NPR: Judge Tosses Case Against Alabama Officer Accused Of Injuring Indian Man


NPR news reported this account of police misconduct, the video which clearly shows someone not resisting in any way….

A federal judge in Alabama has thrown out a civil rights case against a former Madison, Ala., police officer accused of using excessive force on an unarmed Indian man last February. Sureshbhai Patel, who was 57 years old at the time, suffered serious injuries.

Patel had been walking around his son’s neighborhood during a family visit to the United States. Police received a call about a “skinny black man” in the neighborhood. Parker said that Patel, who does not understand English, did not obey his commands. The confrontation, in which Parker is seen slamming Patel to the ground and falling on top of him, was caught on video.

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Miami Herald: Amid a series of police-involved shootings in Miami-Dade, a search for patterns …

“Over one six-day stretch over the past two weeks, South Florida police officers shot seven people. Two of them died. Four who survived were teenagers. Three of the teens were inside a truck. One of those shot was a reputed gang member. The two who died suffered from mental illness.”

The Miami Herald published the above content on November 22, 2015.

Video Shows Gang of Cops Beat 2 Non-violent Men for Walking Across the Street

Alternet: Austin, TX — A group of friends,  Jeremy Kingg, Lou Glen, Matt Wallace, and Rolando Ramiro were walking home Early Friday morning when they crossed the street in a manner unfit for a police state.

“We were walking across the street, the sign said ‘do not walk,’ but lights were already turning yellow and streets were blocked off, so we kept walking,” Ramiro says.

“[Police] flashed their flashlights at us, asked us to show them our IDs. Matt and Jeremy said to f— off,” noting that the street was barricaded so the ‘crime’ of Jaywalking was a moot point when cars are unable to drive down the street.

However, the half-dozen officers attempting to assert their authority over group did not approve of Wallace and Kingg’s tone, so they felt a gang beating was in order.

All of the sudden, multiple Austin cops coming running from their bicycles and proceed to start punching, kneeing, and kicking two young men…..

Read the rest of the article at Alternet

LATimes: Report on fatal shooting of unarmed black man is sharply critical of Pasadena police

An independent consultant’s report on the 2012 fatal shooting of an unarmed black man by Pasadena police officers sharply faulted the department’s investigation of the controversial killing, as well as the officers’ tactics.

The redacted document was released Tuesday after a yearlong legal battle during which the police officers union fought to keep its contents private.

Kendrec McDade, 19, was shot seven times after a 911 caller falsely reported that the Azusa High graduate was carrying a gun when he and a friend stole a laptop. The caller eventually pleaded guilty to falsely reporting a criminal offense, and the district attorney’s office cleared Officers Jeff Newlen and Matthew Griffin of wrongdoing in the shooting.

But according to the Office of Independent Review Group, Pasadena police failed during their investigation to determine whether witnesses could corroborate or refute the officers’ claims that McDade had been clutching at his waistband as he fled from their squad car.

The consulting group also faulted the department for not conducting a separate internal affairs investigation into the tactics used by the officers, for waiting 36 hours before interviewing them and for providing the pair with video recordings of the aftermath of the shooting before their interviews — an action that “is likely to distort pure recall either consciously or subconsciously,” the report said.

Read more at the LA Times

The Atlantic: Pleading for the Fourth

In her solo dissent from a case at the U.S. Supreme Court on Monday, Justice Sonia Sotomayor chose to be blunt about the ruling’s implications. “By sanctioning a ‘shoot first, think later’ approach to policing, the Court renders the protections of the Fourth Amendment hollow,” she wrote of her colleagues’ 8-1 decision in Mullenix v. Lena to shield a police officer from liability for shooting a man during a high-speed chase.

Mullenix is neither a high-profile case on the Court’s docket nor a landmark decision in its jurisprudence. But Sotomayor’s dissent from it adds to what has become an increasingly prominent theme of her tenure: the Fourth Amendment’s constraints on law enforcement, and a skepticism toward those who try to stretch them.

