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Topic: We could use a Police Abuse sticky - Part 3 - Zombie Edition (Read 9917 times) previous topic - next topic

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Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #500
I think it's more that the military has pretty restrictive ROE in many cases rather than a "I'D RATHER BE JUDGED BY 12 THAN CARRIED BY 6!!!!" immediate escalation mentality that pervades a lot of cops. So the ex-military people have actually been trained in assessing a situation and deescalation where possible rather than "charge in, shoot first, cover up and plant evidence later"

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #501
http://www.al.com/opinion/index.ssf/2018/02/dont_gut_civil_asset_forfeitur.html

Quote
Meanwhile, sending the proceeds of forfeiture to the state's General Fund would result in fewer busts of drug and stolen property rings. What incentive would local police and sheriffs have to invest manpower, resources and time in these operations if they don't receive proceeds to cover their costs?
I dunno, maybe the incentive of doing your fucking job?

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #502
http://www.al.com/opinion/index.ssf/2018/02/dont_gut_civil_asset_forfeitur.html

Quote
Meanwhile, sending the proceeds of forfeiture to the state's General Fund would result in fewer busts of drug and stolen property rings. What incentive would local police and sheriffs have to invest manpower, resources and time in these operations if they don't receive proceeds to cover their costs?
I dunno, maybe the incentive of doing your fucking job?
It always bothers me when the conversation turns to a defense of piracy. I mean, what incentive would robbers have if we had an adequate safety net? Looks like a defense of piracy to a neolib or neocon.
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

  • RAFH
  • Have a life, already.
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #503
http://www.al.com/opinion/index.ssf/2018/02/dont_gut_civil_asset_forfeitur.html

Quote
Meanwhile, sending the proceeds of forfeiture to the state's General Fund would result in fewer busts of drug and stolen property rings. What incentive would local police and sheriffs have to invest manpower, resources and time in these operations if they don't receive proceeds to cover their costs?
I dunno, maybe the incentive of doing your fucking job?
Or just the thrill of it. Some people like being cops, not because they are service oriented or noble in any way, they just like to have power and to be able to intimidate people if not actually hurt or kill them. Plus, who's to know what they confiscated, officially or otherwise. A lot of stuff can get lost on the way to the property room. And, apparently, once in the property room.
Are we there yet?

  • RAFH
  • Have a life, already.
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #504
http://www.al.com/opinion/index.ssf/2018/02/dont_gut_civil_asset_forfeitur.html

Quote
Meanwhile, sending the proceeds of forfeiture to the state's General Fund would result in fewer busts of drug and stolen property rings. What incentive would local police and sheriffs have to invest manpower, resources and time in these operations if they don't receive proceeds to cover their costs?
I dunno, maybe the incentive of doing your fucking job?
It always bothers me when the conversation turns to a defense of piracy. I mean, what incentive would robbers have if we had an adequate safety net? Looks like a defense of piracy to a neolib or neocon.
If nobody owned anything, what would there be to steal?

Funnily enough, the people with the most wealth are the least likely to be robbed. Might get scammed more that the average joe, but not robbed.
Are we there yet?

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #505
http://www.chicagoreporter.com/chicagos-pattern-of-withholding-evidence-in-police-misconduct-cases-keeps-getting-worse/
Quote
It looks like the ongoing scandal involving the city law department's repeated failure to turn over evidence in police misconduct cases is just getting worse and worse.

Attorneys suing the city are now seeking judicial sanctions in two cases.  In one, which I wrote about here a year ago, the city has already been sanctioned once.

In the other, a 2014 lawsuit by Aretha Simmons and her family alleges that police entered their home illegally and held a 3-year-old girl and her grandmother at gunpoint. The city has admitted it should have turned over "unit files" that included the officers' disciplinary histories when the court ordered it to produce personnel files.

The case recalls the "street files" story from over 30 years ago, when investigative files with exculpatory evidence were kept secret during the murder trial of a South Side honors student. In the Simmons case, files with relevant discipline records have been hidden.

When U.S. District Judge Matthew F. Kennelly ordered the city to turn over personnel files, the law department only produced "benign documents such as paperwork associated with officers' job applications," according to Simmons' attorneys.

The city produced the real personnel files with disciplinary records only after Simmons' attorneys filed a motion on Feb. 9 seeking sanctions for withholding evidence.  That motion was filed after the city turned over a huge civilian complaint file in a very similar case involving a number of the same officers.

