Supremes Consider whether Black Man Can Sue John Ashcroft Personally - Detained for 2 Weeks, Never Charged with Crime

Abdullah al-Kidd, a U.S. citizen, is a onetime University of Idaho football star, born Lavoni T. Kidd. He converted to Islam in college. He was arrested at Dulles International Airport in 2003 as he was boarding a plane for Saudi Arabia, where he planned to study.

The government persuaded a federal judge to issue a warrant for Kidd's arrest by saying he was necessary to the investigation of Sami Omar al-Hussayen, who was eventually indicted on charges of supporting terrorism. Kidd was never called to testify against Hussayen, who was acquitted of the most serious charges against him.

Kidd maintains that in his more than two weeks of detention, he was strip-searched, shackled, interrogated without an attorney present and treated as a terrorist.

Even though Wednesday's argument was limited to the question of whether Ashcroft had immunity, Justice Ruth Bader Ginsburg took note of Kidd's allegations.

"There are allegations here that this man was kept awake, the lights shining in his cell for 24 hours, kept without clothes," Ginsburg said. "Now that doesn't sound like the way one would treat someone whose testimony you want."

 

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20 Years Ago Today the LAPD Beat Rodney King

From [HERE] and [VIDEO HERE] [full version HEREand [HERE The 20th anniversary of the videotaped Rodney King beating is Thursday, March 3, 2011. Here is a timeline of events around the day:

March 3, 1991: Rodney King beaten. Just after midnight March 3, 1991, Rodney King was speeding on the 210 freeway in Los Angeles when a police officer started pursuing him. After King led them on a high-speed chase, he was pulled out of his car. Nearby resident George Holliday videotaped four white officers beating King, who is black. Holliday sold the tape to a local television station and the videotape stunned the nation a day later after CNN aired the footage.

March 5, 1991: Officers arrested. Two days after the beating, Sgt.Stacey Koon, Officer Laurence Powell, Officer Timothy Wind and Officer Theodore Briseno were arrested. They were charged with assault and using excessive force.

March 5, 1992: Trial begins. The prosecution made opening statements a year later in the state trial of the four officers in Simi Valley, Calif. They entered pleas of not guilty after they were arraigned on charges soon after the incident.

March 17, 1992: Prosecution rests. The prosecution rested its case just two weeks into the trial. Midway through testimony of the defendants, prosecutors begin to realize they might lose the case as they relied too much upon videotaped evidence.

April 29, 1992: Verdicts rendered. Judge Stanley Weisberg read the verdict the jury had reached -- all four officers were acquitted and not guilty. Shortly thereafter, massive riots broke out, resulting in the deaths of 53 people and $1 billion in damage to the city. [MORE

May 1, 1992: King appeals to rioters. King made an appeal to rioters in Los Angeles on television, asking "Can't we all get along?" A day later, U.S. Marines were called in to maintain order after the Los Angeles Police Department was overrun. The riots quieted down after the troops entered the city.[MORE

Feb. 25, 1993: Civil rights trial starts. The four officers had a federal civil rights trial in Los Angeles. Separate from the original state trial, federal prosecutors alleged the beating was racially motivated, which prompted the lawsuit.

April 16, 1993: Two guilty, two acquitted. Powell and Koon are convicted of civil rights violations and spend 30 months in federal prison. Briseno and Wind are acquitted. No riots were reported after this new trial.

April 19, 1994: King awarded damages. After a civil trial in which King sued the city of Los Angeles for damages, a jury awarded him $3.8 million. In another civil trial against the four officers, a jury gave King no money after he asked for $15 million.

December 1995: Officers released. The two officers who spent time in federal prison were released after fulfilling their entire sentences. Powell and Koon did not work for law enforcement again.

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Despite Video, Seattle Police Conclude that Officer Did Not Stomp Latino Man

 
  • This incident should not be confused with the Seattle Police stomping of a Black man captured on video in October - which recently surfaced [HERE
  • Black Teen Talks About His Case Of Alleged Police Brutality Caught On Tape [HERE

 From [HERE] SEATTLE - After a video of two Seattle police officers stomping on a Latino man hit the airwaves last May, there was widespread agreement that Officer Shandy Cobane crossed the line with his racially charged language. Chief John Diaz denounced Cobane's words. Internal investigators have told the chief that Cobane should be disciplined for misconduct for what he said - his use of derogatory language and profanity - but not for what he did - stomping on the suspect as the suspect lay on the ground. (Officer Shandy Cobane said "Im gonna beat the fucking Mexican piss out of you, homey, you feel me" - as he conducted his police work - Spook). 

