Download or read book Above the Law How qualified Immunity Protects Violent Police written by Ben Cohen and published by OR Books. This book was released on 2021-07 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by . This book was released on 2020-06-25 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 1 of the casebook covers the District of Columbia Circuit and the First through the Fifth Circuit Court of Appeals. * * * Qualified immunity is a doctrine aimed at providing government officials (including police officers) a modicum of protection from civil damages liability for actions taken under color of state law. See Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982); McKenney v. Mangino, 873 F.3d 75, 80 (1st Cir. 2017), cert. denied, ___ U.S. ___, 138 S.Ct. 1311, 200 L.Ed.2d 475 (2018). This p.10 protection attaches "to all but the plainly incompetent or those who knowingly violate the law." Malley v. Briggs, 475 U.S. 335, 341, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986). Thus, a government official may invoke the defense of qualified immunity when his actions, though causing injury, did "not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Conlogue v. Hamilton, 906 F.3d 150, 154 (1st Cir. 2018) (quoting Harlow, 457 U.S. at 818, 102 S.Ct. 2727). The qualified immunity analysis has two facets: "[t]he court must determine whether the defendant violated the plaintiff's constitutional rights" and then must determine "whether the allegedly abridged right was 'clearly established' at the time of the defendant's claimed misconduct." Id. at 155 (quoting McKenney, 873 F.3d at 81). [ . . . ] [The question whether the allegedly abridged right is clearly established] has two facets. First, the plaintiff must "identify either 'controlling authority' or a 'consensus of cases of persuasive authority' sufficient to send a clear signal to a reasonable official that certain conduct falls short of the constitutional norm." Alfano v. Lynch, 847 F.3d 71, 75 (1st Cir. 2017) (quoting Wilson v. Layne, 526 U.S. 603, 617, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) ). Second, the plaintiff must demonstrate that "an objectively reasonable official in the defendant's position would have known that his conduct violated that rule of law." Id. This latter step is designed to achieve a prophylactic purpose: it affords "some breathing room for a police officer even if he has made a mistake (albeit a reasonable one) about the lawfulness of his conduct." Conlogue, 906 F.3d at 155. Taken together, these steps normally require that, to defeat a police officer's qualified immunity defense, a plaintiff must "identify a case where an officer acting under similar circumstances was held to have violated the Fourth Amendment." City of Escondido v. Emmons, ___ U.S. ___, 139 S.Ct. 500, 504, 202 L.Ed.2d 455 (2019) (per curiam) (quoting District of Columbia v. Wesby, ___ U.S. ___, 138 S.Ct. 577, 590, 199 L.Ed.2d 453 (2018) ); see Anderson v. Creighton, 483 U.S. 635, 639-40, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). Although such a case need not arise on identical facts, it must be sufficiently analogous to make pellucid to an objectively reasonable officer the unlawfulness of his actions. See City of Escondido, 139 S.Ct. at 504; Ashcroft v. al-Kidd, 563 U.S. 731, 741, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (2011). Gray v. Cummings, 917 F. 3d 1 (1st Cir. 2019)

Download or read book The SAGE Encyclopedia of Leadership Studies written by George R. Goethals and published by SAGE Publications. This book was released on 2023-02-20 with total page 1981 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leadership Studies is a multi-disciplinary academic exploration of the various aspects of how people get along, and how together they get things done. The fields that contribute to leadership studies include history, political science, psychology, anthropology, sociology, philosophy, literature, and behavioral economics. Leadership Studies is also about the ethical dimensions of human behavior. The discipline considers what leadership has been in the past (the historical view), what leadership actually looks like in the present (principally from the perspectives of the behavioral sciences and political science), and what leadership should be (the ethical perspective). The SAGE Encyclopedia of Leadership Studies will present both key concepts and research illuminating leadership and many of the most important events in human history that reveal the nuances of leadership, good and bad. Entries will include topics such as power, charisma, identity, persuasion, personality, social intelligence, gender, justice, unconscious conceptions of leadership, leader-follower relationships, and moral transformation.

