“Corral’s reckless chase was in pursuit of someone suspected of soliciting prostitution. The whole business was kicked off by the suspect offering to pay an undercover female cop posing as an adult sex worker.
Police put in danger the lives of countless people in order to arrest someone for trying to have consensual but non-state-sanctioned sex.”
“In 2023, the Military Police in Brazil recorded having killed 6,296 people (approximately 17 people per day)—eight times the U.S. police lethality rate—yet evidence points to the actual number being much higher. The overwhelming majority of the victims are black, poor, young, male, uneducated, and living in the urban peripheries.”
…
“As Brazil’s militarized policing has continued to expand, so have the gangs’ control and influence. Brazilian authorities seized 72.3 tons of cocaine in 2023. Gangs have bought, threatened, and manipulated elections, politicians, and members of the judiciary. Last year, 3,238 people were found to be enslaved by gangs, and gangs have control of entire cities and the prison system. They have major stakes in real estate, mining, petroleum, casinos, and cryptocurrency, valued at billions of dollars. There have been hundreds of cases of police working directly for organized crime, including as contract killers, creating an incentive against eliminating criminality.”
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“Most of the weapons used by Brazilian police come from U.S. suppliers. This includes the Colt M4 carbine, the Mossberg 590A1 shotgun, the Browning M2 machine gun, various sniper rifles, night vision systems, armored vehicles, and helicopters—all American-made.
The gangs also use American weapons, sold to intermediaries without strong checks by U.S. manufacturers (and very often provided by police officers involved with gangs and militias). These U.S. weapons were once legally sold by the U.S. government to the Brazilian police.”
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“The U.S. State Department, along with the FBI, has provided various training programs and exercises with the Brazilian military police. One of these programs, promoted by both the Trump and Biden administrations, the “Rapid Response to Active Shooters Course,” began in 2019 and is meant to “quickly and effectively respond to attacks involving shooters in public spaces.” In the overwhelming majority of police killings in Brazil, officers and their precincts insist that they “were met with gunfire,” despite many prominent cases showing that the police shot first.”
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“Today’s Military Police is a remnant of Brazil’s military dictatorship, which was also supported by the U.S. State Department, the FBI, and the CIA during the Cold War. Then, the Military Police was used as a political hammer to bludgeon political opponents, union leaders, and any Communist threats. The U.S. government produced local anti-Communist propaganda while funding and arming the state’s death squads. U.S. agencies also trained the Military Police to use some of the most extreme tactics still in use today.
A democratic Brazil has done little to reform the Military Police’s ruthless and repressive practices, with continued U.S. backing. Last year, the U.S. State Department gave $11.7 million to the Brazilian security state, returning to Bush-era numbers despite little progress made. The overwhelming majority of U.S. security assistance went to Brazilian law enforcement, financially rewarding ineffective policing.”
“Qualified immunity allows government officials to avoid liability even in cases where courts find that they violated the plaintiffs’ constitutional rights. Defenders of qualified immunity say it protects police from frivolous lawsuits, but in practice it also short-circuits credible allegations of civil rights violations before they ever reach a jury.”
“If the Ninth Circuit applies that same reasoning after it hears the case this week, it would deal a serious blow to the Fourth Amendment’s privacy protections in other contexts. In effect, that would say that as long as law enforcement has at least one legitimate reason for cracking open the safe deposit boxes, agents of the state are free to engage in all manner of rights violations without the targets having any legal recourse. It would be equivalent to saying that if the owner of a parking garage is suspected of a crime, all the cars (and the contents of those cars) stored there could be forfeited by the government.
“If the FBI can get away with this here, it’s a green light for the government to try the same ruse again throughout the country,” warns Johnson. “And it’s not just safe deposit boxes. The government could pull the same trick with storage lockers, hotels, even apartment buildings.””
“”Following the Sept. 11, 2001, terrorist attacks, FBI agents unsuccessfully attempted to pressure a group of innocent Muslims, including Muhammad Tanvir, to become informants for the Bureau,” notes the Institute for Justice (I.J.), which filed an amicus brief in Tanvir v. Tanzin. “Tanvir and the others—who were all either American citizens or lawful permanent residents—declined to become informants, because doing so goes against their sincerely held religious beliefs. FBI agents then harassed the group and placed them all on the No-Fly List.”
The Center for Constitutional Rights acts as co-counsels for the plaintiffs alongside the CUNY School of Law’s CLEAR Clinic. They sued under the Religious Freedom Restoration Act (RFRA) on the grounds that the plaintiffs’ Muslim faith forbids them to inform on coreligionists. The defendants—FBI agents who put Tanvir and the other plaintiffs on the no-fly list—protested that the RFRA doesn’t provide for monetary damages against government officials who violate rights, but the U.S. Supreme Court ruled otherwise in an important 2020 decision written by Justice Clarence Thomas.”
…
“In 2021, The Intercept’s Murtaza Hussain wrote about Aswad Khan’s mistreatment by the FBI when he refused to be an informant. That same year, Ahmad Chebli, a U.S. citizen, described a similar ordeal.
