From Edward to Eric Garner and Beyond: the Importance of Constitutional Limitations on Lethal Use of Force in Police Reform
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“State of Civil Society Report: 2015
the year in review State of Civil Society report 2015: THE YEAR IN REVIEW ...these stories tell us that only civil introduction society, in its broadest sense, is taking a It has been another year of hard work and high achievement for civil society. The story of the year since the stance against the 2014 State of Civil Society Report was published has partly been one of a continuing series of attacks on civil concentration of society in the many countries where, when civil society asks difficult questions about power, the powerful seek to silence it. But is has also been a story of impressive and sustained civil society response, in a world that has power in the hands of become more turbulent and contested. a tiny, global, super- rich elite, and against As we show below, civil society faces challenges - of lack of space, under-resourcing and limited access to the attempts of many decision-makers. Civil society also needs continually to prove its connection with and relevance to citizens, political leaders and and it needs to demonstrate its ability to stay ahead of trends and innovate. When civil society groups do not corporate interests do these, they fail. But so often, we see civil society leading the response to crisis, taking on difficult issues, contributing to change, and winning arguments for social justice. to undermine human rights and This year in review section of the 2015 CIVICUS State of Civil Society Report is complemented by our report’s the value of people’s special thematic section on the resourcing for civil society, and the 27 guest contributions, from civil society participation. -
Case: 2:20-Cv-03431-ALM-KAJ Doc #: 2 Filed: 09/16/20 Page: 1 of 118 PAGEID #: 83
Case: 2:20-cv-03431-ALM-KAJ Doc #: 2 Filed: 09/16/20 Page: 1 of 118 PAGEID #: 83 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION TAMARA K. ALSAADA; MAHIR ALI; : DEMETRIUS BURKE; BERNADETTE CALVEY;: STEPHANIE CARLOCK; S.L.C., a minor; : Civil Action No. 2:20cv3431 JENNIFER EIDEMILLER; ANDREW FAHMY; : TALON GARTH; HOLLY HAHN, BRYAN : HAZLETT; JUSTIN HORN; KURGHAN HORN; : TERRY D. HUBBY, Jr.; RANDY KAIGLER; : ELIZABETH KOEHLER; REBECCA LAMEY; : NADIA LYNCH; MIA MOGAVERO; ALETA : MIXON; DARRELL MULLEN; LEEANNE : PAGLIARO; TORRIE RUFFIN; SUMMER : SCHULTZ; AMANDA WELDON; and : HEATHER WISE, : : CHIEF JUDGE MARBLEY Plaintiffs, : : MAGISTRATE JUDGE JOLSON v. : : THE CITY OF COLUMBUS; CHIEF THOMAS : QUINLAN, in his individual and official capacities; : SERGEANT DAVID GITLITZ, in his individual : and official capacities; OFFICER SHAWN DYE, : in his individual and official capacities; OFFICER : MICHAEL ESCHENBURG, in his individual and : official capacities; OFFICER THOMAS : HAMMEL, in his individual and official capacities; : OFFICER HOLLY KANODE, in her individual : and official capacities; OFFICER KENNETH : KIRBY, in his individual and official capacities; : OFFICER FRANKLIN LUCCI, in his individual : and official capacities; and JOHN and JANE DOE, : Nos. 1-30, in their individual and official capacities, : : : JURY DEMAND ENDORSED HEREON Defendants. : FIRST AMENDED COMPLAINT I. Preliminary Statement 1 Case: 2:20-cv-03431-ALM-KAJ Doc #: 2 Filed: 09/16/20 Page: 2 of 118 PAGEID #: 84 1. On May 25, 2020, the killing of George Floyd, who was being arrested for allegedly passing a counterfeit $20 bill to buy cigarettes, by then Minneapolis Police Department Officer Derek Chauvin was live-streamed over the Internet for eight minutes and 46 seconds and later televised around the world. -
Erie County Clerk 09/14/2020 10:09 Pm Index No
