Tag: police accountability

78-Year-Old Grandmother Awarded $3.8 Million After Illegal SWAT Raid

A 78-year-old woman whose home was mistakenly raided by a Denver SWAT team will now receive a nearly $3.8 million payout. The large sum comes as a result of a 2020 Colorado law that banned qualified immunity protections for police officers in the state, making civil rights lawsuits against police significantly more likely to succeed. 

On January 4th, 2022, Ruby Johnson, a retired postal worker, was sitting in her Denver home when she heard a police airhorn loudly commanding that she leave her home with her hands up. Johnson, who had recently showered and was only wearing a bathrobe, left her house to find a Denver SWAT team gathered outside her door.

The SWAT team had been sent to Johnson’s home as part of an effort to recover a vehicle that had been stolen the previous day. According to Johnson’s lawsuit, the stolen car had an iPhone inside, and the Find My app feature indicated that the phone was near Johnson’s house. 

While the police officers had obtained a warrant to search Johnson’s home, they did so using an affidavit that allegedly provided “false characterization” of how reliable the Find My app is, overstating how sure the police could be that the iPhone—and the truck—would be at Johnson’s house.

According to Johnson’s lawsuit, after receiving this warrant, the SWAT team aggressively searched her home, causing considerable damage to her belongings. Making matters worse, even though Johnson gave police her garage door opener and told them how to enter the garage’s front door, police used a battering ram to enter the garage, destroying the door and door frame. Ultimately, the SWAT team found no sign of the truck or any other criminal activity. The officers left and later told Johnson’s children that the department wouldn’t pay Johnson for the considerable damage caused to her home.

Johnson filed a lawsuit with the American Civil Liberties Union (ACLU) of Colorado in December 2022, alleging that the search was unlawful under the Colorado Constitution.

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Pennsylvania Police Settle Lawsuit With Woman Forced to Undergo ‘Humiliating’ Strip-Search

Pennsylvania police officers have reached a settlement with a woman who says she underwent an unnecessary and humiliating strip-search after she was pulled over for a minor traffic violation. 

According to a lawsuit filed in 2021, Holly Elish was traveling through Bentlyville, Pennsylvania, on her way home from work when she was pulled over by local police officer Brian Rousseau.

When Rousseau pulled Elish over, he quickly asked for consent to search her vehicle, which Elish denied. According to the lawsuit, Rousseau responded that “he had the right to search her vehicle.” Soon after, a second police officer arrived on the scene. The two men again asked to search Elish’s vehicle, telling her that even more officers would soon arrive.

“Fearing for her safety and knowing that the police did not have justification to search her vehicle yet were insistent and intimidating in attempting to do so, Ms. Elish allowed the vehicle search to occur under duress and coercion,” the complaint states.

The officers searched Elish’s car but found no sign of drugs, illegal weapons, or other contraband. However, that wasn’t enough for the officers to let Elish go. A female police officer—unnamed in the suit—had arrived on the scene, and after having a brief conversation with the other officers began to strip-search Elish.

The officer “began the strip search by physically and visually inspecting Ms. Elish’s breasts,” according to the complaint. Elish then had “to remove her pants and underwear to her ankles and ‘squat’ to the ground, during which she bent down to the ground with one knee and performed a visual cavity inspection.”

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Fatal crash in police chase doesn’t count, Kansas says — because it was on purpose

When a Bonner Springs police officer began chasing a man in June 2021 for an expired license plate, speeds on Interstate 70 escalated to 100 mph.

Then the officer intentionally hit the car to bring the chase to an end, a maneuver called a tactical vehicle intervention or TVI.

The driver, Darrell Vincent, of Kansas City, Kansas, was ejected and killed.

In an odd loophole, Vincent’s death is not counted in statewide or federal statistics on police chases because the officer purposely struck his car.

That officials choose not to include injuries or deaths caused by deliberate actions by police is one example of how police chases are not reliably counted by state or federal authorities.

“I think that’s wrong because it was a chase,” said Darrius Vincent, Darrell Vincent’s son. “It cost him his life and I just don’t think that was a good thing. It was a very bad thing.”

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Qualified Immunity Is Not Limited to Police Brutality. It Protects a Wide Variety of Abusive Officials.

Conservatives who are leery of government power in other contexts often have a blind spot when it comes to police officers. Tough-on-crime instincts, coupled with anger at left-wing critics of police practices, frequently translate into a reflexive “back the blue” stance that is inconsistent with limited government, civil liberties, and the rule of law. Donald Trump’s promise to “restore law and order” by indemnifying police officers “against any and all liability” appeals to that sentiment, even as it underestimates the difficulty of successfully suing police officers and overlooks the fact that cops already are routinely indemnified against damages when plaintiffs manage to overcome the barrier created by qualified immunity.

Qualified immunity bars federal civil rights claims unless they allege misconduct that violated “clearly established” law. A new Institute for Justice (I.J.) report on the consequences of that doctrine further complicates the conventional conservative narrative by debunking the assumption that qualified immunity mainly applies to allegations of police brutality.

In an analysis of 5,526 appeals involving qualified immunity that federal circuit courts heard from 2010 through 2020, I.J. researchers found that half involved lawsuits against other kinds of government officials, including “mayors and city managers, university and school officials, prosecutors and judges, and child protective services workers.” The report reinforces the complaint that qualified immunity frustrates meritorious claims of constitutional violations and casts doubt on the belief that it mitigates the burden of litigation for defendants.

