Tag: police misconduct

Police Misconduct — The Worst Case in October

Over at Cato’s Police Misconduct web site, we have selected the worst case for the month of October.

It was the case from Owasso, Oklahoma.  Officer Michael Denton was charged with excessive force for beating a motorist with the butt of a shotgun.  The reason why this matter is arguably the worst case from last month is because this is the very same officer who was fired for excessive force for elbowing an inmate in the face.  An arbitrator later reversed that dismissal and in February Denton was awarded $280,000 in back-pay.

So it is not just a problem officer here.  The system for getting rid of problem officers seems broken.  If Denton does not go to prison, will he be reinstated again?  We will be watching with interest.

Cato will be hosting a conference on Policing in America on December 1. 


Third Circuit Reinstates Muslim Discrimination Suit against the NYPD

Yesterday, in a case called Hassan v. The City of New York, the Third Circuit Court of Appeals reinstated a lawsuit accusing New York City of violating the 1st and 14th Amendment rights of Muslim-Americans in New Jersey under a sprawling and ineffective NYPD surveillance dragnet.

The ruling overturns a decision by the United States District Court for the District of New Jersey dismissing the suit for lack of standing and for failing to state a claim.

In layman’s terms: the district court, without a trial or the presentation of evidence, ruled that the plaintiffs weren’t harmed unjustifiably, that they hadn’t alleged sufficient wrongdoing by the police, and that they had no right to sue.  The Third Circuit ruling rejects those determinations and the case will now move forward at the district court.

An Associated Press investigation uncovered the NYPD program in 2011 and detailed the immense breadth of the NYPD’s surveillance efforts against the Muslim community in several states.  Police officers and informants infiltrated dozens of mosques. Police installed surveillance cameras so that Muslim-owned businesses, places of worship, and residences in New Jersey could be surveilled remotely. The NYPD even sent undercover officers to infiltrate Muslim student organizations at out-of-state universities such as Yale and the University of Pennsylvania, including one field trip to go whitewater rafting.  Those agents recorded the names of the students, how often they prayed, and what they talked about.  The NYPD is alleged to have “generated reports on every mosque within 100 miles of New York City.”

Despite the cost and the seemingly boundless geographic and jurisdictional scope of the spying program, there is little evidence of success.  In fact, the now-defunct “Demographics Unit,” a central component of the program, generated no convictions or, according to one agent deposition, even any tangible leads in more than a decade of operation.

Police Misconduct — The Worst Case in September

Over at Cato’s Police Misconduct website, we have identified the worst case for the month of September.  This one goes to the Chicago Police Department, and, in particular, to the officers responsible for arresting George Roberts.

Here’s the background: CBS Chicago reports on a lawsuit filed by Roberts against the City of Chicago.  According to Roberts, he was falsely arrested and roughed up by the police following a traffic stop.  Roberts says the abuse of power began once the officers discovered that he worked for the Independent Police Review Authority, which investigates police misconduct.  Mysteriously, several police cameras were shut down, contrary to department policy.  Here is an excerpt from the news story:

Roberts said he was initially stopped for a minor traffic violation, but was then pushed in the back by one of the officers and forced to the ground. He said in the lawsuit that an officer shouted, “Don’t make me [expletive] shoot you.”

But “when the (officers) turned off the dash camera, things got worse,” his attorneys write in the lawsuit.

Roberts, who was handcuffed and placed in the back of a police vehicle, complained that the handcuffs were too tight, according to the lawsuit. The 6-foot-3, 315 pound man says that, instead, it would have have been appropriate for officers to use multiple handcuffs strung together for someone of his size.

He says in the lawsuit that one of the officers responded to his complaints: “What are you going to tell me next, you can’t breathe?” — an apparent reference to Eric Garner, a New York City man who died in 2014 as a result of a police choke hold.

Roberts also says he was told “that’s your fault,” when he pointed out that his weight made the single set of handcuffs painful.

Read the whole thing.  Roberts was suspended from his job while criminal charges were pending, but after his acquittal, he was able to return to work.  The Chicago Police Department had no comment on Roberts’ acquittal or his lawsuit.


Police Misconduct — The Worst Case in July

Over at Cato’s Police Misconduct web site, we have selected the worst case for the month of July.  It was the case involving Officer Eric Paull.

