Policing now is supposed to be more about interpersonal relations than it is about ordering people about. Josh joined the WBRC FOX6 News team in July 2013 as a reporter covering Tuscaloosa and other parts of West Alabama. WASHINGTON — The Supreme Court on Monday ruled for an Arizona police officer who shot a woman outside her home in Tucson. “Kisela alone resorted to deadly force in this case,” she wrote. If Freeman and others want to take a leadership position on this issue, they should explore these questions. Can Facebook be Used to Steal an Election? “Because Kisela plainly lacked any legitimate interest justifying the use of deadly force against a woman who posed no objective threat of harm to officers or others, had committed no crime, and appeared calm and collected during the police encounter,” Justice Sotomayor wrote, “he was not entitled to qualified immunity.”. Victims also have to show that police acted with deliberate indifference, which is a higher legal standard of proof than negligence. David Schultz is a professor of political science at Hamline University. The Use-of-Force collection program could give us more context into incidents like the fatal officer-involved shooting that took place at the Galleria on Thanksgiving. In Monell, the Supreme Court ruled that municipalities can be held responsible for police actions when and if plaintiffs (like victims of police brutality, for example) can show that those actions were the product of official police policy or part of a police department’s culture, customs and practices. “It tells officers that they can shoot first and think later, and it tells the public that palpably unreasonable conduct will go unpunished.”. The court’s decision was unsigned and issued without full briefing and oral argument, an indication that the majority found the case to be easy. Ms. Hughes was not moving, spoke calmly, held the knife at her side and made no aggressive movements. The program will track incidents by law enforcement that result in death or serious injury. This is was community-orientated policy and problem-orientated policing is about. But having said that, also largely missing from the debate is a discussion on police alternatives to violence, how to de-escalate conflict, and where race fits into how law enforcement officials approach tense situations where personal or public safety issues are present. But another reason why these cases are hard to win is that the law determines excessive force from the perspective of the police officer, not the victim. The officers drew their guns and told Ms. Hughes to drop the knife, but it is not clear that she heard them. Copyright 2018 WBRC. This point has largely been missed in the debates regarding policy use of force. 5 displays the ratio of police use-of-force deaths to all deaths by age, sex, and race. Is this merely a problem of blatant racism or is something else going on? These are important questions that need to be studied and examined in Minneapolis. Given the law, there was little chance Freeman could have secured a conviction. Let’s start with the law. In Tennessee v. Garner the Supreme Court ruled that the use of excessive deadly force is a Fourth Amendment violation, that is, a kind of illegal search and seizure. Officer Andrew Kisela opened fire, shooting Ms. Hughes four times. To determine police liability, one must balance the citizen’s interest versus the government’s. Perhaps it should be changed, regardless of the race of the victim, and that is a reasonable debate that should occur. The United States Court of Appeals for the Ninth Circuit, in San Francisco, allowed the case to proceed. The majority did not decide whether Officer Kisela’s actions violated the Constitution, but it did say there was no clear precedent that would have alerted him that opening fire in what he said was an effort to protect Ms. Chadwick amounted to unconstitutionally excessive force. Police use of force is not among the 15 leading causes of death for young women. When it comes to use of force, police have significant latitude. Not all uses of force are illegal, nor are all injuries actionable (of course, this make sense, police sometimes do need to use force for good reasons). He hopes to be able to continue telling stories that make a difference. Now, Josh serves the community as an On Your Side Investigator. Justice Sotomayor said the court’s decision in the case, Kisela v. Hughes, No. It is about conflict management and how to de-escalate tense situations. Moreover, and this is one place where race comes it, do the police use one set of strategies with Caucasians and another with people of color, or is one technique used in a racially arbitrary way? It will be a part of the agency’s Uniform Crime Reporting System that already collects data from law enforcement on crimes like murder to look at trends around the country. Although the officers did not know it, the two women were roommates. The case started in 2010 when three police officers responded to a 911 call reporting that a woman had been seen acting erratically by hacking at a tree with a knife. 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The problem is, this is very hard to do – and therefore it’s tough to hold police accountable for misconduct. 17-467, was part of a disturbing trend of “unflinching willingness” to protect police officers accused of using excessive force. The Supreme Court has issued two major decisions that explain when police use of force is excessive. He is the author of Presidential Swing States:  Why Only Ten Matter. In Graham v. Connor the Supreme Court created an even softer standard for the excessive use of non-deadly force, based on whether the use of force would be justified from the perspective of a reasonable officer with 20/20 hindsight. The FBI will launch its new voluntary database in January. Supreme Court Rules for Police Officer in Excessive Force Case. 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