Tag: criminal justice
Police: Last Week Tonight with John Oliver (HBO)
Justice Department Finds Massachusetts Drug Squad Regularly Uses Excessive Force and Covers It Up
“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”
…
“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.”
…
“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.””
Dallas Cops Who Joked About Pinning a Man to the Ground Until He Stopped Breathing Get Qualified Immunity
“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.”
…
“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.”
Trump’s Actions in Portland Mesh With His Political Message
“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.”
…
“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.”
All Enforcers Are Cops
“”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.”
Footage of Partial Blindings During Anti-Police Brutality Protests Contradicts Cops’ Reports
“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.”
Only 4 NYPD Cops Have Been Disciplined So Far for Violence Against Protesters
“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.”
…
“”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.””
How police unions became so powerful — and how they can be tamed
“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.”
…
“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.”
…
“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.”
“It’s ideologue meets grifter”: How Bill Barr made Trumpism possible
“In any other administration, the firing of a US attorney who had been conducting investigations of the president’s allies would be scandalous. But this is not a typical administration and this is not a typical Department of Justice. Under Barr, the DOJ has become a political instrument for the president. Whether it’s misleading the public about the Mueller report or using tear gas to disperse peaceful protesters so that Trump could stage a photo op, or trying to fire Berman, Barr has repeatedly sacrificed the dignity of his office in order to please his boss.”
…
“He believes the president should be more powerful than Congress and the courts. In his mind, that’s the only thing that can keep the country safe when it is threatened by war, natural disaster, or economic collapse.”
…
“it’s funny watching interviews with him. He’s very measured in how he speaks, but what he is saying is very far right and deeply conservative across the board. And his actions are extraordinary, at times unprecedented, for an attorney general, from dispatching National Guard troops from multiple states all over DC, to setting up a command bunker where he oversaw all of that, to removing prosecutors and pushing for lower sentences for the president’s allies. He speaks carefully but his actions are anything but measured.”