This particular case centered on the death of Israel Leija, Jr., who was shot and killed by Chadrin Mullenix, a trooper with the Texas Department of Public Safety, during a high-speed pursuit on Interstate 27 near Tulia, Texas, in 2010. The chase began when a local police officer attempted to arrest Leija on an outstanding warrant in Tulia. Leija fled, leading officers on an 18-minute, high-speed pursuit. During the chase, Leija called the local police dispatcher and, in what the dispatcher interpreted as a state of intoxication, warned that he had a gun and would shoot officers pursuing him….Read the rest of the article at The Atlantic

ABA Journal reports “Cop who killed fleeing driver is protected by qualified immunity, SCOTUS rules”

ABA Journal: The driver, Israel Leija Jr., had fled after a police officer approached his car at a drive-in restaurant and told Leija he was under arrest, according to the Supreme Court opinion. Leija drove at speeds between 85 and 110 miles per hour during the chase. Twice he called the Tulia police dispatcher, claiming that he had a gun and would shoot at officers if they didn’t give up the chase. The dispatcher also received a report that Leija might be intoxicated.

Officers set up tire spikes at three locations, including at Cemetery Road beneath an overpass. Mullenix drove to the Cemetery Road overpass and considered shooting at Leija’s car to disable it. Mullenix asked the dispatcher to ask his supervisor if the plan was worth doing, and got out of the vehicle; it’s unclear whether he heard his supervisor’s advice to wait to see if the spikes worked. Mullenix fired when the car approached, killing Leija…. Read more at the ABA Journal.

Last week, a I posted a law brief of this case on my website Blog: The Law Offices of Cory H. Morris.  When the New York Times reported this case it found that “Mullenix v. Luna, No. 14-1143, was different, the majority acknowledged, because ‘traffic was light on I-27.’ But it added that there existed ‘no case from this court denying qualified immunity because officers entitled to terminate a high-speed chase selected one dangerous alternative over another.’ ” This is the first time the Supreme Court has given an open license for police to, as was done in this case, kill in such instances. The LA Times reported the case as well, noting that the “[t]he court’s decision comes at a time of growing concern over police shootings, including the killing last week of a 6-year-old Louisiana boy who was in the back seat of his father’s car.”

The Washington Post also ran a story on the case, highlighting one of the salient issues surrounding police accountability: “Supreme Court decided Monday that a Texas state trooper who shot and killed a fleeing suspect in a high-speed chase cannot be held civilly liable for the man’s death, even though the officer’s superior had told him not to shoot.”

Wash. Post: Louisiana officers charged with murder in shooting of boy, 6

Two police officers were arrested on charges of second-degree murder and second-degree attempted murder for a shooting Tuesday in Louisiana that left a 6-year-old boy dead and his father critically wounded, a state police official said during a news conference on Friday night.

Norris Greenhouse Jr., 23, and Derrick Stafford, 32, were arrested on Friday night after state police say they fired 18 shots at the car in which Christopher Few and his 6-year-old son, Jeremy Mardis, were riding, Col. Mike Edmonson of the Louisiana State Police said during a news conference…..There have been at least 838 fatal on-duty police shootings so far this year,according to a Washington Post database. Greenhouse and Stafford will become just the sixth and seventh police officers to be charged with a crime for an on-duty shooting that occurred this year.

Read the rest here: Louisiana officers charged with murder in shooting of boy, 6

Seattle Times: Seattle cop who punched handcuffed woman won’t face federal prosecution

The Seattle Times reported that Federal prosecutors say they will not charge a Seattle police officer who punched a handcuffed, intoxicated woman during an arrest in June 2014.

In a letter to Police Chief Kathleen O’Toole, U.S. Attorney Annette Hayes wrote that her office will not seek an indictment against Officer Adley Shepherd, who has been on paid leave since the June 22, 2014, incident.

The decision opens the door for the department’s Office of Professional Accountability (OPA) and its newly formed Force Investigation Team to review the incident to determine whether Shepherd should be disciplined.

King County Prosecutor Dan Satterberg last year determined his office would not seek state felony charges against Shepherd, 39, a 10-year department veteran, for punching Miyekko Durden-Bosley while she was in the back of his police cruiser.

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WATCH: Police Take Turns Beating Bronx Man After Search Turns Up Nothing

A Bronx man has accused a half-dozen NYPD officers of taking turns beating and kicking him after he asked an officer why he had been searched when she was responding to a noise complaint, according to  ABC7.

