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Oakland police still handling fallout over treatment of Occupy movement - Chicago Tribune

Oakland police still handling fallout over treatment of Occupy movement - Chicago Tribune | Police Problems and Policy | Scoop.it
CBS LocalOakland police still handling fallout over treatment of Occupy movementChicago Tribune(Reuters) - One year after anti-Wall Street protests began rocking the streets of Oakland, police said on Friday they had fired or suspended 17 officers...
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Police Problems and Policy
Examining the possibilities of abuse of power without the constraint of New Public Administration.
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Ocoee police: Officer fired for using racial slur

A longtime Ocoee police officer has been fired after he was accused of using a racial slur during a conversation with a fellow employee, the department announced Thursday night.

Lt. William Wagner used the “n-word” while talking with Officer Bruce Riggins in the Police Department parking lot Sept. 26, according to an internal affairs investigation.

“The Ocoee Police Department holds all members of the department to the highest standards of the law-enforcement profession, and Lieutenant Wagner’s behavior has fallen short,” Police Chief Charles J. Brown said in a statement. “I am deeply troubled by his use of a racial slur, which is not only offensive and unacceptable.”

During the September conversation, the officers were discussing Hurricane Irma when Wagner showed Riggins photographs of his damaged home on his phone. Riggins said Wagner called it “his n----- house.”

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New tech vs. old law: How far can police go with digital searches? - The Boston Globe

New tech vs. old law: How far can police go with digital searches? - The Boston Globe | Police Problems and Policy | Scoop.it

By Hiawatha Bray GLOBE STAFF  OCTOBER 18, 2017
By this time next year, American law enforcement agents may have a lot more power to investigate our online activities. Or a lot less, depending on which way the US Supreme Court jumps.

The high court is taking up a pair of critical cases that will establish how far police can go in searching for digital evidence of criminal activity. Whatever the justices decide, the two cases have already proven that current laws and court precedents are inadequate for these digital times, and badly need a rethinking.


Just look at Carpenter v. US, a case I wrote about in June. Convicted robbers Timothy Carpenter and Timothy Sanders were tracked down when the FBI got hold of their cellphone location data, providing a road map of the men’s crimes. But the feds lacked a search warrant for the data, because they didn’t believe they needed one.

Technically, the FBI may have been right. Agents didn’t listen in to the criminals’ calls. Instead, they obtained telephone “metadata” related to the users’ locations. According to a 1979 Supreme Court ruling, they could get such data with a subpoena, which simply requires telling a judge that the information will help in an investigation.
 
But in 1979, metadata revealed only the location of fixed landline phones. With today’s mobile phones, a metadata search will reveal every place the phone has been, going back months or years. In effect, the cops can hit the rewind button and put anybody under retroactive surveillance.

It’s a scary concept, and it calls for rigorous regulation.

Before getting so much data, police ought to get a full-fledged warrant. That means persuading a judge that the suspects are probably guilty of a crime. It’s a much higher standard than the one the FBI applied in the Carpenter case, which is why I’ll have to root for the bad guys this time, and hope that Carpenter and Sanders go free. The Supreme Court will hear that case Nov. 29.


The right decision on Carpenter could clear up the metadata problem for years to come. But on Monday, the court agreed to take up a far messier case — US v. Microsoft Corp. is a legal showdown with global implications.

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Racecar Road Rage Ends In One Driver Getting TAZED And Both Arrested!

Racecar Road Rage Ends In One Driver Getting TAZED And Both Arrested! | Police Problems and Policy | Scoop.it
As someone who describes himself as rather competitive, I get it. When things don't go your way, it can definitely be a frustrating time and there might be
Rob Duke's insight:
...and, now, for something completely different!
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Orion Hutchin's comment, October 18, 10:35 PM
I have to say that in racing the pits are where you fight. Keep it off the track and wait until after the race. Also there is a code that you do not purposely destroy the other drivers car like that. The driver of the black car got what he deserved. This is figure 8 racing, there is guaranteed to be contact. "Rubbing is racing boys" leave the fighting for the pits after the race. I hope both drivers get off with warnings. However the driver of the black car should have to help fix the other drivers car for purposely ramming into it.
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A hurricane came, so where did all the cops go? The sheriff is investigating

A group of Monroe County Sheriff’s Office employees could be fired after failing to report for duty during Hurricane Irma.

