Supreme Court broadens standard for unreasonable force claims against police

The Supreme Court on Thursday made it easier to bring unreasonable force claims against police, ruling unanimously that courts should examine the circumstances beyond the split seconds when an officer fears for their safety in deciding whether they can be tried for unreasonable force.

The case stemmed from a 2016 traffic stop in Texas.

Ashtian Barnes, 24, was killed during the routine stop. He had been driving his girlfriend’s rental car, which had outstanding toll violations, when stopped by officer Roberto Felix Jr.   

After Barnes was asked to present his license and insurance, the car started moving forward. Felix jumped onto the vehicle’s doorsill and shot inside, striking Barnes twice and killing him.

The exchange turned deadly in seconds. The justices were asked to weigh whether courts should examine everything that happened during the traffic stop or just the moment when Felix feared for his safety when evaluating an excessive force claim.

In a 9-0 decision, they said the so-called “moment of the threat” doctrine should not be applied in such cases, instead directing courts to review the “totality of the circumstances.”

“To assess whether an officer acted reasonably in using force, a court must consider all the relevant circumstances, including facts and events leading up to the climactic moment,” Justice Elena Kagan wrote in the majority opinion.

Kagan noted the situation at the precise moment of the shooting may often be what matters most, given that the officer’s choice in those split seconds are what is under review. However, she said earlier facts and circumstances may inform how a “reasonable officer” would have responded to later ones.

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‘No trace of alcohol’: Police thought Amazon worker’s stroke was a DWI, then threw him in jail for 7 hours and caused him to go blind, lawsuit says

Missouri man who was wrongly arrested for DWI while he was exhibiting symptoms of a stroke is suing the sheriff’s office for not getting him the medical treatment he needed.

In a complaint filed in federal court in April, Paul Espinosa, 54, claimed that while he was arriving at the parking lot of the Amazon Warehouse in Republic, Missouri, where he worked, he was pulled over by Greene County Sheriff’s Deputy Kyle Winchell. Winchell claimed that Espinosa’s car was “weaving,” and the deputy suspected he was driving while intoxicated. Espinosa agreed to a field sobriety test, including a Breathalyzer test, which yielded a reading of 0.000% — indicating there was “no trace of alcohol in his system,” the lawsuit states.

However, Espinosa showed signs of “swaying” during other parts of the test, and Winchell arrested Espinosa on suspicion of DWI. Espinosa was put in the back of Winchell’s vehicle and transported to the jail. Espinosa began “sweating profusely” during the transport, despite the car’s air conditioning running throughout the trip. Upon their arrival at the jail, Espinosa’s “motor skills were declining,” the lawsuit states.

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Minnesota Governor and National Guard Begin Preparing for Riots Over Possible Derek Chauvin Pardon

Gov. Tim Walz, the Minnesota National Guard, Minneapolis Mayor Jacob Frey, and Hennepin County Sheriff Dawanna Witt have reportedly all been briefed on preparations for potential riots if former police officer Derek Chauvin is granted a presidential pardon.

Chauvin, of course, was the officer filmed kneeling on drug addict George Floyd during his fatal interaction with police. His death caused nationwide deadly Black Lives Matter riots throughout the summer of 2020.

According to a report from local station KSTP, “Multiple sources told 5 EYEWITNESS NEWS that Gov. Tim Walz, the Minnesota National Guard, Mayor Jacob Frey and Hennepin County Sheriff Dawanna Witt have all been briefed on preparations for possible civil unrest if President Donald Trump pardons former Minneapolis Police Officer Derek Chauvin for his federal conviction of killing George Floyd.”

“Sources also told KSTP the Minnesota Department of Corrections is ready to pick up Chauvin at a federal penitentiary in Arizona, and bring him back to Oak Park Heights Prison in Minnesota to serve the remainder of his 22-and-a-half-year sentence,” the report added.

However, antifa-supporting Attorney General Keith Ellison told MSNBC over the weekend that Chauvin will not be released.

“He still owes Minnesota 22-and-a-half years. And, he’s going to do it either in Minnesota or somewhere, but he’s not getting out,” Ellison asserted.

On Monday, Gov. Walz told the media, “No indication whether they’re going to do it, but I think it behooves us to be prepared for it. With this presidency, it seems like something they would do.”