Paull worked as a sergeant for the Akron Police Department.  He also taught a course on criminal justice at the University of Akron.  One of his students was a single mom.  According to news reports, the woman (name withheld) says they started a romantic relationship.  But after a year or so, that relationship turned ugly and violent.  After he beat her up on a Thanksgiving holiday, Paull told her that he was legally “untouchable.”

She believed him–so she did not file a complaint right after the beating.  Instead, she just tried to avoid him.  But Paull stalked her and her boyfriends, using police databases to discover addresses, phone numbers, and vehicle information.  Paull would also text pictures of himself holding his gun and leave bullets on their automobiles.  There were threats to kill the woman and her boyfriend.  The woman did lodge complaints with the police and would later obtain a protective order, but the police department seemed indifferent.  Paull would not stop.

Finally, after months of harassment, Paull was charged with stalking, aggravated menacing, felonious assault, and burglary, among other charges.  His trial is expected to begin in a few weeks.

Paul Hlynsky, the police union leader, says he will try to have Paull back on the police force if he can avoid a felony conviction.

Police Misconduct — The Worst Case in May

Over at Cato’s Police Misconduct Reporting Project, we have identified the worst case for the month of May.  It was was the death of Matthew Ajibade.

Ajibade’s girlfriend called the police because he was having a bipolar episode.  Georgia deputies arrested Ajibade but then took him to the jail instead of a hospital.  At the jail, he was placed in a restraint chair.  Deputies reportedly fired stun guns at him while he was restrained in the chair and then left him unattended in an isolation cell.  Ajibade, 22, died and the coroner now says it was homicide

Nine deputies were fired over the incident and a criminal investigation is on-going.

Chicago Police Department Needs Reform

It’s been a rough month for the Chicago Police Department (CPD). 

First came the revelations from Spencer Ackerman and The Guardian about a CPD warehouse at Homan Square that was, according to detainees, defense attorneys, and civil rights advocates, operating as a “black site” where detainees were held for hours and aggressively interrogated without ever being officially entered into the system or given access to their attorneys. While the police and others dispute this characterization, one complaint seems to be that the abuses at Homan Square could be found at any police facility in Chicago.  Not exactly a resounding defense of CPD practices.  Last week the commander of the Homan Square facility, Nicholas Roti, resigned.

This week, the ACLU of Illinois released a troubling report about the use of Stop-and-Frisk in Chicago.  Stop-and-Frisk is the controversial practice, made infamous by the NYPD which has been ordered to halt it, of stopping large numbers of (especially African American and Hispanic) men on the street without probable cause and frisking them for contraband.  The ACLU report concludes that the CPD’s use of this practice is even broader and more Constitutionally-suspect than the NYPD program.

Police Officers Must Keep the Cameras Rolling

Recently released dash camera footage of an arrest in St. Louis, Missouri offers an example of the disturbing flippancy with which cameras can be turned off during police interactions with the public.

According to a police report, on the evening of April 10, 2014, officers Nathaniel Burkemper and Michael Binz stopped a silver Ford Taurus after it made an illegal U-turn and “abruptly parked.” Only minutes earlier, 911 operators had received calls reporting shots fired. One of the calls mentioned a silver car with big rims.

Footage from the dash camera on Burkemper and Binz’s cruiser shows that shortly after the Ford Taurus pulls over, Binz moves to the passenger side of the vehicle, where he searches and handcuffs the passenger. Burkemper speaks to the driver, Cortez Bufford. Burkemper filed a report stating that he smelled marijuana and that both Bufford and his passenger did raise their hands when asked. However, Bufford reportedly “became agitated.” From the St. Louis Post-Dispatch:

Bufford “became agitated,” Burkemper wrote, refusing to give his name and reaching for a pants pocket before the officer warned him to keep his hands in view. Bufford refused orders to get out. Burkemper called for backup when Bufford became “increasingly hostile.”

The report says Binz told Burkemper he had found two bullets in the passenger’s pocket. Burkemper then ordered Bufford out again, saying he was under arrest. Bufford unlocked his door, but refused to exit.

The dash camera footage shows officers pulling Bufford from the car. Then, at least seven officers are involved in kicking, tasing, and subduing Bufford while he is on the street. According to Burkemper’s report, once Bufford was on the street he struggled and reached for his pocket. The  Post-Dispatch reports that Binz “recovered a Kel-Tec 9mm semi-automatic pistol with four rounds in the magazine and one in the chamber.”