Tag: police accountability

An Alabama Couple’s Lives Were Upended by an Unconstitutional Police Raid. A Jury Awarded Them $1 Million.

Six years ago, Greg and Teresa Almond were left destitute and living in a utility shed after sheriff’s deputies in Randolph County, Alabama, illegally raided their house and seized their savings over a misdemeanor drug crime.

Now the Almonds will be made partly whole, at least financially. Last month, a jury in their federal civil rights lawsuit awarded the couple $1 million in punitive and compensatory damages after trial testimony showed the deputies never got a warrant to search the Almonds’ property.

The Randolph County Sheriff’s Department’s 2018 raid on the Almonds’ house, first reported by the Alabama Appleseed Center for Law and Justice, exemplified the worst aspects of the war on drugs and civil asset forfeiture—a practice that allows police to seize property when it’s suspected of being connected to criminal activity. 

On January 31, 2018, a Randolph County sheriff’s deputy showed up at Greg and Teresa Almond’s house in Woodland, Alabama, to serve Greg court papers in a civil matter. The deputy reported that he smelled marijuana.

A county drug task force returned two hours later, busted down the Almonds’ front door, threw a flash-bang grenade at Greg Almond’s feet, detained the couple at gunpoint, and ransacked their house. The search only turned up $50 or less of marijuana, which the Almonds’ adult son tried in vain to claim as his, and a single sleeping pill outside of a prescription bottle with Greg’s name on it.

Using the paltry amount of narcotics as justification, deputies seized roughly $8,000 in cash, along with dozens of firearms and other valuables, under Alabama’s civil asset forfeiture laws. The deputies took the money right out of his wallet, Greg Almond told Reason in 2019.

More than a year after the initial raid, the Almonds were indicted on two misdemeanor charges: unlawful possession of marijuana for personal use and unlawful possession of drug paraphernalia, thus violating “the peace and dignity of Alabama.” However, prosecutors dropped the charges, and a judge ordered their property to be returned.

The Almonds filed a federal civil rights lawsuit in 2019 alleging that the Randolph County Sheriff’s Department used excessive force; stole, lost, or failed to inventory their missing property; and violated their constitutional protections against unreasonable searches and seizures, as well as their right to due process.

That was in addition to the other injuries they suffered. As a result of the raid and arrest, the Almonds’ missed a crucial deadline to refinance loans on their farm and lost their house. Their reputation was tarnished, and their ability to earn a living was practically destroyed.

What’s more, depositions and trial testimony showed that the deputies never obtained an official search warrant from a judge for the raid.

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‘Cruel and unusual’: Daughter of inmate with bipolar disorder who killed self sues prison for failing to provide adequate mental health care

An inmate classified as among the most severely mentally ill killed himself in solitary confinement at a Wisconsin state prison after officials failed to provide adequate mental health care and medications, the man’s daughter alleges in a federal lawsuit filed this week.

Dean Henry Hoffmann, 60, died in June at Waupun Correctional Institution (WCI), a beleaguered facility with chronic inadequate staffing and inmate overcrowding, more than an hour northwest of Milwaukee.

“Every day I fight for some type of change within the system, and I’m hoping that this really drives that home, and something like this — holding them accountable — will lead to change,” Megan Hoffmann Kolb told the Milwaukee Journal Sentinel.

Prison officials declined to comment, citing a policy against commenting on pending litigation, the newspaper reported.

Court documents obtained by Law&Crime outline the events leading up to Hoffmann’s suicide after he was sentenced last February to 28 years in prison after his conviction for assaulting his ex-girlfriend.

Hoffmann had a history of mental illness that included bipolar disorder, schizophrenia, depression, hypothyroidism, diabetes, and anti-social personality disorder, court documents said.

Before his trial, he had been deemed by mental health professionals and the court as being mentally ill but competent to stand trial, even though there was strenuous disagreement, the lawsuit said. In custody, he was categorized as “MH-2A,” the most severe category of mental illness, court documents said.

On April 10, Hoffmann was transferred to WCI with about 30 days of medication. When he went in, the facility had been locked down for safety reasons after some inmates had broken prison rules, court documents said. Because of lockdown restrictions, Hoffmann was never given a psychological exam and had received only some of his prescribed medications, the lawsuit alleges. He had only been able to use the phone twice in the first weeks. Guards unplugged the phone on him mid-conversation in one call.