Download or read book Rap on Trial written by Erik Nielson and published by The New Press. This book was released on 2019-11-12 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color Should Johnny Cash have been charged with murder after he sang, "I shot a man in Reno just to watch him die"? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted liberally from his album Shell Shocked. Mac was sentenced to thirty years in prison, where he remains. And his case is just one of many nationwide. Over the last three decades, as rap became increasingly popular, prosecutors saw an opportunity: they could present the sometimes violent, crime-laden lyrics of amateur rappers as confessions to crimes, threats of violence, evidence of gang affiliation, or revelations of criminal motive—and judges and juries would go along with it. Detectives have reopened cold cases on account of rap lyrics and videos alone, and prosecutors have secured convictions by presenting such lyrics and videos of rappers as autobiography. Now, an alarming number of aspiring rappers are imprisoned. No other form of creative expression is treated this way in the courts. Rap on Trial places this disturbing practice in the context of hip hop history and exposes what's at stake. It's a gripping, timely exploration at the crossroads of contemporary hip hop and mass incarceration.

Download or read book Presumed Guilty How the Supreme Court Empowered the Police and Subverted Civil Rights written by Erwin Chemerinsky and published by Liveright Publishing. This book was released on 2021-08-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century. Police are nine times more likely to kill African-American men than they are other Americans—in fact, nearly one in every thousand will die at the hands, or under the knee, of an officer. As eminent constitutional scholar Erwin Chemerinsky powerfully argues, this is no accident, but the horrific result of an elaborate body of doctrines that allow the police and, crucially, the courts to presume that suspects—especially people of color—are guilty before being charged. Today in the United States, much attention is focused on the enormous problems of police violence and racism in law enforcement. Too often, though, that attention fails to place the blame where it most belongs, on the courts, and specifically, on the Supreme Court. A “smoking gun” of civil rights research, Presumed Guilty presents a groundbreaking, decades-long history of judicial failure in America, revealing how the Supreme Court has enabled racist practices, including profiling and intimidation, and legitimated gross law enforcement excesses that disproportionately affect people of color. For the greater part of its existence, Chemerinsky shows, deference to and empowerment of the police have been the modi operandi of the Supreme Court. From its conception in the late eighteenth century until the Warren Court in 1953, the Supreme Court rarely ruled against the police, and then only when police conduct was truly shocking. Animating seminal cases and justices from the Court’s history, Chemerinsky—who has himself litigated cases dealing with police misconduct for decades—shows how the Court has time and again refused to impose constitutional checks on police, all the while deliberately gutting remedies Americans might use to challenge police misconduct. Finally, in an unprecedented series of landmark rulings in the mid-1950s and 1960s, the pro-defendant Warren Court imposed significant constitutional limits on policing. Yet as Chemerinsky demonstrates, the Warren Court was but a brief historical aberration, a fleeting liberal era that ultimately concluded with Nixon’s presidency and the ascendance of conservative and “originalist” justices, whose rulings—in Terry v. Ohio (1968), City of Los Angeles v. Lyons (1983), and Whren v. United States (1996), among other cases—have sanctioned stop-and-frisks, limited suits to reform police departments, and even abetted the use of lethal chokeholds. Written with a lawyer’s knowledge and experience, Presumed Guilty definitively proves that an approach to policing that continues to exalt “Dirty Harry” can be transformed only by a robust court system committed to civil rights. In the tradition of Richard Rothstein’s The Color of Law, Presumed Guilty is a necessary intervention into the roiling national debates over racial inequality and reform, creating a history where none was before—and promising to transform our understanding of the systems that enable police brutality.

Download or read book Unreasonable written by Devon W. Carbado and published by The New Press. This book was released on 2022-04-05 with total page 295 pages. Available in PDF, EPUB and Kindle. Book excerpt: How the Supreme Court’s decision to treat unreasonable policing as reasonable under the Fourth Amendment has shortened the distance between life and death for Black people The summer of 2020 will be remembered as an unprecedented, watershed moment in the struggle for racial equality. Published on the second anniversary of the global protests over the police killings of George Floyd and Breonna Taylor, Unreasonable is a groundbreaking investigation of the role that the law—and the U.S. Constitution—play in the epidemic of police violence against Black people. In this crucially timely book, celebrated legal scholar Devon W. Carbado explains how the Fourth Amendment became ground zero for regulating police conduct—more important than Miranda warnings, the right to counsel, equal protection and due process. Fourth Amendment law determines when and how the police can make arrests, and it determines the precarious line between stopping Black people and killing Black people. A leading light in the critical race studies movement, Carbado looks at how that text, in the last four decades, has been interpreted by the Supreme Court to protect police officers, not African Americans; how it sanctions search and seizure as well as profiling; and how it has become, ultimately, an amendment of life and death. Accessible, radical, and essential reading, Unreasonable sheds light on a rarely understood dimension of today’s most pressing issue.