Seven people already have quit the agency, Sheriff Rick Ramsay said last week.

Another nine or 10 employees, mostly detention deputies, are being investigated by the Sheriff’s Office’s Internal Affairs department for their actions when the decision was made to send 458 inmates from the Stock Island detention center to Palm Beach County on Sept. 9, the day before the Category 4 storm arrived.
Rob Duke's insight:
I don't know what happened, so here's commentary that is more general and not directed directly at this particular situation.

The way you ensure that cops show up to work during a hurricane or other disaster is to first take care of their families....that means having a plan to pick up family and take them to something like the command post or the Emergency Operations Center (EOC).  If cops know their families are safe, then they'll be focused on the job.
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Riley Landeis's comment, October 19, 8:08 PM
Like you said here Duke, I think we need to take other factors into account, such as them looking out for their family, and with the effects that the storm had on electricity and power, it was obviously be difficult for an officer to just call in to work, but regardless, this is their career, not just some class in school they can skip.
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Texas fast food worker fired for refusing to serve officers

A worker at a popular Texas-based fast food chain has been fired after refusing to serve two police officers.

Denison Police Chief Jay Burch says in a Facebook post that his officers were trying to get something to eat at the Whataburger early Saturday when an unidentified female employee declined to serve them. Burch says the employee cursed at the North Texas officers and alleged "cops beat up my boyfriend and are racists."
Rob Duke's insight:
Not the same thing, but cops do know a tiny bit about discrimination.
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Daniel Heppeard's comment, October 15, 11:28 PM
This kind of reaction towards cops is just sickening to me. Granted, there are some police officers who have suffered from the corrupt side of the police force, but not all of them are like that. You are completely correct, Rob, in saying that cops do know about discrimination. Just because one cop beat up the employee's boyfriend does not mean that all of them had this same course of action in mind.
Jessica Obermiller's comment, October 16, 1:53 PM
I know that cops face discrimination, everyone does really if you look hard enough. This was not an okay way for this woman to react. If she had a problem with a customer, she should have gone to her boss or simply asked someone else to take his order. I know we talk more in class about when cops are the ones being discriminatory, and as I have stated in class, I've been on the brunt end of that one. Once during my headscarf research and a few times in my youth (before Alaska so prior to 1995) when I was discriminated against or my family was because we were a mix-raced family or because I'm a "half-breed Mexican". But no one deserves discrimination. And I know what it is like to become scared or upset with one or two specific officers and try hard not to lump everyone together. Just because, if it really did happen, this happened to her by some officers, does not mean all officers are the same. Even I have to remind myself that some days.
Riley Landeis's comment, October 19, 8:14 PM
These types of stories tend to piss me off as well, mainly because of the fact that my dad is a police officer and I know truly that he is a very good person and harbors no racist feelings towards any minorities whatsoever and I wish people like this lady in this story would take that into account. Yes there are racist cops and yes there are a lot who aren't.
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Nebraska Supreme Court agrees that sheriff's deputy has immunity in arrest of elderly woman

Nebraska Supreme Court agrees that sheriff's deputy has immunity in arrest of elderly woman | Police Problems and Policy | Scoop.it
A lower court was correct when it said a Lancaster County sheriff’s deputy has immunity from a lawsuit over a no-knock search warrant and the arrest of an elderly woman in 2012, the Nebraska Supreme Court ruled Friday.

A majority of judges said that while they don’t condone the type of behavior Marilyn Waldron said she experienced, dismissing the lawsuit was appropriate.

Deputy Sheriff James Roark and his partner entered Marilyn Waldron’s Lincoln home in February 2012 to serve a warrant on her grandson. Roark was wearing jeans, a sweat shirt and a hat.

Waldron later said that she was taught by her late husband, a Nebraska State Patrol captain, to always ask for an officer’s identification.

Lancaster County Sheriff Terry Wagner said Roark did display his ID badge — on a lanyard around his neck — during the incident. Roark also contended that Waldron physically obstructed his attempts to arrest the grandson and then resisted when he tried to handcuff her.

Waldron argued that Roark violated the knock-and-announce rule. She also argued that her arrest was unreasonable and unconstitutional because there was no probable cause to arrest her and because Roark used excessive force in handcuffing her.

Waldron, who was 78 at the time, said that as she was put in handcuffs, her glasses broke and her rotator cuff was torn. She filed the lawsuit more than a year later.