The last-minute disclosures - given long after Simmons' attorneys had questioned the 11 officers involved in the Simmons case in depositions - showed that seven of the 11 were involved in a 2013 arrest in which they claimed that they got a key for an apartment from someone outside the building and found illegal guns and drugs in the apartment. The officers made the same claim in the Simmons case.

In the 2013 arrest, however, a neighbor's surveillance camera showed the officers were lying.  Two of the seven were stripped of their police powers, and the Bureau of Internal Affairs recommended they be fired for giving false statements.

According to Simmons' attorneys, the new information also showed that the two officers lied about their assignments in their depositions, failing to disclose that they'd been stripped of police powers and assigned to the 311 call center.

All of this goes to the crucial issue of the officers' credibility, to say the least.  The information was disclosed long after the city claimed it had produced all relevant discovery materials.  Simmons' attorneys are asking Kennelly to enter a default judgment against the city.

"It appears that for many years, when plaintiffs requested personnel files and courts ordered the production of personnel files," the city has instead been turning over "a sham personnel file," they wrote in their motion for sanctions.

The implications of this development could be huge for Chicagoans who sue the police for abuse. And it certainly represents a heavy blow to the law department, which has been repeatedly sanctioned by judges - sometimes with very harsh words - for withholding evidence in lawsuits.

Judicial sanction is an extraordinary remedy, and it's been ordered in nearly a dozen cases since Mayor Rahm Emanuel was elected in 2011.  And it's now been two years since Emanuel said it's "not possible" that the law department was part of the police department's "code of silence," and promised yet another independent review of the city's problems in producing evidence.

Yet the judicial sanctions keep coming. Last month, the supervisor of the law department's civil rights litigation division resigned after a federal judge made it clear the city will be sanctioned for failing to turn over civilian complaints against a sergeant being sued for excessive force in the shooting of 16-year-old Jaquise Evans in 2015. The city settled that lawsuit for an undisclosed sum days before trial.

The month before that, the city agreed to pay $20 million to settle a lawsuit stemming from a deadly drunk-driving crash involving former detective Joseph Frugloi. Frugloi's previously undisclosed suspension for an alcohol-related infraction surfaced at the last minute.

And the month before that settlement, the city was assessed a $62,500 sanction for giving the "runaround" to an attorney for LaShawnda Young, whose 20-year-old son Divonte was shot and killed by police in 2012.  Attorney H. Candace Gorman had uncovered evidence the city had denied existed, including video of a police interview in which Divonte's girlfriend was browbeaten and threatened and a follow-up interview with an eyewitness that cast doubt on the police version of events.

Now Gorman is seeking sanctions again, saying city lawyers have disclosed--after initially denying--the existence of an evidence officer's file.  In its response to Gorman's motion for sanctions, the city argued that Gorman confused the "evidence technician" with the "evidence coordinator." But that issue seems entirely irrelevant, since she had requested - and the court ordered to be produced - all investigative and forensic files.

Gorman said she does not believe the city has produced the entire file yet.

It's certainly crucial information.  Gorman has already received a sketch by the evidence officer of the crime scene, which she said places Divonte's body in a different location from the one identified in the initial report by the Independent Police Review Authority (now the Civilian Office of Police Accountability). That location, in turn, is different from the location of the body given in the police department's version of the incident.

The police claim Divonte pointed a gun at them, but no gun was ever recovered from the scene.

Gorman has asked U.S. District Judge Joan Gottschall to allow her to depose the law department personnel responsible for responding to discovery requests.  She argues this would provide the critical and objective review that the city has so far been unable to carry out.

The law department declined to comment. But in the past, it has said it takes these issues "very seriously" and promised to improve discovery policies and practices and adjust training "to ensure that any mistakes are not repeated."

Those promises have been repeated and repeated - and the mistakes have been repeated and repeated.  Something isn't working here.  And ultimately it's the mayor who should be held accountable for failing to keep his promise to fix the problem.
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

  • RAFH
  • Have a life, already.
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #506
http://www.chicagoreporter.com/chicagos-pattern-of-withholding-evidence-in-police-misconduct-cases-keeps-getting-worse/
Quote
It looks like the ongoing scandal involving the city law department's repeated failure to turn over evidence in police misconduct cases is just getting worse and worse.

Attorneys suing the city are now seeking judicial sanctions in two cases.  In one, which I wrote about here a year ago, the city has already been sanctioned once.

In the other, a 2014 lawsuit by Aretha Simmons and her family alleges that police entered their home illegally and held a 3-year-old girl and her grandmother at gunpoint. The city has admitted it should have turned over "unit files" that included the officers' disciplinary histories when the court ordered it to produce personnel files.