FILED: ERIE COUNTY CLERK 09/14/2020 10:09 PM INDEX NO. 807664/2020 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 09/14/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE BUFFALO POLICE BENEVOLENT ASSOCIATION, INC.; and BUFFALO PROFESSIONAL FIREFIGHTERS ASSOCIATION INC., LOCAL 282, IAFF, ALF-CIO, Petitioners/Plaintiffs, v. INDEX NO: 807664/2020 BYRON W. BROWN, in his official capacity as Mayor of the City of Buffalo; the CITY OF BUFFALO; BYRON C. LOCKWOOD, in his official capacity as Commissioner of the Buffalo Police Department; the BUFFALO POLICE DEPARTMENT; WILLIAM RENALDO, in his official capacity as Commissioner of the Buffalo Fire Department; and the BUFFALO FIRE DEPARTMENT, Respondents/Defendants. [PROPOSED] BRIEF OF AMICI CURIAE NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC., LAWYERS’ COMMITTEE FOR CIVIL RIGHTS UNDER LAW, LATINOJUSTICE PRLDEF, LAW FOR BLACK LIVES, AND NYU SCHOOL OF LAW CENTER ON RACE, INEQUALITY, AND THE LAW IN OPPOSITION TO PETITIONERS’/PLAINTIFFS’ APPLICATION FOR PRELIMINARY INJUNCTION FILED: ERIE COUNTY CLERK 09/14/2020 10:09 PM INDEX NO. 807664/2020 NYSCEF DOC. NO. 114 RECEIVED NYSCEF: 09/14/2020 TABLE OF CONTENTS Page INTRODUCTION ......................................................................................................................... 1 ARGUMENT ................................................................................................................................. 4 I. PUBLIC DISCLOSURE OF POLICE MISCONDUCT AND DISCIPLINE RECORDS IS ESSENTIAL FOR TRANSPARENCY AND POLICE ACCOUNTABILITY. -
Systemic Racism, Police Brutality of Black People, and the Use of Violence in Quelling Peaceful Protests in America
SYSTEMIC RACISM, POLICE BRUTALITY OF BLACK PEOPLE, AND THE USE OF VIOLENCE IN QUELLING PEACEFUL PROTESTS IN AMERICA WILLIAMS C. IHEME* “Our lives begin to end the day we become silent about things that matter.” —Martin Luther King Jr Abstract: The Trump Administration and its mantra to ‘Make America Great Again’ has been calibrated with racism and severe oppression against Black people in America who still bear the deep marks of slavery. After the official abolition of slavery in the second half of the nineteenth century, the initial inability of Black people to own land, coupled with the various Jim Crow laws rendered the acquired freedom nearly insignificant in the face of poverty and hopelessness. Although the age-long struggles for civil rights and equal treatments have caused the acquisition of more black-letter rights, the systemic racism that still perverts the American justice system has largely disabled these rights: the result is that Black people continue to exist at the periphery of American economy and politics. Using a functional approach and other types of approach to legal and sociological reasoning, this article examines the supportive roles of Corporate America, Mainstream Media, and White Supremacists in winnowing the systemic oppression that manifests largely through police brutality. The article argues that some of the sustainable solutions against these injustices must be tackled from the roots and not through window-dressing legislation, which often harbor the narrow interests of Corporate America. Keywords: Black people, racism, oppression, violence, police brutality, prison, bail, mass incarceration, protests. Summary: 1. INTRODUCTION: SLAVE TRADE AS THE ENTRY POINT OF SYSTEMIC RACISM. -
Restorative Policing-Buildingtrust in Police
Citation: Laura Merkey, Building Trust and Breaking down the Wall: The Use of Restorative Justice to Repair Police-Community Relationships, 80 Mo. L. Rev. (2015) Content downloaded/printed from HeinOnline Tue Nov 28 10:10:19 2017 -- Your use of this HeinOnline PDF indicates your acceptance of HeinOnline's Terms and Conditions of the license agreement available at http://heinonline.org/HOL/License -- The search text of this PDF is generated from uncorrected OCR text. -- To obtain permission to use this article beyond the scope of your HeinOnline license, please use: Copyright Information Use QR Code reader to send PDF to your smartphone or tablet device Building Trust and Breaking Down the Wall: The Use of Restorative Justice to Repair Police-Community Relationships Laura Merkey* I. INTRODUCTION The town of Ferguson, Missouri, captured national attention when a grand jury failed to indict Darren Wilson, a white police officer who shot and killed Michael Brown, an unarmed black teenager, three months prior.' Simi- lar citizen deaths involving police in both New York City and Cleveland have magnified the tensions felt across the country, and in many cities and com- munities, the community-police relationships are rapidly becoming untena- 2 ble. Baltimore, Maryland, is a prime example; protests, riots, and an atmos- phere of mistrust pervaded the city for months after the deaths of Michael 3 Brown, Eric Garner, and Tamir Rice. The situation was, simply put, a pow- der keg waiting to explode. Our traditional justice system is simply not adequately responding to all of the issues currently confronting society. A new strategy needs to be put into place, and quickly. -