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by Independently Published. This book was released on 2018-09-28 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that discuss and analyze issues surrounding the doctrine of qualified immunity when used by law enforcement professionals. * * * The doctrine of qualified immunity insulates government officials from lawsuits, shielding them "from undue interference with their duties and from potentially disabling threats of liability." Wright v. City of Philadelphia, 409 F.3d 595, 599 (3d Cir. 2005) (quoting Elder v. Holloway, 510 U.S. 510, 514, 114 S.Ct. 1019, 127 L.Ed.2d 344 (1994)). In determining the applicability of qualified immunity, courts examine two prongs. First, whether the facts alleged (in the context of a motion to dismiss or for judgment on the pleadings) or shown (in the context of a motion for summary judgment or a trial) "make out a violation of a constitutional right." Pearson v. Callahan, 555 U.S. 223, 232, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009). Second, "whether the right at issue was 'clearly established' at the time of defendants' alleged misconduct." Id. (quoting Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001)). A right is "clearly established" when its "contours ... [are] sufficiently clear that a reasonable official would understand that what he is doing violates that right." Wilson v. Layne, 526 U.S. 603, 615, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999) (quotation marks omitted). Courts need not evaluate the two prongs sequentially, Pearson, 555 U.S. at 236, 129 S.Ct. 808, and the failure of either prong will result in application of qualified immunity, James v. City of Wilkes-Barre, 700 F.3d 675, 679 (3d Cir. 2012). Karns v. Shanahan, 879 F. 3d 504 (3rd Cir. 2018). * * * Qualified immunity is an affirmative defense on which the defendant has the burden of proof. See, e.g., Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 64 L.Ed.2d 572 (1980); Rogoz v. City of Hartford, 796 F.3d at 247. "To the extent that a particular finding of fact [i]s essential to an affirmative defense, ... it [i]s incumbent on [the defendant] to request that the [factfinder] be asked the pertinent question." Kerman, 374 F.3d at 120. Outlaw v. City of Hartford, ibid.

Download or read book The Affirmative Defense of Qualified Immunity for Law Enforcement written by Landmark Publications and published by Independently Published. This book was released on 2020-06-29 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: THIS CASEBOOK contains a selection of U. S. Court of Appeals decisions that analyze and discuss issues raised when law enforcement officers assert the affirmative defense of qualified immunity. Volume 2 of the casebook covers the Sixth through the Eleventh Circuit Court of Appeals. * * * "The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.'" Pearson v. Callahan, 555 U.S. 223, 231, 129 S.Ct. 808, 172 L.Ed.2d 565 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)). As the Supreme Court has explained, "[q]ualified immunity balances two important interests-the need to hold public officials accountable when they exercise power irresponsibly and the need to shield officials from harassment, distraction, and liability when they perform their duties reasonably." Id. * * * "The qualified immunity analysis entails two general steps, which can be considered in any order." Godawa v. Byrd, 798 F.3d 457, 462-63 (6th Cir. 2015) (citing Pearson, 555 U.S. at 236, 129 S.Ct. 808). "First, taken in the light most favorable to the party asserting the injury, do the facts alleged show that the officer's conduct violated a constitutional right? Second, is the right clearly established?" Seales v. City of Detroit, 724 F. App'x 356, 359 (6th Cir. 2018) (quoting Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th Cir. 2006)). "To qualify as clearly established, [t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right." Kindl v. City of Berkley, 798 F.3d 391, 398 (6th Cir. 2015) (alteration in original) (internal quotation marks omitted) (quoting Brown v. Lewis, 779 F.3d 401, 412 (6th Cir. 2015))."[T]he plaintiff bears the burden of showing that an officer is not entitled to the defense of qualified immunity." Courtright v. City of Battle Creek, 839 F.3d 513, 518 (6th Cir. 2016) (citing Johnson v. Moseley, 790 F.3d 649, 653 (6th Cir. 2015)). Rafferty v. Trumbull County, Ohio, 915 F. 3d 1087 (6th Cir. 2019)

