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."