which maximizes lender profit and makes it nearly impossible for the borrower to pay it off due to onerous loan terms. Before getting caught, the bank got away with 26,000 loans. The court order called for 300 million dollars in money damages.

Tom Goyda, a spokesman for the San Francisco-based Wells Fargo stated: “It’s disappointing they chose to pursue a lawsuit against Wells Fargo rather than collaborate together to help borrowers and home owners in the county,’’ Goyda said. “We stand behind our record as a fair and responsible lender.”

Wells Fargo is also currently involved in a lawsuit with the federal government due to its mortgage lending. This is not the first time courts have seen these sorts of acts from banks. Miami and Los Angeles filed similar suits alleging banks were “red-lining” minorities to block loans and for not informing investors on the status of the mortgages that were sold.

Wells Fargo ended up wining the lawsuit brought by the City of Miami in July. The City claimed Wells Fargo sold predatory mortgages in neighborhoods immersed with minorities before the “housing bubble burst.” The judge decided the City was not qualified to file these claims under the Fair Housing Act. The decision is being appealed.

Tiffany is a business administration major with a concentration in international business at Montclair State Univsersity, Class of 2016.

Posted by Mario Damasceno.

In mid-February of 2015, federal prosecutors investigated United Airlines and its close relation with then chairman of the Port Authority of New York and New Jersey, David Samson. The investigation arose shortly after Samson’s resignation, resulting from emails released that showed aids to Governor Chris Christie had intentionally organized lane closures on the George Washington Bridge. This is particularly significant because during his time in office, Samson would spend his weekends in Aiken, SC, which was located 50 miles from the Columbia, South Carolina airport, however, United never initially offered that route from its New Jersey hub.

The New Jersey paper known as the Record reported, “Federal aviation records show that during the 19 months United offered the non-stop service, the 50-seat planes that flew the route were, on average, only about half full,” and “was reportedly money-losing,” (The Economist). This, in turn, lead to the route being named, “The Chairman’s Flight.” The route itself “left United Airlines’ Newark hub each Thursday night bound for Columbia, S.C. On Monday mornings, United Express flew back to Newark,” (Bloomberg Business). Furthermore, federal prosecutors argued that, not by coincidence, “United cancelled the flight on April 1st, 2014—just three days after Mr. Samson resigned from the Port Authority” (The Economist).

The entire situation is worth looking into, and in fact, the Port Authority along with United Airlines have been issued subpoenas examining the communication between David Samson and the airline. Mary Schiavo, a former federal prosecutor and Department of Transportation inspector general stated, “If United realized they were offering this flight to curry favor with a public official, then United’s in the soup—it’s a bribe,” (Bloomberg).

Mario is a management major at the Stillman School of Business, Seton Hall University, Class of 2019.

Bachman, Justin. “Did United Put a Whole Route in the Sky for One Very Important Passenger?” Bloomberg Business. N.p., 25 Feb. 2015. Web. 27 Oct. 2015. .

Gulliver. “The Chairman’s Flight.” The Economist. N.p., 10 Feb. 2015. Web. 27 Oct. 2015. .

“United Airlines: The Chairman’s Flight.” Reinventing the Company 12 Sept. 2015: n. pag. Web. 27 Oct. 2015. .

Posted by Ismail Surakat.

This is a case between Southern District of Georgia and Vania Lee Allen, a native of Jamaica, who committed a fraud and falsely impersonating a United Sates FBI special agent in connection with an international lottery fraud arrangement based in Jamaica. According to the indictment, 30-year-old Vania Lee Allen was charged for conspiracy to commit wire fraud and also, impersonating United States employee. Allen and her co-conspirator from Jamaica illegitimately enriched themselves through fraudulent lottery plan, targeting elderly residents of Evans, Georgia.

According to this case, Allen traveled from Jamaica to United States in May 2015 and presented herself as an FBI special agent in order to convince her victim. Though, before getting to this stage, Allen had made some movement such as informing the victim by phone that they had won money in a lottery game and instructed them to make some certain payments to her co-conspirator in Jamaica for them to collect their lump sum winnings. She also discussed with a co-conspirator in Jamaica on how to impersonate an FBI using a fake law enforcement badge with the “FBI” logo and the words, “Federal Bureau of Investigation.” Upon arrival at the victim’s place, Allen presented as an FBI special agent and asked the victim to speak on-line with her co-conspirator in Jamaica. All of this was made to look real; no doubt elderly citizens can fall victim to this type of  fraudulent act.

