On Monday, the US Supreme Court rejected without comment an appeal that could have shielded Sheriff Lee Baca from legal responsibility for a pending jail abuse case. The case involves an inmate named Dion Starr who was stabbed 23 times with a jail-made shank by three alleged Latino gang members in a racially charged attack that occurred when Starr was in the 2400 block of Men’s Central Jail awaiting trial on minor charge.
Interestingly, in looking more closely at the chain of supervisory control in Men’s Central Jail at the time of the reported attack against Starr, it appears that any legal exposure might better be shared by Undersheriff Paul Tanaka.
But before we get to that part of the story, it helps to know at least the rough parameters of the case and of the recent action (or more accurately, the deliberate inaction) by the U.S. Supreme Court:
Starr’s complaint states that the attack against him was made possible when a deputy named Jose Garibay, who controlled inmate ingress and egress from the 2400 cells, wrongly opened the door to Starr’s cell, then walked away from his observation post while Starr—who is African American and reportedly has no gang affiliation—screamed and called out for help as the attack continued.
Eventually, other deputies arrived, including a Sergeant Inge, who rapidly stopped the attack. But as Starr lay on the floor of his cell, bleeding and moaning in pain, one of the deputies—Deputy Maybet Bugarin—allegedly yelled racial epithets at him, things like, “shut up nigger.” Then Bugarin reportedly kicked Starr in the face, fracturing his nose. According to the complaint, Sergeant Inge, who was the floor sergeant for the 2000 block, saw Bugarin deliver the kick.
Starr’s attorneys, Sonia Mercado and Samuel Paz, contend that the inmate attacks and the deputy abuse, and the lack of a rigorous follow-up investigation, are part of an ongoing pattern of such incidents in Men’s Central Jail, and that Sheriff Baca had been repeatedly informed about the problems by supervisors, and through reports from people like Mike Gennaco of the Office of Independent Review, and LA County Special Counsel Merrick Bobb, whose 2004 and 2005 reports wrote of similar attacks. One high profile inmate on inmate attack that involved a mentally ill inmate named Chadwick Shane Cochran, had occurred a few months before in November of 2005, in the same 2400 block, of CJ, where Starr was stabbed. Cochran was left incorrectly in a room with 30 inmates some of whom beat him to death, while other inmates screamed for deputy intervention that did not arrive. “It was a systemic failure,” Bobb told an AP reporter of the Cochran case. In short, in the face of a rash of violent and in some cases, fatal incidents, multiple critical outside reports and lawsuits, Baca had not exerted the leadership necessary to put a stop to the problems and to keep inmates safe.
And so he’s liable, said the attorneys.
Last summer, a three judge panel of the 9th Circuit Court of Appeals agreed when it ruled in the case of Baca v. Starr that Dion Starr could hold the sheriff legally accountable for the serious injuries he received on January 27, 2006 in Men’s Central Jail.
That the Supremes declined to fiddle with the 9th Circuit’s ruling was a surprising setback for Baca and his LA lawyer, Timothy Coates. And if Starr and his attorneys are successful at trial, it will open a wide highway for other inmates in jail abuse cases to sue the sheriff directly.
In reading the text of the 9th Circuit’s ruling its evident that, in addition to the justices’ interpretation of legal precedent, they took seriously the detailed line up of similar inmate-on-inmate abuse cases, including five killings in six months in late 2003 to early 2004. Most of the incidents had occurred in CJ when deputies unaccountably allowed the wrong inmates together in a cell or room, and then walked away.
After examining the Starr case, we reviewed our own records here at WitnessLA, and noticed that the timing of Starr’s reported attacks (and some of the other attacks referenced in the case) seemed to logically point to supervisory culpability in addition to Baca’s, namely that of Undersheriff Tanaka.
To wit:
Starr was injured on January 27, 2006. This means the incident occurred during Captain John Clark’s tenure as head of Men’s Central Jail. If you remember, Clark is the CJ captain who became concerned about spiking levels of deputy use of force and the increasingly toxic deputy cliques like the 3000 Boys, and the 2000 Boys—the latter being the deputies who could have potentially guarded the 2400 block where Starr was housed.
WitnessLA has recently obtained a copy of a February 8, 2006, memo that Clark sent out to the deputies and supervisors in his charge in which he announced a new policy of job rotation that would begin in March of 2006, and was specifically designed to help break up the deputy gangs.
