*QL*: Nebraska Supreme Urged to Correct Injustice in Brandon Appeal
===========================================
LAMBDA LEGAL DEFENSE AND EDUCATION FUND
www.lambdalegal.org
News Release
============================================
FOR IMMEDIATE RELEASE: Monday, October 2, 2000
CONTACT: Peg Byron 212-809-8585 x230, 1-888-987-1984 pager
David Buckel 212-809-8585 x 212
============================================
Nebraska Supreme Urged to Correct Injustice in Brandon Appeal
Dozens of organizations file supporting briefs to Nebraska Supreme Court
(NEW YORK, Monday, October 2, 2000) ? A significant group of 31 civil
rights and victims' advocacy organizations are joining Lambda Legal Defense
and Education Fund in appealing the meager amount awarded for a county
sheriff's failure to protect Brandon Teena from a brutal murder.
Among those groups supporting Lambda in its appeal on behalf of the
victim's mother are the American Civil Liberties Union, National
Organization for Women, Southern Poverty Law Center, Parents of Murdered
Children, National Coalition Against Domestic Violence, American Public
Health Association, and Anti-Defamation League.
"Like Lambda, these organizations are committed to proving that everyone -
regardless of gender, race, sexual orientation, age, or any other factor -
should be able to rely on law enforcement for protection against
hate-motivated violence, least of all should anyone have to fear being put
in danger because of the police's own bias," said Lambda Legal Director
Beatrice Dohrn.
The critically acclaimed film, "Boys Don't Cry" and documentary, "The
Brandon Teena Story," chronicle the tragic events that led to Brandon's
death.
Born Teena Brandon and raised as a girl, he was living as a man known as
Brandon Teena in Falls City, Nebraska, when he was murdered at age 21. In
December of 1993, two men who discovered his sex raped him. His attackers
later shot and killed him after learning Brandon had reported the rape and
was to help police in the investigation.
Richardson County Sheriff Charles B. Laux not only notified the rapists of
Brandon's complaint, but took no steps to protect him, despite his
agreement to assist the sheriff and strong evidence that his life was in
danger Laux, who had been abusive and accusatory while interviewing Brandon
about the rape, even forbade a deputy from arresting the pair.
Joann Brandon, the victim's mother and representative of the estate, sued
Laux because he negligently failed to protect Brandon between the time of
the rape and the murder and was abusive in interviewing him about the rape.
In 1999, the trial court agreed the sheriff was negligent, but in its
ruling assessed just $17,360.97 in damages against him.
"A hefty price tag is necessary to ensure that law enforcement officials
take seriously hate-motivated violence, and do not put someone in worse
danger for turning to police for help," Lambda Senior Staff Attorney David
Buckel, who is assisted in the case by Staff Attorneys Doni Gewirtzman and
Marvin Peguese.
The Nebraska Supreme Court will hear Joann Brandon v. County of Richardson,
Nebraska as early as the first week of November, having ordered the appeal
to bypass the intermediate appellate court.
Lambda is co-counsel with Herbert J. Friedman of Friedman Law Offices and
Michael J. Hansen of Berry, Kelley, and Hansen both of Lincoln, Nebraska.
The appeal argues, among other things, that the trial court made a legal
error on the apportionment of damages where a duty to protect was violated.
Specifically, the trial court was mistaken in shifting most damages for the
sheriff's negligence to the individuals whose violence the sheriff was
duty-bound to prevent.
Friends-of-the-court
The friend-of-the-court arguments include discussion of a child's inherent
value to a parent, the shameful history of law enforcement's
blame-the-victim approach to rape and other hate violence, and the high
rate of violence against transgendered people.
Joann Brandon v. County of Richardson, Nebraska
Amici in Support of Plaintiff-Appellant
American Civil Liberties Union Foundation, American Orthopsychiatric
Association, American Public Health Association, Anti-Defamation League,
Association for Women in Psychology, FTM International, Gender Education
and Advocacy, Gender Public Advocacy Coalition, International Foundation
for Gender Education, Iowa Coalition Against Domestic Violence, Minnesota
Coalition for Battered Women, National Asian Pacific American Legal
Consortium, National Center for Victims of Crime, National Coalition
Against Domestic Violence, National Coalition of Anti-Violence Programs,
National Organization for Women Foundation, National Organization for
Women Legal Defense and Education Fund, National Sexual Violence Resource
Center, National Youth Advocacy Coalition, Nebraska Domestic Violence
Sexual Assault Coalition, Northwest Policy Institute, Oregon Coalition
Against Domestic Violence, Parents of Murdered Children, Pennsylvania
Coalition Against Rape, People for the American Way, Puerto Rican Legal
Defense and Education Fund, Renaissance Transgender Association, Southern
Poverty Law Center, Sexual Assault Report, Wisconsin Coalition Against
Domestic Violence, Women's Institute for Freedom of the Press.
Lambda is the nation's largest legal organization for lesbians, gay men and
people with HIV/AIDS. Headquartered in New York, Lambda has offices in Los
Angeles, Chicago and Atlanta.
(Joann Brandon v. County of Richardson, Nebraska, No. 15873)
? 30 ?
Link directly to Lambda's news release:
http://www.lambdalegal.org/cgi-bin/pages/documents/record?record=712
=======================================
Lambda Legal Defense and Education Fund
www.lambdalegal.org
National Headquarters
120 Wall Street, Suite 1500
New York, NY 10005-3904
212-809-8585 phone
212-809-0055 fax
lambdalegal@lambdalegal.org
Partial thread listing: