Tag: police accountability

INDIANA JAIL LET MAN WITH SCHIZOPHRENIA STARVE TO DEATH IN SOLITARY, LAWSUIT ALLEGES

On July 20, 2021, apartment managers entered 29-year-old Indiana resident Joshua McLemore’s home, found him confused, incoherent, and nude on the floor, and had McLemore transported to a Seymour, Indiana, hospital. McLemore’s mother had called her son’s living complex, worried he could have been having a psychotic episode. At the hospital, McLemore grabbed a nurse’s hair and the Seymour Police Department arrested him on battery charges.

At the Jackson County Jail, McLemore, who had schizophrenia, was stripped naked and thrown into solitary confinement in what was known as “Padded Cell 7,” a small room without toilet access.

Surveillance footage over 21 days shows him screaming; rocking back and forth; licking the walls; smearing his feces and urine all over the floor; violently shoving a plastic bottle into his rectum; throwing his food on the ground; and eating the styrofoam food trays that made their way through the thin slot at the cell door.

According to the lawsuit, he lost 45 pounds in less than a month. Jail staff rarely checked in on him. Jackson County Sheriff’s Office (JCSO) employees occasionally placed McLemore in restraints and wheeled him into a shower as JCSO forced other imprisoned people to clean the excrement in his cell. On August 8, a guard named Beverly texted her supervisor, “Just bathed him. And he can’t hold his hands, legs, anything. He’s dead weight.”

In the footage, McLemore’s body visibly shrinks over weeks until he doesn’t have the strength to hold his head up.

“Get up, buddy,” a corrections officer asks. But he can’t. In one portion of the footage, a female guard sprays him with liquid soap and hoses him down so that he does not smell before EMS comes.

On August 8, jail officials noticed that McLemore—visibly emaciated and unable to hold up his body—likely needed medical care. But medical officials were unable to save him. According to a suit, doctors listed McLemore’s cause of death as “multiple organ failure due to refusal to eat or drink with altered mental status due to untreated schizophrenia.”

McLemore’s family alleges that at least 20 people, including Sheriff Rick Meyer, had access to roughly 400 hours of footage of McLemore wasting away in his cell. Edwin Budge, the family’s attorney, said he could not understand why no one called 911 earlier.

Keep reading

New Mexico Cops Fatally Shoot Homeowner After Showing Up at the Wrong House

Police in Farmington, New Mexico, fatally shot a man while responding to a domestic disturbance call at the wrong house. The man killed lived across the street from the house police had been called to.

“On April 5, 2023, at around 11:30 p.m., the Farmington Police Department received a call for a domestic violence incident occurring at 5308 Valley View Avenue,” according to the New Mexico State Police Investigations Bureau, which is now investigating the incident. “Once on scene, officers mistakenly approached 5305 Valley View Avenue instead of 5308 Valley View Avenue.” Police knocked on the (wrong) door, no one answered, and “officers asked their dispatch to call the reporting party back and have them come to the front door.”

As they started to leave, 52-year-old homeowner Robert Dotson opened his front door holding a handgun—not an entirely unreasonable thing for someone to do when they get a strange knock on their door late at night.

No one alleges that Dotson pointed the gun at the police officers or threatened them.

Nonetheless, “at this point in the encounter, officer(s) fired at least one round from their duty weapon(s) striking Mr. Dotson,” the state police report. The Farmington officers did not even tell the man who answered the door to drop his weapon nor give him time to comply with their order before firing upon him, according to the statement from state police.

This would be an insane overreaction even if the police had been at the right house. That police weren’t even at the right house of course makes the shooting all the more senseless.

Dotson was pronounced dead at the scene.

Keep reading

Family Granted $26 Million After Body Cam Showed Cop Execute Innocent Unarmed Child

On a Saturday night in a North Texas town in 2017, 15-year-old Jordan Edwards was murdered by a Balch Springs police officer. Jordan was a passenger in a car that had merely driven away from a party. Immediately after police killed him, the chief parrotted his officer’s false claim of fearing for his life as the vehicle drove “aggressively toward him.”

After watching the body-camera footage, however, the chief realized he’d spread a lie. So, he did the right thing and told the public the truth — the car was not a threat and was driving away.

Police Chief Jonathan Haber admitted that the car full of innocent teenagers was driving away from the officer when he raised his AR-15 and shot Jordan Edwards in the head.

“It did not meet our core values,” Haber said of the officer’s actions.

Based on the extensive reporting the Free Thought Project has done on officers shooting into vehicles, we predicted the original story would probably not be backed up by the body-camera footage, and we were correct.

The shooting was so egregious that Oliver was found guilty of murder in 2018 and was sentenced to 15 years in state prison.

Now, six years after Balch Springs Police officer Roy Oliver raised his AR-15 and dumped multiple rounds into a car full of innocent children — executing one of them — Jordan’s family has the rest of their closure. The family’s federal civil rights trial began last week and concluded on Monday with a $26.1 million settlement: $8.5 million to Edwards’ father, Odell, for damages; $2.1 million in estate for damages such as mental anguish and funeral expenses; and $11 million in punitive damages.

Keep reading

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.

Keep reading

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.”

Keep reading

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.

Keep reading

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.”

Keep reading

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.

Keep reading

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.

Keep reading

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.

Keep reading