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WSJ: Police Misconduct Costs Soar

From the Wall Street Journal:

The cost of resolving police-misconduct cases has surged for big U.S. cities in recent years, even before the current wave of scrutiny faced by law-enforcement over tactics.

The 10 cities with the largest police departments paid out $248.7 million last year in settlements and court judgments in police-misconduct cases, up 48% from $168.3 million in 2010, according to data gathered by The Wall Street Journal through public-records requests.

Those cities collectively paid out $1.02 billion over those five years in such cases, which include alleged beatings, shootings and wrongful imprisonment. When claims related to car collisions, property damage and other police incidents are included, the total rose to more than $1.4 billion.

Minneapolis Paid $10.7 Million in Lawsuits

From kare1.com:

When allegations of police misconduct move from the street to the courtroom — more often than not, Minneapolis has to pay.

KARE 11 requested numbers from the City of Minneapolis and found since January 2010, Minneapolis has dealt with 141 “Officer Conduct lawsuits.” The city won 51 of them — either at trial or when a judge dismissed the case.

But the city had to pay money in 90 of those cases — settling 86 times — and losing four trials.

In that time — Minneapolis has paid $10.7 million for officer conduct lawsuits. That includes two years — 2011 and 2013 — when the city had to pay more than $4 million each year….

In 2011, Minneapolis paid nearly $2.2 million to he family of Dominic Felder, who died in 2006 — shot seven times by two officers.

And in 2010, David Smith died after police used a Taser and held him down outside the downtown Minneapolis YMCA. Minneapolis settled with his family in 2013 for nearly $3.1 million.

A key point here:

David Harris said in his research, one alarming thing he’s found is the lawsuits don’t always lead to a change in police department policies.

Apps for Recording the Police

From Wired:

With smartphones, we the citizens have in our pockets the power to hold our government responsible. Apps are cropping up to make it easier to videotape incidents like this. And organizations like the Electronic Frontier Foundation and National Lawyers Guild are working to make sure we, the people with cameras in our hands, know our rights under the law.

First of all, it’s important to state up front that it is completely within a US citizen’s constitutional rights to record interactions with police officers, according to the ACLU. The EFF has created a guide for knowing your legal rights to digital property. Unless you are on private property, you have the right to photograph, film, or record anything in plain sight. Officers are not allowed to confiscate this material—or even search your cell phone—without a warrant. Yet, law enforcement frequently confiscates these recordings, while harassing, detaining, and arresting those who fail to comply.

Fraternal Order of Police Opposes Bad Cops

James Pasco, executive director of the National FOP, as quoted in today’s Wall Street Journal:

The fact of the matter is no self-respecting member of the law enforcement community holds any brief for a bad cop.

Of course.  It would be news if Mr. Pasco would have said the opposite.  Yet, too often police unions lobby against measures that would bring greater accountability to the bad cops.

 

Settlement in Civil Rights Lawsuit

From Reuters:

The Los Angeles County Board of Supervisors approved an accord on Tuesday with the U.S. Justice Department to settle findings that the country’s largest sheriff’s department systematically harassed and intimidated low-income minority residents….

The report concluded that county sheriff’s deputies, along with authorities in the towns of Lancaster and Palmdale, routinely targeted blacks and Hispanics in a “pattern and practice” of unlawful traffic stops, raids and excessive force.

Freddie Gray Funeral

From the Baltimore Sun:

In a funeral service Monday that was both personal and political, family, friends and strangers alike said farewell on Monday to Freddie Gray, the Baltimore man whose death from injuries sustained in police custody has sparked a national furor…

[S]peaker after speaker drew both cheers and tears.

“The eyes of the country are all on us,” former judge and Gray family attorney William “Billy” Murphy told the crowd. “They want to see if we have the stuff to get this right.”

Murphy denounced “the blue wall” that he said protects police from accountability.

“Let’s don’t kid ourselves. We wouldn’t be here today if it wasn’t for video cameras,” he said of the cellphone recordings made by bystanders of Gray’s arrest on April 12. “Instead of one cover-up behind that blue wall after another cover-up behind that blue wall … and one lie after another lie, now we see the truth as never before. It’s not a pretty picture.”

Gray was transported in a van to the Western District police station, emerging with what turned out to be a severed spinal cord and crushed voicebox, dying a week later.