The case was investigated by the U.S. Postal Inspection Service and the Columbia County Georgia Sherriff’s Office, and is being prosecuted as well by Trial Attorney Clint Narver of the Civil Division’s Consumer Protection Branch and Assistant U.S.  Attorney Troy Clark of the Southern District of Georgia.

If Allen is eventually convicted, she faces up to 20 years in prison for the wire fraud, five years for the conspiracy count, as well as, up to three years for the false impersonation count.

Ismail Surakat is a pre business major at Seton Hall University, Class of 2019.

Posted by Katie Kontos.

Years ago a YouTube video (https://www.youtube.com/watch?v=Z7dLU6fk9QY) entitled Look Up went viral that urged the public to put down their phones and other technology to pay attention to the world around them. The most moving line says, “So look up from your phone, shut down the display take in your surroundings make the most of today.”

Well DeToya Moody, a 30 year old woman from Georgia, has proved in her court case against Allison Escott that it is possible to benefit from keeping your phone in front of your face. Moody claims that she never saw the orange ladder of a bucket truck prior to smacking her head on it one sunny afternoon. The ladder had been raised across a public sidewalk and surrounded by orange cones the first three times Moody passed it. Seeming to be a completely safe path to walk, the woman made it from her car to the store, back to her car, and then to the ATM without a problem. However, upon walking back to her car from the ATM, Moody, staring intently at her cell phone, did not see that the worker operating the truck had lowered the ladder and proceeded to walk directly into it. The physician who examined her after the incident diagnosed her with a mild head concussion, post-traumatic headaches, and an indentation on her head from the contact.

Moody and her lawyer attempted to settle out of court with the company owner of the truck and the worker operating the truck during the accident, but with the company offering to settle for $5,000 after being asked $75,000, it went to trial. So, after going to court the DeKalb County jury determined that Moody would be awarded $161,000. This is a great example of why many cases are settled by mediation or arbitration, because there is no way of knowing what a jury will decide when a suit is brought to court. The award could have been $175,000 but the jury deemed that the accident was eight percent Moody’s fault so they gave her 92% of the award.

Again, this is a perfect example of why most cases never go to trial. In court, Moody’s lawyer only asked the jury for $155,000 but they decided that the compensatory damages should be more than that.

After the trial “Robert Finlayson II of Mozley, Finlayson & Loggins, who defended the company that was using the truck said via email that he would contest the verdict.‘We were disappointed with the verdict, and we do plan to challenge it at the trial level and on appeal,’ said Finlayson, who described the case as well tried on both sides.”

I think that the monetary value awarded to Moody should, as it did, cover any medical expenses, but the plaintiff was right when he noted that the defense against Moody, that she wasn’t paying attention, was “the common sense argument,” and therefore, awarding her $161,000 is outrageous. This woman was clearly not paying attention and there is video evidence “showing the woman engrossed in her cellphone as she struck the ladder and collapsed onto the concrete.”

All in all, this trial just goes to prove that you never know what will happen when you take a case to court, and while it probably rarely works out this way, sometimes having your eyes glued to your phone helps you win $161,000.

Katie is a social and behavioral science major, minor in business and psychology, at Seton Hall University, Class of 2019.

Posted by France Jennica Osmann.

As the holidays are approaching, Cyber Monday is the main day of the year where families are out for great deals for Christmas shopping online. A recent article in the San Jose Mercury News stated:

Cyber Monday is not the only day to find good deals online during the holiday season. If you miss an online special, don’t sweat: Chances are that you’ll be able to get a reasonable deal later in the holiday season or even after Christmas. Be aware of sales tax and any other fees. Depending on whether the merchant has an in-state ‘presence,’ it may or may not add sales tax — Amazon does, along with all merchants that have brick-and-mortar stores in California. California residents are supposed to declare any tax-free online purchases on their state tax returns and pay the sales tax, though I’m not sure how many people actually comply with that law.