If you’ll remember from Parts 1 and 2 and 3 of Matt Fleischer’s Dangerous Jails series, then Assistant Sheriff (now Undersheriff) Paul Tanaka, reversed the reforms Clark had announced in the memo, and subverted the authority of the captain and his supervisors to discipline deputies for wrongdoing by meeting with the deputies separately and telling them to come directly to him—Tanaka— not their immediate bosses.
We were also interested to note that Clark’s Feb. 8, 2006 memo was sent out 12 days after the attack on Dion Starr, meaning that the Starr incident fell smack within the period during which Clark was the most concerned about deputy misconduct, and was attempting to act constructively to address his concerns—but was thwarted by those above him, specifically Tanaka. That would be the same Tanaka who has, as WLA has reported, often exhorted deputies to “work in the gray.”
With the above events in mind, now that the 9th Circuit has opened the door to holding supervisors like Sheriff Baca legally accountable in jail abuse cases like Dion Starr’s, one cannot help but wonder where the undersheriff’s legal responsibility in such cases might conceivably lie.
LEGAL NOTE: David Savage at the LA Times has an extended report on the Supreme’s ruling that is worth reading.
In it he mentions SCOTUS’s earlier ruling on a similar issue:
In 2009, the Supreme Court made it harder to sue top officials. In a 5-4 decision, it threw out a suit against former Atty. Gen. John Ashcroft seeking to hold him liable for the arrest and jailhouse beating of Muslim men after the terror attacks of Sept. 11, 2001.
Ashcroft is considered by many to be a clumsily written ruling. Thus a couple of the lawyers I spoke to yesterday thought that SCOTUS might be trying to at least somewhat amend their Ashcroftian mistake through the back door by declining to take Baca v. Starr, thus allowing the 9th circuit’s precedent-making ruling in the matter to stand.
It appears that Sheriff Ali Baca, the nomad Sheriff, just had the rug pulled out from underneath his curly toed slippers. For years, Ali Baca has globed trotted around the middle-east and points in-between, leaving complete operational control of LASD to everyone else. He has been entirely disconnected from the very organization he was elected to run. Well run it has been, right into the ground. Shame on him.
But the real culprit in ALL of this, is the one and only Paul Tanaka. And I suspect Tanaka will be right next to Baca in court, day by day. And now it appears, the true story of Tanaka’s misconduct and mismanagement of LASD is going to be laid out for all to see. Hey Baghdad Bob Whitmore, how are you going to spin this one? Let me guess, “The Sheriff is not really concerned about this ruling. We are looking forward to finally having an opportunity to tell our side of the story. Undersheriff Tanaka is not available, he is tied up in ligation at the moment.”
Let the chips fall where they may. Sheriff Moonbeam and his corrupt sidekick, “tall” Paul, have destroyed this organization as only they could. Hell bent on consolidating power at all cost, these two should appreciate what Mike Carona felt like towards the end of his pathetic career. And now let’s here it from the Ramona Blvd. crowd of apologists and leg humpers!
2014 can’t come soon enough.
Baca’s acclaimed excuse of Custody Division’s problems, “I didn’t know about any of it, my staff kept me in the dark. But now I know and now I’m in charge,” is going to haunt him beyond his wildest nightmares.
So in every deposition and in every court trial, Baca is going to be asked all the routine questions one would expect about command and control. Then his statement is going to be brought up. “Well Sheriff, since you didn’t know about all of this violence and allegations of employee misconduct, aka 3000 Boyes etc, then WHO from ‘your staff’ did know?” “Who specifically from ‘your staff’ kept you in the dark? Your Undersheriff, your Assistant Sheriff, your Chief, your Commanders? Who Sheriff kept you in the dark because we are going to question them next.?”
And then those attorneys are going to start questioning one at a time, from Cruz all the way up to Tanaka. What did they know and when did they know it? We already know from reports that Commander Olmsted “personally” briefed in “specific detail” about ALL of the problems going on inside MCJ. This includes the roll-up of Captain Clark by Tanaka, the promotion of Cruz to captain by Tanaka, the reported suggestion Cruz be promoted to Commander by Tanaka, the “hand selected” placement of sergeants and lieutenants into MCJ and Twin Towers by Tanaka, the infamous “grey zone speech,” by Tanaka. Well, lets see, where does this line of questioning go? Hmmm, let me guess.