“While police were the most common defendants, fully half of appeals featured other types of government officials, either alongside or instead of police,” data scientist Jason Tiezzi, I.J. deputy litigation director Robert McNamara, and I.J. attorney Elyse Smith Pohl report. “Prison officials made up the next largest share, but in more than one in five of all appeals, or 21%, defendants were neither police nor prison officials.”

Many of the appeals involved claims of excessive force (27 percent) or false arrest (25 percent). But nearly a fifth (18 percent) “encompassed violations of First Amendment rights, including speech, association, and religious liberty.” In total, “only 23% of appeals fit the popular conception of police accused of excessive force.”

What do the other cases look like? Based on a representative sample of 125 First Amendment cases, Tiezzi et al. found that three-fifths “involved plaintiffs alleging premeditated abuse by government officials in retaliation for protected First Amendment activity.” Nearly half involved government workers who “alleged retaliation from their superiors,” while nearly a third were filed by private citizens who “claimed they were targeted for retaliation by government officials.”

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Ex-prison officer charged in death of NH psychiatric patient

A former corrections officer was charged Thursday with second-degree murder in the death of a patient at New Hampshire’s prison psychiatric unit nine months ago.

Matthew Millar, 39, of Boscawen, is accused of kneeling on Jason Rothe’s torso and neck for several minutes on April 29 while Rothe was face-down and handcuffed in the secure psychiatric unit at the state prison in Concord. The unit treats inmates in need of acute psychiatric care, those found not guilty by reason of insanity and those — like Rothe — who haven’t committed crimes but are deemed too dangerous to remain at the state psychiatric hospital.

According to court documents, Rothe, 50, was committed to New Hampshire Hospital in 2019 because of mental illness and transferred to the prison unit in 2022 out of concern he posed a risk to himself or others. Shortly after his death, investigators said Rothe died after a physical altercation with several corrections officers and that an autopsy was inconclusive. On Thursday, the attorney general’s office said Rothe’s cause of death was combined compressional and positional asphyxia.

Millar made an initial appearance Thursday in court, where his attorney said he intends to plead not guilty. He was ordered held without bail pending a hearing Feb. 14.

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‘Deliberately indifferent’: Jailers ridiculed woman wrongly arrested for DUI after suffering massive brain hemorrhage in crash, lawsuit says

A Washington state woman alleges in a lawsuit she was arrested for a DUI when she was suffering from a medical emergency after a car crash and the nightmare she endured to get immediate treatment led to a lifelong severe traumatic brain injury.

Nicole McClure, 38, alleges in a lawsuit that authorities ridiculed her for being drunk and offered her “another shot” at the Thurston County Jail on March 21, 2022, and only took her to the hospital the next morning after finding her unresponsive in a puddle of urine on the jailhouse floor.

“Dubin Law Group takes Nicole’s injuries and experiences very seriously,” said her attorney, Anne Vankirk, in a statement to Law&Crime. “She is fortunate to still be alive today, but she will never be the same person she was that night. Justice for Nicole is at the forefront of our considerations.”

The lawsuit, alleging negligence, breach of duties, and vicarious liability, names as defendants Thurston County, the jail and Washington State Patrol (WSP). Chris Loftis, a WSP spokesperson, said the agency doesn’t comment on pending litigation. The trooper involved was not disciplined, he said.

The complaint obtained by Law&Crime lays out the allegations that started that March night, when McClure was in a collision as a result of a medical emergency while driving home from work.

Before the crash, a trooper noticed her vehicle was traveling “at a noticeably slow rate of speed.” He approached with lights and sirens, but McClure’s vehicle continued to travel slowly west.

The trooper deactivated his lights and sirens and called for backup. Then McClure’s vehicle collided with the center of a roundabout at a traffic circle in Olympia. The impact disabled her vehicle.

She was arrested at gunpoint and handcuffed and was not given a Breathalyzer or roadside sobriety test, court documents said. Troopers saw that her eyes were bloodshot, and her speech was repetitive and slurred. Her eyelids were tremoring.

“Troopers observed that plaintiff’s behavior was erratic and she had difficulty following very simple instructions,” the complaint said.

She was taken to a hospital, where her blood was drawn, but a trooper made no mention of the crash to medical staff, the lawsuit alleges.

After the hospital visit, McClure was booked into the Thurston County Jail on charges of DUI and felony eluding, court documents said.

Over the next 24 hours, “jail staff made fun of plaintiff and ridiculed her for being a drunk,” court documents said.

“Jail staff offered plaintiff ‘another shot’ but did not get her the basic medical care she desperately needed, or even attempt to complete the booking process,” the documents added.

She was found the next morning unresponsive in a pool of her urine. She couldn’t stand and began vomiting profusely. She was taken to a hospital emergency department a few hours later.

Medical staff quickly took her into surgery. She had part of her skull removed to try to relieve pressure and to save her remaining brain function. She was hospitalized for 17 days.

Court documents said the delay in treatment resulted in sunken brain syndrome, a cranioplasty, and a lifetime of decreased capacity.

She continues to suffer from hemorrhage symptoms and a significant brain injury. She can’t work and will never be the same again, her lawyer said.

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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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