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Seattle suing attorney over dash cam videos

by LINDA BRILL / KING 5 News

KING5.com

Posted on January 4, 2012 at 7:41 PM

SEATTLE -- A Seattle attorney, who asked for copies of police dash cam videos is getting sued by the city of Seattle.

 
The attorney represents some citizens who claim they were abused by Seattle Police officers.
 
Acting as a citizen, lawyer James Egan filed a public disclosure request to get 36 dash cam showing possible violations by Seattle Police.
 
Many dash cam videos have surfaced in the past, but they were leaked to the media, not released by the city.
 
The answer to Egan's request was no. And after he appealed, Wednesday he learned he has been sued by the city.
 
"I was floored that I got this lawsuit," said Egan.  "Its the city caught between a rock and a hard place."
 
The city attorney wants a court to decide.  He says the Washington privacy act says the videos can't be made public until final disposition of related litigation.
 
In other words not until the officers can no longer be sued for what they did in the video and that's three years under the statute of limitations.
 
"We will follow what the court tells us and that why were going for guidance from the court," said Seattle City Attorney Pete Holmes.
 
If a judge decides, under the privacy act the videos can't be released, the public will have to wait three years to see them.
 
"The idea that you can't get a video until three years later is self protectionism.  They don't want the public to know the skeletons in their closets," said Egan.  
 
Now, Egan is  on the defense.  He may have to hire another attorney to help him fight the city and get access to the tapes and he says it could cost him tens of thousands of dollars.

 

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Comments: Displaying 1 - 15 of 35

Witchwindy said on January 7, 2012 at 12:55 AM

Someone I barely know suggested that anytime a video of an incident in which the police are involved is withheld, or whenever some portion or all of a video of an incident in which the police are involved is "accidentally" destroyed or erased, then when the case gets to court the person in possession of the video when it was destroyed or erased (or who is withholding it) must be the one presumed to be lying, whether it was the police or the defendant withholding the video or in possession of the destroyed video at the time of said destruction. Sounds like a good rule to me.

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Livemike said on January 5, 2012 at 11:06 PM

So there's an expectation of privacy in front of a camera that is specifically there to document what happens during police encounters with the public? Did these people have their sense of shame surgically removed? Well if I ever murder a cop in front of their dashboard cams I'll be sure to ask the judge to respect my "privacy rights" that I was exercising in the middle of the street. I'm sure the police won't object, since they're so concerned about privacy.

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hiphop said on January 5, 2012 at 11:42 AM

I am with @stonetrails.............. If there is a patriot within the department, please find a way to release those tapes. Pete is only protecting dirty cops (the smeared blue line), I can't believe that the entire department is dirty.

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blacksunshine said on January 5, 2012 at 11:32 AM

Privacy? At what point are Public servants serving in public afforded "privacy"? The very nature of the job imply that the actions of one are in public view.

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invalid said on January 5, 2012 at 9:02 AM

@SHMATYOU: They're not specifically for keeping cops in line. They're intended more for collecting evidence in general. That evidence works both ways, however, and that's what the SPD is concerned about. If their officers weren't misbehaving, they'd have nothing to hide. And don't start getting on me as a "police hater". I'm not. I have good friends who are police officers. There are a lot of good cops out there. They have a tough job, and they get a bad rap a lot of the time. But there is plenty of evidence out there that there are bad cops as well, and they need to be held responsible when their actions exceed the scope of their authority and they violate the rights of the public they are sworn to protect.

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dhnrs said on January 5, 2012 at 9:00 AM

Oh gee, I bet sgt O'Neil is just all giddy

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SMHATYOU said on January 5, 2012 at 8:42 AM

What is the point of having dash cams if the contents are private?? Isn't the point to address questionable behavior? This is a travesty.

