National Police Misconduct Reporting Project

Accountability Measures Getting Talked About. Awaiting Enactment…

From the Washington Post:

More than a dozen states are considering new legislation aimed at increasing police accountability in the wake of incidents in Ferguson, Mo.; Staten Island, N.Y.; and Cleveland that left unarmed black men dead at the hands of officers.

Dozens of bills addressing body cameras for police have been filed in at least 13 states. Other proposed measures would change the way police departments report officer-involved shootings, racial profiling and the way courts deal with low-level offenders.

“There is a concrete coherent legislative agenda that we are pushing for,” said Cornell Brooks, president and chief executive of the NAACP. “We’ve been doing this from state capital to state capital, as well as here in Washington, D.C.”

Two Philly Cops Charged With Brutality

From Philly.com:

[The arrest] on May 29, 2013, was allegedly so violent that District Attorney Seth Williams on Thursday charged two Philadelphia police officers with aggravated assault, conspiracy and related crimes.

After seeing the blood, [girlfriend] Scannapieco began asking questions.

She eventually found surveillance video, at a barber shop-auto detailing business on the block, that would exonerate Rivera and lead to the arrest of the officers who prosecutors say beat him without provocation and then falsely arrested him.

“This type of behavior has absolutely no place in our city, and I will prosecute these two officers to the fullest extent of the law,” Williams said.

The accused officers, Kevin Robinson and Sean McKnight, turned themselves in to police Thursday.

Police Commissioner Charles H. Ramsey suspended the officers with intent to dismiss. Before the video of their arrest of Rivera surfaced, the officers’ account of what happened had been accepted as fact, Ramsey said….

Without the video, Rivera would have had little chance challenging the testimony of two police officers.

Post Editorial About Geer Case

From the Washington Post:

Everyone involved in this case has dropped the ball and dodged responsibility, enabling what now looks like a coverup in a case of police impunity.

 The police, who did not seek medical treatment for Mr. Geer or retrieve his body for more than an hour, falsely claimed Mr. Geer had “barricaded” himself inside his house after he was shot, then stonewalled prosecutors and the public for months.

The top prosecutor in Fairfax, Ray Morrogh, punted the case to the feds over a supposed conflict of interest involving a courthouse shouting match between Officer Torres and a rank-and-file prosecutor. That seems a far-fetched reason not to pursue the case.

The feds — first the U.S. Attorney’s Office in Alexandria, then the Justice Department’s Civil Rights Division — sat on the case for months more, saying nothing.

Fairfax’s County’s governing body, the Board of Supervisors, seems incapable of getting its own employees — namely the police and the County Attorney’s office — to conduct themselves responsibly and transparently. The supervisors have managed nothing beyond tut-tutting that things don’t look quite right and calling for a review of policies.

That mind-set seems to have infected virtually every agency in Fairfax, in addition to the feds, that should have stepped up to see that justice was done in the Geer case. The case should be presented to a jury, which can weigh Officer Torres’s account against those of other witnesses. The delay and obfuscation represent a travesty of justice

“So, where does one find the officer safety exception to the Constitution?”

Officer safety is important. Public safety is also important. Police should follow the law and respect the rights of citizens as part of their day-to-day jobs to keep both themselves and the public safer.

Over at Law and Order, a magazine for police management, three experienced leaders in law enforcement training and leadership explain the ethical and professional imperative of constitutional policing:

Federal Constitutional law governs a number of the most critical and often high-risk police actions: use of force, seizures of persons, investigative detentions and arrests, searches of persons, vehicle stops and searches, entry into private premises, and the concepts of reasonable suspicion and probable cause.

Violations of the Federal Constitution can cause evidence suppression in major cases, massive civil liability, career devastation, and even criminal prosecution of law enforcement officers. But avoidance of these horrendous negatives is not the best reason for an officer to follow the Constitution. The best reason is a shining positive: keeping faith with the oath of office.

On the day an officer takes that oath, the Constitution becomes more than a legal obligation. It becomes an ethical duty, a matter of promise keeping—keeping the most solemn promise made in a law enforcement career—to support, uphold and defend the Constitution of the United States of America.   But however lofty that promise, it is hollow—without a thorough understanding of what the Constitution requires of us.

Our training helps provide that understanding by teaching what we can and cannot lawfully do under the United States Constitution. This knowledge is a powerful tool for achieving investigative goals. It also helps us stay out of trouble. Most importantly, it empowers us to attain the ethical standards that we have so ardently pledged, adding meaning and value to our oath of office—the promise made to a community by those who police it, the promise in exchange for which one is allowed to be a police officer.