He asked for medical treatment and showed serious symptoms of mental illness, including severe anxiety, paranoia, pressured speech, poor judgment, poor insight, loss of appetite, weight loss and insomnia, court documents said.

His frustrations mounted on June 20, when he refused to return to his cell after showering, citing “fear of his safety because of threats his cellmate made to him,” the lawsuit said.

When guards ordered him into his cell, he refused. He was handcuffed and escorted into the prison’s Restricted Housing Unit for “a minor incident despite Mr. Hoffmann expressing concerns for his safety.”

While in solitary, Hoffmann began to rapidly deteriorate mentally and physically.

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Cops Arrested Him for a Fictitious Traffic Violation Because He Flipped Them Off

On a Friday night in July 2018, Des Moines police officers Ryan Steinkamp and Brian Minnehan saw Domeco Fugenschuh, a 22-year-old black man, driving west on Hickman Road. Steinkamp and Minnehan, both white, were assigned to a “special enforcement team” focused on illegal guns, drugs, and gang activity. They had no reason to believe Fugenschuh was involved with any of that, but they decided to follow him anyway because he “sat up slightly” and “turned his head to stare at the officers” as he passed them.

After the cops followed Fugenschuh for several blocks, he expressed his irritation at the unjustified attention by giving them the finger. Steinkamp and Minnehan did not like that, so they continued following Fugenschuh and pulled him over for an invented traffic violation. During the stop, the officers handcuffed Fugenschuh, roughed him up, searched his car, and arrested him for the alleged traffic infraction. They also charged him with marijuana possession after the car search turned up a bit of pot and a portable phone charger that they mistakenly thought was a digital scale.

When Fugenschuh sued Steinkamp and Minnehan for a litany of constitutional violations, they argued that they were shielded by qualified immunity, which bars federal civil rights claims against government officials unless their alleged misconduct violated “clearly established” law. Last Saturday, U.S. Chief Magistrate Judge Helen C. Adams rejected that defense, ruling that a jury should hear Fugenschuh’s allegations because it might reasonably conclude that Steinkamp and Minnehan ignored constraints that should be familiar to every police officer in the country.

The decision was a small victory for civil liberties, and the abuses that Fugenschuh suffered pale beside the sort of outrageous police conduct that tends to attract national attention. But this run-of-the-mill case nicely illustrates the wide discretion that the Supreme Court has given police officers to harass motorists for no good reason—leeway that cops nevertheless manage to exceed on a regular basis.

The facts of the traffic stop are mostly undisputed, conceded by the officers and/or verified by dash and body camera footage. Steinkamp and Minnehan pulled Fugenschuh over after he stopped at a red light, signaled a right turn, and turned onto 30th Street. When Steinkamp approached Fugenschuh’s car, he initially refused to explain the justification for the stop. Instead he ordered Fugenschuh out of the car and handcuffed him.

After Fugenschuh “asked numerous times why he was stopped,” Steinkamp claimed Fugenschuh had “cut off” a car that was moving north on 30th Street, as evidenced by the fact that the driver had applied his brakes. Fugenschuh disputed that account, which apparently irked Steinkamp, who “proceeded to bend Fugenschuh over the hood of the patrol car,” “pull his handcuffed arms up above his body,” and push his face into the hood of the car.

While frisking Fugenschuh, Steinkamp asked if he had insurance, at which point Fugenschuh began cursing at the cops. “You’re going to jail now,” Steinkamp responded.

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Former police officer from Buckland, Mass. pleads guilty to possessing child porn, secretly filming nude girl

A former police officer from a small town in Franklin County pleaded guilty to possessing child pornography and posing and videotaping a child sexually without her knowledge, the District Attorney announced Tuesday.

Jacob Wrisley, 42, was a part-time police officer in Bernardston and Buckland, where he lives. He was sentenced to 4 to 5 years in state prison and a 5-year probation period after his release, Northwestern District Attorney David Sullivan announced.

Wrisley was found with ten thousands of images and videos of child pornography, and some of the victims were identified. According to the DA, Wrisley was a sworn officer when he victimized a young girl who was 8 to 10 years old, and investigators also found images he took of clothed children playing in public places in Franklin County.

Investigators could not identify the “vast majority” of the children in the images found, but the assistant district attorney said his crimes were not “victimless.” 

The investigators also found organized folders on his devices “labeled with graphic, degrading names and containing images of exploited children.”