Internal investigations had an outside forensic expert review the video close-up, sources say.  The conclusion was that Cobane did not strike the suspect's head. Instead, it appeared Cobane was trying to keep the man, who was later released without charges, from moving his arms in case he had a weapon

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Passenger says Henry Complied with Orders - Mount Pleasant (NY) Police Fatally Shoot Unarmed Black College Student

From [HERE] HORNWOOD — Pace University football player Danroy "D.J." Henry braked to a near-stop after seeing Pleasantville Officer Aaron Hess in front of his car, then sped up and struck him — but only after the cop opened fire, the front-seat passenger told The Journal News today.

Passenger Brandon Cox gave his most detailed public account of the shooting a day after another eyewitness — a bar owner who had been standing next to Hess — said the officer shot only after he was hit by the car and clinging to the hood.

"As we were coming around a corner, I saw the officer run from behind a parked cruiser," Cox said. "He ran out at us with his gun raised and pointed at the vehicle. As he came in front of the car, D.J. began to slow down." As Henry was slowing down, Cox said, Hess fired.

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Civil Trial Continues for Enraged PG County (MD) Cop who Beat Unarmed Latino Man to Death

Officer Jackson, 27, has not been criminally charged in the death of Espina, who was 43.  Jackson fatally shot Espina on the afternoon of Aug. 16, 2008.

According to four plaintiff's witnesses, Jackson beat Espina, whom the officer outweighed by about 30 pounds, with his fists and metal police baton down two flights of stairs and into a basement apartment. Espina never resisted, the witnesses said.

Inside the apartment, the witnesses said, Jackson continued to beat Espina with his baton even though the man's eyes were closed and filling with blood, Manuel de Jesus Espina Jacome, the son of Espina, testified Monday.

Espina Jacome testified that he pushed his father onto a sofa to try to save him. As Espina struggled to his feet, Espina Jacome testified, Jackson stepped toward him, took out his gun, and fired a single shot into the man's torso. Espina Jacome's testimony is consistent with an account provided earlier in the trial by Elvia Rivera, an eyewitness to the shooting who lived in the apartment.

 

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NYC Jury Doesn’t Indict Latino Man in Police Shooting

Weak NYC Prosecutors also Decline to File Crminal Charges for Officers in Harlem Shooting [MORE

From [HERE] A special grand jury in Manhattan has declined to indict a man at the center of a chaotic police-shooting case in Harlem last summer in which police officers who were breaking up a block party ended up firing 46 bullets, several of them striking the man.

After a Manhattan prosecutor announced the grand jury’s decision in court on Wednesday, a judge ordered that the man, Angel Alvarez, be released immediately, ending his six months in custody. The judge’s words were immediately met with a burst of emotion from the man’s friends and family in the courtroom gallery.

Mr. Alvarez, 24, was arrested last August after getting into a fight with another man, Luis Soto, in Harlem. The police accused Mr. Alvarez of shooting at them as they converged on the fight. Four officers fired a total of 46 rounds, leaving Mr. Alvarez with 23 gunshot wounds. Mr. Soto was killed; ballistic tests indicated that the fatal bullet was probably fired by the police.

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Denver Refuses to Release Video of Black Man Beaten to Death by Deputies at Jail

DENVER (CBS4)- The family of Marvin Booker plans on suing the city of Denver. Booker, 56, was a street preacher when he died in the summer of 2010 while being subdued by deputies at the new jail in Denver.

The lawsuit will be filed in Denver District Court. It claims the city’s five individual sheriff’s deputies were involved in a conspiracy to use excessive force on Booker. The suit also claims his death was a foreseeable product of a culture of brutality.

Booker was retrieving his shoes when he was subdued by five deputies. It happened in the booking area after he disobeyed an order to go to a cell. Booker was placed in a headlock, sat on by deputies and shocked with a taser. The family has called for the video to be released. City officials said the video would not be released until the investigation is complete.Marvin’s death was ruled a homicide by the coroner, but no criminal charges were filed by the district attorney.

