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Ben Masel's Jury Hangs

By TChris, Section Civil Liberties
Posted on Thu Jan 29, 2009 at 06:32:51 PM EST
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While I usually refrain from commenting upon lawsuits when I know the participants, I thought TalkLeft readers would be interested in this article about an excessive force suit that TL reader, commenter, and occasional diarist Ben Masel brought against the University of Wisconsin Police Department. His trial ended this week with a jury that hung after only four hours of deliberation. Knowing the profound interest that Ben and his able attorney have in protecting our freedom to exercise our civil rights, I'm sure the second trial (and possible appeal) will be pursued with gusto fueled by good will.

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    Ben Masel's Jury Hangs | 25 comments (25 topical)

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    Go get em Ben! (5.00 / 3) (#1)
    by Big Tent Democrat on Thu Jan 29, 2009 at 06:34:51 PM EST
    Masel does the heavy lifting for all of us.

    Why only four (5.00 / 1) (#3)
    by eric on Thu Jan 29, 2009 at 06:54:06 PM EST
    hours?  I have never heard of such a short deliberation before a jury is considered hopeless.

    All seven jurors (5.00 / 2) (#9)
    by Ben Masel on Thu Jan 29, 2009 at 08:06:06 PM EST
    had been attentive throughout the two day trial. When they reported a hopeless deadlock, neither side, nor the judge, saw any reason to doubt that their respective decisions would change.

    Parent
    Best of luck in the next round! n/t (5.00 / 2) (#12)
    by MileHi Hawkeye on Thu Jan 29, 2009 at 08:15:58 PM EST


    Parent
    In Minnesota (none / 0) (#18)
    by eric on Thu Jan 29, 2009 at 10:32:27 PM EST
    we have a rule were they must be unanimus within the first four hours.  After that, we will accept one dissenter.  That is why I found it odd that they only pushed them for four hours.  I would expect at least one "go back and consider the evidence" type instruction.

    Parent
    Federal Court. (none / 0) (#21)
    by Ben Masel on Thu Jan 29, 2009 at 11:55:49 PM EST


    Parent
    Ben Masel. . . (5.00 / 4) (#7)
    by LarryInNYC on Thu Jan 29, 2009 at 07:56:03 PM EST
    is one committed dude.

    Blogged by Barry Orton (5.00 / 2) (#10)
    by Ben Masel on Thu Jan 29, 2009 at 08:10:12 PM EST
    at waxingamerica

    Berry sat through perhaps half the first day, including the officers' testimony.

    Oh oh. UW Police have tasers? (5.00 / 1) (#15)
    by Cream City on Thu Jan 29, 2009 at 09:12:02 PM EST
    At my campus, we've been trying to find out.

    Ben, were these really campus police?  Or were they state patrol, which also serves on UW campuses?  

    Methinks these links may have to go the rounds of the UW System.  We are fearful of campus police having tasers, and especially on campuses like mine -- as unlike Madison, we have far more students with disabilities (people with seizure disorder often are misunderstood and mistreated, for example) and minorities.  Fight the good fights.

    Parent

    UW Madison has it's own Department (none / 0) (#16)
    by Ben Masel on Thu Jan 29, 2009 at 09:23:28 PM EST
    with full police powers. Most, since the '80s, have been pretty good cops. Unfortunately, the worst of them was the closest when the call came. It came as no great surprise to learn that Mansavage ended up on the Town of Madison (distinct from the City) Department, they're the dumping ground for rejects from other area Departments.

    Parent
    Every UW campus has that (none / 0) (#17)
    by Cream City on Thu Jan 29, 2009 at 09:40:17 PM EST
    in its own department, police powers, etc.  But most if not all are a combination of state patrol running the show and lesser beings doing the drudgery.  So some armed, some not -- but even those who are armed do not, to our knowledge, yet have tasers.

    So the Madison campus cop shop structure is different?  Is this new?  It wasn't when I served, not long ago, on a campus "security committee" -- hey, not my term; typical bureaucratese to call it the opposite of what it is.

    Parent

    UW Madison dept. has been selfcontained (none / 0) (#22)
    by Ben Masel on Fri Jan 30, 2009 at 12:11:27 AM EST
    since before I got here in '71.