For those who decided that they would shop on Cyber Monday, they should also be cautious of scams throughout the holidays. And don’t forget to protect yourself when shopping offline. “Credit card scams and hacks are on the rise so, again, check your recent activity frequently during the holiday season report any suspicious activity.”  The author of the article stated, “I was reminded of this the other day when my bank called to tell me that my Visa card was used to buy gas and groceries in Georgia. I haven’t been to Georgia since I got that card, so it probably resulted from a merchant being hacked.”

Finally, as you try to minimize the risk of online shopping scams, don’t forget that all shopping has risks. Personally, I’m just as worried about pickpockets in malls and fender benders in parking lots as I am about online scams.

France is a business management major at Montclair State University, Class of 2017.

The Second Circuit upheld Tom Brady’s suspension for the first four games of the new season and overturned the district court’s ruling.  The court ruled the arbitrator’s award was valid and should not be disturbed.

Judge Parker, writing for the majority, stated, “Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all. Nor is it our role to second-guess the arbitrator’s procedural rulings.”  He continued, “Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act.”

Courts are loathe to upend an arbitrator’s decision, unless for example, there was some type of fraud or corruption on the part of the arbitrator. The parties agree by contract to arbitration in lieu of bringing their case to court.

Brady can appeal to the entire Second Circuit (en banc) and to the United States Supreme Court, however, his chances either take the case are slim.

The opinion can be found here: http://www.ca2.uscourts.gov/decisions/isysquery/98c62698-d29a-4b91-98a0-5a5af0c19e88/1/doc/15-2801_complete_opn.pdf

Posted by Kyle Chapman.

On January 18, 2015, the New England Patriots played the Indianapolis Colts in the AFC Championship. The Patriots would go on to win the game, but a massive legal controversy would follow in the aftermath of the game. Reports arose after the game that the Patriots had used footballs inflated below regulation towards their advantage during the game. Using footballs against regulation is a very consequential action and the National Football League was not happy with the reports one bit. A massive investigation and legal battle between the Patriots and the NFL would ensue.

A few days later, the NFL assigned Manhattan attorney, Ted Wells, to get to the bottom of the situation. The case was receiving heavy media coverage and had the Patriots’ public image in hot water. Nobody from the organization admitted to being aware of the apparent cheating and denied any involvement. The investigation was completed on May 6, 2015 with a 243 page investigative report known as “The Wells Report.”

The Wells Report appeared to have the Patriots caught red-handed. A very important aspect of the report came from scientific analysis provided by Exponent, which claimed that no set of environmental or physical factors could’ve accounted for the air loss shown in the balls. This meant that the air loss were the actions of people, and accused locker-room attendant Jim McNally and equipment assistant John Jastremski as the culprits. There were several text messages between that reference inflation, deflation, and needles. The texts suggest that Patriots quarterback, Tom Brady, was aware of their actions, but the coaching staff was unaware. The investigation concluded that it was “more probable than not,” that the Patriots equipment personnel had broken the rules.

The NFL decided to suspend Tom Brady for four games and give the Patriots a $1 million fine while stripping them of draft picks. Brady pursued an appeal on his suspension and began a long legal battle with the NFL. He felt falsely accused and very harshly punished. After a long battle, on September 3, 2015, a settlement was reached and the suspension was taken away, with a claim that Brady had a lack of fair due process.

I think the situation could’ve been handled much better than it was. For starters, the media had completely scrutinized the scandal and blew it out of proportion. I think it pinned Brady and the Patriots in guilty before proven innocent image, even though there wasn’t much evidence at all that showed their involvement in the scandal. There were also leaks of false evidence early on that made the Patriots appear guilty.

The NFL has been in hot water lately with legal situations and I think this whole case hurt their image.

Kyle is a management major at the Stillman School of Business, Seton Hall University, Class of 2019.

Posted by Tiffany Zapata.

Wells Fargo is the most recent bank to get caught in the act of predatory lending. The bank was accused in court filings of targeting minorities, such as black and Latino borrowers, for more costly home loans in comparison to whites. The acts took place in Cook County, Illinois, with a population of about 5 million. The case was filed in Chicago federal court.