I don’t think for one moment that Chief Burns or Assistant Sheriff Cavanaugh are going to say, “It’s my fault, I didn’t tell anyone.” That is not going to happen. And did I mention Commander Olmsted has stated on the record he personally briefed Cavanaugh, Tanaka and Baca of all the misconduct going on at MCJ? Oh, I think I did, sorry. Well, as LATBG stated, “Let the chips fall where they may.”
I think Sheriff Baca has meant well, but he has trusted the wrong person – Paul Tanaka. Undersheriff Tanaka has been able to mold the LASD into a mess. He probably needs to go so that the sheriff can turn this thing around. Otherwise, they both need to go. The law is black and white, and so is what’s right and wrong. No shades of gray.
A person is defined by whom they surround themselves with…
Hummm, Captain Clark was in command when the Starr beating happened, yet he has no responsibility? Why? Because he wrote a job rotation memo weeks later? Celeste, you have completely swallowed the anti Baca/Tanaka koolaid and can’t see though your own haze.
And your hero Bob Olmsted has now officially B-slapped the law enforcement professional by selling his soul for the almighty $$$ by becoming an subject matter expert witness for plaintiff attorney who sue cops. He is not the first, and sadly won’t be the last, but he will be forever remembered as the Benedict Arnold retired commander of the LASD.
The “Truth,”
Read Celeste’s story on LAPD today and the types of reform it took to get LAPD back in line.
Stay on that old Tanaka/Baca train as it continues to derail, crash and burn. My guess is you are one of those boyz who support the Tanaka/Baca ticket because you have personally benefited from their corruption.
Benedict Arnold? These expert witnesses are heroes in the eyes of the civil rights community. Takes courage and integrity to do what they do. Yes, they get paid for their testimony, just like Tanaka and his crew got paid and promoted for putting 9 in the back of an unarmed kid.
What flavor koolaid do you drink before going work everyday? You must be trippin’ hard to ignore all the abuses you witness and perhaps participate in… and then turn around and blast those who shine a light on your department’s dirty deeds. Trip on!
The Truth says, you are true to the current LASD form. Good for the people that tell the truth. We aren’t and didn’t swear to an oath to protect the one’s who tarnish the badge.
You will have your day and will wonder why you are suddenly not in the car and will be working south facility with mon-tue off.
Paul Tanaka is the BEST thing to happen to the LASD in years. The TRUTH will come out soon and the LASD will be redeemed. Baca and Tanaka aren’t going anywhere!
If you are lazy, a criminal and/or un-ethical, LEAVE the department NOW! You are going to be exposed & purged out of the LASD for good!!
Lets see if this comment gets posted….
Scruffy, you are the trip! Did you pick up all of your law enforcement knowledge chilling in the guard shack at the Long Beach Naval Station, as you put it in a previous post, “back in the day” (whenever that dangerous time was on an American military base), or from watching The Shield too many times? As a citizen, you are definitely entitled to comment or complain about sworn peace officers, but don’t think for one second you have any insight or experience in this profession. Good day to you, sir.
Sincerely,
USMC Combat Veteran (for real).
779,
1st.Marine Division, 1st. Tank Bn, Charlie Company, 3rd Platoon. Charlie 31 (M48-A3) tank, Tank commander, Hoi Anh, LZ Baldy, LZ Ross, Vietnem, 1969. Honorably discharged after four years of service, E-5 Sergeant.
Patrolling vill’s doesn’t seem too different from patrolling inner-city neighborhoods. We were primarily white, an occupying force, heavily armed, and when it was over we went home. Only difference we left the country and you guys cross the border and head back into suburbia.
Bad deputies justify their heavy handed tactics because they claim to be the point of the spear in the war on gangs and drugs. Victory by any and all means necessary, just don’t get caught and if you do, falsify reports, make false arrests, commit perjury, shield your fellow deputy, especially if tattooed, from all accountability. I get it. It ain’t rocket science.
We basically had the same marching orders, with no paper work or judicial system to get in the way. Sounds like a bad cops paradise, doesn’t it 779?
Actually, I get most of my law enforcement knowledge directly from other deputies and the news, and yes, I liked the Shield. What role did you identify with?
Your state of denial would be hilarious, if it wasn’t for that gun on your hip and all the power you have to back up your attitude.
Interesting you attack my character and service record in the Marines. In all my years, no one has ever done that before, especially not a fellow Marine. Makes me wonder if you are a wanna-b, but I’ll just chalk-it up for you being the kind of person your post reveals.
How about responding to my points and that of others regarding bad deputies within LASD or don’t you have anything worthwhile to contribute?
