Although White Sheriff was Told 3X to Take His Knee Off Choked Out Black Man's Neck, He said “No, I’m Good," & Killed Him. Suit says Video Shows Guards Dog Pile Assault on Tory Sanders at MO Jail

Cory Hutcheson.jpg

From [HERE] and [HERE] A mentally ill Black man from Tennessee who was killed in a southeast Missouri jail lay limp on the floor while the elected sheriff and his top jailer squeezed his neck, a lawsuit filed yesterday in federal court alleges. 

A local cop saw the man had passed out and told the sheriff to ease up. The sheriff — already facing criminal charges in an unrelated case  — wouldn't. 

"No, I'm good," Sheriff Cory Hutcheson replied. He kept up the pressure up for as long as another three minutes. 

That's all according to a new civil lawsuit filed yesterday by the family of Tory Sanders, who died shortly after the May 4, 2017 incident in the Mississippi County jail. His mother, Quinta Sanders, is suing Sheriff Hutcheson, along with the county, the city of Charleston and ten other county jailers and Charleston cops. 

Sanders' death was the subject of a May 2017 RFT cover story

The family's wrongful death suit includes new details about Sanders' last hours, including the final confrontation when Hutcheson allegedly led a team of jailers and cops into his cell. Geared up with helmets and a body shield, they rushed a shirtless Sanders, tackled him to the ground and punched and kneed him in the face while they wrestled him into cuffs, the suit alleges. 

Surveillance video had previously shown the defendants periodically tasing Sanders through a hole in the cell door and, once, blasting pepper spray into the cell. 

Sanders, 28, of Nashville, ended up in the jail after a wrong turn landed him in the Bootheel. He was apparently suffering a severe mental health episode that only got worse as the day progressed. 

But Sanders was never under arrest. In fact, he'd originally gone to police for help after he got lost, telling them he had a warrant out for his arrest in Tennessee. 

They took him to the Mississippi County jail and ran his name. He did have a warrant, but it wasn't a severe enough charge to extradite him, so they planned to send him on his way. But the suit alleges Sanders was confused and upset, and he refused to leave. At one point, jailers found him crying in his cell, begging to know "what the real charges were," the suit says. He was assessed twice by a mental health counselor, who ultimately determined he was suffering an "acute psychiatric crisis" and should be placed on a 96-hour hold. 

As that afternoon turned into the evening, Sanders grew frantic. A deputy sheriff, who is not a defendant in the suit, let him use his cell phone to talk to his mother. Quinta Sanders previously told the RFT her son told her, "They're trying to kill me." 

As the day went on, surveillance video shows multiple confrontations with jailers, some of whom kicked the door and tried to stun Sanders with a Taser. Shortly after 6 p.m., a jail staffer sprayed pepper spray into the cell and then went outside with other staffers for some fresh air. 

Staffers considered a couple of different remedies, including leaving him alone on one end of the spectrum and stunning him with a "flash bang" on the other, the suit says. 

Shortly after 7 p.m., Sheriff Hutcheson showed up with Jail Administrator Sally Yanez. Hutcheson was supposed to be on restricted duty. He had been charged with multiple crimes in unrelated cases, and his law enforcement license had been suspended as a result. He had refused to step down from his job as sheriff, but with his license in question, he was supposed to be limited to administrative tasks only. 

Instead, the suit alleges he took a lead role in a bumbling, deadly attempt to take down Sanders. 

Hutcheson and eight others rushed in. One of the cops slipped and smacked his own head on the wall, the suit says. The others tackled their target onto a bunk and worked to wrestle him into handcuffs and leg irons. Hutcheson was near Sanders' upper body and repeatedly tried to tase him in the head, the suit says. 

He was punched, kneed and stunned as the group tried to restrain him, the suit says, while he screamed “stop” and that they were trying to kill him.

The group eventually toppled off the bunk onto the floor, pinning down Sanders until he went limp. The suit says a jail administrator Sally Yanez was ordered to apply pressure on Sanders’ neck — even though she had no training on pressure point techniques — and she did until he passed out and blood came from his mouth.

Jail administrator Yanez had effectively choked Sanders out. She would later admit she pushed down "real hard" on his neck until he passed out, the suit says. Hutcheson is accused of jamming his knee against Sanders' neck while he kept his hand on the man's face. 

A local cop involved in what he described as the "dog pile" reportedly recognized that Sanders was already out and told Hutcheson three times to ease up on the man's neck. But the white sheriff kept the pressure on, even as up to three minutes passed, the suit says. 

They eventually rolled Sanders onto his back. By then, he was not moving. From 7:18 p.m. to 7:29 p.m., multiple jailers and cops went in and out of the cell but nobody administered CPR, the suit says. 

Eventually, it was discovered that Sanders’ wasn’t breathing. But no measures — such as CPR — were taken to safe his life, the suit says. After a while, Hutcheson allegedly told the group he would take the cuffs off Sanders once an ambulance arrived, because Sanders “was not under arrest.”

The suit says Sanders body was rolled out of the cell on a stretcher at 7:36 p.m. When he was pronounced dead at 8:08 p.m., the manner of death was listed as homicide “likely due to excited delirium syndrome.”

EMTs arrived at 7:32 p.m. and rolled his body out on a stretcher at 7:36 p.m. He was pronounced dead at 8:08 p.m. 

Three medical examiners would later attribute his death to "excited delirium." It's a controversial diagnosis. It tends to pop up in police-custody deaths of people who are mentally ill or on drugs, but it is not recognized as an actual condition by American Medical Association, American Psychological Association or World Health Organization. 

Sanders' family had hoped Hutcheson and others would face criminal charges. Attorney Josh Hawley investigated the death but announced in March that he would not pursue murder charges against anyone involved. (He hasn't filed any lesser charges, either.) 

Quinta Sanders filed the suit on behalf of the family, including her son's nine children. They're seeking a minimum of $20 million on six counts, alleging civil rights violations, false imprisonment and wrongful death. 

The suit alleges that after Sanders was wheeled away, the sheriff had Yanez retrieve an encrypted hard drive from his office, and then gave her $60 to buy a cell phone SIM card so they could text privately. 

He also told others involved not to speak to investigators and assured Yanez if she went to jail, he would help get her out, the suit says. 

Hutcheson previously denied any wrongdoing and declined to comment on the latest suit. 

He is facing state and federal identity theft charges for allegedly tracking the cell phones of a judge, the former sheriff and state troopers. He is also facing a state robbery charge after a confrontation with an elderly hairdresser. 

His deputy has since been appointed acting sheriff. 

The jail, which Hutcheson ran as the administrator before he was elected sheriff, has also been a source of trouble. Mississippi County and Charleston settled a lawsuit for $270,000 with the family of a young mother who died of an overdose in her cell as jailers mocked her. 

The Sanders suit references that suit and multiple other incidents at the jail. 

ICE has Locked Up a Record 44,000 People [All Non-White] in Family Destruction Centers [Prisons]

From [HERE] The number of people detained by Immigration and Customs Enforcement has hit an all-time high, according to recent statistics reviewed by The Daily Beast.

That massive increase in detentions by the highly controversial agency has prompted questions from rights groups about how Immigration and Customs Enforcement (ICE) obtained the money to place into its custody 4,000 more people than Congress has funded. Earlier this year, when facing a similar shortfall, the Department of Homeland Security, ICE’s parent organization, quietly moved nearly $100 million dollars out of other areas of its budget, including the Federal Emergency Management Agency, prompting an outcry from a prominent senator.

That senator, Oregon Democrat Jeff Merkley, told The Daily Beast it was unsurprising that the Trump administration was “exceeding historic high water marks of detainees to pursue their ideologically driven policy agenda.” But Merkley, a member of the powerful Senate appropriations committee, demanded ICE account for how it had somehow found the money—something it and the Department of Homeland Security would not do in response to The Daily Beast’s questions.

“It is incredibly important that ICE explain how they’re paying for nearly 4,000 more beds. In September, when I discovered that ICE had been reprogramming FEMA dollars to pay for immigrant detention centers, I wasn’t given the information from the administration. I wasn’t given the information as a member of the Senate appropriations committee. I found the information through outside resources,” Merkley said.

“The plain fact is that the administration never wanted anyone to know how they were planning to pay to execute their plan. They used a mechanism that was never intended to see the light of day,” he added.

ICE recently reported to Congress that, as of October 20, its average daily population in detention had reached 44,631 people. The figure is not classified, but it has not been made available to the public. A congressional office confirmed it to The Daily Beast.

That’s 2,500 people more than the most recent detentions statistic ICE told The Daily Beast it had: 42,105 people locked up as of September 15. By way of contrast, in October, Customs and Border patrol arrested 28,112 people, as the Washington Post first reported—far less in a month than ICE keeps imprisoned every day.