An internal Sheriff’s Office investigation found that Roark followed policy and procedures, and he was not disciplined.

The high court agreed with the lower court that Roark was entitled to qualified immunity on Waldron’s knock-and-announce claim and on her unlawful arrest claim.

Two judges disagreed with Friday’s ruling. Waldron blocked the deputies because she thought they were intruders, Judge John F. Wright wrote.
Rob Duke's insight:
This case and the one below from California are likely to be bundled up and heard together at the Supreme Ct.  The 9th Court of Appeals ruled that a California officer was not entitled to qualified immunity....so we'll see what happens.
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Jessica Obermiller's comment, October 16, 1:59 PM
It sounds a lot to me like things were not handled the way they should have been handled. They had the warrant but did not execute it properly. We have no way of knowing what kind of condition Waldron was in at the time, but I would like to think that most 78 year old women do not need to be so roughly put in cuffs that it tears her rotator cuff. Personally, I am glad to hear the high court agreed that Roark was qualified immunity on Waldron's knock-and-announce claim and on her unlawful arrest claim. Officers need to follow the rules, all of them, if we want a society that is controlled by a governing force, such as the police. We have to be able to trust them as a community and a culture. Things like this is why we are looking at possibly sliding into the Homeland Security Era of policing and we will if we are not careful.
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Guest column: It’s time to end our discriminatory jury rule in Louisiana

Guest column: It’s time to end our discriminatory jury rule in Louisiana | Police Problems and Policy | Scoop.it
Arrested at 17, Kia Stewart spent 10 years in prison, working the fields of Angola, for a crime he did not commit. A jury convicted him by a vote of 10 to 2 based on the testimony of one lone — and mistaken — eyewitness. The Innocence Project of New Orleans conducted an investigation and uncovered 18 witnesses who either saw the crime and said that Kia was not the shooter, heard the real perpetrator confess, or confirmed his alibi.

Today, Kia is a free man. But only in Louisiana or Oregon would Kia ever have been convicted by a vote of 10 to 2 and sentenced to life in prison. In all other 48 states and in the federal courts, felony convictions must be unanimous. These jurisdictions place a burden on prosecutors to prove their cases beyond all reasonable doubts. In Louisiana and Oregon, that burden of proof is diminished because a person can be convicted even though some jurors have reasonable doubts, as the two jurors in Kia’s case did.

On Monday, the U.S. Supreme Court will consider whether to hear arguments about the unconstitutionality of non-unanimous verdicts in Dale Lambert v. State of Louisiana. Mr. Lambert, like Kia Stewart, was convicted of second-degree murder by a jury vote of 10-2. The framers of the U.S. Constitution intended that juries in felony cases be unanimous, but the architects of the Louisiana Constitution had other ideas. In 1898, Louisiana changed its constitution to allow for non-unanimous jury verdicts in our criminal justice system. According to constitutional convention delegate Thomas Semmes, the mission of the convention was “to establish the supremacy of the white race in this state.”
Rob Duke's insight:
Leadbelly's song about the "Midnight Special" is about Angola Prison (you've likely heard this song in the Credence version).  The legend was that if a prisoner dreamed of walking on the tracks and the Midnight Special coming towards them, then they'd get paroled sometime within the next year: thus, Ledbetter wants the Midnight Special to "shine it's light on me".
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Dubai police test out hovering motorbikes to join future patrol fleet  

Dubai police test out hovering motorbikes to join future patrol fleet   | Police Problems and Policy | Scoop.it
Dubai police are testing out futuristic hovering motorbikes which they hope will one day from part of its hi-tech patrol fleet.
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Brianne Frame's comment, October 15, 11:13 PM
Looks like something from Star Trek. Like all technology however could be useful, but can also be misused.
Daniel Heppeard's comment, October 15, 11:32 PM
Well, isn't this a total advancement in technology? They didn't get the hover-board from Back to the Future right, but they did manage to create a hover-bike! I believe that this kind of technology could be beneficial to the force, but it could also lead into despair, just like Brianne noted above.
Riley Landeis's comment, October 19, 8:26 PM
This looks goofy as hell, could prove useful, but it looks like it could be easily commandeered.
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DASHCAM: Officer Shoots at Actor Holding Prop Gun - Calibre Press

DASHCAM: Officer Shoots at Actor Holding Prop Gun - Calibre Press | Police Problems and Policy | Scoop.it
Officers arrived just in time to stop a masked gunman trying to flee from the bar he’d just robbed.

