Tag: police accountability

FBI Gone Wild: Internal memos chronicle years of drunk driving, lost weapons and other misconduct

Scores of FBI employees have been caught over the last five years engaging in unethical and illegal conduct such as driving drunk, stealing property, assaulting a child, mishandling classified documents, and losing their service weapons — but they often escaped being fired, according to internal disciplinary files provided to Just The News. 

One agent left a highly lethal M4 carbine unsecured in his government car during a Starbucks run and had the weapon stolen, but even he received only a two-week suspension despite violating the bureau’s protocols for weapons storage, the records show.

“Although there was a lockbox in the trunk for storage of weapons and sensitive items,” the agent chose to store the rifle bag behind the car’s front passenger seat, one report shows. “While Employee was in the Starbucks, the Bucar was burglarized. The rear passenger, rear driver, and tailgate windows were broken, and the rifle bag containing the M4 was stolen.” 

Sexual misconduct was also rampant in the reports dating to 2017, including inappropriate affairs with felons in prison, confidential sources and subordinate employees. The sexual transgressions, however, often resulted in firings, unlike the drunk driving and lost weapons offenses.

Typically emailed to all Bureau employees each calendar quarter, the FBI Office of Professional Responsibility (OPR) reports provided to Just the News by a whistleblower afford an unprecedented look into the breadth of misconduct among the FBI’s workforce of 35,000, including agents, intel analysts, lab scientists and crime scene technicians.

You can read all of the reports here.

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Qualified Immunity Is Burning a Hole in the Constitution

The Supreme Court created qualified immunity out of thin air in 1967, just six years after the Court first recognized that people could sue police officers and other government officials for violating their constitutional rights. In that first qualified immunity case, Pierson v. Ray, the Court held that the officers were entitled to a “good faith” immunity in civil rights cases. Chief Justice Earl Warren, writing for the majority, explained that this immunity from suit was necessary because, otherwise, officers could be held liable when they mistakenly believed the law authorized an arrest. As Chief Justice Warren explained, “A policeman’s lot is not so unhappy that he must choose between being charged with dereliction of duty if he does not arrest when he has probable cause and being mulcted in damages if he does.”

Although a “good faith” defense was the impetus for qualified immunity, today, officers are entitled to qualified immunity even if they act in bad faith, so long as there is no prior court decision with nearly identical facts. For more than five decades, the Supreme Court has repeatedly strengthened qualified immunity’s protections, describing each additional layer of defense in increasingly terrified tones as necessary to protect officers from the unyielding power of civil rights lawsuits.

The first — and arguably most seismic — shift to qualified immunity came in 1982 in a case called Harlow v. Fitzgerald. In Harlow, the Court concluded that officers’ entitlement to qualified immunity should not depend on whether they acted in good faith. In order to prove good faith, officers would have to be deposed — questioned under oath — about their state of mind at the time they violated the Constitution, and a case would go to a jury if an officer’s good faith was in dispute. Justice Powell, who wrote the majority opinion in Harlow, reasoned that requiring officers to participate in discovery and trial in an “insubstantial case” was a burden to the officer, who would need to spend time defending himself instead of doing his job. And the Court feared that this type of distraction would harm not only the officer but also “society as a whole” by discouraging “able citizens from acceptance of public office” and “dampen[ing] the ardor of all but the most resolute, or the most irresponsible [public officials], in the unflinching discharge of their duties.” So, to protect officers from having to participate in discovery and trial in “insubstantial cases,” the Court held in Harlow that an officer’s intentions do not matter to the qualified immunity analysis. Instead, officers are entitled to qualified immunity so long as they do not violate what the Court called “clearly established law.”

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Video Raises Questions About Tortuguita’s Death at “Cop City” Amid Permit Appeal

Body-worn camera video released by the Atlanta Police Department (APD) showing the immediate aftermath of a Georgia State Patrol trooper’s fatal shooting of Manuel Esteban Paez Terán at the forested site of a planned police training facility raises questions about the Georgia Bureau of Investigation’s (GBI) initial story of Terán’s killing. The video release comes at a time when the facility’s land disturbance permit is being legally challenged.

APD released four videos from a unit of officers who were not directly involved in the shooting. The footage appears to confirm Terán’s killing was carried out by a Georgia State Patrol SWAT team, which is not required to wear body cameras.

Terán, whose chosen name was Tortuguita, was shot and killed by police on January 18 during a violent raid on a protest encampment in the South River Forest that has blockaded construction of what Atlanta-area activists have dubbed “Cop City,” an 85-acre, $90 million police militarization and training complex spearheaded by the Atlanta Police Foundation that, if built, would be one of the largest police training facilities in the country. The site would contain several shooting ranges, a helicopter landing base, an area for explosives training, police-horse stables and an entire mock city for officers to engage in role-playing activities.