The steep rise in detentions is “indicative of the fact that the Trump administration has weaponized ICE into an entity that far exceeds the agency’s original mandate and fits with the anti-immigrant actions of this administration,” Rep. Raul Grijalva, an Arizona Democrat, told The Daily Beast. “With little accountability and oversight—and a long track record of abuse—I’m concerned that the vast majority of those in ICE custody include many innocent people who’ve done nothing wrong.”

It’s the latest milestone for detentions set during the Trump administration—which surpassed the record number of immigrants Barack Obama’s administration imprisoned. Last November, ICE’s jails held a daily average of 39,322 people. “This marks the second year in a row the U.S. government hit an unprecedented high in how many immigrants it incarcerates,” the National Immigrant Justice Center found back then, after the Immigration Legal Resource Center obtained the detentions data through Freedom of Information Act requests. Those internal records indicated that the vast majority of detainees posed no threat.

“ICE takes people from American homes and communities in early morning raids, from courtrooms and workplaces, and from the border where they arrive seeking safety and protection, and jails them thousands of miles from their lawyers and their loved ones. Inside, they suffer solitary confinement, unsafe conditions, and severe isolation,” said Heidi Altman, the National Immigration Justice Center’s policy director.

“From a moral perspective, 44,000 is an astonishing number of people to be separated from their families and communities and held within a system that DHS's own Inspector General has criticized for abusive conditions,” added the Detention Watch Network’s Mary Small.

The size of the number can obscure the experience of detention for those locked up. Several migrants, held in Texas, were separated from their children for a second time after the parents protested their jail conditions. One man held in Louisiana said ICE fed detainees food so inedible that cats wouldn’t eat it.

A woman detained for 11 months, Floricel Liborio Ramos, wrote about immigration cells so sweltering during the summer that they rendered her plastic mattress unusable. “We used to clean the floor with our sanitary towels and then sleep on the floor because it was made of concrete, and so it was colder,” she wrote. What physical relief it provided couldn’t reduce the anxiety of being separated from her children.

ICE’s two most recent submissions to Congress justifying its budgets show a vast upward trend in its detention operations. In March, that surge prompted the congressional appropriations committees to give ICE $7.1 billion, its highest budget ever, including $4.1 billion for immigrant removal and detention operations, some $401 million over the previous year.

The extra money came with an explicit warning.

From October 1, 2017 through that March, House appropriators noted, ICE “exceeded its annualized rate of funding for Custody Operations,” according to the Congressional Record. Going forward, “ICE is directed to manage its resources in a way that ensures it will not exceed the annualized rate of funding for the fiscal year.” Congress funded an average daily detention population of 40,520 people—well below the the 51,000 beds the administration requested. (ICE prefers to count detention size in terms of “beds” rather than people.)

Democrats on the House appropriations committee noted that the funding level required “ICE to reduce the number of detention beds in use between now and the end of FY [fiscal year] 2018.”

An ICE spokesperson, Danielle Bennett, acknowledged that Congress funded ICE for 40,520 average daily detainees this year, “though ICE does have the flexibility to go above that number.” Neither Bennett nor DHS answered The Daily Beast’s repeated questions about where the money for thousands more detentions every day came from.

This summer, when ICE ran out of money for detentions, its Department of Homeland Security parent simply took money from other parts of its budget to quietly pump money into ICE detentions.

In a document revealed by Merkley to MSNBC’s Rachel Maddow in September, ICE in August informed Congress that its custody operations were running a serious deficit. “ICE must have sufficient detention bed capacity to detain illegal aliens when necessary as it enforces the Nation’s immigration laws as fairly and effectively as possible,” it stated. Using the “best available data, historical trends and modeling,” ICE said it was likely to detain 2,359 more people than its congressional funding allowed.*

DHS informed Congress that it found ICE the money from accounts held by the Federal Emergency Management Agency, the Transportation Security Administration’s aviation safety programming, the Coast Guard, and ICE’s own Homeland Security Investigations component. It wasn’t a request—it was an after-the-fact notification.

DHS says the money didn’t come out of any disaster relief or recovery fund, and that the nearly $10 million or so it took from FEMA came from administrative overhead. Merkley disputes that, and told The Daily Beast that the new detainee highs underscored ICE’s opacity.

“There is no ambiguity about how this is supposed to work,” Merkley said. “It is Congress’ job to decide budgets and ICE must work within the budget that Congress sets. Pulling money from FEMA during hurricane season to pay for the administration’s zero tolerance child-snatching agenda is unacceptable. Striping cancer research dollars to fund child prisons is unacceptable.”

But even after DHS acknowledged pumping money into ICE’s detention budget, it wasn’t enough. In September, ICE asked Congress to give it $1 billion-with-a-B in the continuing resolution—and Congress specifically declined. But, The Daily Beast has confirmed, that same month, the detention numbers continued to swell anyway. As of September 19, the day the Senate passed a continuing resolution agencies like DHS through December, ICE had 43,714 people in its jails, a figure confirmed by a different congressional office. (ICE claimed to The Daily Beast that four days earlier, September 15, it had 1609 fewer people than that detained.)

In other words, since at least mid-September, ICE has busted through its congressionally mandated detention cap of 40,520 people by between 3,000 and 4,000 people—even after surreptitiously getting money from elsewhere in DHS.

“It’s outrageous that ICE is so dramatically overspending without explaining how they'll pay for it,” said the Detention Watch Network’s Small. “Given the agency's history of fiscal manipulations and the clear human cost, Congress should aggressively intervene to reverse this reckless expansion ahead of the December 7 deadline.”

Legislators and activists aren’t the only ones warning that ICE plays accounting games. In April, the Government Accountability Office released a report finding that for years, ICE employed dubious methodology that consistently undercounted how much its detentions actually cost. In fiscal 2016, ICE lowballed each detention bed by $5—which meant that the total detention costs estimated in its budget submission were too low by $62 million. “ICE's methods for estimating detention costs do not fully meet the four characteristics of a reliable cost estimate,” the GAO concluded.

“Ensuring there are sufficient beds available to meet the current demand for detention space is crucial to the success of ICE’s mission,” ICE spokesperson Bennett said. “Accordingly, the agency is continually reviewing its detention requirements and exploring options that will afford ICE the operational flexibility needed to house the full range of detainees in the agency’s custody.”

Bennett noted that the administration is asking in its next budget for nearly $2.8 billion in detentions funding for an average daily detentions population of 52,000—an indication that ICE intends to set even more records for immigrants behind bars. [MORE]

Genocidal Israeli Forces Continue to Use Lethal Force & High Velocity Bullets to Permanently Maim Protesters in US Funded Gaza Concentration Camp

From [HERE] and [HERE] During the thirty-third week of the Great Return March demonstrations in Gaza the Israeli military continued to use lethal and other forms of excessive force on Palestinian protesters and paramedics. The documentation by Al Mezan Center for Human Rights shows that at 3:10pm on Friday, 9 November 2018, Israeli forces used live ammunition, plastic-coated steel bullets, and tear gas canisters, killing one protester and wounding 149 others, including 17 children, ten women, and five women. Of the wounded, 69 sustained injuries from live ammunition, including ten children, one woman. Three of the wounded suffered serious wounds.

Al Mezan’s documentation indicates a trend of Israeli soldiers shooting protesters in the upper part of the bodies, which has led to the fatal injury of Rami Qahman, 28, who was shot with a live bullet in the neck at 4:05pm on Friday and was pronounced dead by doctors at the European Gaza Hospital at 8:40pm on the same day. Qahman, a resident of Al-Shabora neighborhood in Rafah district, was injured during his participation in the demonstration in east Rafah in the south of the Gaza Strip.

Moreover, five protesters who had had been wounded at the demonstrations in previous weels were pronounced dead. Al Mezan has identified them as follows:

-- At 9:20pm on Wednesday, 7 November 2018, doctors at Al-Ahli Hospital in Hebron, West Bank, pronounced dead Ahmed Al-Najar, 21, a resident of Khan Younis. He deid from wounds he sustained on Friday, 26 October 2018, at the demonstration in east Khan Younis when he was shot with a live bullet that pierced his stomach and exited through his back. -- At 10am on Monday, 5 November 2018, doctors at the European Gaza Hospital pronounced dead Ghanem Shurrab, 44, a resident of Khan Younis. On Friday, 19 October 2018, despite his disability, Shurrab was shot with a live bullet in the left foot at the demonstration in east Khan Younis. -- At 3:40pm on Friday, 29 October 2018, doctors at Al-Shifa Hospital in Gaza City pronounced dead Mahmoud Abu Abbadi, 25, a resident of Al-Shati’ refugee camp in Gaza City district. He had been wounded on the same day when he was shot with a live bullet in the chest at the demonstration in northwest Beit Lahia city in North Gaza district. -- At 5:15am on Sunday, 28 October 2018, medical sources reported the death of Yahya Al-Hasanat, 37, a resident of Al-Mughraqa village in the Middle Area district. On Friday, 26 October 2018, he was shot with a live bullet in the head at the demonstration in east Al-Bureij refugee camp in the Middle Gaza district. -- At 8am on Saturday, 27 October 2018, medical sources reported the death of Mjahed Aqel, 24, a resident of Al-Nuseirat refugee camp in the Middle Gaza district. On Friday, 26 October 2018, he was shot with a live bullet in the left thigh at the demonstration in east Al-Burij refugee camp.

Israeli troops have killed seven Palestinians - including a Hamas military commander in what appears to be a covert Israeli operation gone wrong in Khan Younis, in southern Gaza. Both Hamas and Israel claim that the assassination of the Hamas commander was not the purpose of the operation - according to Hamas, the commandos were stopped at a checkpoint and a gun battle ensued.

Al Mezan documented the continued wounding of members of the medical teams:

-- Filisteen Qudeih, 21, a paramedic volunteering with Rowwad Al-Salam Medical Team, was shot with a live bullet in her left leg, at the demonstration in east Khan Younis. Qudeih’s injury resulted in the fracture of her leg’s bone. -- Karim Al-Dalo, 37, a paramedic volunteering the Palestinian Civil Defense, was wounded from shrapnel of a live bullet in his neck. -- Saleh Al-Rimahi, 27, a paramedic volunteering at the Ministry of Health, was hit in the face with a tear gas canister. -- Huthayfa Abu ‘Aita, 27, a paramedic working with the Palestinian Red Crescent Society, was hit in the back with a tear gas canister. -- Mohammed Saleh, 25, a paramedic with the Palestinian Medical Services, was shot in the back with a plastic-coated steel bullet.

The latest four paramedics were injured while providing medical care to casualties in east Jabalia refugee camp in the North Gaza district.

Al Mezan’s documentation shows that from the start of the Great Return March protests on 30 March 2018, 234 Palestinians have been killed in the Gaza Strip. Of the total fatalities, 174 were killed at the demonstrations—including 33 children, one woman, two journalists, three paramedics, and six persons with disability, including one child. Another 12,482 persons have been wounded, including 2,394 children, 515 women, 136 paramedics, and 134 journalists. Of those wounded, 6,964 were hit by live fire, including 1,227 children and 142 women. The Israeli forces continue to keep the bodies of 11 fatalities, including three minors.

Al Mezan reiterates its condemnation of the use of lethal and other excessive force by the Israeli forces, including sharpshooters, to police demonstrations. Al Mezan expresses deep concern at the continued attacks on children, as well as on paramedics, who are visibly marked as such. Al Mezan stresses that the right to peaceful assembly and free expression are fundamental rights and must be respected. Unarmed protesters not posing any serious or imminent threat to the Israeli forces must not be shot.

Al Mezan urges the international community to take prompt and effective action to ensure respect for international law and provide meaningful protection for unarmed protesters throughout Gaza. The duty to protect protected persons is a principal legal requirement and is, at this point in the conflict, a test of the authenticity of the international community’s commitment to their legal obligations, moral standards and humanitarian objectives vis-à-vis the Palestinian population.

The failure to hold to account perpetrators of human rights abuses encourages the advancement of harmful policies and practices. Al Mezan therefore calls on the international community to support accountability mechanisms and ensure that perpetrators are brought to justice in accordance with international law. In this vein, the international community is called upon to support the UN Commission of Inquiry’s impartial and independent investigation into the apparent unlawful deployment of force against the unarmed protesters, journalists and paramedics.

Federal Ct Denies Immunity [law of the jungle rules] to White Merrillville Cop who Shot Black Trucker who had His Hands Up for 15 Seconds & said "I Surrender, I'm Done"

  ABOVE THE SCENE AFTER WHITE COP’S SENSELESS SHOOTING OF A BLACK MAN TO ENFORCE PARKING LAWS. FOR THE MOST PART THE WHITE MEDIA HAS SIMPLY PARROTED THE WHITE COP’S VERSION OF THE STORY, WHICH IS SELF-SERVING AND CONTRADICTORY. IN FACT THE WHITE MEDIA HAS NOT PUBLISHED A SINGLE PHOTO OF THE PUBLIC SERVANT [RULER] IN RELATION TO THIS STORY FROM 2013. the white media constantly promotes indoctrination into the cult of “authority” worship as discussed by    larken rose   . And as explained by    dr. frances cress welsing    in the system of rsw “ all white peoples have the spoken or unspoken mandate to participate actively in their collective struggle for global white genetic survival. This specifically means, of necessity, the murder and slaughter of Black and other non-white males whenever it is felt within the white collective to be necessary and, therefore, justified [     MORE     ],

ABOVE THE SCENE AFTER WHITE COP’S SENSELESS SHOOTING OF A BLACK MAN TO ENFORCE PARKING LAWS. FOR THE MOST PART THE WHITE MEDIA HAS SIMPLY PARROTED THE WHITE COP’S VERSION OF THE STORY, WHICH IS SELF-SERVING AND CONTRADICTORY. IN FACT THE WHITE MEDIA HAS NOT PUBLISHED A SINGLE PHOTO OF THE PUBLIC SERVANT [RULER] IN RELATION TO THIS STORY FROM 2013. the white media constantly promotes indoctrination into the cult of “authority” worship as discussed by larken rose. And as explained by dr. frances cress welsing in the system of rsw “all white peoples have the spoken or unspoken mandate to participate actively in their collective struggle for global white genetic survival. This specifically means, of necessity, the murder and slaughter of Black and other non-white males whenever it is felt within the white collective to be necessary and, therefore, justified [MORE],

From [HERE] and [HERE] The Seventh Circuit denied immunity Thursday to a white police officer who shot a Black truck driver he’d been brawling with after the man put his hands in the air and twice said, “I surrender.”

“We cannot read the facts in the light most favorable to the plaintiff and, on the record as it presently stands, conclude as a matter of law that the officer is entitled to qualified immunity,” U.S. Circuit Judge Michael Scudder wrote for a unanimous three-judge panel. “Doing so would mark a stark departure from clearly established law regarding an officer’s use of deadly force.”

In 2013, Craig Strand, a truck driver, stopped his truck in Merrillville, Indiana, to take a mandatory drug screening. Unable to find parking at the drug testing facility, he asked for and received permission to park his truck at a nearby Planned Parenthood office.

Officer Curtis Minchuk was working security at Planned Parenthood, in uniform.

Unaware that Strand had authorization to park there, Minchuk wrote Strand two parking tickets.

When Strand came back to his truck, he attempted to explain his situation to the policeman, but Officer Minchuk allegedly asked for a bribe.

Strand refused to pay, and took out his phone to take pictures showing the absence of no-parking signs in order to contest the tickets.

At this point, Minchuk allegedly ordered Strand to leave immediately, and Strand said he would leave as soon as he was done taking pictures.

Minchuk said, “I told you to get the f*** outta here,” slapped Strand’s cell phone to the ground, and tore his shirt off his body, according to court records.

The policeman demanded Strand’s ID, and Strand countered by demanding Minchuk’s badge number.

The argument escalated into a full-on brawl, with both men hitting each other on the ground. Strand punched Minchuk at least three times in the face, and put his hands around the officer’s throat.

But, court records show, it was Strand who ended the fight when he stood up, backed away 4 to 6 feet, put his hands up and said, “I surrender. Do whatever you think you need to do. I surrender, I’m done.”

Minchuk, still on the ground, responded by shooting Strand in the abdomen. [MORE]

Strand survived the shooting, and was later convicted of battery of a police officer.

He filed a civil rights lawsuit against Minchuk and the town of Merrillville, and a federal judge refused to grant Minchuk immunity for his use of deadly force.

The Seventh Circuit affirmed Thursday, finding that, “For Minchuk to prevail at this stage, the record must show that he fired while Strand still posed a threat. Instead, the record shows that Strand had backed away, voiced his surrender, and up to five, ten, or fifteen seconds may have elapsed while Strand stood with his hands in the air.”

Judge Scudder’s 16-page opinion was joined by U.S. Circuit Judges Michael Kanne and Amy St. Eve. All three judges on the panel are Republican appointees.

“Strand’s confrontation with Officer Minchuk involved no high‐speed car and foot chase, no report of a violent crime, and no reason to believe an offender was armed,” Scudder wrote. “Here…the circumstances are unclear such that we cannot discern with any confidence whether Strand continued to pose a threat to Officer Minchuk.”

Lawless Government Ratifies Its Own Conduct: NC Court Finds Black Man Guilty of Resisting Arrest for Trying to Stop White Overseer from Strangling Him During Aggravated Assault Outside Waffle Shop

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YOUR BELIEF IN THIS NONSENSE IS THE ONLY THING THAT HOLDS IT TOGETHER. From [HERE] A judge has found a Black man guilty of resisting a violent arrest in a case that gained national attention earlier this year.

Anthony Wall's arrest at the Warsaw Waffle House on May 4th went viral when it showed a large white police officer putting his hands on the skinny young Black man's throat over a minor incident at a diner.

The white authorities at SBI investigated the case, but apparently found no excessive force as Officer Frank Moss was never charged with any assault charges.

Wall originally was also facing a disorderly conduct charge, but that count was dismissed by the judge.

Judge Mario Perez, who is from Pitt County, found Wall guilty of resisting arrest.

The judge gave Wall a 20 day suspended sentence and put him on supervised probation for 18 months. Wall must go under an anger management assessment and during probation he is not allowed on the Waffle House property.

Check out the Black Straw Boss who says “I can assure you this is not a racially motivated situation.”

Officer Moss responded to the restaurant in Duplin County after receiving complaints from white employees that Wall had gotten into an argument with them inside about a table that had not been cleaned off.

Wall, according to his attorneys, had complained to white staff at the Waffle House after he and his sister sat down at an empty table that had not been cleared. The two came to the restaurant after Wall had accompanied his younger sister to her high school prom.

The attorneys say employees spoke to the two "in a derogatory manner, using homophobic slurs directed at Wall, and eventually summoning the police."

  “injustice - the by product of authority and its enforcement through legal fictions: the Corporate Police State and their tribunals. 2) forced obligations. injustice is the systematic means by which the greedy keep in check the needy. injustice pervades; justice is incidental, accidental and random”    FUNKTIONARY

“injustice - the by product of authority and its enforcement through legal fictions: the Corporate Police State and their tribunals. 2) forced obligations. injustice is the systematic means by which the greedy keep in check the needy. injustice pervades; justice is incidental, accidental and random” FUNKTIONARY

On the witness stand, Officer Moss [racist suspect in photo above] testified when he was unable to physically contain Wall, he placed his hand on Wall's throat, pressing in with his thumb at a known weak spot.

Moss said the tactic was part of his law enforcement training. He said Wall was “slippery from sweating profusely.”

As the video shows, Wall is not violent at all as Moss throws him around, grabs him by the throat, and lifts him off the ground, before throwing the 22-year-old to the pavement and putting all of his weight on top of him.

Wall only began to “resist” when he feared for his life because he couldn’t breathe and thought he would die.

“I was pretty much trying to scream for air and trying to breathe because he was holding my throat and that’s when I got aggressive with him because you are choking me,” said Wall.

During the altercation, Wall was injured after being choked and slammed to the ground by the massive officer. He suffered a back injury and abrasions. [MORE]

  District Attorney Ernie Lee [in photo], also a racist suspect, declined to bring charges against the white officer.

District Attorney Ernie Lee [in photo], also a racist suspect, declined to bring charges against the white officer.

Video of Jerusalem Authorities Demolishing 2 Palestinian Family's Homes [11 people, including 5 minors] and a Local Business on 11/6/18

On the morning of Tuesday, 6 November 2018, at about 6:00 A.M., Jerusalem Municipality personnel came with two bulldozers and a Border Police and special Israel Police forces escort to the East Jerusalem neighborhood of Beit Hanina. They demolished two tin-roofed cement structures which had been the homes of two families, numbering 11 persons, including 5 minors.
israeli bulldoze homes jerusalem.jpg

Trump Feigns Ignorance about Provisional Ballots After Using Ethnic Voter Purges to Steal Presidency [he "won" by Small Margins by Purging 400,000 in Michigan, 270,000 in Arizona & 589,000 in NC]

trump kemp liars .jpg

Who is Trump bullshitting today? The New Yorker states, “As Brian Kemp prepared for his transition—and, perhaps, privately, the legal battles seeking to delay or even deny it—the Abrams campaign set up seven offices around the state where staffers and volunteers were “chasing provisional ballots,” which are typically offered to voters who are unable to sufficiently prove their identities at the time of voting.

(President Trump, perhaps unaware [or pretending to be unaware] that not all votes are counted at the same time, tweeted, on Friday morning, “You mean they are just now finding votes in Florida and Georgia—but the Election was on Tuesday? Let’s blame the Russians and demand an immediate apology from President Putin!”) According to an unofficial list compiled by the secretary of state’s office, 21,190 provisional ballots remain at play, along with a few thousand absentee ballots.”

As explained in the story below 23,000 votes are needed to force a recount and 25,000 are needed to require a run-off election.

State records from Kemp’s office reveal that he purged over 500,00 voters from the rolls. Most were non-White. At least 340,000 of those voters received no notice of their removal from the voter rolls. If and when they appeared to vote on election day they were given provisional ballots. Greg Palast, who uncovered the purge list estimates that at least 50,000 Georgians voted by provisional ballot last Tuesday. Their votes only count if they follow up with election authorities to confirm information on their provisional ballot and vote counters decide to count them.

The deadline for certifying provisional ballots cast in the election was 5 p.m. on Friday—though, in some counties, it would be extended by a few hours. As the deadline approached, Abrams’s staff and supporters were trying to make sure that they didn’t miss any. 

Liar Trump’s tweet is just more bullshit, lies and/or perhaps complete stupidity about how his election was stolen and handed to him by GOP orderlies. Before a single vote was cast, the election was already fixed by Trump operatives who eliminated millions of legitimate African American, Latino and Asian voters from the voter rolls in North Carolina, Ohio, Wisconsin, Michigan and Pennsylvania. [MORE]

Investigative journalist Greg Palast, explains 'the GOP's white voter base was not large enough to elect Donald Trump. That is, it is too small unless the GOP quietly builds a secret blacklist of millions of voters, especially voters of color, and systematically and quietly wipes out voter registrations.

Clinton won the national popular vote by at least 2.9 million, despite a massive Jim Crow vote-stripping fraud perpetrated by GOP governors and secretaries of state in about 30 states. Parallel to ChoicePoint in Florida 2000, they used a program called Interstate Crosscheck, spread by Kansas Secretary of State Kris Kobach. As reported by Greg Palast, Crosscheck stripped voter rolls on the pretext that citizens were double-registered, even if their names did not match from one state to the other.

Palast estimates that at least 1 million voters were denied their ballots in this way, most of them likely Clinton voters who were black, Hispanic, Asian-American, Muslim and young.

Clinton won the exit polls in Florida, North Carolina, Pennsylvania, Michigan and Wisconsin—more than enough to give her an Electoral College victory. In all those states, the official vote count was deeply tainted with massive registration stripping and widespread electronic flipping. Trump’s total alleged margin in Wisconsin, Michigan and Pennsylvania was under 100,000. As Palast has reported, more than enough Wisconsin voters were stripped from the registration rolls using new photo ID requirements to flip that key state to Clinton. 

In Michigan, where Clinton allegedly lost by about 10,000 votes, some 70,000 ballots were recorded without a presidential preference. In the face of obvious manipulation, stupid Dems, sleeping Blacks [always parroting white liberal talking points and ad-hoc explanations] and the corporate media have never questioned the absurd presumption that tens of thousands of Democratic voters in Detroit and Flint would slog through long lines and official abuse to cast ballots without marking a choice for chief executive. [MORE]

Starting in 2013 – just as the Supreme Court gutted the Voting Rights Act – a coterie of Trump operatives, under the direction of Kris Kobach, Kansas Secretary of State, created a system to purge 1.1 million Americans of color from the voter rolls of GOP–controlled states. By 2016 GOP put into action a voter erasing system called Interstate Crosscheck. Crosscheck along with thousands of votes intentionally not counted in Black voting areas, such as Flint & Detroit chose the presidency in 2016 [MORE]

Palast's undisputed findings reveal that millions of Black, Latino & Asian voters were removed from voter rolls in swing states by Interstate Crosscheck, a so-called "voter fraud" program created by the GOP. Thirty (30) states participated in Interstate Crosscheck. Palast calls Crosscheck the "Great White Hope Machine."  In November, professors from Harvard and Stanford confirm Palast's findings of massive vote theft using Interstate Crosscheck. [MORE] More than 99 percent of voter fraud identified by the GOP-backed program was false, a study by Harvard, Yale, and Microsoft researchers found.

With all the discussion of the contentious 2016 election, the most shocking fact is often ignored: that millions of people had their votes stolen through malicious, means.

Crosscheck removed voters from the voter list if a voter's name appeared to be registered in more than one state. Around 7 million names were put on the list of “potential double voters” before the 2014 election. The Crosscheck program then compares each state’s list with lists from other states in the program. Specifically, according to Palast, the Crosscheck list contains 7,264,422 voters.

Although the Crosscheck program aims to prevent individuals from voting in more than one state in the same election, Crosscheck did the exact opposite and was used to remove legitimate voters from voting rolls.

An investigation in Rolling Stone found that Crosscheck uses a biased and questionable methodology that puts voters with typical African-American names [like “Johnson“], Latino names [like “Rodriguez”], and Asian names [Like “Chen”] in greater danger of being purged from the voter list and being falsely accused of double voting. Crosscheck supposedly matches first, middle and last name, plus birth date, and provides the last four digits of a Social Security number for additional verification.