How a New Wave of Black Activists Changed the Conversation George Floyd’S Killing Galvanized a Nation
____________________________________________________________________________________________________________________________________________________________________________ ____________________________________________________________________________________________________________________________________________________________________ How a New Wave of Black Activists Changed the Conversation George Floyd’s killing galvanized a nation. But small groups like the queer-led collective Black Visions are channeling that energy into a movement for political change. The group Black Visions, which is based in Minneapolis and has been integral to the protest movement that erupted following the killing of George Floyd. The group’s founders include, from left: Kandace Montgomery, Miski Noor and Oluchi Omeoga. By Jenna Wortham Aug. 25, 2020 On a windswept early June day in Minneapolis, roughly a thousand people gathered under sprawling trees in Powderhorn Park for a rally called the Path Forward. The park’s concrete stage was decorated with silver streamers that sparkled in the breeze and bold white block letters that spelled out “Defund Police.” After a prayer by Thorne and Wakinyan LaPointe, brothers from the American Indian community, Kandace Montgomery, a director of a local organizing group called Black Visions, took the stage. 2 She reminded the crowd to maintain social distancing and wished Prince — whose former home, Paisley Park, was just a 30-minute drive away — and his “queer, nonbinary, everything and all the things self” a posthumous happy birthday. The atmosphere was still raw. Just 13 days had passed since George Floyd had died, igniting one of the largest collective demonstrations of civil unrest over the violence perpetrated against Black people in this country. Calls led by young Black activists to defund and abolish the police rippled outward from Minneapolis and around the world. Black Visions was established three years ago as a political and community base for Black people in Minneapolis. -
Applicant V. DERAY MCKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED Defendants - Respondents
STATE OF LOUISIANA 2021-CQ-00929 LOUISIANA SUPREME COURT OFFICER JOHN DOE, Police Officer Plaintiff - Applicant v. DERAY MCKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED Defendants - Respondents OFFICER JOHN DOE Plaintiff - Applicant Versus DeRAY McKESSON; BLACK LIVES MATTER; BLACK LIVES MATTER NETWORK, INCORPORATED Defendants - Respondents On Certified Question from the United States Court of Appeals for the Fifth Circuit No. 17-30864 Circuit Judges Jolly, Elrod, and Willett Appeal From the United States District Court for the Middle District of Louisiana USDC No. 3:16-CV-742 Honorable Judge Brian A. Jackson, Presiding OFFICER JOHN DOE ORIGINAL BRIEF ON APPLICATION FOR REVIEW BY CERTIFIED QUESTION Respectfully submitted: ATTORNEY FOR THE APPLICANT OFFICER JOHN DOE Donna U. Grodner (20840) GRODNER LAW FIRM 2223 Quail Run, B-1 Baton Rouge, Louisiana 70808 (225) 769-1919 FAX 769-1997 [email protected] CIVIL PROCEEDING TABLE OF CONTENTS TABLE OF AUTHORITIES.. ii CERTIFIED QUESTIONS. 1 1. Whether Louisiana law recognizes a duty, under the facts alleged I the complaint, or otherwise, not to negligently precipitate the crime of a third party? 2. Assuming McKesson could otherwise be held liable for a breach of duty owed to Officer Doe, whether Louisiana’s Professional Rescuer’s Doctrine bars recovery under the facts alleged in the complaint? . 1 STATEMENT OF JURISDICTION. 1 STATEMENT OF THE CASE. 1 A. NATURE OF THE CASE. 1 B. PROCEDURAL HISTORY. 12 1. ACTION OF THE TRIAL COURT. 12 2. ACTION OF THE FIFTH CIRCUIT. 12 3. ACTION OF THE SUPREME COURT. 13 4. ACTION OF THE FIFTH CIRCUIT. 13 C. -
2017-2018 Annual Report 2017-2018 View