“Drop the gun! Drop the gun now!” the police officer yells.

The man turned toward the police and an officer fired a shot that missed hitting the man wearing a ski mask.

Jim Duff, an actor, dropped the fake gun and pulled off the mask while telling the officers, “This is a movie set,” The Associated Press reported.

The entire scene, which took place in Crawfordsville, Indiana, was caught on the officer’s bodycam released by Indiana State Police, the Miami Herald reported Tuesday.

It’s unknown what movie was being filmed.

No one was hurt on the scene.

Turns out, on Sept. 26, someone had called 911 in the western Indiana town to report an apparent armed robbery in progress at Backstep Brewing Co., according to WXIN-TV in Indianapolis.

Police say the production company and the brewery didn’t notify them or other businesses before filming, the AP reported.
Rob Duke's insight:
so, so lucky....
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Utah officer fired for handcuffing nurse who defied him

Utah officer fired for handcuffing nurse who defied him | Police Problems and Policy | Scoop.it
A Utah police officer has been fired after he forcibly arrested a nurse who refused to let him draw blood from an unconscious patient in July.
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Jessica Obermiller's comment, October 12, 12:19 PM
I followed this story closely. That nurse was doing what was best for her patient AS ACCORDING TO THEIR LAWS. I'm sure, since it is a job requirement, she could have pulled out a code book and shown the officers where it said they were not allowed to take the man's blood. I truly believe the officers over reacted and need to be taught hospital rules a little bit better. They should have known the law going in.
Krista Scott's comment, October 12, 4:45 PM
I think that the sanctions given to the officer was appropriate. The nurse didn't deserve the treatment given to her since she wasn't doing anything wrong but her job and from my understanding hospital policy. He also deserved to be fired due to unlawfully trying to retrieve and take blood from an unconscious patient. I see a civil lawsuit coming to Utah PD...
Riley Landeis's comment, October 19, 8:28 PM
I"m glad they fired him. If he was acting out like this, he was probably a shitty officer anyway.
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Police shooting deaths: 80 percent threatened cops

The once-secret reports shed light on what happens when police confront violent subjects
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Why some say Las Vegas mass shooting proves LA law enforcement should use drones

Why some say Las Vegas mass shooting proves LA law enforcement should use drones | Police Problems and Policy | Scoop.it
A terrorist expert says a drone could help law enforcement find mass shooters quicker, to prevent more deaths.
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Riley Westfall's comment, October 9, 11:02 PM
Westfall insight: Drones are a good way to get eyes on something higher up. They are a good way to get information without people getting shot.
Jessica Obermiller's comment, October 12, 12:42 PM
I have likes and dislikes when it comes to drones. It takes up air space, some people like to cause trouble and 'shoot' them out of the sky with things, and over ll, they are just a personal reminder of Big Brother and I'm not ready for Newspeak. I can also understand how drones may be helpful. They can, as Westfall points out, get eyes int he sky and try to solve situations more peacefully. But to me, drones are just Big Brother more than anything and that is kind of scary. As someone who grew up before people had cell phones or even cordless phones for that matter, technology seems to get bettering out of hand. I remember when I had to tell someone where I was going and if I wanted to call anyone, finding a payphone with a phone book to look up the number. So to know we not have the ability to monitor someone without them knowing is just strange to me. And just bit too 1984.
Krista Scott's comment, October 12, 4:51 PM
I could agree that drones could have a positive effect for high tourist cities such as LA and Las Vegas. It would be good because there would be cops walking the streets patrolling and their would be an eye in the sky also watching to prevent such things from happening in the future.
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Law enforcement pushes back against bills to allow privatized police forces