The GBI initially said Tortuguita was shot and killed after allegedly firing a gun and injuring a Georgia state trooper during the raid, but APD’s newly released body camera video appears to show officers suggesting that the trooper was shot by friendly fire in the initial moments after the shooting. In one video, after gunshots ring out through the forest, an officer can be heard saying, “That sounded like suppressed gunfire,” implying the initial shots were consistent with the use of a law enforcement weapon, not the Smith & Wesson M&P Shield nine-millimeter the GBI alleges Tortuguita purchased and fired upon the trooper with, which did not have a suppressor.

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Family Shocked as Cop Who Beat Elderly Grandma to Be Released Early, Serving Less than 1/5 of Sentence

On June 26, 2020, Karen Garner, 73, walked from her home to the local Walmart two blocks away to get some supplies. Everything that happened after this trip to Walmart became the subject of an excessive force lawsuit against the Loveland Police Department that cost taxpayers $3 million because they have no idea how to treat elderly women with dementia.

That $3 million now goes to the round-the-clock care required for Garner after the attack left her disabled.

For nearly a year, the cops who savagely attacked the elderly woman thought they got away with it. However, in April 2021, the Loveland city manager announced that Officer Austin Hopp, Officer Daria Jalali, Sgt. Phil Metzler, and Community service officer Tyler Blackett had all been suspended and placed on administrative leave. Then, the following May, Jalali and Hopp were both charged.

At the time, the chief of the Loveland police department, Robert Ticer referred to the incident, saying, “What you saw on the video is not the Loveland Police Department.”

In March, Hopp took a plea deal. Before that deal, Hopp had faced a mandatory sentence between 10 and 32 years for his brutal attack on the innocent woman as she picked flowers walking home from the store.

Last May, Hopp was sentenced to 5 years but thanks to his blue privilege, this cop could be out of jail next week — after serving only nine months. CBS reports Hopp is scheduled to appear in a northern Colorado court next week to possibly be transitioned out of prison and into a halfway house program.

“The Garner family is shocked and confused that former Officer Hopp is being offered a parole hearing to discuss the opportunity of moving to Community Corrections,” the family wrote in a statement. “His plea deal and sentence of 2-5 years did not even offer the opportunity of a parole hearing until April of 2024. He’s only served 9 months of his sentence. This is likely being offered due to prison overcrowding, according the CO DCC website, and we’d like to know what Governor Polis is doing to make sure violent offenders are not being let out years early, as is happening in this case.”

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Serial Rapist Cop, Who Pulled Over Women to Rape Them at Night, Gets Insultingly Low Sentence

As the Free Thought Project frequently reports, when most people see police lights in their rearview mirror, the last thing they feel is “protected.” When a cop pulls you over, it most likely means you are about to be extorted for a victimless crime. However, if the cop in the story below was pulling you over, it meant something much worse than mere extortion. If you were a woman, it meant you were about to be kidnapped and raped.

As TFTP previously reported, Arizona Department of Public Safety Trooper Tremaine Jackson, 43, was arrested on a whopping 61 charges of everything from kidnapping to sexual assault. The trooper, who’d been with the department for 13 years, is accused of pulling women over and sexually assaulting them.

As part of a plea deal, Jackson pleaded guilty to the following charges:

  • Attempted kidnap with sexual intent
  • Unlawful imprisonment with sexual intent
  • Unlawful sexual conduct by a peace officer
  • Bribery with sexual intent
  • Fraud with sexual intent

This month, Jackson’s blue privilege shined through — despite the slew of charges and victims — and he was sentenced to just five years in jail.

The taxpayers of Maricopa County were held liable for his sick acts instead. The lawsuit states that Arizona should be held liable for the wrongful conduct of its officers, employees, agents, districts, divisions, and subdivisions.

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Oklahoma Bill Would Create State Process to End Police Qualified Immunity

A bill introduced in the Oklahoma House would create a process to sue police officers and government officials in state court for the deprivation of individual rights without the possibility of “qualified immunity” as a defense.

Rep. Regina Goodwin (D) prefiled House Bill 1631 (HB1631) for introduction on Feb. 6. The legislation would create a cause of action in state courts to sue a police officer who “under color of law, subjects or causes to be subjected, including failing to intervene, any other person to the deprivation of any individual rights that create binding obligations on government actors secured by the Bill of Rights, Article II of the Oklahoma Constitution.”

The bill specifically prohibits “qualified immunity” as a defense.

Typically, people sue police for using excessive force or other types of misconduct through the federal court system under the U.S. Bill of Rights. But federal courts created a qualified immunity defense out of thin air, making it nearly impossible to hold law enforcement officers responsible for actions taken in the line of duty. In order to move ahead with a suit, the plaintiff must establish that it was “clearly established” that the officer’s action was unconstitutional. The “clearly established” test erects an almost insurmountable hurdle to those trying to prove excessive force or a violation of their rights.

In effect, the passage of HB1631 would create an alternative path to address violations of rights in state court with no qualified immunity hurdle to clear.

A similar law was passed in Colorado.

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A top Border Patrol official resigned after allegedly pressuring female employees for sex, officials say

A top official at the U.S. Border Patrol abruptly resigned in October after allegations came to light that he pressured a subordinate employee to perform sexual favors, and other women have since made similar allegations that they were victimized by him, say three Department of Homeland Security officials. 