Founded in 1940, the NAACP Legal Defense and Educational Fund, Inc. (LDF) is the nation’s first civil and human rights law organization and has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957. From that era to the present, LDF’s mission has always been transformative: to achieve racial justice, equality, and an inclusive society. Photo: LDF Founder Thurgood Marshall contents 02 Message from the Chairs of the Board, Gerald S. Adolph and David W. Mills 04 Message from Sherrilyn Ifill, President and Director-Counsel 07 Litigation 10 A. Education 14 B. Political Participation 18 C. Criminal Justice 22 D. Economic Justice 26 E. Equal Justice 28 F. Supreme Court Advocacy 30 Policy and Advocacy 34 Thurgood Marshall Institute (TMI) 40 LDF in the Media 44 Fellowship and Scholarship Programs 48 Special Events 51 Supporters 61 Financial Report 64 Board of Directors We are proud to say that despite these Gerald S. Adolph mounting threats, LDF remains equal to the task. This annual report is a testament to LDF’s remarkable success in and out of the courtroom. David W. Mills 1 message from the chairs of the board In 1978, LDF’s founder Thurgood Marshall said, “Where you see wrong or inequality or injustice, speak out, because this is your country. This is your democracy. Make it. Protect it. Pass it on.” The NAACP Legal Defense Fund has been pursuing that mission since its founding. Through litigation and advocacy, LDF works to protect and preserve our democracy, so that its promises of liberty and justice can at last be made real for all Americans. -
DEEN FREELON CHARLTON D. MCILWAIN MEREDITH D. CLARK About the Authors: Deen Freelon Is an Assistant Professor of Communication at American University
BEYOND THE HASHTAGS DEEN FREELON CHARLTON D. MCILWAIN MEREDITH D. CLARK About the authors: Deen Freelon is an assistant professor of communication at American University. Charlton D. McIlwain is an associate professor of media, culture and communi- cation and Associate Dean for Faculty Development and Diversity at New York University. Meredith D. Clark is an assistant professor of digital and print news at the University of North Texas. Please send any questions or comments about this report to Deen Freelon at [email protected]. About the Center For Media & Social Impact: The Center for Media & Social Impact at American University’s School of Communication, based in Washington, D.C., is an innovation lab and research center that creates, studies, and showcases media for social impact. Fo- cusing on independent, documentary, entertainment and public media, the Center bridges boundaries between scholars, producers and communication practitioners across media production, media impact, public policy, and audience engagement. The Center produces resources for the field and academic research; convenes conferences and events; and works collaboratively to understand and design media that matters. www.cmsimpact.org Internal photos: Philip Montgomery Graphic design and layout: openbox9 The authors gratefully acknowledge funding support from the Spencer Foundation, without which this project would not have been possible. We also thank Ryan Blocher, Frank Franco, Cate Jackson, and Sedale McCall for transcribing participant interviews; David Proper and Kate Sheppard for copyediting; and Mitra Arthur, Caty Borum Chattoo, Brigid Maher, and Vincent Terlizzi for assisting with the report’s web presence and PR. The views expressed in this report are the authors’ alone and are not necessarily shared by the Spencer Foundation or the Center for Media and Social Impact. -
Reducing Fatal Police Shootings As System Crashes: Research, Theory, and Practice
CR01CH20_Sherman ARI 1 December 2017 13:40 Annual Review of Criminology Reducing Fatal Police Shootings as System Crashes: Research, Theory, and Practice Lawrence W. Sherman1,2 1Institute of Criminology, University of Cambridge, Cambridge, United Kingdom CB3 9DA; email: [email protected] 2Department of Criminology and Criminal Justice, University of Maryland, College Park, Maryland 20742, USA; email: [email protected] Annu. Rev. Criminol. 2018. 