Here is a Cato Institute podcast interview with Billy Murphy about police tactics, minorities, and constitutional rights.

Problems in Oakland Police Department

From Bay City News:

Oakland police officers who are fired for misconduct are reinstated at arbitration hearings 75 percent of the time because department officials and the city attorney’s office do a poor job of handling the cases, a report says.

San Francisco attorney Ed Swanson compiled the report at the request of U.S. District Court Judge Thelton Henderson, who is supervising the Oakland Police Department’s slow progress in complying with a police misconduct lawsuit settlement in 2003 that requires the department to implement 51 reforms in a variety of areas….

Swanson criticized the Oakland City Attorney’s Office for what he said is its “neglect and indifference and handling of police disciplinary cases and arbitration” because it doesn’t prepare well for them. He also said the relationship between the Police Department and the City Attorney’s Office has been “dysfunctional.”

The Freddie Gray Case

From CNN:

More than a week after Freddie Gray was arrested in Baltimore, and a day since he died, authorities are still scrambling to find out exactly what happened and why.

“I’ll tell you what I do know, and right now there’s still a lot of questions I don’t know. I know that when Mr. Gray was placed inside that van, he was able to talk. He was upset. And when Mr. Gray was taken out of that van, he could not talk, and he could not breathe,” Baltimore Deputy Police Commissioner Jerry Rodriguez told reporters Monday.

He spoke the same day an autopsy was done on the body of Gray, which showed that he died from a severe injury to his spinal cord. “What we don’t know, and what we need to get to, is how that injury occurred,” Rodriguez said.

The Gray family has retained a great attorney, Billy Murphy.  Go here for a Cato podcast interview with Mr. Murphy about police tactics and constitutional rights.

Chicago Plans Reparations Fund For Torture Victims

From the New York Times:

[T]he City Council this week began considering a $5.5 million reparations package for scores of victims of abuse and torture by the police here in the 1970s and ’80s under the watch of a notorious police commander, Jon Burge. Mayor Rahm Emanuel announced his support this week for the long-sought reparations, which would include a memorial and a formal apology for the mostly black South Siders who have described being shocked with cattle prods, beaten with phone books and suffocated with plastic bags to compel confessions.

The cases involving Mr. Burge and a group of officers under his command had haunted Chicago and its Police Department for years….

[Mayor Rahm] Emanuel this week described Mr. Burge’s actions as a disgrace, adding, “We stand together as a city to try and right those wrongs and to bring this dark chapter of Chicago’s history to a close.”

Worst of the Month — March

For March, it has to be the conspiracy to frame an innocent man, Douglas Dendinger, in Bogalusa, Louisiana.

Mr. Dendinger agreed to take on the task of a “process server.”  That is, he would hand-deliver legal papers to a person who has been sued–putting that person on notice about the legal action.  In this instance, Mr. Dendinger was to serve papers upon a former police officer, Chad Cassard, who was being sued for police brutality.  Mr. Dendinger found Mr. Cassard as he was leaving the local courthouse and made the delivery.  At that moment, Mr. Cassard was in the company of several police officers and prosecutors.  These people became hostile and furious with Mr. Dendinger over what this lawsuit would mean for their friend/colleague.

Then the story takes a bizarre and disturbing turn.  Later that day, the police arrive at Mr. Dendinger’s home and place him under arrest on several charges, including two felonies (1) obstruction of justice and (2) witness intimidation.   Mr. Cassard and a few of his cohorts claimed that Mr. Dendinger had served the papers in a violent fashion.  Mr. Dendinger was in very serious legal trouble.  He was looking at many years in prison.

Fortunately, a cell phone video of the “incident” emerged.  Turns out, Mr. Dendinger did nothing wrong.  All he did was peacefully hand-deliver an envelope to Mr. Cassard.  The charges were then dropped.

But we now know that local police and prosecutors leveled false accusations about what happened that day.   Had the case proceeded to trial, it would have been Mr. Dendinger’s word against several witnesses with law enforcement backgrounds.  A jury would have been hard pressed to disbelieve several witnesses who claimed to see the same thing.  A miscarriage of justice was narrowly averted.

The cell phone video exposes an outrageous criminal conspiracy by officials in Bogalusa.  More here.