However, in practice a quarter of the names on the list did not have a middle name match or were only partially the same name. The list contained thousands of errors. The system also neglected to take into account designations of Jr. and Sr., and did not include any Social Security numbers to croscheck whether the suspected voter is the same person. 

An overwhelmingly disproportionate number of non-whites have been removed who have typical Black, Latino and Asian last names and who reside in predominately minority zip codes. Names such as Jackson, Garcia and Wong in areas such as Detroit, Milwaukee and Philadelphia. U.S. Census data shows that minorities are overrepresented in 85 of 100 of the most common last names. “If your name is Washington, there’s an 89 percent chance you’re African-American,” says Palast. “If your last name is Hernandez, there’s a 94 percent chance you’re Hispanic.” Finding these common names the GOP targeted non-white voters and put them on the list and then stopped them from voting on election day. 

For example take a look at a couple of "double voters" on this Crosscheck list: 

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This is typical of the Crosscheck "suspects." Above it says that James Elmer Barnes Jr. of the state of Georgia supposedly voted a second time in Virginia as James CROSS Barnes III.

In other words, the only evidence that these two names represent one criminal voting twice is that the first and last names match. That's all. Nothing more. For more go [HERE] and [HERE]

The inherent racial bias in the Crosscheck database results in an astonishing one in six Hispanics, one in seven Asian-Americans and one in nine African-Americans landing on what Palast dubs “Trump’s hit list.” His investigators calculated 1.1 million non-white people, many spread over crucial swing states were deprived of their right to vote on election day. 

Crosscheck in action:  

Trump victory margin in Michigan:                    13,107

Michigan Crosscheck purge list:                       449,922

Trump victory margin in Arizona:                       85,257

Arizona Crosscheck purge list:                           270,824

Trump victory margin in North Carolina:        177,008

North Carolina Crosscheck purge list:              589,393

And the elite media and the DLC are loathe to even acknowledge Palast's findings. Such is the nature of the system of white supremacy/racism

Needing 23,000 Votes for a Recount, Stacy Abrams Fights illusory Staged Hoax: Racist Kemp Purged 500,00 Voters w/o Notice but Authorities Claim Only 21,000 of Them Cast Provisional Ballots

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From [HERE] and [HERE] Half a million Georgia voters were purged with no notice — and their provisional ballots likely won’t be counted. Brian Kemp, who until this week was Georgia’s secretary of state, is stealing the gubernatorial election from Stacey Abrams. Greg Palast who is presently suing Brian Kemp along with civil rights organizations obtained the list of purged voters through a federal court order.

When those half million voters showed up to vote, they were denied regular ballots – and most given something called a “provisional ballot.”

When some GOP voting chieftain takes away your vote, they don’t want you to raise hell. So they give you this “provisional” ballot. That way, you feel like you voted, but you haven’t. Not in Georgia.

Because, guess who decided the rules on whether to count your ballot? Answer: Candidate Kemp.

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Voting rights activist Stacey Hopkins’ own son was purged – despite a court order Stacey obtained, with the help of the ACLU, to put him back on the rolls–along with 159,000 others Kemp wrongfully purged. Kemp apparently decided to ignore the courts. Again.

The result, says Hopkins, “They were handing out provisional ballots like Chicklets. In our precinct, which normally hands out eleven in an election, they handed out over 60.”

The Palast team went to historically Black Emory College on Tuesday night. The lines kept the poll open until 10pm, and they ran out of provisional ballots by 4pm. When Kemp’s office sent over a stack, the Black students filled out over one hundred provisionals in this precinct. This is just one of thousands of Black-majority precincts.

Salon.com previously reported that the Palast Investigative Fund hired experts at CohereOne to identify 340,134 voters they will swear in court Kemp removed illegally. And CohereOne is far from done going through Kemp’s voter-registration dumpster.

Those voters got no notice they were purged. When, like Rahiem Shabazz, Atlanta filmmaker, they showed up to vote, they were ambushed with the placebo ballot.

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How many provisional ballots? Palast states, “given the number of purged; given the arcane rule of “exact match” of driver’s license data and voter forms, given Georgia’s racially targeted voter ID laws – I could go on – it’s reasonable to project provisional ballots reaching 50,000.”

Democratic gubernatorial candidate Stacey Abrams' campaign disputed on Saturday her opponent Brian Kemp's claims that there are not enough outstanding provisional ballots for Georgia's governors seat to trigger a recount or runoff election.

Abram's campaign said their very conservative findings show a total of 26,846 provisional ballots are uncounted as of Saturday morning. Meanwhile, Kemp's campaign said 21,190 provisional ballots are still outstanding.
Kemp declared victory shortly after the election and abruptly resigned his position as secretary of state on Thursday. He began his transition to become the state's next governor.

The Georgia secretary of state's website lists 21,190 provisional ballots as being accounted for.

If Abrams is able to gain slightly more than 23,700 votes on Kemp, the race is pushed into a mandatory recount. If she can gain about 25,600, it is forced into a runoff. The Democrat is hoping that once all the votes are accounted for, her opponent's vote share drops below the critical 50 percent threshold, which would trigger a runoff election on Dec. 4.

Kemp currently has a 1.6 percent lead on Abrams but the race remains too close to call, according to NBC News. Abrams, who is seeking to become the first black woman elected governor in the U.S., has refused to concede, with her camp claiming that Kemp has not been transparent about the outstanding votes. [MORE]

This Georgia voter was purged by GOP Secretary of State Brian Kemp, without notice. She was even denied a provisional ballot when she went to the polls after trying three times and waiting over two hours.

Palast writes, “then there are voters like Yasmin Bakhtiari of Atlanta, trying to vote, and flatly denied even a provisional ballot—she asked three times over two hours—in direct violation of the Help America Vote Act (HAVA).

They tried to do that to Ashlee Jones in DeKalb County. She had registered to vote twice on Kemp’s website and got no confirmation. Ashlee, an American mix of Latina, Black and White, was told she could not even get a provisional ballot. (I admit, I got a little heavy with the precinct officials, and turned on the cameras. Ashlee got her provisional ballot. But that tiny victory was Pyrrhic: She knows Kemp or his replacement will shred it.)

Our researcher Rachel Garbus called several rural counties whose supervisors told her that no purged voter would get a provisional ballot, only those that “deserve” it. Having witnessed the scary Kemp-Trump rally on Sunday, I can tell you the color of “deserving” voters.

So far, it appears that most provisional ballots, and stacks of absentee ballots, have simply been rejected. Yet there is zero evidence that even one of these voters who signed their ballot envelopes under penalty of perjury are not qualified voters.

As I write this, Kemp has already declared himself the next Governor—and, under pressure from a federal judge, resigned as Secretary of State. Pyrrhic victory that: His voter roll slashing job done, he can step aside as Georgia’s Purge’n General.

So there you have it. You could say the real winner of the election in Georgia appears to be Jim Crow—or, should I say, Brian Kemp’s close friend, database expert Dr. James Crow.

Black College Students File Federal Lawsuit Against Alabama Authorities Over Being Forced to Cast Provisional Ballots Even though they Registered to Vote before the Deadline

[Racists Prevent Black from Participation in Their illusion] From [HERE] Four black Alabama students filed a federal lawsuit against state officials Friday, claiming they were told to cast provisional ballots on Election Day even though they registered to vote before the deadline.

The complaint filed in Huntsville federal court alleges that their experiences were not a simple error but an effort to suppress voting at the Alabama Agricultural and Mechanical University, a historically black college.

“Over 175 provisional ballots were cast at the AAMU polling place,” the lawsuit states. “Moreover, the AAMU polling location ran out of provisional ballots multiple times throughout Election Day, leading to hour-plus long wait times to cast provisional ballots and students having to leave without voting.”

Jordan Jackson, Kendra Jones, Merry Matthews III and Simeon Sykes – represented by lead attorney Kerri Johnson Riley and lawyers with the NAACP Legal Defense and Educational Fund – sued the Madison County Board of Registrars, its chair Lynda Hairston and Alabama Secretary of State of John Merrill.

The students say the board and secretary of state did not register them to vote and then failed to count their provisional ballots – even though the secretary’s website says they are on the voter rolls.

They claim those actions violate the 14th, 15th, and 26th Amendments to the U.S. Constitution as well as the National Voter Registration Act and the Voting Rights Act.

The students ask that any provisional ballot cast on Election Day by a voter who sent in a registration before the Oct. 22 deadline – including the four plaintiffs – be counted, and that the secretary of state and the office of registrars implement procedures in order to prevent such a situation from occurring again.

Catherine Meza, senior counsel for the NAACP Legal Defense and Educational Fund, said in a statement that she hoped the lawsuit would “restore to our plaintiffs the voice” all citizens have when they cast ballots.

“Nothing is more fundamental than the right to vote, and these students, despite complying with all of Alabama’s regulations, were denied that right,” Meza said.