Law enforcement pushes back against bills to allow privatized police forces | Police Problems and Policy | Scoop.it
WEST MICHIGAN (NEWSCHANNEL 3) - Law enforcement officials statewide are pushing back against a pair of bills that would privatize police agencies.Area sheriffs are calling this proposed legislation dangerous and saying it doesn't have enough oversight, and
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Sam Unruh's comment, October 9, 1:02 AM
I agree with Koops. It seems like having the privatized police forces would pretty much be reinventing the wheel.
Rob Duke's comment, October 12, 2:13 AM
Yes, but it's a way to quickly transfer a new work force to a reduced benefit package. The problem is that any under-funded retirement system then either collapses or relies on taxpayers for survival...
Jessica Obermiller's comment, October 12, 12:34 PM
This one hits close to home. My father worked for 35 years for the FAA and, if you can remember, when Bush was re-elected he privatized the FAA making it Lockheed-Martin. MANY people lost their jobs, pensions, and more. All of a sudden we had people who were at least 18 with a GED in control of all the planes over America. Of course there aren't all teens, but my father spent 4 years in the Air Force to learn his job. I agree with Rob, the system would collapse or fall back onto the tax payers. I personally am against privatizing LEOs. I feel that if they did that salary would decrease and more would be asked of them, just the same as Lockheed-Martin. (Thankfully Alaska was the only state exempt from the privatization because of all the bush pilots. So my dad wasn't one of the ones who lost their jobs.) It also sounds like they would be buying new equipment, and that would fall on the tax payers.
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Judge won't wipe out guilty verdict for Arpaio

Judge won't wipe out guilty verdict for Arpaio | Police Problems and Policy | Scoop.it
A federal judge has ruled that President Donald Trump's pardon of former Arizona Sheriff Joe Arpaio ends his prosecution for criminal contempt of court, but does not wipe out the guilty verdict she returned or any other rulings in the case.

In her order Thursday, Phoenix-based U.S. District Court Judge Susan Bolton rejected arguments from Arpaio's lawyers and Justice Department prosecutors that the longtime Maricopa County sheriff was entitled to have all rulings in the case vacated, including the guilty verdict the judge delivered in July after a five-day trial.


“The power to pardon is an executive prerogative of mercy, not of judicial recordkeeping," Bolton wrote, quoting an appeals court ruling. "To vacate all rulings in this case would run afoul of this important distinction. The Court found Defendant guilty of criminal contempt. The President issued the pardon. Defendant accepted. The pardon undoubtedly spared Defendant from any punishment that might otherwise have been imposed. It did not, however, 'revise the historical facts' of this case."
Rob Duke's insight:
Courts like to pretend that they're not political, but that's often not the case.
Will Joe appeal?  Can he appeal?  My guess is that he'll pursue it....
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Ask Your Employees These Questions. They Will Thank You

Ask Your Employees These Questions. They Will Thank You | Police Problems and Policy | Scoop.it
What are you good at doing? Which work activities require less effort? What do you take on because you believe you’re the best person to do it? What have you gotten noticed for throughout your career? The idea here is to help people identify their strengths and open possibilities from there.

What do you enjoy? In a typical workweek, what do you look forward to doing? What do you see on your calendar that energizes you? If you could design your job with no restrictions, how would you spend your time? These questions help people find or rediscover what they love about work.

What feels most useful? Which work outcomes make you most proud? Which of your tasks are most critical to the team or organization? What are the highest priorities for your life and how does your work fit in? This line of inquiry highlights the inherent value of certain work.

What creates a sense of forward momentum? What are you learning that you’ll use in the future? What do you envision for yourself next? How’s your work today getting you closer to what you want for yourself? The goal here is to show how today’s work helps them advance toward future goals.

How do you relate to others? Which working partnerships are best for you? What would an office of your favorite people look like? How does your work enhance your family and social connections? These questions encourage people to think about and foster relationships that make work more meaningful.

It’s not easy to guide others toward purpose, but these strategies can help.
Rob Duke's insight:
These are important because they encourage reflection, but you have to listen and act on what you find.
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Young boy sets up doughnut stand for his police superheroes

Oliver Davis, 6, wants to be a police officer when he grows up. He says police officers are his superheroes. Oliver set up a doughnut and lemonade stand on Friday and invited police to stop by for refreshments.
Rob Duke's insight:
I want to be mad, but he has donuts....
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Jessica Obermiller's comment, October 16, 1:48 PM
Haha to your comment Rob. This is so sweet. My son one time insisted he gave a can of soda to all the ambulance crew when they came to take me away one time. He said they needed their energy for taking care of his mommy. This little boy seems so adorable. To already have such a strong sense of what he wants to do at the age of 6 is wonderful. I just hope our school system and our culture of police violence doesn't soil him before he becomes an adult.
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LA Sheriff Calls for Forensic Specialists to Analyze Videos