Download or read book Violent Crime Control and Law Enforcement Act of 1994 written by United States and published by . This book was released on 1994 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Police Violence written by William A. Geller and published by Yale University Press. This book was released on 1959-12-11 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the prevalence of police-citizen conflict has diminished in recent decades, police use of excessive force remains a concern of police departments nationwide. This timely book focuses on what is known and what still needs to be learned to understand, prevent, and remediate police abuse of force. The topics covered include: a theory of police abuse of force; the causes of police brutality; measures of its prevalence; the violence-prone police officer; public opinion about police abuse of force; the issue of race; officer selection, training, and attitudes; police unions and police culture; administrative review; procedural justice and the review of citizen complaints; the role of lawsuits; and a survey of police brutality abroad. In the final chapter Geller and Toch suggest new directions for research and practical innovations in law enforcement, from which both police and citizens can benefit. The contributors to this volume are scholars of criminology, criminal justice, social psychology, law, and public administration; former police managers; a police union leader; civilian oversight agency administrators and analysts; civil liberties advocates; police litigation expert witnesses; and media commentators. The combination of theoretical and practical perspectives makes this book ideal for students and scholars of democratic policing and for those in police departments, government, and the media charged with addressing and understanding the problem of improper exercise of force.

Download or read book Our Enemies in Blue written by Kristian Williams and published by AK Press. This book was released on 2015-08-03 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Let's begin with the basics: violence is an inherent part of policing. The police represent the most direct means by which the state imposes its will on the citizenry. They are armed, trained, and authorized to use force. Like the possibility of arrest, the threat of violence is implicit in every police encounter. Violence, as well as the law, is what they represent. Using media reports alone, the Cato Institute's last annual study listed nearly seven thousand victims of police "misconduct" in the United States. But such stories of police brutality only scratch the surface of a national epidemic. Every year, tens of thousands are framed, blackmailed, beaten, sexually assaulted, or killed by cops. Hundreds of millions of dollars are spent on civil judgments and settlements annually. Individual lives, families, and communities are destroyed. In this extensively revised and updated edition of his seminal study of policing in the United States, Kristian Williams shows that police brutality isn't an anomaly, but is built into the very meaning of law enforcement in the United States. From antebellum slave patrols to today's unarmed youth being gunned down in the streets, "peace keepers" have always used force to shape behavior, repress dissent, and defend the powerful. Our Enemies in Blue is a well-researched page-turner that both makes historical sense of this legalized social pathology and maps out possible alternatives.

Download or read book Deadly Justice written by Frank R. Baumgartner and published by Oxford University Press. This book was released on 2018 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years and 1,400 executions after the U.S. Supreme Court ruled the death penalty constitutional, eminent political scientist Frank Baumgartner and a team of younger scholars have collaborated to assess the empirical record and provide a definitive account of how the death penalty has been implemented. A Statistical Portrait of the Death Penalty shows that all the flaws that caused the Supreme Court to invalidate the death penalty in 1972 remain and indeed that new problems have arisen. Far from "perfecting the mechanism" of death, the modern system has failed.

Download or read book Section 1983 Litigation written by Martin A. Schwartz and published by Aspen Pub. This book was released on 2003 with total page 1956 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1983 Litigation

Download or read book Ben Jerry s Homemade Ice Cream Dessert Book written by Ben Cohen and published by Workman Publishing Company. This book was released on 2012-02-01 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: With little skill, surprisingly few ingredients, and even the most unsophisticated of ice-cream makers, you can make the scrumptious ice creams that have made Ben & Jerry's an American legend. Ben & Jerry's Homemade Ice Cream & Dessert Book tells fans the story behind the company and the two men who built it-from their first meeting in 7th-grade gym class (they were already the two widest kids on the field) to their "graduation" from a $5.00 ice-cream-making correspondence course to their first ice-cream shop in a renovated gas station. But the best part comes next. Dastardly Mash, featuring nuts, raisins, and hunks of chocolate. The celebrated Heath Bar Crunch. New York Super Fudge Chunk. Oreo Mint. In addition to Ben & Jerry's 11 greatest hits, here are recipes for ice creams made with fresh fruit, with chocolate, with candies and cookies, and recipes for sorbets, sundaes, and baked goods.