The bank’s strategies encompassed home-loan origination, refinancing, and foreclosure. Their main concentration was equity stripping. Equity stripping is asset based lending which maximizes lender profit and makes it nearly impossible for the borrower to pay it off due to onerous loan terms. Before getting caught, the bank got away with 26,000 loans. The court order called for 300 million dollars in money damages.

Tom Goyda, a spokesman for the San Francisco-based Wells Fargo stated: “It’s disappointing they chose to pursue a lawsuit against Wells Fargo rather than collaborate together to help borrowers and home owners in the county,’’ Goyda said. “We stand behind our record as a fair and responsible lender.”

Wells Fargo is also currently involved in a lawsuit with the federal government due to its mortgage lending. This is not the first time courts have seen these sorts of acts from banks. Miami and Los Angeles filed similar suits alleging banks were “red-lining” minorities to block loans and for not informing investors on the status of the mortgages that were sold.

Wells Fargo ended up wining the lawsuit brought by the City of Miami in July. The City claimed Wells Fargo sold predatory mortgages in neighborhoods immersed with minorities before the “housing bubble burst.” The judge decided the City was not qualified to file these claims under the Fair Housing Act. The decision is being appealed.

Tiffany is a business administration major with a concentration in international business at Montclair State Univsersity, Class of 2016.

Posted by Kevin Pereira.

Volkswagen has recently admitted to the fact that many of the diesel automobiles they were being sold were cheating the air emission standards. This was made possible by an intelligent computer module that sensed when the automobile was being tested. It would then activate the equipment necessary to pass the emission test. However, after the test was complete, the automobile would disable this equipment, which would enhance the driving experience as well as gasoline mileage. The problem here is this deception has allowed automobiles to pollute the air with deadly chemicals, which result in respiratory diseases and global warming. This is an example of short-term profit maximization versus long-term profit maximization.

Stemming from this lawsuit that Volkswagen is facing, lawyers are having a difficult time figuring out where the case will take place and which lawyer will receive the most compensation. Being that Volkswagen practically sells vehicles all over the country, the courts have jurisdiction in all the states in which Volkswagen sells and advertises. In addition to this large suit, Volkswagen is facing “350 lawsuits” (Meier) by consumers who have recently purchased these rigged vehicles. Many of these consumers are demanding that Volkswagen compensate them for the full price of the vehicle as well as the depreciation value. With so much money at stake in this lawsuit, the concentration has moved from the concern of the plaintiff to the notion of which lawyer can make the biggest portion of money.

Meier states, “legal scholars . . . are concerned that lawyers, who get paid when a case is resolved, may be open to settlement terms that might favor them more than some clients” (Meier). In other words, lawyers will be urged to have a bias going into the case simply so they can be awarded a larger portion of money. As a result, the plaintiffs who purchased the rigged vehicles will not receive the outcome and compensation they ultimately deserve.

Kevin is a marketing major at the Stillman School of Business, Seton Hall University, Class of 2018.

Posted by Kevin Pereira.

This past Thursday, the F.B.I. arrested Benjamin Wey at his home located in Manhattan. He was charged for “securities fraud, wire fraud, conspiracy and money laundering in an eight-count indictment unsealed in a federal court in Manhattan.” In addition, Mr. Wey had already been arrested for sexual harassment a couple months prior to this incident. Mr. Wey was making Chinese companies public in the United States using a process known as a reverse merger. To explain, a reverse merger is a way for private companies to go public by buying the “shell” of a public American company.

Mr. Wey fulfilled this fraud by involving his family members and close friends. He portrayed the Chinese companies he was taking public to be mature and prosperous so that inventors were fooled into thinking that they were successful corporations in the NASDAQ stock market. Therefore, many clueless investors were investing into these masked corporations, which were being upheld by his family members. In addition, Mr. Wey’s banker, Seref Dogan Erbek, was helping falsify the “sales, volume, demand and price of the shares of the companies they took public.” The SEC in a civil complaint charged Mr. Erbek, Mr. Wey’s wife, his sister, and two lawyers as being part of the fraudulent matter.

