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Sheriff’s Dept. Accused of Racketeering, Sued for $1 Billion in Death : Court: Lawyer for the family of a woman accidentally slain says deputies often endanger blacks’ lives.

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TIMES STAFF WRITER

A lawyer for the family of a bystander accidentally shot to death last year by a Los Angeles County sheriff’s deputy filed a $1-billion civil lawsuit against the Sheriff’s Department on Friday, accusing it of being a “continuing criminal enterprise” engaged in a form of racketeering against African-Americans.

The lawsuit, filed on behalf of the estate of Gianna Blue and 17 other plaintiffs under the federal Racketeer-Influenced and Corrupt Organizations Act (RICO), alleges that the Sheriff’s Department engages in a persistent pattern of endangering the lives of black people and ignoring their civil rights. activity that allegedly constitutes racketeering.

RICO was originally drafted by Congress to use against groups such as the Mafia, but it has been increasingly used in civil cases and in unexpected ways, such as against anti-abortion activists and in cases stemming from the savings and loan scandal.

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A Sheriff’s Department spokeswoman said department officials would not comment on the lawsuit until they have a chance to read it.

Blue, an African-American mother of four, was killed May 15 on her 30th birthday as she shopped for birthday party supplies at the the E&W; Liquor store on Century Boulevard in South Los Angeles. Two deputies outside the store fired a barrage of gunfire inside at a suspect they said was pointing a gun at them.

The suspect survived 12 gunshot wounds. Blue died of a gunshot to the chest. Witnesses said the suspect had dropped the gun outside and was unarmed when he entered the store.

The suspect later pleaded guilty to brandishing a gun and endangering the life of an officer.

“This was a blatant murder,” said Geraldine Green, the lawyer who filed the lawsuit. “We see case after case where police in white neighborhoods stay outside all night long waiting for someone with a gun to come out instead of blasting away when they can clearly see people inside.”

The racketeering law applies “just as well (to the Sheriff’s Department) as it does organized crime to the extent that (the department) is breaking laws and violating people’s rights,” she said.

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The actions of the deputies--Thomas Drake and Shannon Laren--were investigated by the department immediately after the shooting. Neither was charged with any crime.

Green, contending the investigation was a cover-up, asked the U.S. Justice Department to look into the case. An FBI investigation is nearing an end, according to FBI spokesman Jim Neilson. The results, he said, will be turned over to Justice Department officials in Washington who will decide what, if any, action to take.

Under RICO, Green will have to prove that the Sheriff’s Department is a criminal enterprise, that it has committed one of several specific crimes and that the crime was committed at least three times over a period of 10 years.

Lawyers who routinely handle police misconduct cases said they avoid RICO and instead use state and federal civil rights laws because of the extra burden of proof. Green, however, said she is confident she can prove her case.

The 17 other plaintiffs in the lawsuit are the store owner, employees and others who were inside when the shooting occurred.

In addition to $1 billion in punitive damages, the lawsuit seeks an unspecified amount of general damages. Green said she arrived at the $1-billion figure because such a large amount would deter further wrongdoing.

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