Arrest and Detention: News and Publications

Behind the Badge: Adid Protests and Calls for Reform, How Police View Their Jobs, Key Issues and Recent Fatal Encounters Between Blacks and Police

Author: 
Rich Morin, Kim Parker, Renee Stepler & Andrew Mercer
Publisher: 
Pew Research Center

"The wide-ranging survey, one of the largest ever conducted with a nationally representative sample of police, draws on the attitudes and experiences of nearly 8,000 policemen and women from departments with at least 100 officers. It comes at a crisis point in America’s relationship with the men and women who enforce its laws, precipitated by a series of deaths of black Americans during encounters with the police that have energized a vigorous national debate over police conduct and methods.
Within America’s police and sheriff’s departments, the survey finds that the ramifications of these deadly encounters have been less visible than the public protests, but no less profound. Three-quarters say the incidents have increased tensions between police and blacks in their communities. About as many (72%) say officers in their department are now less willing to stop and question suspicious persons. Overall, more than eight-in-ten (86%) say police work is harder today as a result of these high-profile incidents."

Also see: http://www.pewresearch.org/fact-tank/2017/02/08/a-closer-look-at-police-...

Investigation of the Chicago Police Department

Author: 
United States Department of Justice Civil Rights Division
Publisher: 
United States Department of Justice Civil Rights Division

"The pattern of unlawful force we found resulted from a collection of poor police practices that our investigation indicated are used routinely within [the Chicago Police Department].  We found that officers engage in tactically unsound and unnecessary foot pursuits, and that these foot pursuits too often end with officers unreasonably shooting someone—including unarmed individuals.  We found that officers shoot at vehicles without justification and in contradiction to CPD policy.  We found further that officers exhibit poor discipline when discharging their weapons and engage in tactics that endanger themselves and public safety, including failing to await backup when they safely could and should; using unsound tactics in approaching vehicles; and using their own vehicles in a manner that is dangerous.  These are issues that can and must be better addressed through training, accountability and ultimately cultural change."

Also see: http://chicagoreporter.com/justice-department-report-on-chicago-police-a...

$2.25M Settlement for Family of Cleveland Woman Asphyxiated During Police Restraint

In 2014, Tanisha Anderson, a 37-year-old Cleveland woman afflicted with schizophrenia and bipolar disorder, was suffering an episode when her family called the police. When Officers Scott Aldridge and Bryan Myers arrived, a struggle ensued and Anderson was placed in the back of a police car. Her hands were cuffed behind her back and one of the officers pushed his knee into her back. Anderson asphyxiated, and the Cuyahoga County Medical Examiner's Office ruled her death a homicide.

Political Prisoner Oscar Lopez Rivera's Sentence Commuted by Barack Obama

Before leaving office, President Barack Obama issued a record number of commutations and pardons, including granting the release of Puerto Rican independence activist Oscar López Rivera. Lopez Rivera, now 74, has spent more than half of his life incarcerated due to a "seditious conspiracy" conviction. US prosecutors accused the Fuerzas Armadas de Liberación Nacional group, of which Rivera was a member, of carrying out 140 bombings on military bases and other government installations. López Rivera has always denied involvement in any fatal attacks.

Settlement of $4M for Woman Jailed for 4 Years Before Charges Dropped

In a false imprisonment and malicious prosecution case litigated for over a decade, this month New York City finally settled with Maria De Lourdes Torres for $4 million. The settlement provides approximately $1 million for each year Torres was jailed at Rikers Island before the murder charges brought against her were dropped in 2007.

Ziglar v. Abbasi, et al.

"...whether Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), provides a cause of action for Respondents' claim that the punitive and abusive mistreatment inflicted upon them while they were detained in a federal correctional facility was unconstitutional. The breadth of the Petitioners' position is startling. They claim that no Bivens remedy is available because this case involves high-level policy decisions and touches on issues of national security and immigration. That proposed rule would effectively immunize tens of thousands of federal officers, and large swaths of federal law enforcement activity, from damages, no matter how egregious the officers' conduct... This Court should reject that extreme position and affirm the critical importance of a Bivens remedy in deterring unconstitutional conduct and enforcing constitutional rights."

$614K Settlement for Excessive Force Following Illegal NYPD Stop-and-Frisk

In July 2016, New York City agreed to pay $614,500 to Jateik Reed in settlement for his brutal 2012 beating in the Bronx by 42nd Precinct NYPD officers. Reed was 19 in January 2012 when he and several friends were stopped and frisked; when Reed questioned the legality of his detainment, officers began beating him with their batons.

White v. Condict

"Pursuant to state law, petitioner David White, a convicted sex offender, was required to update his home address with the local authorities when he moved. White did so—he reported his move to 927 Upland Street. But the clerk at the police station im-properly entered his address as 920 Upland. When law enforcement could not locate him at 920 Upland, White was charged with failure to report. Respond-ent Newton Condict, White’s parole officer, arrested White. Officer Condict knew that White had moved and had properly registered his new address, but Condict failed to disclose this information to the prosecutor. White spent eight months in jail awaiting trial—at which he was ultimately acquitted. The question presented is: Whether police officers have a clearly established duty to disclose exculpatory information." [from the Petition]

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