LA Sheriff Calls for Forensic Specialists to Analyze Videos | Police Problems and Policy | Scoop.it
David McNew/Getty Images
FILE - Unlike US Attorney General Jeff Session, Los Angeles County Sheriff Jim McDonnell says there are benefits to federal agreements mandating reforms at law enforcement agencies
The Los Angeles County Sheriff's Department has proposed hiring forensic video specialists to analyze deputy-involved shootings and other critical incidents.
The request for 32 specialists is part of a $55 million-a-year body camera proposal that Sheriff Jim McDonnell sent to the LA County Board of Supervisors on Friday, reports NBC4 media partner KPCC.
Analysts would look for glitches caused by things like video compression, which could fail to capture or misrepresent critical fractions of a second, said Sheriff's Capt. Chris Marks, adding that even a quarter of a second could be critical in an officer-involved shooting because of the speed with which a person could turn toward or away from an officer.
Parris Ward, an outside consultant to the Los Angeles Police Department who reviews videos for them on an as-needed basis and who has been an expert witness for the sheriff's department in cases involving dash cam and security video, said compressed video rarely makes or breaks a case.
Rob Duke's insight:
We thought storage was going to be the big cost item for body cams, but personnel to manage the unit are proving to also be costly.
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ESTATE OF LOPEZ v. GELHAU | 149 F.Supp.3d 1154... | 20160121774| Leagle.com

ESTATE OF LOPEZ v. GELHAU | 149 F.Supp.3d 1154... | 20160121774| Leagle.com | Police Problems and Policy | Scoop.it
Attorney(s) appearing for the Case

Christian Fabian Pereira, Arnoldo Casillas, Casillas, Moreno & Associates, A Professional Law Corporation, Montebello, CA, for Plaintiffs.

Steven Corson Mitchell, Geary Shea O'Donnell Grattan & Mitchell, P.C., Santa Rosa, CA, James V. Fitzgerald, III, McNamara, Ney, Beatty, Slattery, Walnut Creek, CA, Jesse F. Ruiz, Robinson & Wood, Inc., San Jose, CA, Robert Wayne Henkels, Office of the Attorney General, San Francisco, CA, for Defendants.

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT

PHYLLIS J. HAMILTON, United States District Judge.

Defendants' motion for summary judgment came on for hearing before this court on December 9, 2015. Plaintiffs Estate of Andy Lopez, Rodrigo Lopez, and Sujay Cruz ("plaintiffs") appeared through their counsel, Arnoldo Casillas. Defendants Erick Gelhaus and County of Sonoma ("defendants") appeared through their counsel, Steven Mitchell. Having read the papers filed in conjunction with the motion and carefully considered the arguments and the relevant legal authority, and good cause appearing, the court hereby rules as follows.

BACKGROUND

On October 22, 2013, at approximately 3:15pm, 13-year-old Andy Lopez ("Andy") was walking along a sidewalk in Sonoma County, carrying a toy rifle. See Second Amended Complaint ("SAC"), ¶ 20. According to defendants, the rifle was designed to look like a real AK-47 assault rifle, and the orange tip used to distinguish toy rifles had been removed. See Dkt. 63 at 6-7.

Two Sonoma County Sheriff's deputies, Erick Gelhaus and Michael Schemmel, were patrolling the area at the time. Though the deputies had not received any reports about an individual carrying a weapon, they noticed Andy on their own, and decided to approach him. SAC, ¶¶ 23-24.

The deputies stopped their patrol car and activated its siren and emergency lights. Dkt. 63 at 4. At that time, Andy was approximately 35-40 feet away from the deputies, with his back facing towards them. SAC, ¶¶ 24-25. Either one or both of the officers (the parties dispute this fact) drew their weapons and pointed them at Andy, and at least one of the deputies shouted out a command to Andy (defendants claim that Gelhaus gave a command to "drop the gun!"). See SAC, ¶¶ 24, 26; Dkt. 63 at 5. In response, Andy turned towards the deputies. SAC, ¶ 27. There is no dispute that, up until this point, Andy was holding the rifle in one hand, at his side, pointing down. Dkt. 63 at 5. Defendants claim that, as Andy turned towards the deputies, they observed the barrel of the rifle "come up and towards them," while plaintiffs allege that "[t]he toy gun was at his side." See Dkt. 63 at 5; SAC,
[149 F.Supp.3d 1157]
¶ 27. As Andy turned, Gelhaus fired his pistol, hitting Andy and sending him to the ground. SAC, ¶ 30. Gelhaus continued to fire at Andy while he lay on the ground, and Andy ultimately died while on the sidewalk. SAC, ¶¶ 30, 34.