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One Size Fits All: Cops Increasingly Use DUI Arrest Reports…Written Before the Arrest

From [HERE] I’ve commented in past posts that it is becoming an increasingly common practice for police officers to simply use form or template arrest reports in drunk driving cases — what I have referred to in my books as "xeroxed" reports.  See Police Using Pre-Written DUI Reports.  In other words, rather than going to all the "trouble" of writing a report of the actual investigation and arrest, cops are using pre-written reports — and then changing a few details to fit the defendant.

This is bad enough, as the reports are supposedly signed under oath and subject to perjury charges.  But it becomes particularly serious when you realize that very few officers can remember the details of a given case when testifying months later.  In almost all cases, the officers read their own reports before taking the stand — and then testify essentially to what they read in the report.  And in DUI cases, they are increasingly testifying based upon a fictional "xeroxed" case.

For example, California attorney Jon W. Woolsey got a court order requiring the California Highway Patrol to turn over any templates or forms used by the officer who arrested his client for DUI.  The following is the template that was used:

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Judge: Miami Police Officer who Shot Unarmed Black Man in the Back Violated his Constitutional Rights

The incident that sparked the lawsuit happened in June 2005, when McKinnon and her partner, Guipson Balthazar, followed Morris into the 18th Avenue Market in Liberty City after they noticed he was driving a stolen car. The judge’s ruling says the plaintiff and defendant version of events do not differ “in any material way.”

According to the judge, once the officers entered the market they found Morris behind some boxes in the back of the store and ordered him to the ground. As Balthazar stood over him in an attempt to handcuff Morris, Morris, who was unarmed, jerked his back. Balthazar used his foot to force Morris back to the ground.

But the move alarmed McKinnon, who suddenly fired her Taser at Morris – missing him and inadvertently hitting Balthazar in the leg. When Balthazar stumbled backward, Morris got up and ran toward the door, bumping into McKinnon, who fell to the ground. From a seated position on the floor, McKinnon fired twice at Morris before he was able to leave the store, hitting him in the elbow and killing him with a shot to the back.

 

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Georgia Prison Guards Arrested for Retaliatory Beating of Two Black Inmates

From [HERE] and [MORE] Last Monday seven Georgia prison guards were arrested for their involvement in the December  beating of Terrance Dean and Miguel Jackson prisoners in Macon State Prison after a highly publicized prison strike.

Christopher Hall, Ronald Lach, Derrick Wimbrush, Willie Redden, Darren Douglas Griffin, Kerry Bolden and Delton Rushin were each charged with aggravated battery and violation of oath of office, Atlanta’s WALB reported. Their arrests were the result of an inquiry done by the Georgia Bureau of Investigations at the request of the Department of Corrections. A coalition of prisoner rights advocates and allies demanded the GBI investigate the case earlier this year after they heard reports of retalitatory violence against prisoners.

According to advocacy group, the Concerned Coalition to Respect Prisoners' Rights -- inmates Terrance Bryant Dean and  Miguel Jackson were "brutally beaten by guards" because they joined protests after the prison system banned tobacco. The protest started Dec. 9 and ended Dec. 15. The alleged attack was on Dec. 10. The list of grievances grew to include no pay for their prison work jobs and the quality of food and medical care.

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Caught on tape: Lansing Police talk about stealing man’s property after finding small bag of herb

  • Police Stole flat screen TV, a DVD player, two computers

From [HERE] See Video report [HERE] Police officers in Lansing, Michigan are in hot water after an investigative report by local ABC News affiliate WXYZ.

According to the report's source, officers with the OMNI Drug Task Force executed a search warrant on the home of Rudy Simpson in June 2008, and found a small bag of marijuana and half a pain pill that he'd been prescribed. While talking about what they should do, officers began to eye the expensive recording equipment around Simpson's home, ultimately deciding that they could very well take everything if they wanted thanks to the drugs they'd found.

What they didn't realize is that when they raided the home, Simpson and friends were in the middle of a recording session, and the microphones were live.

"Basically what I heard them talking about is what equipment, what materialistic stuff could they take out of my house," he told the ABC

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Courageous Black Councilwoman (Houston) in Trouble for Informing Public to Never Talk to the Police

From [HERE] The city's Office of Inspector General is looking into a card distributed at a recent forum on police brutality in which City Councilwoman Jolanda Jones advises people never to speak with police.