Unfortunately, the LASD brass will just hunker down and wait it out. Like it or not, the LASD is an “invisible” police force in the US. People don’t know enough about or care about what goes on within this Department enough for any meaningful reform to take hold. LAPD gets the spotlight, and LASD just keeps on going.
We have a Department that wastes millions on contracts, from aircraft, to communications, to counterterrorism units. The Sheriff takes over other Departments, promises to uphold service and facilities, and the line Deputies just make it work. Meanwhile, the millions that were set aside by the Board of Supervisors to build habitable facilities for the Deputies get siphoned off for other favorite Tanaka projects. (And how about that – Gary Tse – the Director of the Facilities Bureau – is a Tanaka donor and buddies with Dave Waters).
It will probably take a full investigation by the FBI to reveal all the corruption going on, but the odds of that happening are pretty slim. Really sad.
Scruffy,
So explain to me why, with the admirable combat record you have, you instead choose to bash and second guess law enforcement officers by comparing your experience as the a sergeant of the guard at Long Beach Naval Station? That is as much of a stretch as someone telling you they understand combat because they have played paintball. And as far as your comments that patrolling vills in Vietnam is like patrolling inner city neighborhoods because we are a mostly white occupying force, this lies at the heart of your issues. Deputies do not see themselves as an occupying force, and are no longer mostly white, either. Good cops become immersed into the communities they patrol, and understand the history, the issues, and the problems its citizens face. Good cops also go about their duties in their assigned area guided by one principle: “If my family lived here, how would I want it patrolled?” Generally, this means doing proactive police work to keep the criminal element from harming the innocent citizens. I know where I live I wouldn’t want to see gangmembers hanging out on the corner, intimidating the neighborhood, and I expect the police in my city to do their job so my family is safe. That is all the cops are trying to do in your city, Scruffy. And for these efforts, cops are more often than not insulted and criticized by people like you. I do not identify with any character on the Shield, because it is a fictional TV show. I also do not identify with Dick Tracy, Lethal Weapon, or Robocop, because they are also fictional. As far as your request that I respond to your points on bad deputies, I can only offer my perspective. I honestly believe the vast majority of the Sheriff’s Dept. is good, hardworking deputies who want nothing more than to take the bad guys to jail. That does not mean they do anything illegal to accomplish this. What it means is that they will often be at work early to prepare, they will take on extra work throughout their shift, and will stay late to complete their tasks, which would usually involve completing arrest reports, or other crime reports written at the request of the public. These deputies will miss sleep, holidays, and family events to accomplish their mission, and will do so on a regular basis. I know that you think every cop is dirty, but this is not the case. The ones who reveal themselves to be so will be identified and dealt with by the department and the criminal justice system. Deputies are subject to official scrutiny that you could never imagine, Scruffy. But it is the unofficial scrutiny that comes from sites like this that cuts the deepest. I have a suggestion: Instead of worrying about who has what tattoo, instead be upset if you see a police car in your neighborhood driving around with the windowns rolled up, not paying attention to the surroundings, and not being prepared to protect you from criminals. I’m not sure how you believe cops should patrol a community, Scruffy, but what generally works is having a noticeable presence, and aggresively keeping the crooks on their toes, making them aware that you are not going to allow them to victimize people in the area. As far as your obsession with tattoos, most of the tattoos on deputies are not work related. And I can tell you, Scruffy, that one of the biggest and proudest “groups” on the deaprtment is deputies who have military experience. Some of the other groups you may not like are deputies who take their families camping together, deputies who ride motorcycles together, or deputies who barbecue together off duty. Sounds kind of like how people make friendships in other professions, doesn’t it? What it comes down to, Scruffy, is that many deputies work hard at making a difference in the communities they serve, and are often proud of their efforts and accomplishments. They are also often unable to connect with those who do not know the stresses and risks of their job, so they become friends with other cops.
In closing, Scruffy, I have no power to back up my attitude, as you put it. The gun on my hip is only to protect myself from those who would want to harm me, and unfortunately there are many of them out there. My only power comes from my own integrity and common sense, which I learned long before I got this job.
Read today’s LA Times today about deputy tattoos that honor deputies involved in shootings. I guess that’s all in good fun.
If all good deputies are as you describe, why are they unable or unwilling to police their own ranks?
Working side by side your whole career with those you violate peoples civil rights, beat and shoot folks, false arrest, etc., and never reporting them let alone testify against them makes you one in the same.
Is LASD paying you to write this stuff? If not, you are in total denial, bro.