Following the recent outcry in Ferguson and Staten Island, the US Justice Department delivered a scathing report of the Cleveland Police Department, alleging they are too quick to use deadly force.
Writes the Cleveland Plains Dealer: “The growing distrust between Cleveland police and the communities they serve can be attributed in part to how quickly officers draw their weapons without trying to use words to calm tense situations.”
The report found that police fire their weapons recklessly, and the report hammers the department for using deadly force or less-than-lethal force as their first approach rather than a last resort, even in cases where a suspect is mentally disabled.
“We…discovered that officers do not effectively de-escalate situations, either because they do not know how, or because they do not have an adequate understanding of the importance of de-escalating encounters before resorting to force whenever possible,” the report says.
The Plains Dealer details 16 different cases.
According to Acting Assistant Attorney General Vanita Gupta, the investigation, which began in March 2013 as a review of the Cleveland Division of Police and its use of force, “concluded that there is reasonable cause to believe that Cleveland Police engage in a pattern or practice of unreasonable force in violation of the Fourth Amendment.”
That pattern manifested in a range of ways, including:
The unnecessary and excessive use of deadly force, including shootings and head strikes with impact weapons;
The unnecessary, excessive or retaliatory use of less-than-lethal force including Tasers, chemical spray and fists;
Excessive force against persons who are mentally ill and in crisis, including in cases where the officers were called exclusively for a welfare check; and
The employment of poor and dangerous tactics that placed officers in situations where avoidable force became inevitable.
Said Ms. Gupta, “Our investigation revealed that the causes of these patterns or practices were systemic and resulted from organizational deficiencies. Principle among these is the Cleveland Division of Police’s failure to implement effective and rigorous accountability systems.”
He explained, “Force incidents too often are not properly reported, documented, investigated, or addressed with corrective measures. Supervisors throughout the chain of command endorse questionable and sometimes unlawful conduct by officers. Officers are not provided with adequate training, policy guidance, and supervision to do their jobs safely and effectively. Community policing strategies are not sufficiently embedded in the division.”
Ms. Gupta noted, “In the course of our investigation we also discovered that some of the division’s search, seizure, and arrest practices appear to violate the Fourth Amendment.”
Outgoing Attorney General Eric Holder drew a broader view, noting, “In recent days, millions of people throughout the nation have come together – bound by grief and anguish – in response to the tragic deaths of Michael Brown, in Ferguson, Missouri, and Eric Garner, in New York City. As I announced last night, the Department of Justice is currently conducting an independent, thorough, fair, and expeditious federal civil rights investigation into each of these incidents.”
He continued, “The tragic losses of these and far too many other Americans – including, just last month, the shooting death of 12-year-old Tamir Rice here in Cleveland – have raised urgent, national questions. And they have sparked an important conversation about the sense of trust that must exist between law enforcement and the communities they serve and protect.”
Mr. Holder reiterated, “Since March 2013, the Justice Department has closely examined nearly 600 use-of-force incidents that occurred between 2010 and 2013, including incidents involving the use of lethal and less-than-lethal force. We have determined that there is reasonable cause to believe that the Cleveland Division of Police engages in a pattern or practice of using excessive force – in violation of the Fourth Amendment of the U.S. Constitution, and as a result of systemic deficiencies, including insufficient accountability, inadequate training and equipment, ineffective policies, and inadequate engagement with the community.”
President Obama announced a series of constructive steps to help bolster the trust in, and effectiveness of, the policing of our communities. These include convening a new task force to develop ways to reduce crime while building public trust; reforming how the federal government equips local law enforcement, particularly with military-style equipment; and advancing the use of body-worn cameras and promoting community policing initiatives.
On Wednesday night, the Attorney General announced that there would be a federal investigation into the death of Eric Garner after the Staten Island Grand Jury declined to indict the officer involved in this case.
The Attorney General stated, “The Department will conduct a complete review of the material gathered during the local investigation.”
“We have all seen the video of Mr. Garner’s arrest. His death, of course, was a tragedy,” said Mr. Holder. “All lives must be valued. Mr. Garner’s death is one of several recent incidents across the country that have tested the sense of trust that must exist between law enforcement and the communities they are charged to serve and protect. This is not a New York issue or a Ferguson issue alone. Those who have protested peacefully across our great nation following the grand jury’s decision in Ferguson have made that clear.”
Protests continued across the nation on Thursday night.
Mr. Holder urged for calm and nonviolent demonstration: “I know that substantial numbers of people in New York and across the country will be disappointed and frustrated by the outcome of the state grand jury proceeding today. I know many will plan to voice their disappointment publicly through protests. This is the right of all Americans. But as I have said before, throughout our history, the most successful movements have been those that adhered to the principles of nonviolence. I urge all those inclined to demonstrate tonight and in the days ahead to remain peaceful in their demonstrations, and not to engage in activities that deflect our attention from the very serious matters our nation must confront.”
On Thursday around 5 pm, the city of Davis announced that protesters had assembled at 1st and E Street. “They are a peaceful group composed of students & community members. They have been protesting in town and campus since 1 pm. The Davis PD and CHP closed the undercrossing for safety concerns due to the close proximity of the freeway.”
At one point photos show the protesters lying across Richards Blvd, blocking traffic and raising the ire of some residents.
—David M. Greenwald reporting