"I would absolutely be concerned about anyone who would do anything to discourage citizens from speaking to police officers," Mayor Annise Parker said after Wednesday's City Council meeting. "That would be certain members of council who have put out written statements saying that citizens should never talk to police officers under any circumstances." (This is the same Mayor who said she hid the video tape of the Houston Police beat down of Chad Holley to insure the officers would have a fair trial [HERE

The card's advice for encounters with police at home includes the directive: "NEVER speak with the police. You have a 5th Amendment right to remain silent. Use it! Ask for & contact your lawyer." In another section, the card states: "If it is meant for you to speak with the police, do so ONLY after you speak with your lawyer and he/she gives you permission."

Jones, a criminal defense lawyer, said the card is a quick legal reference to remind people of their Fifth Amendment right against self-incrimination, not a call to refuse to cooperate with police. She said she has passed out a version of the card for years, even before her election to the council in 2007.

"Are they saying that they're disappointed that I'm telling people their constitutional rights?" Jones asked. "It's a public service. Me being on the council does not trump the Constitution."

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Black Man who Suffered Stroke and Brain Damage Suing Atlanta Police for Beating after Traffic Stop

From [HERE] ATLANTA -- A truck driver who says he suffered a stroke after Atlanta police officers used excessive force on him plans to take legal action. Derek Holmes put the city of Atlanta and its Police Department on notice that a lawsuit is in the works. He said officers snatched him from his car and his head hit the concrete as he pulled into a southwest Atlanta gas station at University Avenue and Pryor Road in January.

"I have severe brain damage right now," Holmes told Channel 2’s Tom Jones. "I was snatched out of the car and slammed to the ground. My head banged to the ground." He said when his head hit the ground, he suffered a massive stroke. "I stayed in ICU for four days," Holmes said.

 

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Family of Autistic Arabic Man Fatally Shot by LAPD awarded $1.7m - Police acted 'reckless, oppressive, malicious'

The family of an autistic Pakistani American man fatally shot by an LA Police Department (LAPD) 3 years ago, was awarded $1.7 million by a federal jury on January 26.

Mohammad Usman Chaudhry, 21, was shot four times by Joseph Cruz on March 2008. He was shot after Chaudhry was discovered lying on the ground of an apartment complex in Hollywood. Three of the bullets hit Chaudhry, in the chest.

His attorney said, “in light of the findings of the jury on the facts of this case, I hope Mayor Villaraigosa would apologise to the Chaudhry family on behalf of the city, accept the verdict and not put the family through further trauma over the loss of their son,” he said. “If the city doesn’t, they’ll just be spending more taxpayer money to defend a dishonest cop.”

The City Attorney’s office, declined to comment on the verdict or whether the city would appeal. Peter J Ferguson, who represented Cruz, could not be reached immediately for comment.

The award punctuates the awkward role the city played in the case. After the shooting, the LAPD fired Cruz for dishonesty in an unrelated case. At the time, lawyers for the city argued that Cruz had destroyed his credibility.

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Brand New Video Shows Seattle Police Officer stomping on Black Man

From [HERE] SEATTLE – New video has been released of alleged excessive force by a Seattle Police officer. It's the same undercover officer who is facing a criminal investigation for kicking a teenager in a convenience store last year. Both videos were recorded on Oct. 18, 2010.

The first video, which was released months ago, shows Officer James Lee kicking a 17-year-old suspect inside Joe's Mart during a drug raid in the Belltown neighborhood.

The new video, taken from a police car dash-cam, shows Officer Lee after he leaves the convenience store. Lee is seen standing over a different suspect. As two uniformed officers begin to put on handcuffs, Lee stomps on the suspect's head. The suspect is 20-year-old Darius Yearby, one of four young men arrested that night and charged with attempted robbery. Seattle NAACP President James Bible, who is representing Yearby as his attorney, would not comment on the video Thursday.
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Dallas Police Officer Fired for Beating Defenseless Black Man - Another Suspended for Making False Report

From [HERE] See Video [HERE] It looks like the Dallas police force is actually willing to police itself. Chief David Brown has fired officer Quaitemes Williams after he used excessive force against a suspect.