Andy's parents, Rodrigo Lopez and Sujay Cruz, filed this suit on November 4, 2013, on behalf of themselves and the Estate of Andy Lopez. The operative second amended complaint was filed on June 20, 2014, and asserts five causes of action: (1) unreasonable seizure under section 1983 against defendant Gelhaus, (2) municipal liability for unconstitutional customs/practices under section 1983 against defendant Sonoma County, (3) interference with familial integrity (styled as a substantive due process violation) under section 1983 against defendants Gelhaus and Sonoma County, (4) wrongful death against defendants Gelhaus and Sonoma County, and (5) a "survivorship" claim against defendants Gelhaus and Sonoma County.
Rob Duke's insight:
Here's the 9th Circuit case that I discuss below.
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NOPD officer killed in New Orleans East shootout

NOPD officer killed in New Orleans East shootout | Police Problems and Policy | Scoop.it
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A gunman killed a New Orleans police office overnight on Friday morning in eastern New Orleans.

The officer was patrolling the area of Tower Lane and Lake Forest Blvd. when he saw something suspicious, according to NOPD Superintendent Michael Harrison.

When the victim got out of his car, the perpetrator fired on him. The officer fired back. Both men were hit in the shootout. The officer collapsed at the scene, while the perpetrator ran to a nearby apartment complex. Harrison said the shooter is believed to be a 30-year-old man.
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Daniel Heppeard's comment, October 15, 11:40 PM
My condolences go out to the police officer whose life was ended abruptly. It saddens me to see that people are so much against the police that they are willing to take another man's life away from him. May this police officer rest in peace.
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State Supreme Court to decide if L.A. County sheriff can give names of problem deputies to prosecutors

State Supreme Court to decide if L.A. County sheriff can give names of problem deputies to prosecutors | Police Problems and Policy | Scoop.it

Los Angeles County Sheriff Jim McDonnell is seeking to give prosecutors the names of deputies with histories of dishonesty and similar misconduct. (Marcus Yam / Los Angeles Times)
Maya LauContact Reporter
The debate over a secret list of 300 Los Angeles County sheriff’s deputies with histories of dishonesty or similar misconduct is now before the California Supreme Court.

In an order filed Wednesday, the court said it would consider an appeal made by Sheriff Jim McDonnell in his attempt to reveal to prosecutors the names of deputies whose past wrongdoing could call into question their credibility as witnesses in criminal proceedings.

The announcement is the latest turn in a closely watched case pitting the privacy rights of law enforcement officers against the rights of criminal defendants. The issue has inspired an unusual alliance between professional associations representing some public defenders and prosecutors in California — as well as state Atty. Gen. Xavier Becerra and the American Civil Liberties Union of Southern California — all of whom are publicly supporting McDonnell’s position in the case.

The legal battle began a year ago when the union that represents rank-and-file deputies in L.A. County went to court to block McDonnell from giving the list to prosecutors, arguing that doing so would violate state officer confidentiality laws and cast an unfair light on deputies whose mistakes were long ago.
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Riley Landeis's comment, October 19, 8:17 PM
I think this sounds like a good idea, but to what extent are these wrong doings being dug up? and what exactly is the definition of one of these wrong doings? Are officers who made a mistake as a rookie being added to the list, or are we talking about officers who are known meat eaters? If this has to do with bringing to light corruption that officers engage in, then I am all for it.
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Family of man killed by Seward police officer makes public call for answers

The family said they were able to view Micah McComas’ body this week, but that only raised more questions about the Oct. 1 shooting.
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Riley Landeis's comment, October 19, 8:24 PM
This is a tough one here and a situation where the truth might only be known by those who were involved. It would be interesting to see if they have any camera footage of what really happened.
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How the Mental Health Industry Fails the Mentally Ill