The plaintiffs say they lived in the campus dorms at AAMU and registered to vote in mid-October. Jackson registered to vote around Oct. 14, for example.

The lawsuit notes that AAMU is a historically black college in a county that is 68 percent white.

“Furthermore, of the black registered voters in Madison County, 70.5 percent are 18-21 years old—college age,” suit said.

There are 268,456 registered voters in the county, according to the board of registrars.

Heading into the midterm elections, over 1,000 voter registration forms from AAMU arrived at the board.

“During the weeks preceding the November 2018 election, many AAMU students experienced barriers to registering to vote, which, on information and belief, are attributable to defendants’ actions,” the complaint states. “These included unjustified rejections or delayed processing of students’ voter registration applications and students being placed on inactive status for improper reasons.”

The lawsuit claims a voter registration drive at the University of Alabama at Huntsville – a predominantly white school – did not face similar problems.

As the weeks wound down to the midterm, the students say they heard nothing about the status of their voter registration, including whether there were any problems with the paperwork.

But the day after the election – when Alabamians learned that they had re-elected Kay Ivey as their governor and that Democrats nationwide had taken the U.S. House of Representatives – the four students named in the lawsuit say they found that they were actually on the voting rolls.

Meza, of the NAACP LDF, did not immediately respond Friday afternoon to a request for comment. Neither did Hairston, chair of the board of registers, nor a spokesperson for Secretary of State Merrill.

Indiana State Police Impound All Voting Records after Young Asian Man Defeats Racist Suspect Incumbent Republican Hal Slager in 15th House District

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From [HERE] and [HERE] Democratic Party leaders were dismayed Saturday over a GOP move to contest Democrat Chris Chyung's 86-vote victory Tuesday over state Rep. Hal Slager in the 15th House District after state police impounded voting records late Friday.

Michelle Fajman, county election director, said Friday night she received a call at 7 p.m. from state police stating they were serving an impound order issued by the Indiana Recount Commission.

Fajman said about five state police troopers were given access for several hours Friday evening at the Lake County Government Center to impound the materials. 

Slager confirmed to The Times late Friday night he had requested the impound order through the Indiana Recount Commission. 

"We have to get control of the records and evaluate whether it goes to a recount or not," Slager said.  Slager would not commit to whether he'd request a recount.

Chris Chyung, a 25-year-old Democrat from Dyer and political newcomer, said he was warned Friday night by the Democratic House Caucus of the commission's order.

Chyung expressed confidence early Saturday in the voting process. "We are not Porter County. We know how to count ballots, so I trust the election division did their job."

Chyung outpolled Slager 12,473 to 12,387, according to final, unofficial totals.

The Indiana secretary of state's office released a copy of the Indiana Recount Commission's impoundment order Saturday.

The document, dated 7:02 p.m. Friday, calls on state police to secure all ballots and voting systems, tally and canvas sheets, poll lists and electronic poll booths used in Tuesday's general election in all of the dozens of precincts in the 15th House District.

The district covers all of Dyer and Schererville, most of St. John and parts of Griffith.

James Wieser, the Lake County Democratic chairman, questioned why the Republican-controlled Indiana Recount Commission abruptly ordered the impoundment.

"Given their past practices of suppressing voter participation, I believe (Republicans) will use any means legal or otherwise. They were shocked by this election's outcome and they don't want the voice of the people heard," Wieser said.

John Bushemi, a former state senator, a Democratic precinct committeeman and recount attorney, warned Saturday, "Republicans are attempting to steal this election and turn a young public servant away."

Bushemi said he fears a repeat of the 1994-1995 recount that transformed a 54-vote victory for Democratic state Sen. Frank Mrvan into a three-vote loss to Republican Sandra Dempsey.

Bushemi, who was involved in that recount 24 years ago, said he expects any contest of Chyung's victory will center on absentee paper ballots cast in the race. Final unofficial result indicate Chyung received 242 more votes from absentee ballots than Slager.

The secretary of state's office said the Indiana Recount Commission is tentatively scheduled to meet again Nov. 29. The three members of the Indiana Recount Commission are: Secretary of State Connie Lawson, a Republican; Matt Huckleby, a Republican and Michael Clayton, a Democrat.

To Foster More Lawlessness by Cops Against Black People Racist Jeff Sessions Moved to Limit Federal Oversight of Local Police in One of his Final Acts as AG

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From [HERE] The U.S. Department of Justice has moved to sharply curtail federal authority aimed at curtailing abuse and civil rights violations at local police departments across the country by directing U.S. attorneys to limit the use of consent decrees and settlement agreements.

Attorney General Jeff Sessions, in one of his final acts before President Donald Trump ousted him, said the Justice Department could investigate alleged legal violations but that "special caution" was required before resolving any disputes with states or local entities, the department said late Thursday.

Sessions has long opposed consent decrees between the Justice Department and police departments in cities such as Chicago and Baltimore to institute reforms, which were heavily utilized in the Obama administration, and sought to delay or overturn them.

Sessions had ordered a sweeping review of the decrees nationwide, alarming civil rights advocates who saw them as ways to address alleged unlawful police stops, excessive force and other violations, especially toward blacks and other minorities.

Advocates criticized Sessions' departing order, saying the new procedures will make it more difficult to ensure that law enforcement and other entities such as schools and companies uphold an individual's constitutional rights.

"This move is a slap in the face to the dedicated career staff of the department who work tirelessly to enforce our nation's civil rights laws," Vanita Gupta, head of the Leadership Conference on Civil and Human Rights, an advocacy group, said in a statement.

Sessions in a notice issued before his departure said such agreements would be appropriate only in "limited circumstances," and must be narrowly tailored to address specific injuries from an alleged violation, not more sweeping police reforms.

In the memo dated Wednesday and released late Thursday Sessions said the new requirements would include limitations on how long a consent decree could last and prohibitions against their use "to achieve general policy goals," among other curbs.

Agreements must also be reviewed by senior Justice Department officials, he wrote.

Trump named Matthew Whitaker, Sessions' chief of staff, as acting attorney general. Trump said he would soon nominate a permanent replacement for review by the Senate.

Judge Sentences [rewards] White Baltimore Cop to Community Service after Finding Him Guilty of Manipulating Bodycam Video to Fabricate Evidence Used to Detain & Prosecute Black Man

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From [HERE] A Baltimore police officer on Friday was found guilty of misconduct and fabricating evidence nearly a year after body-camera video was released showing him putting narcotics in a discarded soup can and then acting like he just stumbled upon the drugs.

The video was turned over to defense attorneys as part of the usual discovery process. Pinheiro apparently did not realize that the agency's body cams retain footage 30 seconds before an officer presses the record button. His body camera captured both him hiding the drugs and then finding them. 

The video has no sound and shows the officer placing a soup can, which holds a plastic bag, into a trash-strewn lot. That portion of the footage was recorded automatically, before the officer activated the camera. After placing the can, the officer walks to the street, and flips his camera on.

The audio then begins once the officer's fingers are seen in the camera lens and he walks down an alley to a sidewalk. "I'm gonna go check here," Pinheiro tells the other two officers as he returns to the lot, picks through some trash and then appears to discover the soup can, pulling out a baggie with white capsules. "Hold up," he says.

Police cameras have a feature that saves the 30 seconds of video before activation, but without audio. When the officer is first in the alley, there is no audio for the first 30 seconds.

The video led prosecutors to drop the felony drug case against a Black man who had been jailed for nearly six months. As a result of the discovery along with two other cops who had also manipulated video more than thirty other were dismissed

Richard Pinheiro Jr. asserted that he'd forgotten to turn his body camera on at first so he decided to re-create his discovery of a baggie of heroin capsules stuffed inside a can in a weed-choked alley.

"I had no intent to deceive anyone. I truly didn't," Pinheiro said to Baltimore Circuit Judge Melissa Phinn at the close of his trial.

Saying she did not feel "jail time is appropriate in this case," Phinn sentenced him to a three-year suspended sentence with two years of supervised probation. He must also perform 300 hours of community service.

The maximum penalty for fabricating evidence, a misdemeanor, is three years in prison.

After the Public Defender's office released the video, then-Police Commissioner Kevin Davis suspended Pinheiro's police powers. But he cautioned against a rush to judgment, suggesting that it may have been a re-enactment of a crime scene, even if that was "inconsistent" with proper police work. Later, when drug cases across the city fell apart, he clarified that re-enactments are against policy.

The case led to Baltimore's force changing policy to mandate that officers keep their cameras on from the beginning of an event until that event is concluded and they have left the scene.

Baltimore is under a federal consent decree to reform its police department after the U.S. Justice Department discovered longstanding patterns of excessive force, unlawful arrests and discriminatory police practices.