Mr. Wey was inflating the prices of the shares by trading them between his family and friends. By doing this, the sudden increase in price attracted many eager investors. Once Mr. Wey had an audience, he would sell the inflated shares and generate millions of dollars. The money he was making would be sent to bank accounts offshore in Japan and Switzerland. Mr. Wey’s family members would then transfer the money back into the United States, stating it was a gift.

Kevin is a marketing major at Seton Hall University, Stillman School of Business, Class of 2018.

Hacking into computer systems is nothing new, and government and businesses alike have always been aware that they must be one step ahead of computer criminals. But the attack on Sony Pictures Entertainment was more than that. It was a shot across the bow in what appears to be a potentially rampant future form of warfare. As a result, every cyber attack on government or business systems must now be carefully examined to see whether it is either criminal or an act of war.

In the face of evidence from the FBI that North Korea was responsible for the Sony attack, senior Republican senators disagree with the administration that it was only a form of “cybervandalism.” Sen. McCain stated this attack “is a new form of warfare, and we have to counter that form of warfare with a better form of warfare.” Sen. Lindsey Graham called “the cyberhacking ‘an act of terrorism’ and suggested re-imposing sanctions on North Korea and adding the country to the terrorism list.” In 2001, President George W. Bush called North Korea part of the “Axis of Evil,” along with Iran and Iraq.

The FBI concluded the attack on Sony was evidenced by IP addresses directly linked to North Korea. This attack was similar to those that occurred last year against South Korean banks and media outlets. The FBI stated:

We are deeply concerned about the destructive nature of this attack on a private sector entity and the ordinary citizens who worked there. . . . Further, North Korea’s attack on SPE reaffirms that cyber threats pose one of the gravest national security dangers to the United States. Though the FBI has seen a wide variety and increasing number of cyber intrusions, the destructive nature of this attack, coupled with its coercive nature, sets it apart.

North Korea’s actions were intended to inflict significant harm on a U.S. business and suppress the right of American citizens to express themselves. Such acts of intimidation fall outside the bounds of acceptable state behavior.

There will most likely be more cooperation between business and government in sharing information and technology. Only together can this new threat to our national security and economy be defeated.

The Ninth Circuit affirmed a ruling against Gotham Garage, a maker of replica automobiles from movies and television shows. Gotham Garage sells a “Batmobile,” which looks like the original. DC Comics claims it owns a copyright in the Batmobile and the design is protected intellectual property. The Ninth Circuit ruled the Batmobile’s appearance and other distinct attributes make it a “character” that cannot be duplicated without permission from its owner. “As Batman so sagely told Robin, ‘In our well-ordered society, protection of private property is essential,’” 9th Circuit Judge Sandra Ikuta, writing for a unanimous three judge panel stated in her opinion.

Larry Zerner, an attorney for defendant, said he was disappointed in the ruling. He argues the law states that automobile designs are not subject to copyright. “My client just sells cars,” Zerner said. “The car is not a character. The car is a car.”

The replica automobiles sell for $90,000 each.

Research project posted by Rafael Gabrieli.

Eminent Domain

Part I:

Eminent domain is the power to take private property for public use by a state or national government. There would be just compensation for the private property seized, however, many problems arise from this act. The way that eminent domain works is that it is backed by the Fifth Amendment to the US.  Constitution, which is that your state government has power over all property in the State, even private land. The land can be taken without the consent of the owner, as long as he or she is justly compensated. The purposes for which eminent domain vary, however, it has to be used for a public good somehow. This means that roads, courthouses, schools, or any other infrastructure that can benefit the public will come into place of the land that the government took using eminent domain. The state government or national government is able to use eminent domain for large-scale public works operations or even growing freeway systems.

Part II:

Pros:

In Houston, Texas, land was obtained by the use of eminent domain in order to create the Minute Maid Park baseball stadium, which has benefitted the surrounding community immensely. The baseball stadium brings millions of people each year to downtown Houston. What is amazing to see is to compare it with the Houston community before the stadium was built, which was very barren and unsocial.