1:421–49 Keywords First published as a Review in Advance on police shootings, deadly force, organizational behavior, production October 13, 2017 pressures, system accidents, system crashes, gunshot wounds The Annual Review of Criminology is online at criminol.annualreviews.org Abstract https://doi.org/10.1146/annurev-criminol- Can fatal shootings by American police be reduced? If so, what theoretical 032317-092409 framework would be most useful in saving more lives? What research agenda Copyright c 2018 by Annual Reviews. would that framework suggest? The purpose of this review is to answer those All rights reserved three questions. It applies the system-accident framework (Perrow 1984) as a pathway to help police agencies reduce fatal police shootings, adapting it as system-crash prevention to encompass a wider range of systemic causes of catastrophic events. In contrast to deterrence, the dominant policy perspec- ANNUAL REVIEWS Access provided by 198.176.80.34 on 04/06/18. For personal use only. Further tive on reducing fatal shootings, a system-crash prevention approach applies Click here to view this article's online features: lateral thinking ( Johnson 2010) from lessons learned about airplane crashes, Annu. Rev. Criminol. 2018.1:421-449. -
Boletim De Conjuntura
O Boletim de Conjuntura (BOCA) publica ensaios, artigos de revisão, artigos teóricos e www.revistempíricos,a.ufrr.br/ resenhasboca e vídeos relacionados às temáticas de políticas públicas. O periódico tem como escopo a publicação de trabalhos inéditos e originais, nacionais ou internacionais que versem sobre Políticas Públicas, resultantes de pesquisas científicas e reflexões teóricas e empíricas. Esta revista oferece acesso livre imediato ao seu conteúdo, seguindo o princípio de que disponibilizar gratuitamente o conhecimento científico ao público proporciona maior democratização mundial do conhecimento. BOLETIM DE 132 CONJUNTURA BOCA Ano III | Volume 5 | Nº 13 | Boa Vista | 2021 http://www.ioles.com.br/boca ISSN: 2675-1488 http://doi.org/10.5281/zenodo.4473000 BOLETIM DE CONJUNTURA (BOCA) ano III, vol. 5, n. 13, Boa Vista, 2021 www.revista.ufrr.br/boca THE IMPACT OF THE SLOGAN I CAN’T BREATHE ON THE BLACK LIVES MATTER MOVEMENT: THE ERIC GARNER CASE Maurício Fontana Filho1 Abstract The research reports the death of Eric Garner and explores his circumstances and environment. The goal is to analyze the context with a focus on Eric's killing by the police, as well as how the case developed and gained public outcry. From this initial investigation, it works with the Black Lives Matter movement, its origin, organization and objectives. It analyses the various outlines that Eric's case has taken over the years and his contribution to the movement, with emphasis on police brutality and its progress over the last few years. Finally, it explores this context of death and protest through Philip Zimbardo's total situation theory. -
Remedying the Effects of Government-Sanctioned Segregation in a Post-Freddie Gray Baltimore Yvette N
University of Maryland Law Journal of Race, Religion, Gender and Class Volume 16 | Issue 1 Article 6 Remedying the Effects of Government-Sanctioned Segregation in a Post-Freddie Gray Baltimore Yvette N. Pappoe Follow this and additional works at: http://digitalcommons.law.umaryland.edu/rrgc Recommended Citation Yvette N. Pappoe, Remedying the Effects of Government-Sanctioned Segregation in a Post-Freddie Gray Baltimore, 16 U. Md. L.J. Race Relig. Gender & Class 115 (). Available at: http://digitalcommons.law.umaryland.edu/rrgc/vol16/iss1/6 This Notes & Comments is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in University of Maryland Law Journal of Race, Religion, Gender and Class by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. Pappoe REMEDYING THE EFFECTS OF GOVERNMENT-SANCTIONED SEGREGATION IN A POST-FREDDIE GRAY BALTIMORE * YVETTE N. PAPPOE I. INTRODUCTION Since the civil unrest following the death of Freddie Gray, a 25-year-old Black1 man who suffered a spinal cord injury and died in police custody, many—including political pundits, politicians, and residents—have debated about what went wrong in Baltimore. While some commentators believe the unrest was solely in response to “police mistreatment of black men,”2 some have opined that the unrest was a product of pent up frustration caused by “crushing poverty, lack of opportunity,”3 and the denial, to Black youth in Baltimore, of “the opportunity to participate in mainstream American society.”4 This Comment argues that the aforementioned issues are a byproduct of racist government-sanctioned policies that continue to perpetuate racial and economic segregation and concentrated poverty in Black communities.