[…]

Awareness and self-discipline are the first lines of defense. Positive peer pressure must be normative and organizational discipline should enter the picture as necessary.

More demand for accountability and transparency grants us opportunities to build stronger relationships with our communities that enhance officer safety in the most comprehensive sense. This atmosphere expands trust and exposes the true villains in our communities. We are not soldiers fighting a war, but servant leaders striving to find a way to inspire others to be accountable and to participate actively in securing safety and prosperity for all law-abiding community members, including police officers.

You should read the whole thing here.

H/T: Prof. Sean Stoughton

NYC Settles Lawsuit Involving Teen Killing

From the New York Times:

The family of a Bronx teenager who was fatally shot by a police officer who had barged into his apartment after suspecting him of taking part in a drug deal has agreed to settle a wrongful-death lawsuit against the city for $3.9 million.

The agreement to settle the case, reported Friday by The Daily News, comes nearly three years after the Feb. 2, 2012, shooting of the teenager, Ramarley Graham….

A criminal case against Officer Haste collapsed in August 2013 when a Bronx grand jury chose not to indict him. An earlier case in which he had been indicted on manslaughter charges related to the shooting was dismissed by a judge on a technicality.

More on the John Geer Shooting

From the Washington Post:

How and why Geer died that afternoon in August 2013 after police responded to a domestic dispute at his home have remained a mystery, as police and prosecutors have declined to comment on the case for 17 months. But Friday night, under a court order obtained by lawyers for the Geer family, Fairfax released more than 11,000 pages of documents that shed new light on the police shooting….

Mike Lieberman, an attorney for the Geer family, said: “If this was a similar situation involving two ordinary citizens, there is little doubt that any individual who shot an unarmed man who was holding his hands up in the air and claiming that he did not want to hurt anyone would have been arrested and charged.

“Within days of the shooting, the police department, at the highest levels, knew of the gross discrepancies between Officer Torres’s version of the events and the accounts provided by every other eyewitness.”

According to the report, the local prosecutor was unable to get information from the police department about the officer who shot Geer.  Why did the police department withhold the information?  Hmm.

Problems in Cleveland

From the Cleveland Plain Dealer:

Of the nearly $8 million the city of Cleveland has paid in the past decade to resolve allegations of police misconduct, more than $630,000 went to people who said they were wrongfully arrested — charged with crimes they didn’t commit or jailed for having the same names as suspects.

Today, Northeast Ohio Media Group and The Plain Dealer Publishing Co. examine some of these cases, culled from more than 100 lawsuits that ended in settlements or judgments against the city. They include complaints of unprovoked beatings, of needlessly mistaken identities and of insensitivity.

The allegations, while often disputed by the city, are similar to those recently cited by U.S. Justice Department investigators as evidence that Cleveland officers too often abuse their powers.

Police Arrest Public Defender

San Francisco Public Defender Jami Tillotson was arrested by police officers in the hallway of a courthouse for “resisting arrest.”  The false arrest was captured on tape.  Tillotson made the work of the police inconvenient, but that is not a crime.  Yet,  it is telling that the police think it is.  And if the police are willing to arrest a public defender in a courthouse hallway while being videotaped, what sort of illegal searches, detentions, and arrests occur in the neighborhoods?

More here.

Problems in Minneapolis

From the Minneapolis Star Tribune:

The Minneapolis Police Department must revamp its system for identifying and weeding out problem officers if it hopes to regain public confidence, according to a new U.S. Department of Justice report.

A full version of the report, prepared by the Justice Department’s Office of Justice Programs, was released Wednesday at a community meeting at police headquarters. The study comes at a time of heightened scrutiny of police conduct, following a series of high-profile police encounters across the country….

But several speakers at the meeting said the recommendations didn’t go far enough.

Longtime civil rights activist Spike Moss said federal officials had previously intervened, but had little to show for it. He wondered whether this time would be any different.

The Tamir Rice Case

From the New York Times:

Within two seconds of the car’s arrival, Officer Loehmann shot Tamir in the abdomen from point-blank range, raising doubts that he could have warned the boy three times to raise his hands, as the police later claimed.

And when Tamir’s 14-year-old sister came running up minutes later, the officers, who are white, tackled her to the ground and put her in handcuffs, intensifying later public outrage about the boy’s death. When his distraught mother arrived, the officers also threatened to arrest her unless she calmed down, the mother, Samaria Rice, said.

Officers Garmback and Loehmann did not check Tamir’s vital signs or perform first aid in the minutes after he was shot. But Officer Garmback frantically requested an emergency medical team at least seven times, urging the dispatcher to “step it up” and to send medical workers from a fire station a block away. It would be eight minutes before they arrived.