“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.”
“The New York Times has looked over video footage showing the NYPD responding to protesters (some of which they gathered from Doucette’s feed) and found case after case of officers shoving, beating, and violently assaulting people who do not appear to be engaging in illegal behavior or, often, even resisting the police. They looked at 60 incidences of troubling behavior by NYPD officers in just the first 10 days of protests.
In one video, in less than a minute, the same police officer harshly shoves an unresisting protester to the pavement, pushes a cyclist, and then picks up and body slams a third protester who was standing and pointing at the gathered police officers as they were apparently breaking up a protest. In another, police beat a man on the ground after chasing him, and one even steps on the man’s neck, notable given that Floyd died from having an officer kneel on his neck for several minutes.
The Times looked over video of police just randomly lashing out and shoving people as they walked by them. They found a video of police officers slamming a man to the ground after he had been arrested and they were leading him away. They found video footage of an NYPD officer grabbing a man and hurling him into a parked car, but not arresting him, and just leaving his body on the street.
And despite the constant refrain from police that these are “isolated incidents,” the Times found behavior repeating itself and multiple examples of each questionably violent response from police.
The Times acknowledges that the videos lack full context, and we don’t see what happened before or after these violent outbursts. But they also note that the city’s policing guidelines order officers to use only the amount of reasonable force “necessary to gain control or custody of a subject.”
An NYPD spokesperson told the Times that four officers have been disciplined for their conduct during the protests in late May and early June, and the department is investigating 51 other instances of possible protest-related police misconduct. The spokesperson declined to actually watch or respond to any specific videos. The Police Benevolent Union that represents most NYPD officers also declined to respond to the Times.”
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“”A lot of this was ‘street justice,'” Philip M. Stinson told the Times. Stinson is a criminologist at Bowling Green University and a former police officer who focuses on studying police use of forces. He saw many of these cases as “gratuitous acts of extrajudicial violence doled out by police officers on the street to teach somebody a lesson.” He described some of the tactics he saw as “sloppy” and “downright criminal.””
“Department of Homeland Security (DHS) agents and U.S. marshals dressed in military gear and brandishing large weapons have been stationed in Portland since around the start of the month, per an executive order from President Donald Trump. The feds are allegedly there to protect national monuments and guard against potential domestic terrorism.
Instead, this deliberately intimidating gaggle of outside “law enforcement” officers has been agitating peacefully assembled people who are merely exercising their constitutional rights. This has included shooting one man directly in the head with an impact munition of some sort (sending him to the hospital and necessitating facial reconstruction surgery) and, reportedly, forcing protesters into unmarked vans.
According to an internal Homeland Security memo, “federal agents facing backlash for their militarized approach to Portland were not specifically trained in riot control or mass demonstrations,” The New York Times reports.
That doesn’t bode well for the idea that they were sent in with mitigation in mind.
Despite federal agent actions last week, large Portland protests continued over the weekend…
…and so did federal agents acting in unnecessarily hostile and abusive ways ”
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“Portland Mayor Ted Wheeler told CNN on Sunday that “they’re not wanted here, we haven’t asked them here, in fact we want them to leave.””
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“Oregon Gov. Kate Brown has suggested the feds’ presence was a “deliberate effort to provoke.” She told The Washington Post “that her contacts with Trump administration officials about the situation had convinced her that ‘they are not interested in problem solving,’ and this has ‘nothing to do with public safety.'””
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“Oregon’s Department of Justice is suing the DHS, the U.S. Marshals Service, U.S. Customs and Border Protection, and the Federal Protection Service. The lawsuit, filed in federal court on Saturday, alleges that “they seized and detained Oregonians without probable cause,” explains Oregon Attorney General Ellen Rosenblum.”
“Police unions in general have become the most vocal interest group opposing criminal justice reforms and especially reforms to police discipline and use of force. Historically, they have, unlike most unions, been profoundly conservative institutions that uphold a particular white ethnic, “law and order”-focused variant of right-wing politics. They have been among Donald Trump’s most fervent allies; Kroll spoke at a Trump rally in 2018, and the International Union of Police Associations has already endorsed Trump for reelection.
