Written By a Law Clerk for Lagomarsino Law: Robert Maxey
Power and authority are the most important influences we subject ourselves to. Deciding who has authority or power and when are crucial questions to answer. Within the United States we have three separate branches of government designed in a way that they create a system of checks and balances. It is this system of checks and balances that helps prevent what our society fears, tyranny.
Law and order are tools to be used within our system to promote the welfare of society and to nurture the growth and happiness of individual life. Our country was given birth upon the principals of “life, liberty and the pursuit of happiness.” Within our constitution and within every law no one person has absolute authority or power to do as they please. Our laws define and appropriate power and authority in very specific manners that which prevent the government from terrorizing its citizens.
We enjoy the pleasure and freedom to speak on whatever political issues we feel warrant our voice and act as we choose so long as laws are not broken. Despite this nature of freedom in our country there are occasions when boundaries of power and authority are crossed. There are instances when power is taken out of its designated use and applied illegally to torment citizens. It is these instances that should cause the most alarm in our country and it is these times that the most drastic punishments must be issued.
On November 2006 police officer’s acting outside their authority and power assaulted Ronald Eaton in front of a local restaurant in Ellsworth. While the officer’s were acting with assumed noble intentions of preventing disturbing the peace they were acting outside of their power. Mr. Eaton had been inside eating and drinking when his girlfriend left under the guise of using the restroom. After her disappearance Mr. Eaton went outside in search for her. His search enticed off duty police officers to restrain him breaking his arm and imprison him without adequate cause. While imprisoned with a broken arm he had pepper spray and further physical force used against him.
To take threats against the rule of law with apathy could allow our system to deteriorate to a fragile state vulnerable to collapse. We enjoy our successful nation because we do not tolerate corruption. Police are given plenty of freedom to uphold the law but they cannot and will never be allowed to uphold the law as they see fit. Being disruptive or obnoxious is not inherently a crime and usually requires impeding upon someone else’s safety to be considered such. For any officer to uphold their version of the law is in direct conflict with our constitution and our separations of power. As restitution to Mr. Eaton the case was settled for $725,000 before the trial was set to begin.
A full article can be found here: Police brutality civil case settled out of court for $725,000
Our law firm does not represent anybody in this incident. The commentary is for educational purposes only. If you or someone you know has had your rights violated or suffered police brutality and would like to be represented by a great Las Vegas Lawyer, contact our office for a free confidential case review and receive a response within hours. Call Toll Free 866-414-0400.