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National Police Misconduct Reporting Project

NYPD: New Use-of-Force Guidelines Issued after Highly Critical Report Released

This morning, the NYPD Office of the Inspector General (OIG) issued a report that found police leadership ignored over 35 percent of sustained excessive force complaints against its officers. This afternoon, New York Police Commissioner William Bratton announced new use-of-force guidelines to improve reporting and responsiveness. The guidelines will require NYPD officers to document and grade each use of force occurrence on duty. They also require officers to intervene if they witness a fellow officer using excessive force.

According to BuzzFeed:

The scathing [OIG] report, the first of its kind prepared by the new regulatory agency, was based on an analysis of 179 cases from 2010 through 2014 in which the Civilian Complaint and Review Board, the independent agency that investigates police misconduct, found that officers had used excessive force. The report also examined internal NYPD records for over 100 of those cases.

Among the Inspector General’s most troubling findings was the fact that top department brass declined to discipline a large portion of officers who were found to have used excess force. In 36% of the cases where independent investigators found evidence of misconduct, the police commissioner, who ultimately decides the fate of police officers accused of wrongdoing, “refused to impose any form of discipline.”

In spite of these revelations, NYPD’s largest union objected to the new reporting requirements. Patrick Lynch, president of the Patrolmen’s Benevolence Association, told BuzzFeed, “more paperwork coupled with a serious shortage of police officers and the continual second-guessing of their actions is a formula for disaster.”

The OIG also found the percentage of sustained force complaints that garnered no discipline is down considerably under Commissioner Bratton’s leadership. This decline indicates that Bratton’s NYPD is serious about addressing these entrenched problems of responsiveness, union objections notwithstanding.

As the nation’s largest police department, the NYPD often sets the operational standard (for good or ill) for many of law enforcement agencies across the country. Police departments and reformers alike will be watching closely as the NYPD implements these new guidelines.

You can read today’s OIG report here. You can read more about the new guidelines from yesterday’s preview in the New York Times. And you can read my testimony before the U.S. Commission on Civil Rights on the widespread lack of transparency regarding the use of force and officer discipline here.

Worst of the Month — August 2015

So for August it was the case of Officer Kevin McGowan.  According to news reports, Patrick D’Labik, age 18, admits to running away from the police.  He said he ran because he had some marijuana in his pocket and did not want to go to jail.  Officer McGowan caught up with D’Labik in a convenience store and the encounter was caught on the store’s surveillance tape (video at the link above).  D’Labik has his hands raised in surrender and is in the process of getting on the floor when McGowan kicks him in the face.

When police commanders saw the surveillance tape, they concluded it was unnecessary, excessive force and fired McGowan.

Wait, McGowan is now back on patrol because the city’s Civil Service Board reinstated him.

A Retired Baltimore Police Officer Speaks Out

Michael A. Wood Jr. is a retired Baltimore police officer. This morning, he tweeted a series of troubling, illegal, and disturbing incidents he witnessed while on the force. I have Storified them below. Warning: these tweets contain graphic language. You can follow him on Twitter @MichaelAWoodJr .

PC=probable cause ; CDS=controlled deadly substance (drugs)

The Samantha Ramsey Shooting


The family of Samantha Ramsey filed a federal civil rights and wrongful death suit Wednesday against Boone County Deputy Tyler Brockman and Boone County.

A grand injury declined to indict Deputy Brockman in November of last year in the death of 19-year-old Ramsey.

Attorney Al Gerhardstein, one of the attorneys on the case stated, “This deputy was not indicted or disciplined. He was wrong to jump onto the car; shoot while Samantha was slowing down; and wrong to shoot at this young lady at all before he jumped back off the hood.  Samantha’s shooing and death was completely unnecessary and avoidable.”

The lawsuit was filed in federal court in Covington.  The issues raised by the shooting match those raised in numerous other police shootings across the nation where police have killed unarmed civilians, according to a release.

The Laquan McDonald Case

From New York Times editorial:


[T]he [City] Council awarded $5 million to the family of Laquan McDonald, a black teenager who was shot 16 times by a police officer in October. The shooting spawned a federal investigation, rattled public trust and raised troubling accusations of a police cover-up. The Council’s decision to pay was made before a lawsuit was filed, but this cannot be the end of the case. The city needs to release a police dash-cam video of the shooting that it has withheld on grounds that releasing it might interfere with the federal investigation….