The former officer is currently serving two state and federal 21-year sentences for violating Floyd’s civil rights and second-degree murder.

Chauvin was stabbed 22 times by fellow inmate John Turscak at the medium-security Federal Correctional Institution (FCI) in Tucson, Arizona, in 2023.

President Donald Trump has not publicly indicated if he is considering pardoning Chauvin.

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Report: Brazilian National in CA Was Arrested for Domestic Violence, Became a Cop, Now Accused of Rape

California Democrat Gov. Gavin Newsom signed a law in 2022 removing a requirement for police, highway patrol, and corrections officers in the state to be U.S. citizens or permanent residents. 

Now, a foreign national Felipe Gomes, who was hired by the Belmont Police Department after the law went into effect in 2023, was arrested last week on suspicion of rape, The Blaze reported. The Brazilian national was reportedly hired despite a previous arrest in 2017 for domestic violence. 

Redwood City Police arrested Gomes at the Belmont Police Department headquarters on April 22, RCPD Sgt. Victor Figueroa said. Gomes is accused of violating penal code 261 (a)(1), which is “knowingly having sexual intercourse with an individual incapable of giving consent because of a mental disorder or developmental or physical disability,” according to the report. 

Gomes was subsequently booked into the San Mateo County Office Main Jail and released on $100,000 bond. Belmont Police Lt. Pete Lotti said Gomes was terminated the day after his arrest, the report states. 

Gomes was sworn in on Dec. 10 at a Belmont City Council ceremony. At the ceremony, Belmont Police Chief Ken Stenquist said Gomes was in the Brazilian Air Force and worked as air force police.

“He was a full-time police soldier and left that position when he moved to the United States. He enjoys practicing jiu jitsu and attending church when he’s not working,” Stenquist added.

The San Mateo County Sheriff’s Office and the East Palo Alto Police Department allegedly warned Chief Stenquist about Gomes before he was hired. Both law enforcement agencies said they had rejected his application due to a 2017 domestic violence arrest, KGO-TV reported

“The charging affidavit reviewed by KGO alleged that one year into his marriage, Gomes — who is not an American citizen but apparently has a U.S. work permit — brutally beat his wife, striking her repeatedly in the face and stomach. Gomes had allegedly done so after seeing text messages on his wife’s phone from her ex-boyfriend,” according to the report. 

An officer at the time said he saw a “large bruise that covered most of (his wife’s) left cheek and scratches to her right cheek.”

“The state attorney reportedly factored in Gomes’ claims that his wife hit and scratched him first, charged both husband and wife with battery/domestic violence, and ultimately dropped the charges,” the report details. 

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Texas Cop Pleads Guilty After Shooting Wife In The Face

A disgraced Texas police officer cut a deal after facing charges of shooting his wife in the head, and now the ex-cop will spend the next two decades behind bars.

Galib Chowdhury, 33, was arrested in June 2023 by the same police department that employed him as an officer. Shortly after he admitted to what he described as accidentally shooting his wife, Sadaf Iqbal, then 31, the Houston Police Department fired him. An investigation into the incident revealed a troubled history between the two, including texts Chowdhury sent to Iqbal shortly before that fateful night.

According to reporting by KPRC, a local NBC affiliate, Chowdhury was the one who reported the shooting after midnight on June 12, 2023. At the time, he claimed that he was trying to shoot an intruder and Iqbal got in the way. However, KPRC reported that investigators were suspicious about his story; he reportedly didn’t have any physical description of the supposed suspect, nor did he say where they ran. There was also no damage to the home that would indicate a break-in.

Iqbal sustained a gunshot wound to the head that she survived. According to a GoFundMe page set up for her medical expenses, she is still recovering from her injuries. When she was taken to the hospital, she reportedly refused to give a statement to police and stated that the shooting was an accident. Investigators reportedly suspected domestic violence and asked to search her cellphone, to which she consented.

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Police Chief Defends Use Of Lies And Torture To Obtain False Confession

A police chief in California has taken to social media to defend detectives who forced a man on medication for stress, depression and high blood pressure to confess to his own father’s murder — which never actually happened — through the use of what a federal judge called “psychological torture.”

