In a new article for AAJ’s Trial magazine, Chelsea recommends ADA Title II and §504 as effective tools to wield in the fight for police accountability in excessive force cases.

Chelsea Crawford, partner at Brown, Goldstein & Levy, recently authored an article for the September 2024 edition of the American Association for Justice Trial magazine entitled, “Leveraging Disability Rights Law to Combat Excessive Force.” In the article, Chelsea discussed the benefits of viewing excessive police force cases via the lens of disability rights laws, specifically Title II of the Americans with Disabilities Act of 1983 (ADA) and §504 of the Rehabilitation Act of 1973. 

Chelsea explained that attorneys should consider utilizing Title II of the ADA and Section 504 as an alternative to 42 U.S.C. §1983, a statute that allows individuals to sue state and municipality actors for civil rights violations. Many Section 1983 cases face legal hurdles, such as qualified immunity defenses for the defendant officers. Chelsea noted that 54% of federal appeals cases invoking this statute granted qualified immunity, while only denying it 26% of the time. Section1983 cases are also difficult to win, as the burden of proof lies on the plaintiff to prove the existence of an institutional policy or custom and apply it to the violation of their civil rights. Chelsea described  three discrete benefits of utilizing the ADA and Section 504 in cases involving excessive police force. 

The case of Mr. Eric Sopp, an unarmed man who was shot and killed during a traffic stop by a Baltimore County police officer in 2019, provided a foundation for Chelsea’s article. Chelsea and partner Andy Freeman represented Mr. Sopp’s estate and his family in a lawsuit alleging that the officer used excessive force and that the Baltimore County Police Department had a history of excessive force against individuals experiencing mental health or emotional crises. In October 2021, Baltimore County paid $6.5 million to Mr. Sopp’s family, one of the largest settlements for a police-involved shooting in County and State history. 

Chelsea has extensive experience representing individuals and entities in complex civil matters, including federal civil rights litigation, serious personal injury and wrongful death, and commercial disputes. She has obtained some of the largest settlements in the State of Maryland in her time at BGL, including Mr. Sopp’s case. She is also a fierce advocate for individuals with disabilities and has been recognized multiple times for her work in civil rights across the country. 

Learn more about Chelsea Crawford here.

Read the full article by Trial here.

ABOUT BROWN, GOLDSTEIN & LEVY

Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, DC. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice.