Lone Candle
Champion of Truth
“One could make a libertarian case for government mask mandates during a pandemic, on the grounds that no one has an inherent right to cough deadly pathogens on another person. But that theoretical case has to be weighed against the reality of policing in America, where cops frequently resort to petty and overaggressive enforcement.”
“The ACLU’s complaint, filed on behalf of the Portland Mercury, eight journalists, and two observers working with the ACLU, alleges that federal agents stationed at the Mark O. Hatfield U.S. Courthouse have joined local police in violating those principles. On July 12, for instance, federal officers shot photographer Mathieu Lewis-Rolland 10 times with “impact munitions” that left “severe lacerations, welts, and bruises all over his upper body.” According to the Geneva Guidelines on Less-Lethal Weapons and Related Equipment in Law Enforcement, such projectiles “should generally only be used in direct fire against the lower body of a violent individual when a substantial risk exists of immediate serious injury to either a law enforcement official or a member of the public.”
The complaint alleges many similar abuses by Portland police, including the gratuitous use of tear gas and rubber bullets, unprovoked beatings, unlawful arrests, and other interference with activities protected by the First Amendment. The ACLU says the plaintiffs who have suffered such abuse were clearly identified as journalists or legal observers.
The lawsuit also complains that Portland police have routinely violated Simon’s June 9 order barring them from using tear gas at the protests except when “the lives or safety of the public or the police are at risk.” Simon said tear gas should not be used simply “to disperse crowds where there is no or little risk of injury.” Portland Mayor Ted Wheeler, who is also the police commissioner, got a taste of his own medicine on Wednesday night, when he was gassed by federal officers while vainly trying to show protesters that he was united with them in opposing the Trump administration’s response to the demonstrations.
The protests in Portland have been happening every day since May 28, three days after a Minneapolis police officer suffocated George Floyd. The federal officers, who according to an internal memo have not been trained in controlling riots or mass demonstrations, were deployed by the Trump administration this month, ostensibly to protect the courthouse and other federal property. But as Nancy Rommelman notes, the federal presence seems to have inflamed the situation, provoking the vandalism and assaults on the courthouse that the administration now cites to justify its involvement.”
“Officials from US Border Patrol and other federal agencies, most of whom are not well-trained for handling mass demonstrations, have shot protesters in the head with “less lethal” munitions, launched tear gas, and arrested citizens far from federal property after stalking them in unmarked vehicles.
The problem for Trump, though, is that the seductive logic of quelling demonstrations using immense force has proven faulty. More of Portland’s residents are on the streets now than before federal agents arrived, and violent incidents have ticked upward, not downward. Despite those results, the Trump administration shows no signs of changing course in Portland, and may even export the strategy to other major American cities like Chicago.”
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“That’s right. What we need to do in handling these protests, then, is really understand not only how crowds function but also how crowds react to what the police do. What we have right now is law enforcement agencies under the Department of Homeland Security in Portland just ignoring everything we know about how to do protest policing right.”
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“Portland is a fascinating case study because the intensity of the protests and the numbers out on the streets had decreased pretty substantially before federal law enforcement showed up. Object throwing, fire setting, graffiti — all that increased dramatically after federal authorities arrived. So I don’t think anybody can make the argument that the federal authorities came to town and made things better.”
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“these events are best handled by local authorities, not federal ones. The reason why is actually quite simple: If local police are playing the game correctly, they should already have a relationship with the leaders of the protest movement as well as other social justice groups.
The hope is that having those kinds of relationships prevents the situation from spiraling in the first place. But if it does start to go wrong, authorities can leverage those preexisting relationships to simmer things down pretty quickly.”
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“No credible authority figure on policing protests is suggesting police shouldn’t arrest people who are engaged in violence or property damage. In fact, it’s the opposite: When people are engaged in that type of behavior, they need to be arrested and preferably now, not later.”
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“The most potent form of communication the police can engage in, then, is to let protesters know they will facilitate a protester’s right to be there and behave peacefully and lawfully. However, the message should get across that those among the crowd who choose to engage in violence and property damage will be arrested.
That just needs to be a routine and repeated message. And if an arrest is made, authorities need to tell the crowd why they detained someone, because otherwise misinformation will spread.”
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“Demonstrations usually have moderate protesters in them, people who are generally peaceful, law-abiding, and aren’t prone to engaging in violence or property damage. Of course, there are also typically some anarchists or people ready to cause trouble. The moderates and troublemakers may not agree on tactics, but they at least share a cause.
If law enforcement attacks the group as a whole for the actions of a few troublemakers, the moderates can start to embrace — or at least understand or appreciate — the strategies of those who are more radical. At that point, the crowd psychology shifts.
This is a key point, and where my recommended approach really comes into play: Law enforcement should want to avoid that shift. You want the moderates to stay moderate. You don’t want the fleeting social identities of the moderates to start to drift toward the social identities of the radicals.
The way I put this for police officers to understand is: “You need to win hearts and minds.” You’re not going to succeed with the radicals who are engaging in property damage, of course, but you just might win over the majority of the crowd.”
“A police narcotics unit in Springfield, Massachusetts, regularly uses excessive force on suspects, including punching them in the face, and frequently fails to document the incidents or falsifies reports, the Justice Department’s Civil Rights Division said in a report”
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“The report also found it was “not uncommon for Narcotics Bureau officers to write false or incomplete narratives that justify their uses of force.”
Justice Department investigators cited one instance where an injury report of an arrestee only noted “small cuts to the face.” However, pictures of the man “clearly show severe contusions and dark bruising on the right side of his face, a large black eye, a gash on the bridge of his nose, and additional abrasions on the left side of his face and the left side of his nose.”