Arraignment Held for Millville Race Soldier Charged with 24 Counts of Using Excessive Force, Aggravated Assault & 10 Counts of Falsifying Evidence, Public Records in Arrests of Black Suspects

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From [HERE] and [MORE] A South Jersey police officer indicted on charges that he brutally assaulted several suspects, including throwing a 62-year-old man to the ground, entered a not-guilty plea during his arraignment Friday morning.

Millville officer Jeffrey E. Profitt, 39, is accused of using excessive force in five arrests described in the 24-count indictment issued last month. He's also accused of filing false reports about 10 arrests he made between 2013 and 2016.

Profitt was originally indicted last year on charges that he threw the 62-year-old  onto a concrete floor face-first during a 2016 arrest, causing injuries that required three hours of surgery. An EMT who witnessed the alleged incident described the man's face hitting the floor like "a pumpkin smashing."

The man required three hours of surgery to repair facial fractures. In the meantime, Profitt laundered his uniform to get rid of blood evidence, prosecutors allege.

Prosecutors claimed Profitt misled superior officers about the extent of the man's injuries, describing it as a mere nosebleed.

That previous eight-count indictment was expanded to add charges in other cases, including a 2015 arrest in which he allegedly threw a man face-first onto a stone driveway and another case in which he is accused of throwing a man face-first onto large landscaping rocks outside of a Millville restaurant.

Profitt, represented by defense attorney Anthony M. Imbesi, did not speak during the Friday hearing.

First Assistant Prosecutor Harold Shapiro outlined the charges against the officer, including multiple counts of official misconduct, aggravated assault, endangering another person, terroristic threats, tampering with physical evidence, tampering with records and obstructing the administration of law.

Prosecutors allege Profitt failed to file "truthful, accurate and complete" reports about the five arrests for which he is accused of using excessive force, and five other cases.

One of the alleged crimes resulted in a lawsuit.

Kenneth Harden sued last year, alleging that Profitt assaulted him during a traffic stop in 2015.

Harden claimed he tried to run from Profitt after the officer punched him several times, but stopped when Profitt drew his gun. Profitt then tried to force his gun into Harden's mouth before pistol-whipping the man, Harden alleged.

Profitt joined the Millville department in 2012 and is currently suspended without pay pending the outcome of the case.

He remains free pending his next court appearance, which is Jan. 14, 2019.

White Camden Cop Caught on Video Punching Latino Man in the Head 12 Times & then Joking About It Indicted on Civil Rights Crimes & Falsifying Reports

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From [HERE] and [HERE] A federal grand jury has indicted a Camden County police officer who was caught on video punching a man 12 times in the head after stopping him on a Camden street in February.

The U.S. Attorney's Office announced Friday that a grand jury found evidence that Officer Nicholas Romantino, 25, of Egg Harbor Township, violated Edward Minguela's civil rights by repeatedly punching him in the head and then falsified a police report to cover up the assault.

The indictment against Romantino comes more than six months after the Camden County Prosecutor's Office announced he would not be charged with a crime because body camera videos showed Minguela was resisting arrest by pulling away from officers.

The office has also ignored calls from a civil rights lawyer to drop the obstruction and resisting arrest charges against Minguela, 32, of Camden.

The police department called the surveillance video of the incident "extremely disturbing" and suspended Romantino without pay pending an internal affairs investigation.

On Friday, police spokesman Dan Keashen said only, "We're standing by our previous comments regarding this incident."

The Feb. 22 incident was sparked by a 911 call reporting a man matching Minguela's description had a gun. What happened next was captured on surveillance video, which Minguela obtained and distributed to the media when he called for an investigation into what happened to him.

Numerous police officers stopped Minguela at gunpoint and he put his hands up, at which point Romantino tried to pull his hands behind his back. According to the U.S. Attorney's Office release, the move "startled" Minguela and he pulled away, causing Romantino to throw him on the ground.

Then Romantino, "without provocation," punched Minguela 12 times in the head while other officers moved to hold his arms and legs, the U.S. Attorney's Office said.

Romantino, in a police report, wrote that Minguela was resisting by putting his left hand under his chest and trying to lift himself off the ground, and added that he could not see Minguela's right hand.

But that report, which tried to justify the use of force, was false, the indictment alleges. Romantino actually held Minguela's left hand while punching the back of his head. Another officer held the man's right arm, the office said.

Romantino can be seen on body camera footage obtained by NJ Advance Media using his right hand to punch Minguela. The officer was later treated at Virtua Hospital for injuries to his right hand.

That same body camera footage showed that Romantino joked about the incident with officers.

While showing his swollen knuckles, a fellow officer says of Minguela, "That guy. He's always giving us a hard time, that guy."

"Not anymore," Romantino quipped, eliciting a few chuckles from his colleagues.

Romantino has been on the force for two years and is paid an annual salary of $38,864, according to records. 

Minguela's attorney said he suffered a concussion and a fractured wrist as a result of the encounter.

Minguela also claims that when police took him to the hospital, they bargained with him that if he declined medical treatment, they would not tack on a charge of assault and battery of a police officer, too.

He agreed, he's said.

The charges against Minguela are still active in municipal court, but his attorney, Devon Jacob of Pennsylvania, said the videos show there is no reasonable cause to support them.

The violation of civil rights count carries a maximum penalty of 10 years in prison. The false records count carries a maximum penalty of 20 years in prison. The maximum fine for each of the charges is $250,000, the U.S. Attorney's Office said.

The office said that special agents of the FBI, under the direction of Special Agent in Charge Michael T. Harpster of the Philadelphia Division, led the investigation with help from the Internal Affairs Unit of the Camden County Police Department and investigators assigned to the Special Prosecution Unit of the Camden County Prosecutor's Office.

Jury Finds Angola Prison Major Guilty for Beating & Stomping Shackled, Handcuffed Black Man Along with 3 Other White Cops in Conspiracy & Cover-up

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From [HERE] and [MORE] Daniel Davis, 41, a former Major at Louisiana State Penitentiary (LSP) in Angola, Louisiana, was found guilty by a jury today in federal court for beating an inmate who was handcuffed, shackled, and not resisting. In a previous trial in January, Major Davis was convicted of conspiring with other officers to cover up the beating by devising a false cover story, submitting false reports documenting that cover story, tampering with witnesses, and lying under oath.Four other officers also pleaded guilty for their roles in the beating and attempt to cover it up.

Four other officers—former Captains James Savoy, John Sanders, and Scotty Kennedy, and former Sergeant Willie Thomas—have all previously pleaded guilty for their roles in the beating and cover up. At Davis’s trial, Captains Sanders and Kennedy testified for the government and described the abuse and the extensive cover up.

After hearing testimony over the course of three days, the jury convicted Davis of willfully depriving the inmate of his right to be free from cruel and unusual punishment. The evidence showed that Davis initiated the beating by yanking the inmate’s leg chains, causing the inmate to fall face-first onto the concrete breezeway. At that point, Davis and the other officers punched, kicked, and stomped on the inmate, leaving the inmate with a bloody gash under his eye, a dislocated shoulder, broken ribs, and a collapsed lung.

According to the indictment, Major DANIEL DAVIS, Captain JOHN SANDERS and Captain JAMES SAVOY beat an unnamed inmate, who suffered bodily injury as a result.  They repeatedly punched, kicked, and stomped an inmate, causing serious injury including a bloody gash under his eye, a dislocated shoulder, broken ribs, and a collapsed lung,"

The defendants then created a false cover story, asserting that the officers used reasonable force to get the inmate under control after he had gotten out of his cell and fought with officers.  To corroborate that false cover story, members of the conspiracy instructed subordinates to clean up the inmate’s blood before internal investigators could document it, falsified official prison reports and records, ordered subordinates to lie to internal affairs investigators and lied under oath in a federal civil proceeding arising out of the incident. [MORE]

A fourth defendant, former Captain SCOTTY KENNEDY, age 48, of Beebe, Arkansas, pled guilty on Tuesday, November 1, 2016, for his role in the incident. [MORE]

“Mr. Davis abused the justice system by beating an inmate, writing false reports, and using his influence and power as a corrections officer to encourage others to lie,” said Assistant Attorney General Eric Dreiband of the Civil Rights Division.

No date has been set for Davis’s sentencing. He faces a maximum penalty of five years of imprisonment on the conspiracy and perjury counts, 10 years of imprisonment on the excessive force count, and 20 years of imprisonment on each of the remaining obstruction counts.

Long Beach to Approve $925k Settlement: Gang of Cops Unlawfully Stopped Black Man, Beat him with Batons & Put him in Chokeholds before Shocking him with Taser several times

From [HERE] The Long Beach City Council Tuesday, Nov. 13, may approve a $925,000 settlement in a case in which jurors found Long Beach police officers used excessive force while arresting a Long Beach man.

A federal jury in May 2017 awarded $620,000 to then-62-year-old Ray Webb and ruled officers used excessive force when they beat, repeatedly choked and shocked him during an October 2011 racially profiled traffic stop for a broken tail light. As part of the ruling, the court also ruled the city must pay Webb’s attorney fees.

