Pubdate: Mon, 4 Aug 2008
Source: Tallahassee Democrat (FL)
Copyright: 2008 Tallahassee Democrat
Contact: http://drugsense.org/url/hdEs6Z0o
Website: http://www.tallahassee.com/
Details: http://www.mapinc.org/media/444
Author: Paul Flemming,  Florida Capital Bureau
Bookmark: http://www.mapinc.org/people/Rachel+Hoffman (Rachel Hoffman)
Bookmark: http://www.mapinc.org/find?246 (Policing - United States)

SEN. LAWSON FILES HOFFMAN CLAIMS BILL

Al Lawson Seeks to Pressure City to Compensate Family

State Sen. Al Lawson has filed a claims bill to compensate the parents
of Rachel Hoffman, who was shot and killed in May in an undercover
drug sting gone awry, for the negligence of Tallahassee police in her
death. Advertisement

Lawson filed his legislation Friday, the same day a grand jury
released a damning report that concluded the police department's
operations were negligent and led to 23-year-old Hoffman's death.
Friday was also the deadline to get claims bills considered in the
spring legislative session. The legislation is required if Hoffman's
parents ever settle or get a court judgment of more than $200,000 from
the city in an upcoming wrongful death suit.

Lawson said Sunday he seeks to pressure the city.

"I wanted to beat the deadline ... to maybe encourage the city and
everybody else involved to continue to resolve some issues in this
case," Lawson said. "We're going to keep the pressure on them at the
state level."

The bill does not list an amount for compensation. A judgment against
the city, whether by settlement or a court's findings, is required for
a claims bill.

Deneilo Bradshaw, 23, of Tallahassee, and Andrea Green, 25, of Perry,
were indicted Friday on first-degree murder charges in Hoffman's
death. Bradshaw and Green were the target of police who sent Hoffman,
a confidential informant, to buy drugs and a gun from the pair.

Hoffman's parents, Irving Hoffman and Marjorie Weiss of Pinellas
County, have signaled their intent to file a wrongful death lawsuit
against the city. The lawsuit cannot be filed until at least six
months after notice was given in June.

"The family is grateful to Senator Lawson for recognizing the
wrongfulness of their daughter's death and the magnitude of their
grief," said Lance Block, the Tallahassee attorney who represents Irv
Hoffman and Weiss. "I had asked Senator Lawson to do this before the
grand jury report, just based on our investigation."

Block would not say if he is in active discussions with the
city.

"Up until now the police department's been playing a risk-management
game and it's not working very well for them, obviously," Block said.
"The filing of the bill was purely an attempt to give my clients every
option in the event the city does try to do the right thing."

Jim English, Tallahassee city attorney, said there have been no
discussions with Block since he filed his intent to bring suit.
English said the city's investigation into Hoffman's death is ongoing,
slowed by the Florida Department of Law Enforcement's investigation
and holding all the evidence.

"We'll start to get that back this week," English said. "Clearly we
want to speed up that review and get the internal affairs
investigation completed as quickly as we can."

Rachel Hoffman in April was recruited as a confidential informant
after police found marijuana and illegal prescription drugs in the
Florida State University graduate's apartment. The grand jury said
police told her they would drop charges if she cooperated with them to
catch drug dealers.

On Sunday Lawson said he has talked to Irv Hoffman and
Weiss.

"When I spoke to them it was only to offer condolences to the family
for such a tragic loss," Lawson said. "But (there was no discussion)
concerning compensation or anything of that nature."

Florida's constitution gives government sovereign immunity from civil
lawsuit judgments, but there is a statutory waiver that caps payments
at $200,000. For more than that, the Legislature must make a special
appropriation.

City Attorney English said if there is ever a settlement or judgment
in the case, the state would have to direct any payment more than
$200,000. English said Tallahassee is not insured for such claims and
would pay any compensation out of city coffers. 
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MAP posted-by: Richard Lake