Subject: State filth. Legal fears stymie police "I do not believe that police, acting in good faith, have been supported by courts and the juries." One of Victoria's most senior police officers said a dramatic increase in civil litigation meant some police were increasingly uncomfortable performing operational duties because of fears of being sued. Retired Deputy Commissioner Neil O'Loughlin (pictured right) said a group of lawyers had become parasites who saw the force as a "cash cow", and continually searched for new ways to sue police. He said millions of dollars that should be spent on street policing was now being used to pay legal bills. Since 1994, police have paid out $15 million in civil payments and $7 million in legal costs. There is now a backlog of 140 cases - the oldest relating to an arrest in 1985. The police department has budgeted to pay a minimum of $10 million on pending actions. Increasingly police are settling cases rather than risking big payouts and large legal bills. "I do not believe that police, acting in good faith, have been supported by courts and the juries," Mr O'Loughlin said. "We have made mistakes but we have still been found liable when our actions have not been negligent." Mr O'Loughlin, who retired on Friday after 41 years' service, said some law firms had been touting for business, checking law lists for cases where people have been charged with assaulting police and then contacting them with the offer of a free legal consultation with the view of suing the force. "We have had cases where people involved in unlawful demonstrations have damaged property and when police have moved in they have ended up being sued," he said. He said in one case police were sued after a doctor filled out the wrong form in certifying a mentally ill patient. The writ blamed police after they did not take the man directly to the hospital. "This sort of a thing is a nonsense. We are following the trends of the American system." Mr O'Loughlin said that when police won a case they often could not recover their costs because the plaintiffs did not have the resources to pay. In one recent action, police won their case but were left with $80,000 costs because the plaintiff had no assets. Mr O'Loughlin said some demonstrators went to protest meetings with a plan to confront police and then sue. "Many of those who sue are not looking for justice, only easy money," he said. The chief executive of the Law Institute of Victoria, Ian Dunn, rejected Mr O'Loughlin's claims. "The law has not changed, it is just in the past police have not used pressure-point tactics and would not strip search everyone in a nightclub," he said. Police have been found liable in civil cases for using pressure holds against demonstrators at the Richmond Secondary College and for strip-searching patrons at the Tasty nightclub. Mr Dunn said: "If police do not exceed their powers they are no more vulnerable than they have ever been." FROM http://theage.com.au/articles/2002/03/16/1015909912229.html