Webb was hospitalized for two days after officers struck him more than 20 times with batons and a flashlight, according to court documents.

The Long Beach police officers involved in the incident were identified as Alejandro Cazares, Julie Lacey Ackerman, Harrison Moore and Tomas Diaz.

The jury found that officers illegally searched his vehicle, ordered him out of the car and proceeded to beat him with flashlights and batons before shocking him with a Taser several times. Webb, who has a heart condition, has suffered a heart attack and experienced severe vision problems since the October 2011 incident, according to the lawsuit.

Mr. Webb was allegedly stopped for a busted taillight. Somehow, police discovered that Mr. Webb's passenger was a probationer and asked both Mr. Webb and passenger to exit the vehicle. Then a search was conducted, which allegedly uncovered drugs. When Mr. Webb was approached by an officer, they accidentally collided, which set off the officer.

"I knew they was upset," Webb, a retired truck driver who has lived in Long Beach for nearly four decades, said in a phone interview on Wednesday. "I seen them coming at me and that told me just to drop."

Webb said he crumpled to the ground and raised his arms to protect himself. The officers then struck him at least 20 times with batons and "heavy-duty flashlights," the complaint said. Webb lost consciousness at least twice during the clash, as officers "took turns" placing him in chokeholds, according to the suit.

"Although at least four officers were present, they made no attempt to communicate with each other, deescalate the situation or even handcuff Plaintiff throughout the assault," according to the lawsuit. "At no time during the encounter was a specific command or an opportunity to comply with any order, lawful or otherwise, ever given to Plaintiff, who was vastly outnumbered, unarmed, made no threats, and struck no one."

Mr. Webb was beaten with batons, flash lights, placed in choke holds, despite providing no indication that he was not willing to comply. The beating lasted for several minutes, with four officers participating, during which Mr. Webb did not fight back. In addition to the beating, Mr. Webb was also charged criminally for the drugs allegedly found in his vehicle.

Webb said that he was kept in a chokehold the entire time and that one officer approached him and began swinging a baton, without a word. As the blows rained down, two officers also took turns choking Webb to the point of unconsciousness, Tiomkin said.

The search of the vehicle was later deemed to be unlawful in violation of the 4th Amendment by a Superior Court judge, according to court records. The judge granted a motion to suppress evidence due to the illegal search. After the drugs were suppressed, the criminal charges against Mr. Webb were dropped.

Even more shocking, of the four officers involved, three are still employed by the department and remain on active patrol duty, and one resigned last year.Sgt. Brad Johnson, a Long Beach police spokesman, said Cazares, Ackerman and Moore remain on duty and assigned to the patrol bureau. Diaz resigned in April 2016 and is no longer employed by the city, according to Johnson, who would not say why.

Johnson declined to comment on Webb's description of events or the verdict. He also declined to say what, if any, discipline the officers faced, citing state law that bars such information from being made public. [MORE]

Kentucky Sheriff’s Office Agrees to $337,000 Settlement after White Cops Cruelly Handcuffed Disabled Black Children in Elementary School

From [HERE] and [HERE] On Thursday, a sheriff’s office in Kentucky has agreed to pay more than $337,000 for the painful and unconstitutional handcuffing of elementary school students with disabilities. The two plaintiffs, both of whom were children of color and both of whom have disabilities, were so small that the deputy sheriff locked the handcuffs around the children’s biceps, forcing their hands behind their backs. 

One of the cuffings was recorded in a video that went viral. The footage of the little boy, identified as “S.R.,” painfully squirming and sobbing in handcuffs drew national media attention and sparked debate over the role of law enforcement officers in schools.

Despite this video, and information that the deputy sheriff had handcuffed several other elementary school children — one as young as five — the Kenton County Sheriff’s Office insisted that the handcuffings were a proper use of force and refused to reconsider its policies. The ACLU, along with the Children’s Law Center and Dinsmore & Shohl, filed suit. In October 2017, a federal district court ruled that the punishment was “an unconstitutional seizure and excessive force.” 

After the handcuffings, both children had repeated nightmares, started bed-wetting, and would not let their mothers out of their sight. Both families left the school district, and moved to areas where their children could receive the treatment and accommodations they needed. 

The settlement comes as the national debate heats up over whether to boost the number of law enforcement officers in schools. The plaintiffs in this case were small children in need of support and understanding. They needed someone who understood the effects of their disability on their behavior and could help them with appropriate accommodations. Law enforcement does not have those tools.  Indeed, the tools they do have — handcuffs, batons, pepper spray, and guns — are particularly inappropriate and harmful in the school environment.

There is no evidence that putting police officers in schools makes children any safer. What we do know is that 1.7 million children attend public schools that have cops but no counselors. Three million students attend schools with law enforcement officers, but no nurses.  And six million students attend schools with law enforcement officers, but no school psychologists. 

The brunt of these staffing choices falls most heavily and students with disabilities — especially students of color with disabilities. Students with disabilities are three times more likely than students without disabilities to be referred to law enforcement. Black girls with disabilities are 3.33 times more likely to be referred to law enforcement, and Black boys with disabilities are 4.58 times more likely to be referred to law enforcement. 

The six-figure settlement is a small victory in the context of all the work that remains. But it highlights the harm of having law enforcement in schools — especially for young students with disabilities.  We hope it will also open the door to more thoughtful discussions of how schools and our country can best support and educate our youth.

Judge Stops Construction of the Keystone XL Oil Pipeline. Trump Granted Permit without Any Public Input or Regard for Native American Treaties, Water Systems, Resources & Historic Properties

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From [HERE] A federal judge in Montana on Thursday granted a temporary injunction bringing an immediate halt to the construction of the $8 billion Keystone XL pipeline project.

Judge Brian Morris ruled in August that the US State Department must conduct a more thorough environmental review of the Keystone XL pipeline project, which was continued in Thursday’s ruling.

Then-president Barack Obama rejected the pipeline in 2015 on climate change grounds, but President Donald Trump gave the project a green light shortly after his inauguration in 2017 via a Presidential Permit. Morris held Thursday that the Trump administration violated the Administrative Procedure Act and National Environmental Policy Act (NEPA) when it restarted the Pipeline construction without producing an updated and thorough environmental impact report.

The court said that the State Department’s analysis of the several environmental issues fell short of the “hard look” the NEPA required. Morris ordered the Department to supplement its 2014 environmental impact report in order to comply with its obligations under NEPA, including publishing:

  • The effects of current oil prices on the viability of Keystone;

  • The cumulative effects of greenhouse gas emissions from the Alberta Clipper expansion and Keystone;

  • A survey of potential cultural resources contained in the 1,038 acres not addressed in the 2014 Report; and

  • An updated modeling of potential oil spills and recommended mitigation measures.

According to the suit,

TransCanada’s permit applications had been denied two previous times, but on January 24, 2017, President Donald J. Trump signed a memorandum “invit[ing] TransCanada . . . to promptly re-submit its application to the Department of State for a Presidential permit for the construction and operation of the Keystone XL Pipeline.” Memorandum: Construction of the Keystone XL Pipeline, 82 Fed. Reg. 8,663, § 2 (Jan. 24, 2017) (“the Memorandum”). Unlike in the two previous permit applications, Defendants initiated no public process or environmental review of any kind for the third permit application.

Despite the lack of any public process and review, on March 23, 2017, the Department of State published its Record of Decision and National Interest Determination (“2017 Decision”). Plaintiffs’ Exhibit A; see 82 Fed. Reg. 16,467 (Apr. 4, 2017). Under Secretary of State for Political Affairs Thomas A. Shannon, Jr., granted TransCanada’s permit application and issued it a presidential permit (“the Permit”).

In granting this third application, Defendants reached the exact opposite conclusion as the previous administration on the very same record, in violation of the Administrative Procedures Act. 5. In granting this third application, there was no analysis of the trust obligation the federal government owes to the Rosebud Sioux Tribe and their unique water system, no analysis of the potential impact of the Pipeline on treaty rights, no analysis of the subpar leak detection system and the potential impact of spills on Rosebud Sioux Tribe’s members, and no analysis of the potential impact on the Rosebud Sioux Tribe’s cultural resources and historic properties in the path of the Pipeline, in violation of the National Environmental Policy Act and the National Historic Preservation Act [MORE]

The court held that the State Department did not violate the Endangered Species Act when it neglected a number of measures and effects, but it did order the Department to consider potential adverse impacts to endangered species from oil spills associated with Keystone in light of the updated data on oil spills and leaks.

Tom Goldtooth, Executive Director for one plaintiff, the Indigenous Environmental Network, said in a press release, “This is a win for Lakota, the Oceti Sakowin and other Tribal Nations, for the water, and for the sacredness of Mother Earth. This decision vindicates what we have been saying all along: Trump’s approval of this pipeline was illegal, violated environmental laws and was based upon fake facts.”