Pubdate: Fri, 02 Jun 2006
Source: Charlotte Observer (NC)
Copyright: 2006 The Charlotte Observer
Contact:  http://www.charlotte.com/mld/observer/
Details: http://www.mapinc.org/media/78
Author: Mike Baker, Associated Press
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

N.C. BILL SEEKS TO MAKE DRUG DEALERS LIABLE

Dead Addict's Father Is Behind Measure To Allow Damage Suits

RALEIGH - Illicit drug dealers should be liable for the spoiled lives 
of drug users, a father of a dead addict told lawmakers Thursday.

Now, Keith Thompson, with the help of state Sen. Julia Boseman, D-New 
Hanover, has proposed a bill that would allow families, employers, 
acquaintances or even individual narcotic users to sue dealers for 
economic, mental and physical damages.

Virtually any person or group -- even the state -- could file suit 
against any convicted peddler.

"Drug dealers are parasites in our community," Thompson told a Senate 
committee Thursday, introducing the bill. "They suck the quality of 
life from our citizens.

"We must use any and all means we can to continue this war on drugs. 
This is one tool."

Thompson said his daughter, Blaire, had struggled with a heroin 
addiction for years. But after going 90 days without feeding her 
habit in 2004, she began talking about quitting her job as a 
kindergarten teacher to write a book about the danger of drugs.

However, Blaire's dealer called one morning to offer another fix. She 
overdosed on heroin that night. She was 26.

"Everyone that's an addict wants to get clean," Thompson said. "But 
the dealers are relentless in keeping their customers."

Days after her death, Thompson confronted his daughter's dealer at 
the man's home. He was unable to convince local police to prosecute 
the man, who still deals drugs today in Wilmington, Thompson said.

If lawmakers passed this law, Thompson said the man he believes is 
responsible for his daughter's death would be the first person he would sue.

"They know what they're doing is illegal, and they know the harm that 
they're causing," Thompson said.

The dealers could be forced to pay for injuries, cost of treatment 
and rehab, loss of productivity, emotional distress, or even loss of 
enjoyment or companionship suffered by drug users or those in their community.

The American Civil Liberties Union of North Carolina opposes the 
bill. In a letter to lawmakers, the organization said the measure is 
unconstitutional because the dealer sued doesn't have to be the one 
who causes the injury.

The group also argues that the lawsuits wouldn't be effective 
deterrents and say it would be difficult to determine dealers' assets 
because illegal drugs are usually purchased with cash.

More than a dozen other states have enacted similar laws, although 
some, such as Wisconsin, must prove a connection between the dealer 
and the victim -- which is often difficult.
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MAP posted-by: Beth Wehrman