Angels Flight

“infomercials” and frequent “impromptu” but cleverly orchestrated press conferences on the steps of the U.S. District Courthouse, Elias always cast himself as a watchdog, a lone voice crying out against the abuses of a fascist and racist paramilitary organization known as the LAPD. To his critics – and they ran from the rank and file of the LAPD to the offices of the city and district attorneys – Elias was a racist himself, a loose cannon who helped widen the fractures in an already divided city. To these detractors he was the scum of the legal system, a courtroom magician who could reach into the deck at any place and still pull out the race card.
    Most often Elias’s clients were black or brown. His skills as a public speaker and his selective use of facts while employing those skills often turned his clients into community heroes, emblematic victims of a police department out of control. Many in the city’s south neighborhoods credited Elias with single-handedly keeping the LAPD from behaving as an occupying army. Howard Elias was one of the few people in the city who could be absolutely hated and fervently celebrated in different quarters at the same time.
    Few who revered Elias understood that his entire practice was built around one simple piece of the law. He filed lawsuits only in federal court and under provisions of the U.S. civil rights codes that allowed him to bill the city of Los Angeles for his fees in any case in which he was victorious in court.
    The Rodney King beating, the Christopher Commission report excoriating the department in the wake of the King trial and subsequent civil unrest, and the racially divisive O. J. Simpson case created a shadow that stretched over every case Elias filed. And so it was not particularly difficult for the lawyer to win cases against the department, convincing juries to award at least token damages to plaintiffs. Those juries never realized that such verdicts opened the door for Elias to bill the city and its taxpayers, themselves included, hundreds of thousands of dollars in fees.
    In the dog bite lawsuit, which became Elias’s signature case, the jury found that the rights of the plaintiff had been violated. But since that plaintiff was a burglar with a long track record of prior arrests and convictions, the jury awarded him only one dollar in damages. Their intent was clear, to send a message to the police department rather than to make a criminal wealthy. But that didn’t matter to Elias. A win was a win. Under the federal guidelines he then submitted a bill to the city for $340,000 in legal fees. The city screamed and audited it, but still ended up paying more than half. In effect, the jury – and the many before and since – believed they were delivering a rebuke to the LAPD, but they were also paying for Elias’s half-hour late-night infomercials on Channel 9, his Porsche and his Italian courtroom suits, his opulent home up in Baldwin Hills.
    Elias, of course, was not alone. There were dozens of attorneys in the city who specialized in police and civil rights cases and mined the same federal provision allowing them to extract fees far in excess of the damages awarded their clients. Not all were cynical and motivated by money. Lawsuits by Elias and others had brought about positive change in the department. Even their enemies – the cops – could not begrudge them that. Civil rights cases brought about the end of the department-approved use of the choke hold while subduing suspects – after an inordinately high number of minority deaths. Lawsuits had also improved conditions and protections in local jails. Other cases opened and streamlined means for citizens to file complaints against abusive police officers.
    But Elias stood head and shoulders above them all. He had media charm and the speaking skills of an actor. He also seemed to lack any criteria when it came to choosing his clients. He represented drug dealers who claimed to have been abused by their interrogators, burglars who stole from the poor but objected to being beaten by the police who chased them down, robbers who shot their victims but then cried foul when they in turn were shot by police. Elias’s favorite line – used as a tagline on his commercials and whenever cameras were pointed at his face – was to say that abuse of power was abuse of power, regardless of whether the victim was a criminal. He was always quick to look into the camera and declare that if such