Police Magazine Logo
MenuMENU
SearchSEARCH

The Big Payout

Our legal system is terribly stacked against law enforcement officers and for plaintiff's attorneys. The U.S. code itself specifies how attorney fees will be set in civil rights cases against cops. That's why so many cases are filed against you and the agencies and government entities that employ you. Lawmakers—mostly lawyers themselves—set up paydays for their colleagues.

August 12, 2011
The Big Payout

Photo: iChaz.

4 min to read


Photo: iChaz.

In Leon Uris' 1970 novel "QB VII," a novelist is sued for libel by a doctor. The novelist portrayed the doctor as collaborating with the Nazis while he was held in a concentration camp during World War II.

Ad Loading...

The doctor prevails in the case heard in Queen's Bench Number VII, the courtroom referenced in the book's title. But the jury decides that even though the novelist exaggerated the doctor's role in the camp, his acts were indeed so heinous that the damage to his reputation is only worth one halfpenny.

Back when I read that book in high school, the halfpenny verdict struck me as the wisest decision ever handed down by a jury. Both men were in the wrong and both men lost.

Unfortunately, providing a plaintiff with this kind of comeuppance really isn't an option available to today's American juries and judges deliberating civil suits. Case in point a recent suit against the Seattle Police Department.

Four years ago Officer Jonathan Chin of the Seattle PD was cut off in traffic by another car that also ran a red light. Chin, who was in plain clothes and driving his personal vehicle, followed the car.

When the driver and passengers got out, Officer Chin detained them at gunpoint, ordering them to sit down in the middle of the street. Patrol units responded.

Ad Loading...

One of the passengers, Andrew Rutherford, stood up and moved when the patrol cars arrived. Officers tackled, subdued, and restrained him. In the scuffle, Rutherford sustained a head abrasion and he was transported to a local hospital. Rutherford was charged with obstructing an officer. The charge was dismissed.

Rutherford sued the city for $3 million. The suit contended that Chin and the other officers violated his civil rights by illegally detaining him and using excessive force to do so.

The case went to trial in May. After seven days the jury ruled that Chin and the other officers had not used excessive force on Rutherford and that Chin had legally detained Rutherford and the other occupants of the car. However, it also found that Chin detained them too long.

The U.S. Supreme Court ruled back in 1968 that officers can detain someone on reasonable suspicion. However, it put limits on the length and scope of such detentions.

After the jury verdict, U.S. District Judge Marsha Pechman presiding over the case awarded Rutherford $1 in damages.

Ad Loading...

I know what you're thinking. Your minds are going to a happy place and your thoughts are popping tiny champagne corks and pouring drinks. "Hurray! The good guys won one for a change." That's what you're thinking.

But hold your celebration. That $1 damage award isn't as great as it sounds. Unfortunately, it means that the plaintiff's attorneys prevailed in their federal civil rights case against the city and against the cops. And that means that the judge has no choice but to order the losers to pay the legal bills of the winner. It's federal law in civil rights cases.

The tab faced by the taxpayers of Seattle is alarming. Rutherford's attorneys have asked the judge to approve attorneys' fees and expenses of $419,000.

I bet you think that's outrageous. Think again. The city's defense of the case cost $331,000. So the plaintiff attorney's bill is not out of line, and the judge will likely approve it or at least most of it.

Here's the scorecard for this mess: Cops hauled into court but vindicated, plaintiff received $1, and the attorneys probably will walk away with 700 grand between them.

Ad Loading...

The next time you or your agency gets sued and you wonder why your city attorney or police chief recommends rolling over, remember those figures. Our legal system is terribly stacked against law enforcement officers and for plaintiff's attorneys. The U.S. code itself specifies how attorney fees will be set in civil rights cases against cops.

That's why so many cases are filed against you and the agencies and government entities that employ you. Lawmakers—mostly lawyers themselves—set up paydays for their colleagues.

Now I'm sure they would wrap themselves in the flag and the American way and tell you that the attorney fees clause in the U.S. Code is all about making sure the little guy has the resources to hire attorneys and go after the Goliath that violated his rights. Maybe. But try justifying that to the people of Seattle and every other taxpayer who has been mugged by this "make plaintiff lawyers rich" law.

I could tell you that we should all march, call, write, stamp our feet, and get the law changed. But don't hold your breath. It's not happening.