Over the last seven years, Chicago police have killed more 120 people. Mr. Emanuel described the reparations plan as a way to bring a dark chapter of the city’s history to a close. But, even as he spoke, federal and state investigators were combing the city for information about the McDonald shooting.

Last October, a spokesman for the police union said that officers shot the teenager because he refused drop a knife he was carrying. Witnesses have said that he was moving away from the officers and was shot while lying on the ground.

A lawyer for the family who had viewed a police video taken at the scene told the Chicago Sun-Times columnist Mary Mitchell last week that Mr. McDonald was not menacing the officers or running when he was shot and that the officer continued to fire once the young man had fallen. He further asserted that 86 minutes of surveillance video taken by security cameras at a Burger King restaurant near the scene of the shooting had gone missing and that Chicago detectives had visited the restaurant.


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.

Tulsa County Shooting

From the Tulsa World:

Robert Bates, the reserve Tulsa County deputy who fatally shot a man who was in a physical altercation with another deputy last week, has donated thousands of dollars worth of items to the Sheriff’s Office since becoming a reserve deputy in 2008.

Bates, 73, accidentally shot Eric Harris on Thursday, according to Maj. Shannon Clark, after Harris — the subject of an undercover gun and ammunition buy by the Sheriff’s Office’s Violent Crimes Task Force — fled from arrest and then fought with a deputy who tackled him. Bates, Clark said, thought he was holding a stun gun when he pulled the trigger….

First Assistant District Attorney John David Luton said Monday that the Tulsa County District Attorney’s Office had not received the case from the Sheriff’s Office but would seek to “move quickly” on a decision on possible charges against the reserve deputy once presented with the case.

Video of the shooting at the link above.

San Bernardino Deputies Filmed From News Helicopter



From the Los Angeles Times:

Charles “Sid” Heal, retired Los Angeles County sheriff’s commander

Heal, who has testified in dozens of force trials, said that when the man “fell off the horse and lay flat, he is done …. I think I am pretty conservative, given I have been in so many situations that have been misread, but I cannot see any explanation for their conduct here.”

As to the tactics, he said, the deputies exhibit almost none.

“It was like a feeding frenzy. It was like blood in the water with sharks,” Heal said. “The only thing is they thought they could get away with it.”

Adrenaline could be an explanation for the first unnecessary blows, he said.

“But it went on way too long and involved deputies who weren’t there in the initial stage; they took what we call cheap shots,” he said. “They thought they could get away with it.”

Heal said cameras capture everything today, and these deputies seemed to have forgotten that.

Public outrage over the video is shared by other law enforcement officers who believe such actions smear the badge, he said.

“Everybody I know is outraged,” he said. “This sets law enforcement back 20 years. All the things we have been saying basically get thrown out the window.”

The Walter Scott Case

My opinion piece in the Los Angeles Times:

A generation ago, when someone complained of police misconduct, we would learn that a police spokesperson denied the accusation and that was that. Because we were not there and did not know those involved, it was impossible to draw any conclusions. There was also an understandable reluctance to believe that the local department would spread falsehoods. Now more and more incidents are captured in cellphone videos, and that means citizens can judge for themselves whether the police broke the law. Smartphones are providing us with a glimpse of the widespread abuse that policymakers have been ignoring for years and changing the world of American policing….

To a certain extent, the authorities in South Carolina deserve praise for how they handled this incident. They disclosed the identity of the officer and his disciplinary record. They turned the case over to an independent agency to avoid a conflict of interest, and those investigators followed the evidence. Many people will say that the system “worked.” Did it?

Read the whole thing here.

Btw, with this case making national news, it is a good time to blast a note to all your friends and contacts about Cato’s Police Misconduct Reporting Project.  Just a quick note saying something like “check out this website–police misconduct is more common than you may realize.”  And don’t forget to Like us on Facebook.  Thank you for considering.

The Martese Johnson Case

From the Chicago Tribune:

Virginia’s governor has ordered an investigation into the arrest of a black college student from Chicago seen in photos and video with a bloody face as he was held down by an officer..

Martese Johnson, a 2012 graduate of Kenwood Academy, was charged with obstruction of justice without force and public swearing or intoxication, according to Charlottesville General District Court records.

An attorney for Johnson, Daniel P. Watkins, said Johnson was discharged from the hospital after receiving stitches.

About 1,000 students gathered at the University of Virginia campus Wednesday night to demand justice for Johnson, who attended  the event flanked by classmates.

Quick and prudent move by the governor to have the state police, an independent agency, investigate this incident.