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PROSECUTORS BURIED EVIDENCE AND MISLED THE COURT. TEN YEARS LATER, THEY GOT A SLAP ON THE WRIST.

AFTER RULING THAT federal prosecutors withheld key evidence resulting in a defendant’s wrongful imprisonment, D.C.’s top court took nearly a decade to decide on an appropriate sanction. In December, after extensive hearings, the D.C. Court of Appeals gaveOpens in a new tab two prosecutors a year of probation plus a stern warning not to commit any further misconduct, or they would be suspended from practicing law for six months.

Both prosecutors, Mary Chris Dobbie and Reagan Taylor, still work for the Justice Department, according to media reportsOpens in a new tab and other records. One of their former supervisors, Jeffrey Ragsdale, currently leads the department’s Office of Professional Responsibility, which oversees investigations into alleged prosecutorial misconduct.

Under the landmark U.S. Supreme Court decision in Brady v. Maryland, prosecutors have a constitutional obligation to disclose exculpatory evidence to defense attorneys. At the trial for two defendants accused of assaulting an officer during a jailhouse brawl, Dobbie and Taylor withheld unequivocal evidence that their lead witness, a corrections officer, had a history of filing false reports. Based on the officer’s testimony, one defendant was imprisoned for more than four years before his conviction was reversed.

In 2021, the D.C. Board on Professional Responsibility, a disciplinary panel appointed by the appeals court, unanimously recommendedOpens in a new tab a six-month suspension for Dobbie and Taylor. But in a divided opinion, the court ratcheted down the sanction to probation based on “one overriding mitigating circumstance”: the “deficient conduct” of Ragsdale and another supervisor, John Roth, who later served as inspector general for the Department of Homeland Security. There were no ethics charges or misconduct findings for either supervisor.

Reached by phone, Roth declined to comment, saying that he was not aware of the decision. Attorneys for Dobbie and Taylor did not respond to multiple requests for comment, nor did Ragsdale. The Justice Department also failed to respond.

The dissenting judge, Joshua Deahl, argued that Dobbie and Taylor “should face real consequences for their actions.”

“The board comes to us — despite innumerable favorable inferences drawn in respondents’ favor — with the rare recommendation of an actual suspension that at least comes close to reflecting the gravity of this serious prosecutorial misconduct,” Deahl wrote. “Yet this court balks.”

Deahl noted a dissonance between how courts treat prosecutors’ ethical violations versus misconduct by private attorneys, who are routinely disbarred or suspended for actions like dipping into client funds.

“That is too harsh a result, the majority concludes, when prosecutors intentionally suppress evidence in violation of the Constitution and thereby secure felony convictions resulting in years of unjust imprisonment,” wrote Deahl, who was appointed by President Donald Trump in 2019 and served as a public defender before joining the bench.

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Terror by Night: Who Pays the Price for Botched SWAT Team Raids? We Do

Sometimes ten seconds is all the warning you get.

Sometimes you don’t get a warning before all hell breaks loose.

Imagine it, if you will: It’s the middle of the night. Your neighborhood is in darkness. Your household is asleep. Suddenly, you’re awakened by a loud noise.

Barely ten seconds later, someone or an army of someones has crashed through your front door.

The intruders are in your home.

Your heart begins racing. Your stomach is tied in knots. The adrenaline is pumping through you.

You’re not just afraid. You’re terrified.

Desperate to protect yourself and your loved ones from whatever threat has invaded your home, you scramble to lay hold of something—anything—that you might use in self-defense. It might be a flashlight, a baseball bat, or that licensed and registered gun you thought you’d never need.

You brace for the confrontation.

Shadowy figures appear at the doorway, screaming orders, threatening violence, launching flash bang grenades.

Chaos reigns.

You stand frozen, your hands gripping whatever means of self-defense you could find.

Just that simple act—of standing frozen in fear and self-defense—is enough to spell your doom.

The assailants open fire, sending a hail of bullets in your direction.

In your final moments, you get a good look at your assassins: it’s the police.

Brace yourself, because this hair-raising, heart-pounding, jarring account of a SWAT team raid is what passes for court-sanctioned policing in America today, and it could happen to any one of us or our loved ones.

Nationwide, SWAT teams routinely invade homes, break down doors, kill family pets (they always shoot the dogs first), damage furnishings, terrorize families, and wound or kill those unlucky enough to be present during a raid.