Related:

Ad Loading...
Subscribe to our newsletter

More Patrol

Streamlight promotional graphic featuring the LiteBox 1 Million handheld light and Portable Scene Light III, highlighting products displayed for the 2026 National Safety Council Safety Congress & Expo in Indianapolis, Sept. 14–16.
PatrolSeptember 10, 2026

Streamlight to Showcase Newest Lighting Products at National Safety Council’s Safety Congress & Expo 2026

Streamlight will showcase its latest lights, including the Portable Scene Light III and the LiteBox 1Million, at the 2026 National Safety Council (NSC) Safety Congress & Expo.

Read More →
Graphic promoting the 2027 World Police & Fire Games in Perth, Australia, featuring an aerial city view and photos of international participants carrying Brazilian and Australian flags.
PatrolSeptember 10, 2026

The 2027 World Police & Fire Games Set for Perth, Australia

The 2027 World Police & Fire Games (WPFG) will take place in Perth, Western Australia, from Friday, March 12 through Sunday, March 21, 2027.

Read More →
New York City skyline at night with the Tribute in Light beams illuminating the sky in remembrance of September 11, with the 5.11 logo in the upper left.
PatrolSeptember 10, 2026

5.11 Partners with National Fallen Firefighters Foundation to Support #ForThe343

5.11 has joined the nationwide movement honoring the 343 New York City Fire Department firefighters lost on Sept. 11, 2001.

Read More →
Ad Loading...
Team Wendy graphic announcing sponsorship of the Jorge Pastore Foundation, featuring a black-and-white photo of Austin Police Officer Jorge Pastore, whose end of watch was November 11, 2023.
PatrolAugust 27, 2026

Team Wendy Announces Title Sponsorship of the Jorge Pastore Foundation

Team Wendy’s 3-year partnership with the Jorge Pastore Foundation expands access to programs that strengthen those who serve.

Read More →
National Law Enforcement Officers Memorial Fund graphic for the 2026 9/11 commemoration ceremony beside a close-up of a police officer’s badge, with blurred emergency lights in the background.
PatrolAugust 27, 2026

National Law Enforcement Memorial and Museum Hosting 9/11 25th-Year Commemoration Ceremony

The National Law Enforcement Memorial and Museum is hosting a 9/11 25th Year Commemoration Ceremony on Sept. 11 at 4 p.m.

Read More →
Officer of the Month graphic for June 2026 honoring officers of the Chico, California, Police Department, featuring the department’s police badge and a rose emblem.
PatrolAugust 20, 2026

National Law Enforcement Officers Memorial Fund Announces June 2026 Officers of the Month

The National Law Enforcement Officers Memorial Fund (NLEOMF) named 15 officers of the Chico Police Department (California) as the Officers of the Month for June 2026 for their roles in responding to an active-shooter incident at a public library.

Read More →
Ad Loading...
Three smartphone screens display the Team Wendy community app, featuring tactical gear content, upcoming events, news, surveys, and navigation tools for warranty, sizing, and user profiles.
PatrolAugust 13, 2026

Team Wendy App Creates New Digital Hub for Helmet Owners

The Team Wendy Community App provides one location for warranty registration, size-fit tools, product updates, and community connection. For helmet owners, the new app creates a simpler path to the information and tools that matter most.

Read More →
Security officer wearing an earpiece uses a handheld two-way radio at an outdoor event, with PositionPTT push-to-talk radio accessories and earpiece shown alongside for professional communications.
PatrolJuly 28, 2026

PositionPTT & Pryme Combine Communication Technologies to Deliver Distracted Driving Compliance

Pryme Radio Accessories and hardware/software maker PositionPTT join forces to advance hands-free communications and ensure Department of Transportation compliance using an integrated system of push-to-talk platforms, devices, and audio equipment.

Read More →
Graphic announcing $25 million in law enforcement grants and resources over a photo of the U.S. Department of Justice headquarters in Washington, D.C., with large blue-and-white headline text overlaying the building.
PatrolJuly 23, 2026

Justice Department Releases $25M in Law Enforcement Grants & Resources

The Office of Community Oriented Policing Services has just released $25 million in new grant Notices of Funding Opportunities (NOFOs) to support law enforcement. The recently released NOFOs include the Safer Outcomes: Enhancing Crisis Response Training for Law Enforcement Program and other grant programs.

Read More →
Ad Loading...
POLICE Topics, Tactics & Tips YouTube thumbnail asking, “What qualifies a device as rugged or fully rugged?” featuring a Panasonic Toughbook laptop on a dark street background.
Patrolby Wayne ParhamJuly 23, 2026

What Makes a Laptop Rugged or Fully Rugged?

What separates a rugged laptop from a fully rugged one? In this video, two Panasonic Connect experts explain the military testing, IP ratings, durability standards, and real-world features that help law enforcement officers rely on their computers in any environment.

Read More →