“Were we perfect in how we handled the situation? Nobody ever is,” wrote Fontana Police Chief Michael Dorsey in a Nov. 7 statement posted to the department’s X account. “In situations like these, it is acceptable and perfectly legal to use different tactics and techniques, such as ruses, to elicit information from people suspected of potential criminal activity. That was done in this case in order to gain resolution.”

The problem: detectives were looking to gain resolution for a homicide that didn’t exist.

Thomas Perez Jr. was interrogated for 17 hours by the Fontana Police Department over the disappearance of his 71-year-old father in 2018, according to a civil rights lawsuit that he settled earlier this year with the city and an interview with CNN. He reported him missing on Aug. 8 of that year and was questioned that evening and the following day.

Detectives David Janusz and Kyle Guthrie claimed in a 2023 deposition for the civil case filed by Perez against the City of Fontana that their lieutenant had told them “something to the fact that they believed Thomas — or Mr. Perez — had killed his father.” The detectives both admitted that they had “a feeling” that Perez murdered his father but couldn’t prove it.

The pair allegedly took Perez to a coffee shop and drove him around town for hours while “berating” him about his dad’s disappearance and looking for places where he might have dumped a body, his suit said. They also allegedly denied requests by Perez to let him take medication he is prescribed for his stress, depression, high blood pressure and asthma.

At one point, the detectives even claimed to have recovered his dad’s remains, saying, “He has a toe tag on him,” according to the suit. Interrogation footage also shows them saying, “You know you killed him. You did.” A third cop, Detective Robert Miller, was also said to have been involved.

The City of Fontana wound up settling with Perez — paying him nearly $900,000 — after a federal judge in California’s Central District ruled in favor of letting his case move forward following a review of police footage from the interrogation.

“Perez’s mental state, among other factors, made him a vulnerable individual,” wrote Judge Dolly Gee, referring to the detectives’ interrogation tactics as “unconstitutional psychological torture” in her ruling.

“He was sleep deprived, mentally ill, and, significantly, undergoing symptoms of withdrawal from his psychiatric medications,” Gee said. “He was berated, worn down, and pressured into a false confession after 17 hours of questioning. (The officers) did this with full awareness of his compromised mental and physical state and need for his medications.”

In his X statement, Chief Dorsey explained that while the City of Fontana was ready to end its beef with Perez and put his case to rest after half a decade, he was not.

“Our police department recently settled a lawsuit that generated misleading, one-sided headlines, telling the story from the point-of-view of the plaintiff’s attorney,” Dorsey said.

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NEW VIDEO Shows J6 Trump Supporter Rosanne Boyland Shot in the Face by Police Projectile, Then Pushed Down and Smothered, Before Metro Police Officer Beat Her with a Stick as She Died on US Capitol Steps

President Trump held his first press conference on Tuesday after Congress certified him the winner of the 2024 presidential election on Monday.

During his press conference from his home in Mar-a-Lago, President Trump made headlines when he announced he was changing the name of the Gulf of Mexico – to the Gulf of America.

President Trump also told the assembled journalists that he heard there was a second person who died on January 6, 2021 at the pro-Trump protests on Capitol Hill.

Actually, Mr. President, four people died that day, three were killed by police action, on January 6, 2021.

Ashli Babbitt was shot and killed in cold blood by Officer Michael Byrd. Kevin Greeson died of a heart attack. Benjamin Phillips was killed when Capitol Police fired exploding cylinders into the crowd, and he was knocked unconscious, and Trump supporters were unable to revive him. And Rosanne Boyland was gassed, pushed down, smothered until unconscious, and then beaten with a stick by Officer Lila Morris several times as she lay dying on the US Capitol Steps.

The Capitol Police also attempted to kill Derrick Vargo when they pushed him off a three-story ledge. He survived with serious injuries.

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‘Deadly Exchange’: How US Police Learn Their ‘Worst Practices’ From The IDF

It is not uncommon for police to drive around with their lights flashing in Black and working-class neighborhoods in Atlanta. This is a tactic used to intimidate and make their presence known; for residents of these neighborhoods, it can feel like psychological warfare. US law enforcement learned this strategy from Israeli forces.