Because of rampant underreporting of use-of-force incidents, the use of vague language to obscure the extent of injuries, and the outright falsification of police reports, the Justice Department concluded that excessive force incidents were likely more widespread than the many violations captured in its report.
And there was little to no discipline for officers involved in those civil rights violations. Because of poor reporting requirements, lax supervisor oversight, and lazy internal affairs reviews, the report found that there was not a single sustained excessive force finding against a member of the narcotics team over the past six years.”
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“The Justice Department’s investigation of the Springfield Police Department is notable because it is, so far, the only probe of an entire police department launched by the Justice Department under Trump.
The Obama administration launched a record number of so-called “pattern or practice” investigations into systemic civil rights violations by police departments, including in Baltimore, Chicago, and Ferguson, Missouri.
However, the Trump Justice Department, especially under former Attorney General Jeff Sessions, backed away from the aggressive use of these investigations. Sessions said he never read the Justice Department’s scathing report on civil rights violations by the Chicago Police Department, but he nevertheless said such investigations unfairly maligned whole police departments and improperly used the power of the federal government to coerce municipal governments into court-enforced settlements, called “consent decrees.”
U.S. Attorney for Massachusetts Andrew Lelling said in a Justice Department press release that the Springfield Police Department and the city “have fully cooperated with this investigation and have made clear their commitment to genuine reform.””
“On a Monday night in August 2016, Tony Timpa, a 32-year-old Dallas resident, called 911 to report that he was “having a lot of anxiety” about a man he feared would harm him. Timpa mentioned that he had received several psychiatric diagnoses—schizophrenia, depression, bipolar disorder, and anxiety disorder—but had not taken his medication that day. After police arrived in response to that call and other reports of a man behaving erratically near 1728 West Mockingbird Lane, Timpa yelled, “You’re gonna kill me!” He was right.
Timpa, who had already been handcuffed by a security guard, died while being pinned to the ground face down by several police officers for about 15 minutes, during which time he pleaded with them to stop and cried for help over and over again. The officers, while intermittently showing signs of compassion, joked about Timpa’s predicament and the possibility that they had killed him.
This week, in a decision that vividly illustrates how difficult it is to hold cops accountable for misconduct under a federal statute that authorizes lawsuits against government officials who violate people’s constitutional rights, a federal judge granted qualified immunity to those officers. Whether or not they violated Timpa’s Fourth Amendment rights, U.S. District Judge David Godbey ruled, the law on that point was not “clearly established” on the night he died.
The circumstances of Timpa’s death are broadly similar to what happened when George Floyd was suffocated by Minneapolis officers on May 25, a horrifying incident that provoked nationwide protests and calls for police reform. One of the proposed reforms is the abolition of qualified immunity, a court-invented doctrine that blocks federal civil rights claims when plaintiffs cannot identify sufficiently specific precedents. Godbey’s decision shows how formidable that barrier is.”
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“Recall that the cops ostensibly were there to help Timpa, who was obviously freaking out and according to his family was “suffering drug-induced psychosis.” The officers clearly recognized that Timpa was intoxicated, since they repeatedly asked him what drug he was on, and he told them he had taken cocaine. Yet they proceeded to restrain him for 15 minutes in a position that made it difficult for him to breathe. Given the circumstances, Timpa’s “resistance,” which the officers repeatedly described as “squirming,” was perfectly understandable. Godbey’s framing suggests that someone who panics because he is being smothered to death thereby justifies the use of force that caused him to fear for his life.”
“Tom Ridge, the former governor of Pennsylvania who was the first person to serve as secretary of Homeland Security, also condemned Trump’s actions.
”The department was established to protect America from the ever-present threat of global terrorism,” Ridge, a Republican, told the radio host Michael Smerconish. “It was not established to be the president’s personal militia.”
Ridge said it would be a “cold day in hell” before he would have consented as a governor to what is taking place. “I wish the president would take a more collaborative approach toward fighting this lawlessness than the unilateral approach he’s taken,” he said.”
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“The focus of the Trump administration in recent days has been on Portland, where there have been nightly protests for weeks denouncing systemic racism in policing. In the last few days, federal agents from the Department of Homeland Security and U.S. Marshals, traveling in unmarked cars, have swooped protesters off the street without explaining why, in some cases detaining them and in other cases letting them go because they were not actually suspects. The protests have increased in size since the arrival of federal officials.
Trump’s deployment of federal law enforcement is highly unusual: He is acting in spite of local opposition — city leaders are not asking for troops — and his actions go beyond emergency steps taken by some past American leaders like President George H.W. Bush, who sent troops to quell Los Angeles in 1992 at the request of California officials.”
“”Every new law requires enforcement; every act of enforcement includes the possibility of violence,” Yale Law School’s Stephen L. Carter wrote in 2014 after New York City cops killed Eric Garner during a confrontation rooted in suspicion that he was illegally selling loose cigarettes.
Every violent enforcement action, I’ll add, involves enforcers acting through a filter of flaws and prejudices.”
“At least eight people across the country were hit in the face with rubber bullets and other less-lethal projectiles during the May 30 anti-police brutality protests that erupted after the death of George Floyd. Videos of these partial blindings, which challenge official statements put out by the various police departments, were released yesterday by The Washington Post.
While many of the departments involved claimed to have deployed rubber bullets, tear gas, and other less-lethal munitions to disperse protesters who were throwing objects at officers, footage from the incidents show many people who were partially blinded posed no “obvious threat” to police.”