Jury Returns Mixed Verdict For 3 Former Memphis Officers Convicted in Fatal Beating of Black Motorist Tyre Nichols

A jury on Thursday returned a mixed verdict for three former Memphis police officers convicted in Tyre Nichols’ fatal beating.

Last September five ex-Memphis police officers were indicted by a federal grand jury in connection with the fatal beating of black motorist Tyre Nichols.

Last year, the state charged the five police officers with second-degree murder and kidnapping in the death of Tyre Nichols.

The officers, Tadarrius Bean, Demetrius Haley, Emmitt Martin III, Desmond Mills Jr. and Justin Smith – were fired after Tyre Nichols died following a violent confrontation during a January 7 traffic stop.

Three of the officers, Tadarrius Bean, Demetrius Haley and Justin Smith, were convicted of witness tampering but acquitted of federal charges.

Officers Bean and Smith were acquitted of civil rights charges.

Two of the officers, Emmitt Martin III and Desmond Mills Jr., previously pleaded guilty to the same charges.

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FBI to pay more than $22 million to 34 women who claimed sexual harassment at training academy

The FBI has agreed to settle a class-action lawsuit by paying more than $22 million to 34 female recruits alleging they were sexual harassed and dismissed from the agency’s Quantico, Virginia, training facility, according to news reports Monday.

They women allege having been routinely harassed by instructors with sexually charged comments about their breast size, false allegations of infidelity and the need to take contraception “to control their moods,” according to the Associated Press

The settlement is still subject to approval by a federal judge. But if the payout is approved, it would be among the largest lawsuit settlements in the history of the FBI, the wire service also reports.

“These problems are pervasive within the FBI and the attitudes that created them were learned at the academy,” said David J. Shaffer, the lawyer for the women. “This case will make important major changes in these attitudes.”

The suit was filed in 2019 and also contends the female recruits were judged more harshly than their male peers and “excessively targeted for correction and dismissal in tactical situations for perceived lack of judgment” and subjective “suitability” criteria.

The FBI did not immediately comment on the settlement. However, mny of the allegations in the lawsuit were confirmed in a 2022 internal watchdog report. 

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Former Houston Drug Cop Convicted of Murder After His Lies Resulted in Two Deaths

A jury on Wednesday convicted former Houston narcotics officer Gerald Goines of two murder charges for instigating a January 2019 drug raid that killed a middle-aged couple, Dennis Tuttle and Rhogena Nicholas, he falsely accused of selling heroin. Goines admitted that he lied in the affidavit supporting the no-knock search warrant that authorized him and his colleagues to break into the couple’s home, describing a heroin purchase that never happened.

The prosecution argued that Goines’ lies made him criminally responsible for the deaths of Tuttle and Nicholas, who were killed after Goines and several other officers broke down the front door and immediately shot the couple’s dog. Tuttle, who according to prosecutors was napping in a bedroom at the time, reacted to the tumult and gunfire by grabbing a revolver and shooting at the intruders, injuring four of them, including Goines. The cops responded with a hail of at least 40 bullets, killing Tuttle and Nicholas, who was unarmed but allegedly looked like she was about to grab a gun from an injured officer.

The two murder charges against Goines were based on a statute that applies when someone “commits or attempts to commit a felony” and “in the course of and in furtherance of the commission or attempt…commits or attempts to commit an act clearly dangerous to human life that causes the death of an individual.” That charge was inappropriate in this case, the defense argued, because Goines’ underlying felony—producing the fraudulent search warrant affidavit—did not cause the deaths of Tuttle and Nicholas, which they brought on themselves.

“This case is overcharged,” defense attorney Mac Secrest told the jury during closing arguments on Tuesday. “It should never have been charged [as] felony murder,” he said while pointing at the prosecutors. “It got amped up to it because of the politics in their office, because of the media outcry, the pressure.”

Goines’ lawyers argued that Tuttle and Nicholas would still be alive if they had surrendered instead of resisting. While the prosecution emphasized that the cops fired first, Secrest emphasized that Tuttle fired “the first shot at a human being” (as opposed to the dog). “These officers didn’t fire upon anyone until they were fired upon themselves,” he said. “Nobody shot at Dennis Tuttle until he started putting bullets into peoples’ faces and necks.”

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Woman Sues After Being Arrested, Jailed, Tortured with Death-Metal Recordings Over Clerical Paperwork Blunder

Police refused to accept her own identification even though description didn’t match up.

