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Police Misconduct


Overview

Few community events are more divisive than an instance of perceived police misconduct and a lack of adequate governmental response, particularly when race or ethnicity is an issue. Egregious examples such as the police chase and beating of Los Angeles motorist Rodney King or the shooting of Amadou Diallo in New York City are rare, but polarizing. Swift governmental response is a necessity to shore up police-community tensions, begin to restore trust, and to understand what went wrong and how to avoid it in the future. Human rights commissions have the potential to play a central role in this response.

The Executive Session is tracing the activities of human rights commissions in several communities dealing with the aftermath of excessive use of force or misuse of power by police.

Columbus, Ohio Excessive Use of Police Force Case Study:
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One of the Executive Session's first projects traces the aftermath of the 2005 fatal shooting by police of a mentally ill Somali man living in Columbus, Ohio. Columbus is home to a large population of Somalis, more than 40,000, who fled their war-torn homeland and came to the United States as legal residents with refugee status.

In December 2005, Franklin County deputy sheriffs arrived at the residence of 23-year old Nasir Abdi, pursuant to a court order, to escort him to a psychiatric hospital where he was to receive medications. The deputies, fearing Abdi was drawing a knife, shot and killed him. Following the shooting, hundreds of members of the Somali community protested at City Hall, outraged that non-lethal means were not used to handle the situation.

The Columbus Community Relations Commission responded by implementing a protocol it devised to intervene when police conduct leads to community unrest and protest. The approach employs swift formation of a Community Intervention Team (CIT), made up of community members selected by representatives of the aggrieved group or community. The CIT then meets with representatives of the police agencies involved. The end goal is to restore trust between the community and police that was breached by the particular event.

In this case, leaders of the local Somali community appointed to the CIT met with representatives of the Sheriff's Department, FBI, Ohio Highway Patrol, Ohio Homeland Security Office and police chiefs from area townships that have large Somali populations. The Commission facilitated the meetings. Early on, discussions shifted away from specifics of the death of Mr. Abdi because his family filed a wrongful death lawsuit against the Sheriff's Department. The conversations became more general, examining persistent misunderstandings between law enforcement and the Somali community. The CIT format provided a forum to promote understanding about law enforcement tactics among Somalis and about Somali culture among police personnel

The CIT process culminated in a formal, signed agreement between representatives of the Somali and law enforcement communities, to be monitored by the Commission. The case study examines how the Commission facilitated community healing, how it will encourage further reform, and how it will measure the effectiveness of the responses to the incident overall.


New Orleans Excessive Use of Force Case Study:

A second case study focuses on the response led by the New Orleans Human Relations Commission to complaints about police treatment of young black men that surfaced following the December 2004 death of Levon Jones. Mr. Jones was an African American college student killed on New Years Eve by Bourbon Street bouncers using physical restraints. The Human Relations Commission held public hearings and conducted a "secret shopper" investigation that documented pervasive discrimination against African American males by businesses along Bourbon Street. Community complaints about the bouncers were accompanied by equally strong complaints about police treatment of young black men in the area. To confront these problems, the Commission sponsored training for more than 850 bartenders and bouncers, in partnership with local police and the U.S. Department of Justice.

Just as progress was being made on community-merchant-police relations, New Orleans was ravaged by Hurricane Katrina, interrupting efforts to press forward. Interested in creating a police review mechanism but now faced with strict budgetary limitations, the City of New Orleans in 2006 announced creation of a volunteer community police oversight group. The case study examines the pros and cons of the model and explores whether the community perceptions about the treatment of young black men by police improved, both before Katrina hit and since.


Greensboro, North Carolina Police Complaints Review:

Currently in Greensboro, it is the responsibility of the Police Department's Internal Affairs Bureau to investigate citizen complaints over police conduct. A committee of the Human Rights Commission serves as an appeals body for citizens who are dissatisfied with the results of an Internal Affairs finding. Despite commitment by commissioners serving on the committee, the model is not viewed as strong. City leaders suspect that many citizens are reluctant to file complaints due to a lack of confidence in the overall system. This project involves members of the Executive Session with city officials, the police department, the Human Relations Department and Commission, and Greensboro citizens to develop a police complaint review model that the public, particularly African American citizens, will view as credible.

Various factors contribute to the current distrust, including sloppy record keeping of complaints filed, limited public awareness of the process and a perception that the Commission, which has no subpoena power, lacks teeth to adequately review Internal Affairs findings. Another factor is persistent racial tension between citizens and police in Greensboro. The most recent example culminated in the resignation of the city's white police chief after it was found he had a secret unit conducting surveillance of African American police officers. It was later discovered he had secretly tape recorded meetings between police personnel and predominantly African American civic leaders.

Despite what appears to be a grim situation, city officials are committed to developing a police review model that responds to the criticisms and is capable of gaining public trust. City officials readily acknowledge that the City's response to the former police chief's activities, including development of a credible police review mechanism, is critical to the future of race relations in Greensboro. This project will begin with a case study providing background on the current situation. The Executive Session will also work to facilitate conversations that lead to the development of a new police complaint review procedure.



 
  · © 2006 President and Fellows of Harvard College · Reporting copyright infringements
  > Police misconduct
> Bias crimes
> Diversity within law enforcement
> Discrimination against ex-offenders
> Unequal enforcement

 
Related Publications

> Columbus, Ohio Excessive
Use of Police Force Case Study






 
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