The I-85 widening project in Concord, North Carolina will reshape the way inhabitants travel around Concord. The inhabitants are being justly compensated, and some are even getting 5%-10% more than the initial appraisal value. This new freeway widening will allow traffic to be lessened during rush hours, which posed a big problem for the city during the past couple of years. It is a necessary and responsible use of eminent domain.

Cons:

Private property could have sentimental value, like a house that has been in the family for generations. This is the case with the Keeler family from Claverack, New York, who lived in their house for four generations and were being forced out due to the state’s plan to expand power lines. Another problem with eminent domain is that the price that the owner feels he deserves is more than what is being offered to him. This happened to Rich Quam, owner of a house in Fargo, North Dakota since 1997. The town stated that his backyard could become structurally unstable, so the city offered him an amount to buy the property from him. Rich Quam declared it an insult however, because the amount did not reflect the years of hard work he put into renovating the house, adding a second level and a garage. A third problem is the simple desire to not want to abandon a profitable business, which almost occurred a couple years back to Perry Beaton, property co-owner of a Burger King that the city of North Kansas City was attempting to seize from him.

Part III:

In Economic Justice for All, it is stated that the common good may sometimes demand that the right to own be limited by public involvement in the planning or ownership of certain sectors of the economy, which is essentially the basis for eminent domain. Catholic support of private ownership does not mean that anyone has the right to unlimited accumulation of wealth, rather, it states that “no one is justified in keeping for his exclusive use what he does not need, when others lack necessities.” Thus being the Catholic Social Teaching stance on Eminent Domain: if it is for the public good, an individual should be more than willing to give up his property that is not essential to his well-being in order to further the development of society and his surroundings.

Works Cited

Clayton, Adam. “Family Rallies to save Farmland from Eminent Domain.” Columbia-Greene Media. N.p., n.d. Web. 10 Mar. 2016.

“Economic Justice for All.” Wall Common Good Selected Texts. N.p., n.d. Book. 10 Mar. 2016.

Lewis, David. “Eminent Domain: Still A Useful Tool Despite Its Recent Thrashing.” Planetizen. Planetizen, 5 Sept. 2006. Web. 10 Mar. 2016.

Messina, Ignazio. “City Threatens Eminent Domain.” Toledo Blade. N.p., 26 Jan. 2014. Web. 10 Mar. 2016.

Reaves, Tim. “Making Way for the Freeway: Eminent Domain Claims Homes.” Independent Tribune. Independent Tribune, 7 June 2015. Web. 10 Mar. 2016.

Ross, John. “Hands Off! North Kansas City Loses Eminent Domain Case « Watchdog.org.” Watchdogorg RSS. N.p., 23 Jan. 2014. Web. 26 Jan. 2014.

Posted by Peyton Adams.

The Fourth and Fourteenth Amendment have been overlooked by authorities many times in the past.  The Martinez vs Denver Police case is yet another time this has occurred.

The Denver police forcefully entered the Martinez house on January 27, 2009.  Instead of allowing Mr. Martinez to fully open the door to determine why the District 1 Special Crime Attack Team (SCAT) was at his door, SCAT forced their way into the house, without a warrant, after receiving information about this home being that of a drug dealer.  This Crime Team failed to realize that a new family had taken over the home since the tip was received.

The Denver police were apparently working on “stale information about the former tenants presumably being into drugs and prostitution and some bad stuff.”  The police failed to do their background checks; failed to do some investigation; failed to show any respect; and, failed to handle the situation in a proper manner.  Instead, the police asserted their power, entered the house, abused their power, and assaulted a family of a mariachi band.

The Martinez family were wrongly accused, but does the Denver police care? The Denver police instead ignored it and didn’t punish anyone on this raid.  They merely overlooked the fact that their team did not do their job.

The jury, however, came to a conclusion.  The Martinez family sued on two accounts: one, for excessive force, and two, for wrongful prosecution.  The jury did not see enough information to determine if the officers entered the house and abused their power, although there were broken windows and injuries sustained by the family.  Nonetheless, the jury found that the Martinez family was wrongfully prosecuted and awarded the Martinez family a monetary value of $1.8 million.

The officers planned on appealing the case.

Peyton is a marketing major with a minor in nonprofit studies and business law at the Stillman School of Business, Seton Hall University, Class of 2019.