“Agents threatened my family and me,” he wrote. “They said that if I didn’t agree to become an informant, my family would be investigated, my wife and I could be arrested, my children could be taken away, and my wife’s immigration status could be at risk.”
Chebli was finally removed from the No Fly list after the ACLU sued on his behalf.
Watchlists aren’t supposed to be used this way. In 2014, a federal district judge declared the byzantine process for people to challenge their inclusion on the no-fly list unconstitutional and ordered better guarantees of due process. But as Chebli’s case demonstrates, it’s easy for the government to put people on the lists and then pull them off years later only after they’ve gone through the hassle and expense of filing a federal lawsuit—if they ever do. With no further consequences, that leaves administrative tools like the No Fly List available for ongoing abuse.”
“While Mills’ claims and the video she recorded are chilling, she faces an uphill battle in receiving restitution due to the specter of qualified immunity, the legal doctrine that protects government officials from civil liability even when their actions are unconstitutional.”
“Derek Chauvin, the policeman who killed George Floyd in Minneapolis in 2020, had a history of citizen complaints and was thought to be “tightly wound,” not a trait ideal for someone patrolling the streets with a deadly weapon. But under the police union’s collective bargaining agreement, the police commissioner lacked the authority to dismiss Chauvin, or even reassign him. The lack of supervisory authority resulted in harms that continue to reverberate in American society.”
“Units like these don’t just suffer from a lack of transparency and use tactics likely to spawn violence. Their rhetoric attracts “police officers who enjoy being feared,” Balko notes, and it positions these officers as both elite and beyond the normal rules. There are all sorts of horror stories about similar units, such as Detroit’s STRESS unit (“Over a two-year period, the units killed at least 22 people, almost all of them Black”) or Los Angeles’ CRASH unit (“More than 70 officers were implicated in planting guns and drug evidence, selling narcotics themselves and shooting and beating people without provocation”).
Memphis has now disbanded the SCORPION squad.”
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“This is far from the first time that police have drastically misrepresented the way things went down before surveillance footage or body camera videos showed that they weren’t telling the truth. To distill this to its essence: Police lie. They lie to protect themselves. They like to give their activities a more noble sheen. They lie to dehumanize those they arrest or aggress against. And yet members of the media often take cops at their word and move on.”
“During the summer of 2020, the federal government seemed poised to offer some sort of reform to qualified immunity, the legal doctrine that shields local and state government actors—not just police—from facing federal civil suits when they violate someone’s constitutional rights, so long as the way they infringe on the Constitution has not been “clearly established” in prior case law. That explains, for example, why two cops who allegedly stole $225,000 while executing a search warrant could not be sued for that act: While we would expect most people to know that was wrong, there was no court precedent that said theft under such circumstances was a constitutional violation.
It’s an exacting standard that can defy parody in the ways in which it prevents victims of government abuse from seeking damages in response to government misconduct. In the case of Tyre Nichols, for example, it’s quite plausible that the officers who killed him could be convicted of murder and still receive qualified immunity—a testament to how disjointed and unforgiving the doctrine can be.”
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“Those skeptical of qualified immunity reform typically cite an uneasiness about bankrupting officers. They can take heart that cities indemnify their employees against such claims, meaning the government pays any settlement. It’s certainly an imperfect solution in terms of holding individual bad actors accountable, but it gives victims of state abuse an outlet to achieve some semblance of reparation. Make it so any settlements come out of a police pension fund, and you’ve created a major incentive for departments to excise its consistently problematic actors.”
“In January 2016, Mesa police responded to a report of a man pointing a rifle out of a hotel window. It was in fact Shaver showing a pellet gun that he used at his exterminator job to a couple other hotel guests in his room.
Police ordered Shaver out of the hotel room and onto the ground, with his hands behind his head. But instead of handcuffing Shaver, officers—bizarrely—started barking confusing and contradictory orders at him to crawl toward them. As a clearly terrified and drunk Shaver tried to crawl toward the police, he appeared to reach toward his waistband to pull up his sagging shorts. A Mesa officer, Philip Mitchell Brailsford, shot Shaver five times with an AR-15, killing him.”
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“In 2017, a jury acquitted Brailsford of second-degree murder and reckless manslaughter. This is because juries are instructed to judge officers not by how a normal civilian would respond, but by how a reasonable police officer is trained to respond to a threat, real or imagined. As Reason’s Jacob Sullum wrote, the acquittal showed that cops on trial benefit from a double standard: “Unlike ordinary citizens, they can kill with impunity as long as they say they were afraid, whether or not their fear was justified.””
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“Brailsford indeed challenged his termination, and in response, the city cut a special deal that allowed him to be temporarily re-hired so he could retire with medical benefits and a disability pension. Brailsford claimed that killing Shaver and his subsequent prosecution gave him post-traumatic stress disorder. Because of this, he will receive a monthly pension check of $2,569.21 for the rest of his life, courtesy of Mesa taxpayers.”