The case recalls the "street files" story from over 30 years ago, when investigative files with exculpatory evidence were kept secret during the murder trial of a South Side honors student. In the Simmons case, files with relevant discipline records have been hidden.

When U.S. District Judge Matthew F. Kennelly ordered the city to turn over personnel files, the law department only produced "benign documents such as paperwork associated with officers' job applications," according to Simmons' attorneys.

The city produced the real personnel files with disciplinary records only after Simmons' attorneys filed a motion on Feb. 9 seeking sanctions for withholding evidence.  That motion was filed after the city turned over a huge civilian complaint file in a very similar case involving a number of the same officers.

The last-minute disclosures - given long after Simmons' attorneys had questioned the 11 officers involved in the Simmons case in depositions - showed that seven of the 11 were involved in a 2013 arrest in which they claimed that they got a key for an apartment from someone outside the building and found illegal guns and drugs in the apartment. The officers made the same claim in the Simmons case.

In the 2013 arrest, however, a neighbor's surveillance camera showed the officers were lying.  Two of the seven were stripped of their police powers, and the Bureau of Internal Affairs recommended they be fired for giving false statements.

According to Simmons' attorneys, the new information also showed that the two officers lied about their assignments in their depositions, failing to disclose that they'd been stripped of police powers and assigned to the 311 call center.

All of this goes to the crucial issue of the officers' credibility, to say the least.  The information was disclosed long after the city claimed it had produced all relevant discovery materials.  Simmons' attorneys are asking Kennelly to enter a default judgment against the city.

"It appears that for many years, when plaintiffs requested personnel files and courts ordered the production of personnel files," the city has instead been turning over "a sham personnel file," they wrote in their motion for sanctions.

The implications of this development could be huge for Chicagoans who sue the police for abuse. And it certainly represents a heavy blow to the law department, which has been repeatedly sanctioned by judges - sometimes with very harsh words - for withholding evidence in lawsuits.

Judicial sanction is an extraordinary remedy, and it's been ordered in nearly a dozen cases since Mayor Rahm Emanuel was elected in 2011.  And it's now been two years since Emanuel said it's "not possible" that the law department was part of the police department's "code of silence," and promised yet another independent review of the city's problems in producing evidence.

Yet the judicial sanctions keep coming. Last month, the supervisor of the law department's civil rights litigation division resigned after a federal judge made it clear the city will be sanctioned for failing to turn over civilian complaints against a sergeant being sued for excessive force in the shooting of 16-year-old Jaquise Evans in 2015. The city settled that lawsuit for an undisclosed sum days before trial.

The month before that, the city agreed to pay $20 million to settle a lawsuit stemming from a deadly drunk-driving crash involving former detective Joseph Frugloi. Frugloi's previously undisclosed suspension for an alcohol-related infraction surfaced at the last minute.

And the month before that settlement, the city was assessed a $62,500 sanction for giving the "runaround" to an attorney for LaShawnda Young, whose 20-year-old son Divonte was shot and killed by police in 2012.  Attorney H. Candace Gorman had uncovered evidence the city had denied existed, including video of a police interview in which Divonte's girlfriend was browbeaten and threatened and a follow-up interview with an eyewitness that cast doubt on the police version of events.

Now Gorman is seeking sanctions again, saying city lawyers have disclosed--after initially denying--the existence of an evidence officer's file.  In its response to Gorman's motion for sanctions, the city argued that Gorman confused the "evidence technician" with the "evidence coordinator." But that issue seems entirely irrelevant, since she had requested - and the court ordered to be produced - all investigative and forensic files.

Gorman said she does not believe the city has produced the entire file yet.

It's certainly crucial information.  Gorman has already received a sketch by the evidence officer of the crime scene, which she said places Divonte's body in a different location from the one identified in the initial report by the Independent Police Review Authority (now the Civilian Office of Police Accountability). That location, in turn, is different from the location of the body given in the police department's version of the incident.

The police claim Divonte pointed a gun at them, but no gun was ever recovered from the scene.

Gorman has asked U.S. District Judge Joan Gottschall to allow her to depose the law department personnel responsible for responding to discovery requests.  She argues this would provide the critical and objective review that the city has so far been unable to carry out.

The law department declined to comment. But in the past, it has said it takes these issues "very seriously" and promised to improve discovery policies and practices and adjust training "to ensure that any mistakes are not repeated."

