Pubdate: Thu, 01 Jun 2006
Source: Fayetteville Observer (NC)
Copyright: 2006 Fayetteville Observer
Contact:  http://www.fayettevillenc.com/
Details: http://www.mapinc.org/media/150
Author: Associated Press
Bookmark: http://www.mapinc.org/heroin.htm (Heroin)

N.C. FATHER SEEKS LIABILITY FOR DRUG DEALERS

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 of Wilmington, with the help of state Sen. Julia 
Boseman, has proposed a bill that would allow families, employers, 
acquaintances or even individual narcotic users to sue dealers for 
economic, mental and physical damages. Under the bill, a dealer 
doesn't have to be responsible for the 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 illegal 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 liberal-leaning American Civil Liberties Union of North Carolina 
opposes the bill. In a letter to lawmakers, the organization said the 
measure was 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 since 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. An Illinois father scored a 
landmark judgment under the law in 2004 by winning $16 million from 
three dealers for the death of his 17-year-old son. It was the first 
time since the law went into place in 1996 that a plaintiff had been 
awarded money.

However, as the ACLU noted, judgments are rarely paid by dealers 
since their assets are often untraceable cash.

No lawmakers opposed the measure during the preliminary hearing, 
although some said afterward that they would closely review the 
proposal. Senators did not vote on the bill and are expected to 
reconsider it next week.

"We're hoping that this will deter others from entering drug 
dealing," said Boseman, a Democrat who represents Thompson's district 
in New Hanover. "We're losing our children to this."
- ---
MAP posted-by: Beth Wehrman