According to Santiago Hernandez, 23, he was standing in front of a home in the Melrose section of the Bronx on August 18th when a uniformed NYPD officer stopped and asked to frisk him.

“I turned around and put my hands up,” Hernandez explained, saying the officers told him they were investigating a noise complaint.

When the search turned up nothing, Hernandez asked why he had been searched. At that point the female officer grabbed his arm and slapped a handcuff on him.

“I’m like, ‘Miss what you doing? You are hurting my arm,’ ” Hernandez said. “She just was telling me to put my hands behind my back, but ‘I’m like trying to understand what are you are arresting me for. Can you please tell me?’.”

Moments after  refusing to comply to an order to  put both his hands behind his back, a half-dozen uniformed officers appeared and dog-piled on Hernandez, punching and kicking and dragging him onto the sidewalk.

Cellphone video backs up his account of the assault.

“They was taking turns on me. One kicks me, he steps back. Another one comes to punch me and he steps back,” Hernandez said. “And another one comes and grabs my arm and hits me like 10 times with the baton. Another one comes and pepper sprayed me, they were taking turns like a gang.”

The video shows a subdued Hernandez then being dragged to a waiting patrol car.

Photos show Hernandez covered in bruises and scrapes after the incident.

Hernandez was charged with disorderly conduct and resisting arrest, however the Bronx DA declined to prosecute the case.

Hernandez told Eyewitness News reporter N.J. Burkett that he had reason to be concerned about being arrested since he is on parole following six years in prison for a conviction related to gang activity when he was fourteen.

Asked why he didn’t just comply and allow himself to handcuffed, Hernandez replied, “Because I’m a person to ask questions. If I didn’t do nothing wrong, I’m trying to understand the reason, what they are thinking of me, or what was the reason at all to arrest me.”

Jay Heinrich, Hernandez’s attorney, said, “Unfortunately, for young men like Santiago, I think this incident is all too common.”

Hernandez’s attorney said he would be filing a civil suit against the city.

The NYPD claims they are investigating the matter.

Watch the video below from ABC7:



Brownsville Woman dragged naked from her apartment


The NYPD officers were responding to a domestic violence 911-call made from the Brownsville apartment building. However, according to the Daily News, they did not know the apartment number. After hearing shouts from Stewart’s apartment they banged on the door at 11:45 PM. According to the Daily News, Stewart told the police they had the wrong apartment and attempted to close the door. Denise Stewart was then dragged by the NYPD cops into the hallway.

Neighbors captured part of the arrest on video, which shows male officers struggling to subdue the woman, and Stewart calling for her oxygen.

“For approximately two minutes and 20 seconds, Stewart was bare-breasted in the hallway as additional police officers tramped up the stairs and through the hallway, glancing at her as they passed by,” the  Daily News reported. Eventually a female officer covered her with a towel…Stewart, who has asthma, fainted during the arrest, according to the Daily News.

The NYPD arrested Denise Stewart and charged her with assaulting a police officer — she bit an officer’s finger during the scuffle. Denise Stewart’s 20-year-old daughter Diamond Stewart was arrested and charged with acting in a manner injurious to a child, resisting arrest and criminal possession of a weapon. Stewarts’s 24-year-old son Kirkland Stewart was charged with resisting arrest.

Stewart’s 12-year-old daughter was also taken into custody. According to the police, the 12-year-old had injuries on her face and claimed that her mother and sister hit her with a belt. The 12-year-old daughter later resisted arrest, and allegedly kicked out a police van window, cutting an officer’s chin. She was charged with criminal mischief, criminal possession of a weapon and assaulting a police officer.

Denise Stewart’s lawyer, Amy Rameau, was told by a Legal Aid lawyer that the original 911 call came from a different apartment at the Kings Highway address. The NYPD allegedly arrived at Stewart’s apartment by mistake.

“They manhandled [Stewart] and behaved in a deplorable manner,” Rameau said. “She feels completely mortified. This is about human dignity.”

Rameau also explained that the Administration for Children’s Services investigated and found no evidence of neglect.