Tag: police misconduct

Police Misconduct — The Worst Case in May

Over at Cato’s Police Misconduct web site, we have selected the worst case for the month of May.  It was the case of one Shane Mauger.  Over a period of about 10 years, this former police officer told lies to obtain search warrants and would then falsify police reports by under-reporting any cash that he seized during those raids.

Now, because of his corruption, officials cannot tell how many of his previous cases were based on valid police work and how many were based upon dishonest work.  Many cases are being reviewed and thrown out.

Federal investigators discovered other corrupt officers in the same Reynoldsburg, Ohio police department.  Former officer Tye Downard was arrested in February for dealing in narcotics.  Shortly after his arrest, Downard committed suicide in his jail cell.

Police Misconduct — The Worst Case in March

Over at Cato’s Police Misconduct web site, we have selected the worst case for the month of March.  It’s the scandal plagued Sheriff’s Office in Iberia Parish, Louisiana.

Sheriff Louis Ackal and Lt. Col. Gerald Savoy were indicted last month for criminal civil rights violations.  Eight former deputies have already pled guilty to similar charges.  False testimony in court and false allegations in official documents.  Hundreds of criminal cases are now being reopened because they could be tainted by corrupt acts.  The now former deputies admit that they lied in various reports, including search warrant applications.

The scope of this scandal is worth repeating: hundreds of cases will have to be reexamined.

Go here for the full story.

Federal Judge Curtails Right to Record Police

In a confounding ruling that breaks with a general consensus among federal courts, federal District Court Judge Mark Kearney of the Eastern District of Pennsylvania has ruled that recording police officers is not protected by the 1st Amendment unless the recorders are making an effort to “challenge or criticize” the police.  On Judge Kearney’s logic, standing silently and recording the police is not sufficiently expressive to warrant 1st Amendment protection.

The reasoning behind this distinction is bizarre, and is out of step with rulings in several federal circuits that recording police in public is constitutionally protected without regard for whether the recorder is attempting to make a statement or issue a challenge to law enforcement.  

A couple quick takes from civil liberties scholars disputing Judge Kearney’s attempt to distinguish the facts of this case:

 Radley Balko’s take at The Washington Post:

 Under Kearney’s standard, most of the citizen-shot videos of police abuse and shootings we’ve seen over the past several years would not have been protected by the First Amendment. In the overwhelming majority of these videos, there’s none of the “expressive conduct” Kearney apparently wants to see from the camera-wielder. In many of them, the police officers are never made aware that they’re being recorded. That’s how some of these videos were able to catch the officers lying about the incident in subsequent police reports.

I suppose you could argue that recording something as noteworthy as a police shooting or an incident of clear brutality would be self-evidently an act of either expression or news-gathering. But judging from his opinion, it’s far from clear that Kearney would make this distinction. It’s also hard to see how he could. It would mean that whether or not your decision to record the police is covered by the First Amendment would be dependent on whether the recording itself captures the police violating someone’s rights or doing something newsworthy. Even the courts often disagree over what is and isn’t a violation of someone’s constitutional rights (this ruling itself is as good an example as any). And “newsworthiness” is of course a highly subjective standard. You could make a strong argument that both of the events in these two cases — an anti-fracking protest and a 20+ officer police response to a house party — are plenty newsworthy.

 And over at Volokh Conspiracy, Eugene Volokh notes:

 [T]he court held, simply “photograph[ing] approximately twenty police officers standing outside a home hosting a party” and “carr[ying] a camera” to a public protest to videotape “interaction between police and civilians during civil disobedience or protests” wasn’t protected by the First Amendment.

I don’t think that’s right, though. Whether one is physically speaking (to challenge or criticize the police or to praise them or to say something else) is relevant to whether one is engaged in expression. But it’s not relevant to whether one is gathering information, and the First Amendment protects silent gathering of information (at least by recording in public) for possible future publication as much as it protects loud gathering of information.

Your being able to spend money to express your views is protected even when you don’t say anything while writing the check (since your plan is to use the funds to support speech that takes place later). Your being able to associate with others for expressive purposes, for instance by signing a membership form or paying your membership dues, is protected even when you aren’t actually challenging or criticizing anyone while associating (since your plan is for your association to facilitate speech that takes place later). The same should be true of your recording events in public places.

The ACLU has already announced an appeal, which would give the 3rd Circuit Court of Appeals an opportunity to knock down the strange distinction drawn by Judge Kearney.

The ability of individuals to record police in public without fear of reprisal is an essential mechanism for injecting transparency where it is sorely lacking, for holding the government accountable for misconduct, and in many cases for protecting good police officers from misattributed blame.

 For more of our work on recording police, check out this video:

Police Misconduct — The Worst Case in December

Over at Cato’s Police Misconduct web site, we have identified the worst case for the month of December.  It involved the shooting of a man in Paradise, California.

According to news reports, here’s what happened:  Andrew Thomas was seen leaving the parking lot of a bar and his vehicle didn’t have its lights on – even though it was late at night.  Officer Patrick Feaster suspected the driver (Thomas) might be intoxicated and so pursued Thomas to pull him over and investigate further.

No problem so far.  We want police to be alert for impaired drivers who may endanger other people.

Next, Thomas did not pull over after Feaster was behind him with his police lights flashing.

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.