A woman is suing Broward County, Florida, after law enforcement officers there arrested her for something someone else did, refusing to accept her own identification and ignoring the fact that the description of the wanted woman didn’t match.

The Institute for Justice reports the complaint against the county is on behalf of Jennifer Heath Box.

She charges authorities violated her constitutional right to be free from unreasonable search and seizure, as well as due process.

The IJ explained the background:

In December 2022, Jennifer went on a cruise with family members to celebrate the news that her younger brother, Mark, had beat cancer for the second time. After a fun week aboard the Harmony of the Seas, the cruise ship returned to Port Everglades on the morning of Christmas Eve, giving Jennifer enough time to spend Christmas with her three adult children. But when Jennifer scanned her ID to get off the ship, police surrounded her and told her there was a warrant for her arrest for child endangerment out of Harris County, Texas.

The IJ reported the warrant did seek a woman named Jennifer, but it wasn’t this Jennifer. And she documented that her own children already all were adults.

“It was a really scary and confusing experience, because I’ve never had run-ins with law enforcement and I have no criminal record,” she explained. “I couldn’t believe that I could be stopped, arrested, and jailed, just because my name was similar to someone they were looking for.”

She knew the officers were wrong, so she cooperated calmly and provided police with her license and date of birth, as well as information about her children.

It didn’t matter to officers.

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Albuquerque’s Police Chief Says Cops Have a 5th Amendment Right To Leave Their Body Cameras Off

Albuquerque, New Mexico, Police Chief Harold Medina operated his department-issued pickup truck “in an unsafe manner” on February 17, when he ran a red light and broadsided a car, severely injuring the driver. So concludes a recent report from internal investigators who looked into that shocking incident.

Duh, you might say if you have seen surveillance camera footage of the crash, which shows Medina crossing Central Avenue, a busy, four-lane street, against the light. He crosses the westbound lanes through a gap between two cars, forcing one of the drivers to brake abruptly, before barreling across the eastbound lanes, where he rams into the side of a gold 1966 Mustang driven by 55-year-old Todd Perchert.

Although Medina’s recklessness seems obvious, the Albuquerque Police Department’s Fleet Crash Review Board (CRB) earlier this year concluded that the crash was “non-preventable.” How so? Medina, who was on his way to a Saturday press conference with his wife when he took a detour to have a look at a homeless encampment, said he ran the light to escape an altercation between two homeless men that had escalated into gunfire at the intersection of Central and Alvarado Drive.

While “the initial decision to enter the intersection is not in question,” Lt. James Ortiz says in the Internal Affairs report, “the facts and circumstances do not relieve department personnel of driving safely to ensure no additional harm is done to personnel or to citizens.” Medina, Ortiz says, clearly failed to do that: “By definition, driving into a crosswalk, darting between two vehicles driving on a busy street, and crossing through an intersection with vehicles traveling eastbound were unsafe driving practices.” In this case, he notes, those unsafe practices “resulted in a vehicle collision with serious physical injuries to the victim, including a broken collarbone and shoulder blade, 8 broken ribs (reconstructed with titanium plates after surgery), collapsed lung, lacerations to left ear and head, multiple gashes to his face, a seven-hour surgery, and hospitalization requiring epidural painkiller and a chest tube for nearly a week.”

Ortiz not only disagrees with the CRB’s conclusion about Medina’s crash; he says the board never should have reviewed the incident to begin with, since its mission is limited to accidents “not resulting in a fatality or serious injury.” Ortiz says Commander Benito Martinez, who chairs the CRB, violated department policy when he decided the board should pass judgment on Medina’s accident.

Martinez acknowledged that department policy “prohibited the CRB from hearing serious injury crashes” and that “allowing such a case to be heard would be a policy violation.” Why did he allow it anyway? “He explained that his reasoning for permitting the Chief’s crash to be reviewed by the CRB was based on his belief that someone wanted the crash to be heard,” Ortiz writes. “Cmdr. Martinez clarified that he believed someone from Internal Affairs wanted the case to be heard by the CRB to ensure full transparency. However, he did not consult with anyone in Internal Affairs to verify the accuracy of this assumption.”

Both the CRB’s decision to review the crash and its implicit exoneration of Medina are hard to fathom. But Medina’s explanations for the third policy violation identified by Ortiz—the chief’s failure to activate his body camera after the crash—are even weirder.