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gritz said on January 5, 2012 at 8:30 AM

I do recall a while back that the city was boosting about personal microphones and cameras carried on the officers. At the time, they were saying that these devices would give the public a sense of relief, knowing that every word and action by the officers was being recorded. Now, we are seeing that the City wants to conceal that very evidence. So basically the city is admitting that, that was just a PR ploy. There own evidence is proving what others have been saying about the SPD for years is true. To ensure that the city doesn’t get sued over their own police forces procedures they want to suppress evidence till the statue of limitations expires. They also don’t want lawyers scrolling through hours of tapes looking for misconduct and then finding the victim to pursue a civil action. - Main Point. Then I ask, is not that the reason for the recording in the first place? Shouldn’t the police force be the ones that are scouring over the tapes to ensure they are doing the right thing too?

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dakotanative said on January 5, 2012 at 8:11 AM

Ya, you run a stop sign and get beaten.. Of course talking back and the bundle of weed in the back seat had nothing to do with it. Or the three guns with filed off serial numbers. Even the cops that get out of control are provoked.

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stonetrails said on January 5, 2012 at 6:49 AM

stonetrails avatar

Wake up! This is a red herring, a ruse, a bs scam. This guy (who is a city attorney - HELLO!) is actually only helping the city to ensure the city can hide proof of it's bad cops until the cops can no longer be prosecuted. So, come on American sheeple and support the city attorney (who is going to loose this case, on purpose, and make it virtually impossible for you to get the tapes).

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tprop said on January 5, 2012 at 6:30 AM

Look at that FACE! Bet HE was surprised. Good for Seattle!

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kryptin said on January 5, 2012 at 5:27 AM

@Proudamerican oh you'll keep on saying that until you actually have to deal with the police and find out first hand they're not on your side. I know I used to say the same thing until I had to call them twice in 2010 for help after being violently attacked by my alcoholic brother. Both times it took 2-3 hours for them to even show up and then they pretty much yell at me and treat me like a sissy because I'm a guy and tell me I should knock my brother out. So basically their answer to domestic violence is more violence. They reluctantly take him to jail overnight let him out no charges for him to start his alcoholic binge again. I'm 31 years old and I've tried violence with my brother and it doesn't work if it did I wouldn't have called the police. The police would rather me escalate the situation and possibly get arrested myself for DV if a neighbor calls the cops. I now know the police are not here to help and I have to do the dirty work, thanks SPD..

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jackwong said on January 5, 2012 at 4:09 AM

@Proudamerican: LOL. I don't call them. I only call them for case #'s for insurance purposes. Other than that, I know nothing's going to happen. We Seattle-lies have been complacent for way too long... we need to start protecting ourselves.

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rocketscience said on January 5, 2012 at 12:50 AM

The preemption doctrine derives from the Supremacy Clause of the Constitution which states that the "Constitution and the laws of the United States...shall be the supreme law of the land...anything in the constitutions or laws of any State to the contrary notwithstanding." This means of course, that any federal law--even a regulation of a federal agency--trumps any conflicting state law. This means that the Federal "Freedom of Information Act" trumps the States Privacy law request. The city is just playing bully and is going to waste a ton of tax payers money.

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equilizer said on January 4, 2012 at 11:40 PM

NO ONE IS ABOVE THE LAW SLAPPY!..........

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intrepid1 said on January 4, 2012 at 11:13 PM

Seriously? These dash cam videos are protected by a privacy law? Really? A record of a public officer on duty? Wouldn't they constitute a public record and subject to public record disclosure laws? This is idiotic. I would hazard to guess that if you, a driver, had a camera on your car that recorded everything, it would be subject to no such privacy rights.

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slappywag said on January 4, 2012 at 11:04 PM

@Proudamerican are you serious? You think that police are above the law? I have ZERO TOLERANCE for police overstepping their bounds. You ask why? My brother and sister were brutally beaten by dirty cops in the late 70's when they did NOTHING WRONG. The cops were out looking for someone to beat up, and falsely accused my sister of Hollywooding a stop sign. If there had been dashboard cameras back then, both of the officers involved would have been put in prison. The same department began to beat a man that FELL DOWN in a crosswalk right in front of me. So go stuff your holier-than-thou attitude in your pipe and smoke it!