Williams went into a rage after suspect Rodarick Dasean Lyles resisted arrest and subsequently fell on the officer's arm. After Lyles was handcuffed, Williams sprayed mace in his face and kicked him in the head.

All this happened after Dallas police officer Hiram Soler stopped Lyles because the license plates did not match the vehicle he was driving. Not long after, Williams and another officer, Edward Cruz-Done, arrived on the scene.

It was then that they tried to arrest the suspect, who chief Brown called "a big man." Soler used a stun gun on Lyles in order to subdue him and cuff him. Williams hit him with his flashlight, and Cruz-Done took it away from him. After he was cuffed, Williams saw the opportunity to mace him in the face and kick him in the head.

Other officers had arrived on the scene, one of whom was Rickey Upshaw, who saw Williams commit the excessive force. At several points, he says, officers tried to get him to calm down, to no avail. Upshaw described Williams as "extremely angry and out of control."

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Congresswoman Asks Justice Department to Investigate Miami Police Shootings of Unarmed Black Men

MIAMI (AP) -- A congresswoman wants the Justice Department to investigate the Miami Police Department and its use of deadly force in the shooting deaths of seven black men since July. Six of the men were killed by police (pictured above). 

U.S. Rep. Frederica Wilson, D-Fla., wrote Attorney General Eric Holder on Thursday to ask for a federal investigation. Wilson says only the federal government has the resources and independence to give "close, objective scrutiny" to the deaths. All but two of the men were armed when they were shot by police. The State Attorney's office is investigating.

A spokeswoman says the Justice Department is reviewing Wilson's letter.

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Unarmed Black Man shot by Miami Police says he’ll sue

Attorneys for Kareem Williams, who was injured in a police shooting Feb. 11, said Saturday they have filed a notice of intent to sue the city of Miami, Miami Police Chief Miguel Exposito and the officers involved. Another man, Travis McNeil, was killed in the shooting.

The Cochran Firm and the Amarantos Legal Team are representing Williams, who was shot three times after police pulled over the vehicle in which he was riding and fired inside the car. McNeil, the driver, was killed at the scene.

McNeil and Williams were pulled over at the intersection of 75th Street and North Miami Avenue because they were driving “erratically” and ran a traffic light, police said. They had just left Little River’s Take One Cocktail Lounge in North Miami Beach. Miami police detective Reinaldo Goyo, who is part of the department’s gang unit, ordered McNeil, who was driving, to show his hands. Other officers then heard Goyo say, “Don’t do it, don’t do it,” before he fired a volley of shots, the sources said. No weapons were found. 

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Oscar Walden Loses Suit Against Chicago Police for Torture Leading to False Confession

The accused were dead; so too was the rape victim. All the city had left to defend itself against a nearly 60-year-old allegation of police brutality were decades-old court transcripts that were read in court by actors.

Still, on Wednesday, a federal jury found in the city's favor, rejecting a 79-year-old African-American man's civil rights lawsuit contending that he was beaten and physically threatened into confessing that he raped a white woman on the South Side in 1951.

Attorneys for Oscar Walden Jr. sought $15 million in the extraordinary lawsuit, which made it to trial so many decades following the alleged abuse — despite the usual statute of limitations — after then-Gov. George Ryan granted Walden a pardon in 2002.

Walden, now a minister, testified over two days, recounting an interrogation that he said included threats that he'd be strung up in his cell with a rope if he didn't confess. Experts testified that the Chicago police routinely coerced confessions from African-American men in the 1950s.

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Latino Man wins Police Brutality Suit Against Forest Park (Ill) Police

According to court documents and conversations with Yassaro, Santana said he was beat up by several officers in a "gangway" near his mother's home. Yassaro said Santana had "yelled" at the officers.

According to the first complaint, filed in 2006 by Santana's former attorney, Blake Horwitz, who has represented other clients alleging brutality at the hands of the Forest Park Police Dept., Santana suffered "a multiple blunt head trauma and contusions of the eye, chest and wrist." Accusations against three of the officers named in the complaint were later dropped.

"There was plenty of evidence to put those officers in the gangway where my client was beaten," Yassaro said. "We basically decided to submit to the jury what we thought to be the strongest points."

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