Thousands of law enforcement officials have traveled to Israel to learn new repression strategies and surveillance techniques from the Israel National Police, Israel Defense Forces, and the Shin Bet, who inflict violence, crowd control, and surveillance onto Palestinians. Anti-imperialist advocates say the tactics being taught to US law enforcement were battle-tested on Palestinians and spread to the US to target Black and Brown communities through a training relationship that grants Israeli forces more power and profit, causing further harm to Palestinians.

These programs are facilitated by the Anti-Defamation League, the Jewish Institute for National Security of America, and the Georgia International Law Enforcement Exchange Program—the latter of which was started in 1996. US leaders sought Israel’s guidance to curb terrorism, and a ‘deadly exchange’ of worst practices between US and Israeli forces was born. Federal, state, county, and municipal law enforcement executives including local police departments, the FBI, and ICE have traveled to Israel, while thousands of officials have attended conferences with Israeli experts in the US. An inaugural “US-Israel Security Conference” by JINSA occurred last month, where a former Israel Defense Forces commander was included as a guest speaker.

“Within these programs, worst practices are shared to promote and extend discriminatory and repressive policing practices that already exist in both countries,” said Rania Salem, an organizer with the US Palestinian Community Network. “US forces take whatever is working in Israel and they bring it here and inflict it on Black and Brown people.”

Police departments in New York, Los Angeles, New Orleans, and Atlanta, among others, have close ties with Israeli forces. Salem said that the increasing militarization of US police in recent decades is due in large part to the “funding and support of Israel’s brutal military occupation.” She said that in return for these trainings the state of Israel gets in good standing with the US for future support, and its forces learn new tactics in return—Salem said that Israel learned stop-and-frisk and racist traffic stop techniques from US law enforcement.

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14 current and former Minneapolis cops say Assistant Chief Katie Blackwell LIED during trial of Derek Chauvin

A group of 14 current and former Minneapolis Police Department Officers signed sworn declarations attesting to their belief that Assistant Chief Katie Blackwell committed perjury during the trial of Derek Chauvin over the death of George Floyd on May 25, 2020. Blackwell testified that the method of restraint used by Chauvin was not part of MPD officer training. Blackwell had said at the trial “that’s not what we train.”

However, others say that the “knee-on-neck restaint Chauvin employed was trained under the maximal-restraint technique (MRT), a restraint the MPD taught and allowed until 2023.” The officers who signed the declarations “swore that this training was well known—indeed, common knowledge—and omnipresent,” Alpha News said.

Reporting on the declarations, Alpha News said that these 14 statements “were among dozens of declarations submitted by lawyers representing Alpha News in a defamation lawsuit brought by Blackwell last October against Alpha News, Alpha News reporter Liz Collin, producer J.C. Chaix, and a publishing company.” Blackwell brought suit against Alpha News in response to their documentary “The Fall of Minneapolis,” which indicated that Blackwell had not been truthful in her testimony.

In a lengthy motion asking for the case to be dismissed with prejudice, attorney for Alpha News Chris Madel wrote “With this motion, 33 former MPD officers who served with Blackwell, and one who currently serves with her, have sworn that MPD trained this restraint as part of the ‘maximal-restraint technique’ (‘MRT’) and otherwise. Indeed, 14 of these officers have sworn—under oath—their belief that Blackwell perjured herself.”

“Blackwell remarkably claims that Collin and Chaix defamed her when they opined that it ‘seemed’ like Blackwell lied. In reality, this opinion was far more generous than necessary. It is a fact,” the motion further reads.

Floyd died in police custody after he was arrested in a parking lot on that fateful day in May 2020. Chauvin restrained him and Floyd later died. His death was deemed by the court of public opinion to be a racially motivated murder and within two days of his death, as cell phone footage of the arrest circulated online, riots began in Minneapolis and quickly spread across the country.

Floyd’s death was about 10 weeks into the Covid-19 pandemic which inspired local government leaders to insist on lockdowns, business, school and church closures. The riots began at the tail end of a spring as weather turned warm after the winter months. In many areas, lockdowns were still imposed except in the case of protests. Dozens of doctors signed a letter claiming that racism was a bigger health threat than Covid and that those who were out protesting were in the right. Anyone who wasn’t protesting for racial justice was told to stay home and churches, schools, and businesses remained closed.

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