Download or read book Managing Policy and Reform in an Era of American Police Conflict written by Jack St. Hilaire and published by Taylor & Francis. This book was released on 2023-08-11 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Greek philosopher, Socrates, posed a guardian model that would protect his Athenian world, the custodes (watchmen), yet mused who would guard them but themselves. In The Republic, Plato spoke favorably about the guardians of the republic; they should be trusted to behave and perform their duties appropriately without oversight. Half a millennium later, the Roman satirist, Juvenal, proposed that men who feared their wives’ infidelity could neither trust them nor the guardians who guarded them. Similarly, James Madison opposed oppression through blind trust and, thus, conceptualized Madisonian Democracy. Quis custodiet ipsos custodies? Who will guard the guardians? In an era of conflict with America’s police and the communities they serve, today’s publicly expressed attitudes toward law enforcement often reflect Socrates’ dilemma and the concerns of Juvenal more than that of Plato’s tributes. Contemporary debates concerning the increase in violent crime and the need for fundamental changes to American policing reached a new intensity and stalemate with the death of George Floyd in Minneapolis in May 2020. Police officers shot and killed 999 people in 2019 and 1021 people in 2020 in the United States. 2020 was also one of the deadliest years for law enforcement, with 264 officers killed, the highest since 1974. In the first six months of 2021, 523 civilians were shot and killed by officers. Numerous active and former police officers face criminal charges for the January 6 United States Capitol Attack in Washington, DC, in 2021. Many current and former employees of the U.S. Border Patrol were discovered to be members of a Facebook group that posted racist and anti-immigration content. Sixty current members were found to have committed misconduct by posting “explicit and violent messages” mocking migrants and threatening lawmakers on the site. Communities are now hiring civilians to high positions in the police department’s command staff, justifying the need to improve deteriorating community relations. For the first time in its 27 years of measuring confidence in the police in the United States, Gallup found that most American adults do not trust law enforcement. This book investigates and exposes the complex challenges facing law enforcement leaders and government officials with police reform, policies and standards, police accreditation, and police legitimacy in the eyes of the community. Through informative and educational discussions with law enforcement leaders from various agencies, professional police organizations, and academic researchers, the book qualitatively evaluates individual autonomy, organizational culture, and political environments, which influence strategic decisions made on policy and reform efforts by law enforcement officials in the United States within the milieu of national police accreditation.

Download or read book The War on Cops written by Heather Mac Donald and published by Encounter Books. This book was released on 2016-06-21 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: Violent crime has been rising sharply in many American cities after two decades of decline. Homicides jumped nearly 17 percent in 2015 in the largest 50 cities, the biggest one-year increase since 1993. The reason is what Heather Mac Donald first identified nationally as the “Ferguson effect”: Since the 2014 police shooting death of Michael Brown in Ferguson, Missouri, officers have been backing off of proactive policing, and criminals are becoming emboldened. This book expands on Mac Donald’s groundbreaking and controversial reporting on the Ferguson effect and the criminal-justice system. It deconstructs the central narrative of the Black Lives Matter movement: that racist cops are the greatest threat to young black males. On the contrary, it is criminals and gangbangers who are responsible for the high black homicide death rate. The War on Cops exposes the truth about officer use of force and explodes the conceit of “mass incarceration.” A rigorous analysis of data shows that crime, not race, drives police actions and prison rates. The growth of proactive policing in the 1990s, along with lengthened sentences for violent crime, saved thousands of minority lives. In fact, Mac Donald argues, no government agency is more dedicated to the proposition that “black lives matter” than today’s data-driven, accountable police department. Mac Donald gives voice to the many residents of high-crime neighborhoods who want proactive policing. She warns that race-based attacks on the criminal-justice system, from the White House on down, are eroding the authority of law and putting lives at risk. This book is a call for a more honest and informed debate about policing, crime, and race.

Download or read book Constitutional Law for Criminal Justice written by Jacqueline R. Kanovitz and published by Routledge. This book was released on 2018-09-03 with total page 876 pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal justice professionals often do not receive the training they need to recognize constitutional principles that apply to their everyday work. Constitutional Law for Criminal Justice offers a way to solve this problem by providing a comprehensive, well-organized, and up-to-date analysis of constitutional issues that affect criminal justice professionals. Constitutional Law for Criminal Justice makes complex concepts accessible to students at all levels of criminal justice education. The chapters begin with an outline and end with a summary. Key terms and concepts are defined in the glossary. Tables, figures, and charts are used to synthesize and simplify information. The result is an incomparably clear, student-friendly textbook that has remained a leader in criminal justice education for 50 years.