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A Year After The Police Killing Of Eddie Irizarry, Charges Dropped Against Killer Cop

On Sunday, August 11, members of the Philadelphia community rallied to demand that first-degree murder charges against former officer Mark Dial be reinstated for the police killing of Eddie Irizarry. On August 8 of this year, the first-degree murder charge specifically was dropped, and former officer Dial was released on bail.

This follows a long legal saga last year, in which Dial was charged with multiple crimes including first-degree murder on September 8, 2023. The judge overseeing the case, Municipal Court Judge Wendy L. Pew, dismissed all charges against Dial on September 26, but charges were refiled mere hours later. Dial had all his charges reinstated on October 25 of last year by State Judge Lillian Ransom, and was again taken into custody without bail.

In the United States, it is incredibly rare for police officers to be charged for killing civilians. According to data from Philip Stinson, a criminal justice expert at Bowling Green State University, less than 2% of officers who kill in the line of duty are charged with a crime.

“Dropping the charge of first degree murder is a slap in the face to Eddie’s family and to all Philadelphia residents who do not want to live under police terror. Killer cops belong behind bars, not on our streets,” said Kensington community organizer Xiomara Torres, part of the grassroots Justice for Eddie campaign.

Local housing activist Timour Kamran believes it is important to “refuse to allow Philadelphia to be another city where police murder Black and Latino residents with impunity.” He added, “The community is united in calling for Dial to be charged to the fullest extent.”

27-year-old Irizarry was shot and killed on August 14, 2023. Immediately after he was shot, Philadelphia police began to tell the media a series of events that later turned out to be false. Police initially claimed that what prompted Irizarry’s shooting was him lunging out of his vehicle towards officers, wielding a knife. Police had to quickly change this narrative, however, after it became clear that body camera footage would prove otherwise. “The body-worn camera footage made it very clear what we initially reported was not actually what happened,” said then Philadelphia Police Commissioner Danielle Outlaw at the time.

Body camera footage, released on September 8, 2023, revealed a truth that was even more damning than expected. Dial was shown running to Irizarry’s car, shouting “I will f-cking shoot you!” only a few seconds before firing six shots into the car. Dial then placed handcuffs on Irizarry’s dead body before dragging him to the police vehicle.

Irizarry reportedly had a knife by his right leg, however, this could not have been visible to Dial. Dial’s lawyer claimed that the officer fired shots because he believe that Irizarry had a gun, although no gun is seen in the body camera footage.

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5 Years of Chicago Police Misconduct Cost Taxpayers Almost $400 Million

Over the past five years, Chicago taxpayers have forked over nearly $400 million to resolve lawsuits stemming from officer misconduct, according to a new analysis of city data. While around 1,300 police officers were named in the lawsuits, just 200 were responsible for more than 40 percent of the total cost. 

This week, Chicago PBS station WTTW released the results of an extensive analysis of Chicago police misconduct lawsuits. The investigation, which covered payouts from 2019 to 2023, found that city taxpayers footed the bill for $384.2 million in settlements, damages, lawyer fees, and other payouts. Repeat offenders—200 of them—were named in lawsuits that made up $164.3 million of the cost. In total, the city paid to resolve 539 lawsuits over the period studied.

WTTW’s analysis also found that a single officer, Sgt. Jerald Williams, was responsible for a staggering $1.4 million in lawsuit payouts, including $850,000 awarded to a victim whom Williams “slammed…to the pavement” after being stopped for drinking in 2019. 

The city should have known that Williams was a liability. According to WTTW, he’s had 22 misconduct complaints filed against him throughout his career. Police department officials had recommended his suspension several times for using unnecessary force.

Despite the serious—and expensive—misconduct allegation against Williams, he was promoted and given a raise just a year after the suit that named him was resolved, according to WTTW. 

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The FBI Raided This Innocent Woman’s House. Will She Ever Get Justice?

On an early morning in 2017, Curtrina Martin inadvertently attended a pyrotechnic exhibit she compares to the Fourth of July. Except it was October, and it was inside her home in Georgia.

The source was considerably less joyful. The FBI detonated a flash grenade in the house and ripped the door from its hinges in a raid to arrest a man, Joseph Riley, accused of gang activity, who lived in a different house approximately one block over.

The agents would not realize their mistake until after they made their way into Martin’s bedroom, where they found her and her then-fiancé, Hilliard Toi Cliatt, hiding in the closet, which the couple had retreated to when they were jolted awake by the commotion. An officer on the SWAT team dragged Cliatt out and handcuffed him, while another officer screamed and pointed his gun at Martin, who had reportedly fallen on a rack amid the chaos.