Those promises have been repeated and repeated - and the mistakes have been repeated and repeated.  Something isn't working here.  And ultimately it's the mayor who should be held accountable for failing to keep his promise to fix the problem.
What I don't get is why the judges do not simply find the people responsible in contempt and toss them in the clink or seriously fine them. I'm talking about the actual individuals who make these decisions to ignore the judges' orders. Orders given because the same people broke the law in the first place in an attempt to cover up breaking the law, which on occasion led to someone being killed. And if the prosecutors are involved, they need to be disbarred, permanently. Never work again in the legal profession. Period.
The people are lying, cheating, breaking the law, ignoring court orders, killing and maiming people, stealing and dealing. 
Are we there yet?

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #507

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #508
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

  • RAFH
  • Have a life, already.
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #509
Are we there yet?

  • RAFH
  • Have a life, already.
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #510
Not so much police abuse, but police-of-no-use.

https://boingboing.net/2018/02/23/last-responders.html

Why give these guys real guns? They'd be just as useful with nerf weapons or even just making a "gun" with their fingers and going "pew, pew, pew".
Are we there yet?

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #511
Two of the original "satanic panic" cases still had people in jail.

Finally overturned and let free.

Thread:

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #512

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #513
This is a weird one...

https://www.nbcnews.com/news/us-news/he-disarmed-possible-church-shooter-then-police-arrived-shot-him-n851816

Guy stops a shooter at a church...police then proceed to shoot him.

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #514
Transport officer held in assault on inmate in Arkansas; agent suspects more than 100 victims

http://www.arkansasonline.com/news/2018/feb/28/transport-officer-held-in-assault-on-in/

Several absolutely revolting quotes.
Quote
Roberts said that in interviews with the FBI, both men [former employees] said Kindley often bragged about having sex with female inmates and acknowledged that "it was understood among the transport officers that they could do as they wanted to the females during transport, so long as the authorities do not find out."

The FBI agent testified that a common thread among all the victims discovered to date is that Kindley told them, "What happens in the van stays in the van."

But what the hell:
Quote
A private prisoner transport officer

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #515

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #516
Man gets charged an extra fee when sentenced for a misdemeanor. Appeals that extra fee, takes it to circuit court, and wins. Association of prosecutors mocks him rather than examining their system for repeat overcharging.


Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #517
That's actually a really good example of how so few people would bother bringing and pursuing that case and why gutting class action lawsuits encourages ripping off a tiny amount from a whole bunch of people.

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #518
https://abovethelaw.com/2018/03/virginia-police-are-so-casual-about-violating-this-mothers-first-amendment-rights-they-must-not-know-those-exist/

Quote
Yesha Callahan's son survived his encounter with police ... For 38 seconds, the boy's life was at the mercy of the state. But he kept his cool, and survived. No shots were fired.

...

She filled out a FOIA request demanding that the department release the body cam footage of her son's nearly deadly traffic stop.

The Department denied her request.

Callahan's son was not charged in connection with the incident. He didn't even get a ticket. But Chesterfield police denied the request, saying the footage was subject to an "ongoing investigation."

...

[Chesterfield Chief of Police, Col. Jeffrey S. Katz] says part of the reason the department has not released the video to Callahan is that she has "an anti-law enforcement agenda."

...

"I believe we have a responsibility to maintain custody of the video and not put it in the public domain," he said, "because we want to ensure that it is not spliced, that voice overs are not placed over it and that we can maintain and control the authenticity of the video. But we are more than willing to share the video with anybody who wants to come in and view it."
  • Last Edit: March 01, 2018, 05:22:51 PM by uncool

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #519
This thread.
Love is like a magic penny
 if you hold it tight you won't have any
if you give it away you'll have so many
they'll be rolling all over the floor

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #520

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #521


Though in replies, seems not clear whether the bailiff was talking to the judge or the defendant.

  • uncool
Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #522
Officers take a shotgun to the front door of a family's house at 4 am wearing face masks, refuse to show a warrant (even though they had one), refuse to give information as to who they were. The family sues them; the officers attempt to get qualified immunity, in part arguing that since the family failed to identify which officer did what, the case should be dismissed.

http://www.opn.ca6.uscourts.gov/opinions.pdf/18a0041p-06.pdf

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Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #523
http://www.al.com/news/birmingham/index.ssf/2018/03/grand_jury_declines_to_indict.html

Guilty of being in the general vicinity of 4 Troy, AL police officers.

Re: We could use a Police Abuse sticky - Part 3 - Zombie Edition
Reply #524