No longer reserved exclusively for deadly situations, SWAT teams are now increasingly being deployed for relatively routine police matters such as serving a search warrant, with some SWAT teams being sent out as much as five times a day.

SWAT teams have been employed to address an astonishingly trivial array of so-called criminal activity or mere community nuisances: angry dogs, domestic disputes, improper paperwork filed by an orchid farmer, and misdemeanor marijuana possession, to give a brief sampling.

Police have also raided homes on the basis of mistaking the presence or scent of legal substances for drugs. Incredibly, these substances have included tomatoes, sunflowers, fish, elderberry bushes, kenaf plants, hibiscus, and ragweed. In some instances, SWAT teams are even employed, in full armament, to perform routine patrols.

These raids, which might be more aptly referred to as “knock-and-shoot” policing, have become a thinly veiled, court-sanctioned means of giving heavily armed police the green light to crash through doors in the middle of the night.

No-knock raids, a subset of the violent, terror-inducing raids carried out by police SWAT teams on unsuspecting households, differ in one significant respect: they are carried out without police even having to announce themselves.

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Texas Cops Held a Terrified Couple at Gunpoint After Raiding the Wrong House

Tyler Harrington and his wife were asleep in their beds when four Harris County, Texas, Constable Officers burst into their home and held the terrified couple at gunpoint. While the cops eventually realized they were in the wrong house, they didn’t leave without admonishing the couple for keeping their door unlocked.

Harrington has now filed a lawsuit, arguing that the officers’ invasion of his home was an unconstitutional breach of his Fourth Amendment protections against unreasonable search and seizure.

On September 24, 2022, Officer James Lancaster responded to a call from a woman, named “Mrs. H” in the complaint, who said that she heard a knock at her back door. Lancaster spoke to Mrs. H and examined the outside of her property, finding nothing suspicious. 

Mrs. H also told Lancaster that her daughter and her daughter’s boyfriend would arrive to check out the house themselves. Mrs. H then decided to “get in her car and drive around until others came home.” When Mrs. H’s daughter and her boyfriend arrived, another neighbor, named “Mr. S,” called the police to report their truck as suspicious. When talking to dispatchers, Mr. S accidentally gave the wrong address for Mrs. H’s house, reporting Harrington’s address instead.

Soon, two more officers arrived. According to the complaint, Lancaster clearly should have known that dispatch had been given the wrong address. While pointing to Mrs. H’s house, he told the other officers, “That’s the house with the person knocking on the back door, that was the house earlier….I checked the one across the street.” In reference to Harrington’s address, he said he had “never been to this house.”

But the officers decided to enter the Harrington’s home anyway, testing both the front and back doors and finding them unlocked. A fourth officer arrived, and according to the suit, Lancaster told him that they were “waiting on the owner,” despite knowing that it was a different house than the one owned by Mrs. H, where the owner had left and was to return shortly.

Around midnight, two of the officers burst into the Harrington’s home with their guns drawn, shouting “Constable’s Office, come up with your hands out!” Harrington’s wife, whose full name wasn’t identified in the suit, was woken up by the officer’s shouting. She confirmed that she lived at the house, and one of the officers, Jared Lindsay ordered her to get her ID and come to the door.

Around the same time, Lancaster entered the home with his gun drawn, shouting the Spanish phrase for “hands up,” and began searching the home. As the officers held his wife at gunpoint, Tyler Harrington woke up and walked out of the bedroom, at which point the officers began pointing their guns at him as well, shouting questions at the couple. 

Eventually, the officers realized they were at the wrong house but still led the couple back into their own home at gunpoint. After releasing the couple, Lindsay told them that “someone had reported people searching the front and back doors of this house,” adding that the caller had told them the owner was gone. 

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Long Beach, California, Police ‘Brutally’ Arrested a Cancer Patient. Now, the City Is Paying $300,000.

Long Beach, California, is stuck with a $300,000 bill after three of its police officers arrested a cancer patient with “brutal force” for driving with an expired vehicle registration. 

On September 3, 2022, Johnny Jackson, who had undergone surgery for his prostate cancer the day prior, was driving home from an errand to make a copy of his doctor’s note following surgery when he noticed he was being followed by an unmarked Long Beach Police Department (LBPD) vehicle. 