“I don’t know if there is a proper word that I can use” to describe her fear that night, Martin tells me. She says she initially had no idea it was law enforcement that had broken into her home. Her 7-year-old son was in a different room she couldn’t get to.

The leader of the SWAT raid, Lawrence Guerra, who was then a special agent with the FBI, noticed that Cliatt did not match the physical description of Riley, while Michael Lemoine, another FBI special agent, saw a piece of mail with a different address than the target. Guerra ultimately ended the raid. 

Almost seven years have gone by, and Martin and Cliatt are still trying to find recourse for what happened that night. A federal lawsuit they filed continues to wind its way through the judiciary, although the courts have thus far immunized the government from having to pay any damages.

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Man Who Was Arrested for Flipping Off Cop Settles for $175,000

A man who was arrested and charged for flipping off a Vermont State Police (VSP) officer settled his case last month for $175,000.

“Far too often, police abuse their authority to retaliate against and suppress speech they personally find offensive or insulting,” Lia Ernst, the legal director of the American Civil Liberties Union (ACLU) of Vermont, tells Reason about the case. “This settlement demonstrates that violating these rights does not come without a cost.”

Through the settlement, Gregory Bombard will receive $100,000 in damages. The ACLU of Vermont and the Foundation for Individual Rights and Expression (FIRE), which both represented Bombard in his suit, will receive the remaining $75,000.

All told, Bombard spent “about a year fighting the criminal charges and more than three years seeking declaratory relief,” a spokesperson for FIRE tells Reason.

Jay Riggen, the officer who arrested Bombard, “retired from VSP effective May 31, 2024,” a spokesperson for the Vermont State Police tells Reason. “We have no additional comment on this case.”

In February 2018, Bombard was stopped by Vermont State Trooper Riggen, who believed Bombard had given him the finger while driving—an allegation Bombard denies. However, after Riggen walked away from the car, Bombard flipped Riggen off and swore at the officer in frustration for having been pulled over.

In response, Riggen pulled Bombard over again and arrested him for disorderly conduct. “The first one may have been an error,” said Riggen during the arrest, referring to the reason for the initial stop, but “the second one certainly was not.”

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Sotomayor Is Right: The Supreme Court Should Reevaluate Absolute Immunity for Prosecutors

Consider the following hypothetical: You are jailed for two years as you await trial for murder. You are facing the death penalty. You have cancer, which relapsed during your incarceration without access to adequate treatment. And it turns out you were charged based on a false witness confession, which the local prosecutor allegedly destroyed evidence to obscure.

Now imagine suing that prosecutor and being told you have no recourse, because such government employees are entitled to absolute immunity.

This is the backdrop for Justice Sonia Sotomayor’s opinion Tuesday arguing that the Supreme Court may need to reevaluate the confines of that legal doctrine—absolute prosecutorial immunity—which prevents victims of alleged prosecutorial misconduct from getting recourse in the vast majority of circumstances.

The case at issue centers around Nickie Miller, a Kentucky man whom a woman named Natasha Martin implicated in a bizarre murder plot after the government offered her a deal to avoid prison time. The primary issue: She almost immediately sought to recant that confession. Law enforcement wouldn’t accept that. So she testified before a grand jury, and then tried to recant again, writing in jailhouse letters to another man she implicated that her statement came in response to “coercive interrogation techniques, threats, and undisclosed promises of consideration.”

When Miller’s defense team heard about those letters, it tried to obtain them. Martin reportedly asked Assistant Commonwealth Attorney Keith Craycraft how she should comply with the order, to which he allegedly responded that she should destroy the correspondence. She obliged.

The state eventually dropped the charges against Miller. The two years in jail, however, took a toll, according to his criminal defense attorney, who said that his cancer was in remission but recurred after the state locked him up, as he could not access his medication.

After his release, he sued Craycraft; the district court concluded he was entitled to absolute immunity. The U.S. Court of Appeals for the 6th Circuit subsequently noted that Craycraft’s alleged misconduct was “difficult to justify and seemingly unbecoming of an official entrusted with enforcing the criminal law.” And then that court, too, confirmed the grant of absolute immunity, a testament to the sort of behavior the doctrine greenlights with its sweeping inoculation.

Miller has since died, and his estate is continuing the litigation on his behalf.

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