Arrest and Detention: News and Publications

California Jury Returns $2.5M Verdict Against County in Jail Death

On August 30th, 2017, a McKinleyville federal jury returned a $2.5 million verdict against Humboldt County for the death of Daren Borges, whose right to adequate medical care was held to be violated by three correctional officers who failed to have him medically evaluated despite the apparent and well-documented extremity of his methamphetamine intoxication, self-harming behavior and known history of schizophrenia.

Unjust: LGBTQ Youth Incarcerated in the Juvenile Justice System

Author: 
Movement Advancement Project
Publisher: 
Movement Advancement Project

"'Unjust: LGBTQ Youth Incarcerated in the Juvenile Justice System'" examines how LGBTQ youth who are incarcerated in juvenile detention and correctional facilities face bias in adjudication, and mistreatment and abuse in confinement facilities. LGBTQ youth also lack supportive services when leaving the criminal and juvenile justice systems, often forcing them back into negative interactions with law enforcement.

Given that nearly 40% of incarcerated girls in identify as LGB and 85-90% of incarcerated LGBTQ youth are youth of color, it is crucial that any effort to change the way youth in the United States engage with the juvenile justice system must consider the unique experiences of LGBTQ youth. This spotlight report highlights the experiences of LGBTQ youth incarcerated in the juvenile justice system."

Where Is The State? Creating and Implementing State Standards for Law Enforcement Interactions With Youth

Author: 
Rhonda McKitten & Lisa Thurau
Publisher: 
Strategies for Youth

"In professions where adults are in regular contact with children–such as health care, education, and day care—the state is heavily involved in setting and enforcing clear standards. Law enforcement officers are the gatekeepers for the justice system. They determine who is arrested, who is not, and who enters into the juvenile justice system and these decisions can dramatically and permanently alter a youth’s educational and professional opportunities. Given the magnitude and long-term impact of encounters between youth and law enforcement, there is no reason why law enforcement agencies and officers are not subject to the same levels of accountability, training and guidance."

Family of Unarmed Texas 19-Year-Old Killed by Police Officer to Receive $850K Settlement

On May 22nd, 2017, the City Council of Arlington, Texas approved a settlement in the amount of $850,000 to the family of Christian Taylor, who was 19 in 2015 when he was shot and killed by a police officer investigating a vehicular burglary. A lawsuit was not filed, and Taylor's family worked with the city to negotiate a settlement for the shooting.

County of Los Angeles v. Mendez, et al.

"The central purpose of 42 U.S.C. § 1983 is to “give a remedy to parties deprived of constitutional rights, privileges and immunities by an Official’s abuse of his position.” Monroe v. Pape, 365 U.S. 167, 172 (1961). Petitioners’ proposed rule—that the reasonableness of Fourth Amendment seizures be evaluated without regard to any facts but those at the exact moment an officer applies force—flies in the face of this purpose, as well as the Court’s longstanding precedent.  If adopted, this rule would prevent innocent parties injured or killed by police during a stop or arrest from presenting any evidence of the officers’ conduct leading up to the moment of violence, even if that earlier conduct was a violation of well-established constitutional law. This Court should reject the Petitioners’ reductionist, outcome-oriented approach, and affirm that Section 1983 Fourth Amendment claims are to be evaluated under the totality of the circumstances, using ordinary principles of proximate cause."

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