How the Mental Health Industry Fails the Mentally Ill | Police Problems and Policy | Scoop.it
A new book argues that mental health authorities’ failure to address the public safety challenge posed by individuals with serious mental illness unfairly shifts the burden to police and the courts. DJ Jaffe, the author, explains why in a conversation with The Crime Report.
Rob Duke's insight:
Combine this with David Rothman's "The Discovery of the Asylum: Order and disorder in the new republic" and you've got a good Winter break reading list.
The how did we get here and why isn't it working....
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Jessica Obermiller's comment, October 14, 4:38 AM
This sounds like a really good read, and actually a topic I covered for a project a couple of years back. I'll have to look for David Rotman's book as well. Thanks for the tip! I am very open about the fact I spent three weeks in a mental institution for severe anxiety and mood swings due to my physical health problems. One thing that I think pushes the negative stereotype associated with the mentally ill is the fact that we are not taught the brain as an organ the same way we are taught about other organs. Growing up you learn that people sometimes have a bad heart and need to take heart medication or that someone has cancer and needs chemo. But you I was never taught that the brain is an organ just like any other, and just like any other, sometimes it gets sick and you need to take medication for it. This is one of the reasons I get offended at the idea of not wanting to work under someone who was on Prozac as you were talking about in class. I myself am on Prozac and another psych drug. Anyone with my list of medical complications is bound to have some mental problems to go along with it! Going back to the article, I think people forget the whole "the brain is an organ" thing because we lock up people sometimes, a lot of times, who have mental illnesses. We don't lock up people with bad hearts or failing livers. It makes people with mental illnesses seem dangerous. And yes, of course there are many who are, but not all of them. All of us. Psych wards and mental institutions feel almost prison like. You sleep on matrices on cement blocks, you can't have your door closed, they tell you when to eat and when to take medications, they require you to take classes, they limit what you're exposed to from the outside world, and they basically strip you of your identity. To me, that's the mental healthcare industry basically saying people with mental illnesses are closer o prisoners than patients.
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Troopers confirm Seward officer shot and killed man during traffic stop

The new information was the first acknowledgement by investigators that McComas was handcuffed just before he was killed.
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DS's curator insight, October 11, 11:48 PM

"Controlling Street level Police Discretion is a high priority. "Developing measures of Police discretion that matter to the Police, the public, and administration is important. "Coping with "situational exigencies" can lead to discretion control problems. Studies show how the suspect responds affects the officers use of discretion. "Democratic police accountability means little without the capacity to control officer discretion." - Mastrofski. The Reasonable Officer standard encourages practical policing. The search of the suspects wallet was not for weapons. The use of lethal force in the line of duty should be subject to a stricter standard. The manner in which Police came to handle this incident will be reviewed.  

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Could scrapping gang list have unintended consequences?

Could scrapping gang list have unintended consequences? | Police Problems and Policy | Scoop.it
Could scrapping gang list have unintended consequences?, Local News, Portland local News, Breaking News alerts for Portland city.
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DS's curator insight, October 12, 12:24 AM

The Consequences of Labeling are an excessive use of force. The persons self-image is damaged as a result of their reflected appraisals; their self-image changes as a result low-esteem leads to increased secondary deviance. The poor and powerless get labeled as they are unable to defend themselves against the negative consequences of labeling. The persons identity is transformed stigmatizing offenders and contributing to the dramatization of evil. Social Reaction theory. -Lemert.

 

This Legislation is a good way to Control Street Level Police discretion, hard/soft profiling, and the use of Force. Unchecked discretion can lead to excessive force. Officers repeatedly placed in "situational exigencies" may experience stress, decreasing their capacity to control crime. There is a value trade-off, public safety vs. individual liberties. This will influence the evidence available in a field setting. Unintended Consequence Imminent.

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LAPD pressured murder confession from teenager, court rules in overturning conviction

LAPD pressured murder confession from teenager, court rules in overturning conviction | Police Problems and Policy | Scoop.it
LAPD pressured murder confession from teenager, court rules in overturning conviction
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Riley Westfall's comment, October 9, 11:12 PM
Westfall's Insight: They should have allowed him his rights to see a lawyer.
Jessica Obermiller's comment, October 12, 12:23 PM
This short article did not mention if there was a child social worker in the room while the then-14-year-old was being questioned. It does sound like his rights were violted and, even if he did do the crime, officers should not be allowed stall tactics while waiting for a lawyer or promising to go easy on them if they skip the lawyer and tell the truth. His rights ere for sure violated.
Riley Landeis's comment, October 19, 8:27 PM
This is similar to the legal and psychological abuse we talked about in class and this story here looks like a textbook example of this. I'm glad they ruled in his favor, this behavior should not be going on.