    Parent
    At least seven campus cop shops (none / 0) (#23)
    by Cream City on Fri Jan 30, 2009 at 01:37:16 AM EST
    are in the System.  We're crossing wires here.  

    Anyway, I found stories of tasers at the Madison campus but so far, not elsewhere.  Thanks.

    Parent

    Mr. Mansavage (none / 0) (#25)
    by DFLer on Fri Jan 30, 2009 at 10:44:39 AM EST
    Was he named by Charles Dickens?

    Parent
    The 1st Amendment claim (5.00 / 3) (#13)
    by Ben Masel on Thu Jan 29, 2009 at 08:32:14 PM EST
    While this matter was pending, the 7th Circuit ruled in a Valparaiso university case of a street preacher, Gilles v Blanchard, 477
    F.3d 466 (7th Cir. 2007, that normal forum analysis does not apply for the grounds of public universities, but rather that they have broad discretion to restrict speech on their property, so long as the decision is not content-based.

    The Court notes that in Gilles the Seventh Circuit found that in attempting to resolve whether the speech in that case was
    permitted in a specific location on a public university's campus use of the "forum" template would involve an unnecessary classification game.  477 F.3d at 473-74.  Instead the Seventh Circuit focused on the university's power to control its property, as the classification of the pertinent location fell "into a crack between the rules."  Id. at 471, 473.  In this case, the Court follows the Seventh Circuit's reasoning and analysis in choosing not to engage in the forum "classification game" concerning the Terrace and/or the Terrace walkway as they also fall into a crack between the rules because they are neither completely open or completely closed to all uninvited guests or reserved for some uses  but not others.  Accordingly, the Court focuses on the UW's power to control its property instead of focusing on forum classification.

    Since the 1st Amendment and Excessive force claims were filed together, an appeal of Shabaz' summary judgement dismissal of the speech claim has been stalled pending trial on the excessive force.

    Due to Shabaz' illness, recusals, and removal by the U from State to Federal Court, Randa's the 7th Judge on the case.

    Having defended a number of (5.00 / 3) (#14)
    by scribe on Thu Jan 29, 2009 at 08:45:09 PM EST
    excessive force and other civil rights cases, I can say that the mere fact you got to a jury says a lot - all favorable - about the merits of your case.  

    Usually - the vast majority of the time - cases such as yours get tossed on summary judgment.

    Here's hoping you win on the retrial and, if possible, on the First Amendment claim.

    Nice shirt, Ben. (5.00 / 1) (#19)
    by weltec2 on Thu Jan 29, 2009 at 10:59:32 PM EST
    Wrong color, but it goes well with your hair.

    Nice Pic (none / 0) (#2)
    by squeaky on Thu Jan 29, 2009 at 06:41:07 PM EST
    ANd good luck in the rerun. Hope they lose big.

    Looks like a great American to me! (5.00 / 2) (#4)
    by Molly Bloom on Thu Jan 29, 2009 at 06:57:14 PM EST


    Parent
    Indeed (5.00 / 1) (#5)
    by squeaky on Thu Jan 29, 2009 at 06:59:57 PM EST


    Parent
    Just Remember (none / 0) (#6)
    by kaleidescope on Thu Jan 29, 2009 at 07:12:59 PM EST
    He's not licensed to practice there.  Is Ralph Hansen retired?

    Since '91 or '92 (none / 0) (#11)
    by Ben Masel on Thu Jan 29, 2009 at 08:11:37 PM EST


    Parent
    Was this Madison? (none / 0) (#8)
    by diogenes on Thu Jan 29, 2009 at 08:05:38 PM EST
    If this was U Wisconsin in Madison, any random jury picked there would include some members who hate the cops and would never vote in their favor.    

    Good luck, Ben (none / 0) (#20)
    by joanneleon on Thu Jan 29, 2009 at 11:37:19 PM EST
    Hope to catch you again next year at NN.  We'll have to get that group together again for dinner.  It was great fun, with tons of interesting conversation.

    People like Mr. Masel.... (none / 0) (#24)
    by kdog on Fri Jan 30, 2009 at 08:57:09 AM EST
    restore my faith in the human race...the thought of such a patriot being manhandled by state agents does not.

    Give 'em hell sir...never surrender.

     

    Ben Masel's Jury Hangs | 25 comments (25 topical)

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