According to a lawsuit filed last October, when Jackson pulled into his driveway, the LBPD vehicle parked outside his house. Jackson exited his car, holding his doctor’s note, and told the officers that he knew he had an issue with his vehicle registration. In response, the officers, who were not named in the complaint, ordered Jackson to put his hands up and approach them. As he was doing so, Jackson was additionally ordered to put his hands on his head and turn so his back was facing one officer, while a second officer approached Jackson’s front porch.

Body camera footage shows Jackson again telling the officers that he knew his vehicle registration may have been expired and that he had gotten surgery for his prostate cancer the day before. The lawsuit states that, while Jackson was speaking, “a gust of wind began blowing the Doctor’s Note off the top of his vehicle.” Jackson then told the officers that “this is actually my paperwork for my surgery yesterday,” and put one of his hands on the note to prevent it from blowing away.

In response, one of the officers rushed to grab Jackson’s arm, pinning it behind his back and telling him that he was “about to get fucked up.” 

“Listen to me, put your hands behind your back. If you resist you will get hurt,” one officer told Jackson. “If you hurt me I will sue you. I just had surgery,” Jackson replied.

Body camera footage shows the ensuing struggle, in which Jackson was pulled in multiple directions by the officers, as Jackson again told them he was recovering from surgery. The lawsuit states that one officer struck Jackson in the head in an attempted “takedown maneuver,” which he followed by kneeing Jackson in his groin three times. 

“Why are you forcing us to use force on you?” one officer asked

Eventually, Jackson was handcuffed and cited for having an expired vehicle registration and resisting arrest. Jackson sued the city and police department in October 2023, arguing that the officers engaged in excessive force and caused him multiple injuries by arresting him so violently, despite being aware of his recent surgery. 

A settlement in the case was reached in December 2023, and the staggering $300,000 value was announced last week.

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Florida Bills Would Hide the Names of Police Officers Who Kill People 

Bills filed in Florida would allow law enforcement agencies to hide the names of police and correctional officers who kill people.

Such legislation was widely expected after the Florida Supreme Court ruled in December that police departments could not invoke Marsy’s Law, a crime victims’ rights law adopted by Florida voters in 2018, to hide the names of officers involved in deadly shootings. The ruling was much broader than expected, though, and stripped privacy protections from civilian crime victims as well.

The legislation is one of several efforts in the Republican-controlled Florida Legislature to further insulate police in the Sunshine State—once lauded for its expansive public record laws—from scrutiny. As Reason reported yesterday, two other bills advancing through the Legislature would ban cities and counties from forming civilian police oversight boards.

State Rep. Chuck Brannan (R–Macclenny) filed House Bill 1605 and House Bill 1607 earlier this month. The former would expand the definition of “crime victims” to include “law enforcement officers, correctional officers, or correctional probation officers who use deadly force in the course and scope of their employment or official duties.” 

The latter would exempt records that could be used to identify and harass crime victims from the state’s public records law unless the victim opts to have it disclosed. “The Legislature finds that the release of any such information or records that could be used to locate or harass a crime victim or the victim’s family could subject such victims or their families to further trauma,” the bill says.

The bills have the backing of powerful police unions in the state as well. “For people to exclude police officers just because we wear the badge and we protect and serve, that’s not fair to us,” John Kazanjian, president of the Florida Police Benevolent Association, told the Tampa Bay Times. 

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Florida Legislation Would Ban Civilian Police Oversight Boards

Two bills advancing through the Florida Legislature would ban cities and counties from forming civilian police oversight boards and dissolve already-existing boards.

The legislation, House Bill 601 and its companion Senate Bill 576, would make it unlawful for a county or municipal government to pass ordinances related to civilian oversight of police misconduct investigations or the handling of misconduct complaints against law enforcement officers.

Currently, the bills have passed several committees, and the Tallahassee Democrat reports they have the support of Republican majorities in both chambers, as well as influential Florida law enforcement groups.

The bill’s text says its purpose is to create a uniform process for how police departments handle misconduct complaints against officers, but it would also leave police departments to hold themselves accountable and eliminate 21 civilian police oversight boards operating throughout Florida.

Speaking on Tuesday shortly before the Senate Criminal Justice Committee voted to advance the legislation, state Sen. Blaise Ingoglia (R–Spring Hill), the bill’s sponsor, called the boards “divisive.”

“Officers have a very tough job,” Ingoglia said. “It doesn’t make sense to me that we have people second-guessing those decisions.”

There are over 100 civilian police oversight boards around the country. They vary in their scope and power, but, in general, they’re independent boards that investigate, monitor, or audit police department operations. 

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