The foregrounding of police unions’ role in the warping of American law enforcement has also prompted some difficult conversations on the left. The presence of a segment of a union movement that’s unapologetically right-wing and hostile to Black communities has tested the limits of solidarity from more left-wing unionists.
As long as police forces exist, police unions will exist in some form as well, even if just as political pressure groups. It is therefore natural to think that reforming police unions in some way must be part of the broader agenda of changing policing in America. They are among the biggest stakeholders in the way the system works now; without addressing their power, other reforms may never get off the ground.”
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“Most police union experts I spoke with, though, fell in the middle: They believe that police unions can be usefully reformed without being abolished.
There are a number of possible models for this kind of reform. The organization Campaign Zero, co-founded by activists DeRay Mckesson and Samuel Sinyangwe, has been a leader in pushing for police union contract transparency; much of the research above relies on contracts they’ve surfaced publicly.
They recommend a bevy of contract changes, most of which involve removing provisions included in many union contracts or state laws known as Law Enforcement Officers’ Bills of Rights (LEOBRs), which provide similar protections to police officers as contracts do but are implemented as state legislation instead. Problematic provisions in contracts and LEOBRs include mandates that delay interrogations of officers (as Rushin highlighted), the ability to appeal to an arbitrator partially chosen by the police union, and bans on investigating misconduct that happened more than 100 days in the past.
Rushin has proposed allowing the public to observe collective bargaining between the police and state governments. That way, the public can exert pressure on city leaders not to yield to police union demands about discipline. A 2017 Reuters investigation found that in a number of cities, such as San Antonio, city leaders have given police unions concessions as an explicit trade-off for not offering high pay or limiting pay cuts. “If that trade-off is publicly visible, that our failure to compensate is causing cities to give significant concessions on discipline,” Rushin notes, then public pressure might force the city to increase police salaries rather than reducing accountability.”
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“Suppose that a FedEx deliveryperson pushed you onto the sidewalk, causing a head injury when you fell. The deliveryperson would be liable in a civil suit, and so would FedEx. But it’s different with government. Qualified immunity generally protects police officers and other public employees from lawsuits; meanwhile, a principle called “vicarious liability” protects police departments and city governments from such lawsuits. Fisk argues that Congress should reverse Monell and allow governments to be held liable for police officers’ misconduct.
The most dramatic reform, short of outright abolishing collective bargaining rights for police unions, is one that Harvard’s Sachs suggested sympathy toward and the Boston Globe has editorialized in favor of: limiting police unions to simply bargaining on wages and hours, not on discipline. This change is already the law in Massachusetts. (Fisk argues this would go too far. “There’s two sides to the contract; why are we focused only on what unions are asking for rather than focusing on what cities are asking for?” she says.)
Reforming police unions is hardly the only important task in efforts to reform the police generally. But there is an emerging consensus that something significant has to change in these organizations. If not, they will remain unaccountable lobbies that frustrate even mild efforts to reform police departments and save the lives of unarmed civilians.”
“When San Francisco police raided journalist Bryan Carmody’s home last year, in a misguided (and illegal) search attempting to track down a leaker, none of the event was captured on police body camera.
This turns out to be by design. A newly released memo reveals that a lieutenant with the investigative services detail specifically told police at the scene, following a captain’s orders, that officers were not to use their body cameras for the operation. The only explanation provided in the two-paragraph memo was that the “footage could compromise the investigation.””
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” Body cameras, when properly and carefully implemented, are helpful tools for police transparency and accountability. But they’re used inconsistently. Sometimes officers individually decide to turn them off, but here we see leaders purposefully ordering police not to record an investigation. That’s a problem.”
“Cops pull over 20 million motorists a year—by far the most common form of police interactions with the American people. Those encounters occasionally end violently and tragically. Consider the cases of Darrius Stewart, Samuel DuBose, Philando Castile, and Maurice Gordon, all of whom were shot during routine traffic stops. Gordon was killed by a New Jersey state trooper just last month.
