Tag: police accountability

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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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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