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Proudamerican said on January 4, 2012 at 10:53 PM

WOW JUST WOW All the police haters Please do us all a favor and do not call the police if you ever need help. Police have a tough job and 100% support them. If you obey the law all will be fine. If you break the law then ur fair game1

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jackwong said on January 4, 2012 at 10:19 PM

Really?

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iowaboy said on January 4, 2012 at 10:17 PM

Gee, the lawyer is complaining because he is going to have to hire an attorney and it might cost him thousands of dollars. I really feel badly for him.....................oh ya

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rocketscience said on January 4, 2012 at 10:05 PM

Freedom of Information Act: PART IV--SPECIFIC TYPES OF RECORDS and HOW TO HANDLE 2. In Car videos—felony traffic stop and apprehension of a criminal suspect may be withheld as part of a criminal investigation BUT NOT routine traffic stop (noncriminal). Officer misconduct may be withheld as internal affairs investigation. I think the police is starting to venture on thin ice personally and is being a bully.

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nowthen1 said on January 4, 2012 at 10:02 PM

Did you know that your friendly local Building Inspector is also exempt?. There able to sign off on any violation and walk away or have a politicly correct supervisor to make it all good. Only the public suffer from politicly correct actions, this cost all of us money and can lead to loss of life. Ow it does not matter if you own a million or hundred thousand dollare home. Were out of controll and it will cost you, Goverment must start being held accountable for there decisions not the innocent.

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ltc67 said on January 4, 2012 at 9:53 PM

Sounds like maybe Tim Eyman can still be useful, he just needs to push for a new iniative to remove the statute of limitations from crimes committed "in the line of duty" or "in the name of enforcing the law." If the people are to trust "law enforcement personnel" then said personnel must be held to a higher standard. Punishment is a tougher issue, but I'm a simple person so I suggest that any crime committed by someone who is supposed to uphold the law be tried as an automatic third strike with deadly weapons enhancement.

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logic14 said on January 4, 2012 at 9:52 PM

Serves the attorney right. He got his tapes and he can sue the Seattle Police Department in court and not a public assassination by releasing the video himself and getting attention for himself. He should try to be a professional likehe is suing them for not being one. He is no better than the cops that he claims are bad.

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tugthug said on January 4, 2012 at 9:35 PM

Keep up the pessure the city is running scared. Seattle citizens take back your city!

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codetalker said on January 4, 2012 at 8:55 PM

Something stinks

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s10maniac said on January 4, 2012 at 8:47 PM

I never though I would say this, but how can I donate money to this attorny.

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mrefs said on January 4, 2012 at 8:31 PM

SPD needs a house cleaning. I'm saddened that we're no better than a third world police department with its arrogance and siege mentality.

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freedomfrank said on January 4, 2012 at 8:24 PM

What a pathetic justice system we have,,,

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Sir_Real said on January 4, 2012 at 8:20 PM

If the officer's weren't doing anything wrong, then why should they be worried about being sued?

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bekster4 said on January 4, 2012 at 8:19 PM

I have added my own dash cam in my truck......I over heard a retired police officer telling the party he was with that he supports the force that is used by the police...........He said they need to take the the intended victim out of camera range. We need to protect ourselves from over zealous police officers anyway we can. Sorry I just don't believe all of them adapt the motto "to protect and to serve". I have seen some of their abuse first had!!!!!!!!!!!!

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boobiewah said on January 4, 2012 at 8:07 PM

Fire Seattle City Attorney Pete Holmes and fire SPD Chief Diaz. No wonder the Justice Department said the SPD is crooked! I used to spend a lot of time and a lot of money in Seattle, now forget about it, I try to stay out of the city limits. The police are not keeping the city safe, violent crime is out of control, and if the cops don't like you they'll beat you or even kill you in broad daylight. What is this, Mexico??

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freedomthinker said on January 4, 2012 at 8:02 PM

its Karma you dolt...correction: statist dolt

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browndog said on January 4, 2012 at 7:53 PM

Wow....really....at least we know government is not corrupt.

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dakotanative said on January 4, 2012 at 7:50 PM

Wow, a blood sucking leach getting sucked on. Carma has paid him a visit!

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