Those traffic stops often evolve into drug searches, which carry serious Fourth Amendment concerns. They also disproportionately impact black and Hispanic people. (Blacks are four times more likely to be arrested for drug offenses and 2.5 times more likely to be arrested for drug possession, though whites use drugs at comparable rates.) Those with fewer means are more likely to be fined, arrested, and shuffled through the legal system, notwithstanding the fact that they’re less able to afford getting trapped in that cycle.
In Colorado and Washington, where marijuana has been legalized, search rates at traffic stops have dramatically declined, a testament to how often those arbitrary searches are tied to drug laws that have no impact on traffic safety.”
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“traffic safety doesn’t necessarily need to be enforced by the police. “Don’t use a hammer if you don’t need to pound a nail,” writes economist Alex Tabarrok at Marginal Revolution. “The responsibility for handing out speeding tickets and citations should be handled by an unarmed agency. Put the safety patrol in bright yellow cars and have them carry a bit of extra gasoline and jumper cables to help stranded motorists as part of their job—make road safety nice.”
It’s a worthy idea. But it’ll be tough to get state and local governments to accept it. Police departments, many of them furnished with weapons fit for a battlefield, often act as revenue raisers for the cities in which they serve.
“A Police Executive Research Forum report on St. Louis law enforcement found that local governments within the county were using police to ‘plug revenue gaps’ by running up the number of traffic citations, which coincided with many low-level arrests,” writes Derek Thompson in The Atlantic. “As one St. Louis County resident told the report’s authors: ‘It’s no secret that a lot of these municipal police officers are only supposed to be revenue drivers for their cities.'””
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“We could minimize such encounters just by having fewer laws. “Things like the war on drugs, they’ve given police officers multiple reasons to be present in [minority] communities,” Reason’s Zuri Davis recently told the Washington Examiner’s Siraj Hashmi. That “gives rise to a lot more interaction—and negative interaction.” If we want fewer innocent people to die at police officers’ hands, we need to cut back on the encounters that keep spiralling into such deaths.”
“discretionary DOJ grants to state and local law enforcement agencies will now be conditioned on whether police departments have obtained (or are in the process of obtaining) credentials certifying that they meet certain training standards. The credentialing process will emphasize use-of-force and deescalation trainings, and department policy must prohibit chokeholds — unless an officer’s life is at risk — in order to meet certification standards.”
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“The second major provision of the order states that the Justice Department will create a national database to track misconduct by police officers, and that discretionary funding will be available only to those law enforcement agencies that provide the requested information. Additionally, the DOJ will “regularly and periodically make available to the public aggregated and anonymized data from the database.””
“police killings are not the whole story. The protests, and all the policy recommendations that have come with them, are pushing back against other systemic problems too.
Some of those injustices are specific and quantifiable: shootings, unfair traffic stops, arbitrary arrests. Others are vague but no less concerning: feeling you have no recourse for complaints about police, the calculus that can go into the decision to call 911, the sense that an investigation into a reported crime won’t be prioritized, the nervousness and fear that must be tamped down as one works to stay calm and keep an officer calm — all while wondering if you are living your final moments.
Not all of these problems can be measured. The number of police killings per year is a statistic that can be tabulated and broken down into easily digested parts: killings per region, per department, per time of day, per ethnicity. But how police make people feel is not quite as easily captured in data. There are ways to try — surveys asking whether officers make one tense or whether one trusts law enforcement — but such questions offer limited insight into what is causing those results or what effect they have.
Meanwhile, the issues behind the answers to those surveys do have a clear effect: They leave many black Americans frustrated with and fearful of police.”
“The GOP bill requires additional disclosures about the use of force, codifies reporting requirements on the use of “no knock warrants,” provides incentives for chokehold bans and makes lynching a federal crime.
The Democratic proposal, led in the Senate by Booker and Harris, would ban chokeholds and no knock warrants in federal drug cases. It would also limit qualified immunity for police officers to make it easier to sue police — something Democrats argue is key to holding police officers accountable for misconduct, but which most Republicans won’t consider.”