Tony Barker, who served as the acting chief of the law enforcement operations directorate for the Border Patrol, is now under investigation for his behavior by Customs and Border Protection’s Office of Professional Responsibility, the three officials say. 

According to the sources, one woman said she had a consensual relationship with Barker that she tried to end, prompting Barker to retaliate. Barker allegedly threatened to tell others that she had illegally issued contracts if she did not perform sexual favors.

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Two retired Met Police officers are charged with child porn offences after serving chief inspector was found dead before he could also be charged

Two retired Metropolitan Police officers have been charged with child sex offences as part of an investigation into a serving Met chief inspector who was found dead before he could also be charged.

In a statement, the Met said the charges followed a ‘lengthy and complex’ investigation into Richard Watkinson, 49, who was a serving Met Chief Inspector for neighbourhoods policing at the West Area Command Unit.

He was found dead in Buckinghamshire on Thursday, January 12, the same day he was due to answer bail to be charged with conspiracy to distribute or show indecent images of children, three counts of making indecent photos of a child, voyeurism and two counts of misconduct in public office.

The Crown Prosecution Service had authorised charges against him.

His death is being treated as unexplained but not suspicious and an inquest has opened and adjourned.

Met officers found Watkinson’s body having attended the address following welfare concerns.

He had been suspended from duty following his arrest in July 2021.

Jack Addis, 63, of no fixed address but from Perthshire, Scotland, and Jeremy Laxton, 62, from Lincolnshire, will appear at Westminster Magistrates’ Court on Thursday, February 9.

Addis has been charged with conspiracy to distribute or show indecent images of children. He was arrested in November 2021.

Laxton has been charged with conspiracy to distribute or show indecent images of children, three counts of making indecent photos of a child, possession of prohibited images of a child, possession of extreme pornographic images and intentionally encouraging or assisting an offence (misconduct in public office). He was arrested in September 2021.

They both left the force over a decade ago.

The alleged offences took place between January 1, 2018 and September 20, 2021.

Commander Jon Savell, said: ‘Chief Inspector Watkinson was facing extremely serious and concerning charges, as the result of a painstaking and thorough police investigation.

‘Before this matter came to light, we had no previous information about these allegations or to indicate the officer posed any risk to the public.

‘He had not faced any other criminal or conduct matters during his Met career.

‘He had been suspended from duty since his arrest.

‘Two other men were also arrested during the course of the investigation and have been charged, their matters will now progress through the courts.’

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A Sheriff in Louisiana Has Been Destroying Records of Deputies’ Alleged Misconduct for Years

The Jefferson Parish Sheriff’s Office in Louisiana has been unlawfully destroying its deputies’ disciplinary records for at least 10 years, according to records provided by state officials responsible for overseeing the retention of records by state, parish and local agencies.

The finding comes at a time when the sheriff’s office is facing multiple lawsuits involving allegations of excessive force, racial discrimination and wrongful death at the hands of Jefferson Parish deputies. Attorneys have accused Sheriff Joe Lopinto of failing to discipline deputies and a lack of transparency when it comes to releasing records that might shed light on their history of complaints and disciplinary action.

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Real-Life ‘Training Day’: Inside the Corruption Scandal That Brought Down the Oakland PD

Nobody really knows how Ghost Town got its name, but the moniker fits. Walled off from most of Oakland by freeways on its northern and eastern borders and warehouses to the west, Ghost Town—known formally as the Hoover-Foster neighborhood — has been haunted since the mid-twentieth century by the combined forces of racism, deindustrialization, and chronic unemployment. It was always a working-class community, but for most of its existence, Ghost Town residents could find decent-paying jobs on the East Bay’s burgeoning industrial waterfront. That changed starting in the 1950s as factories closed, and Oakland’s economy descended into a multi- decade decline.

White residents left the neighborhood, and much of the rest of Oakland, for the prosperity of expanding suburbs. At one point, a high proportion of houses and storefronts in Ghost Town were vacant and boarded up. Huey Newton, cofounder of the Black Panther Party (BPP), referred to West Oakland in his autobiography as a “ghost town but with actual inhabitants.” Newton’s sour comment stuck in the minds of locals, who started using the epithet themselves. If there was any doubt about whether the area should be called a ghost town, it was settled by the 1980s.

The federal “War on Drugs,” launched the previous decade by President Richard Nixon, transformed Ghost Town into a battlefield between rival dealers, and between dealers and cops. For the Oakland police, Ghost Town was hostile territory — a place to drive through cautiously while on patrol, meandering back and forth between West Street and San Pablo Avenue on long, numbered streets crowded with parked, semi-operable cars. In the 1990s Ghost Town truly felt abandoned. Darkness enveloped entire blocks of dilapidated bungalows, run-down apartment buildings, and weathered Victorians illuminated only by the neon glow of corner liquor stores. The sounds of gunfire and sirens were common. Murders were frequent. By this point, the social movements of the 1960s and 1970s were spent, no longer a counterforce offering hope and some measure of order to the mostly Black residents of Oakland’s flatlands. The social decay of racism and poverty could not be held at bay.

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