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Friday, July 27, 2012

Court Deal: Cops Must Report All Use of Force (Like Shoving Someone in the Chest)

Posted by on Fri, Jul 27, 2012 at 6:26 PM

A settlement was submitted today to Judge James Robart in US District Court in Seattle, which officials for the city and US Department of Justice expect to be approved within the next month. I touched on it earlier. At 76 pages pages, though, I haven't read the whole thing. But it lays out three reforms for the Seattle Police Department that I want to mention briefly:

  1. It sets strict new standards for reporting use of force. Of particular note, a Type I use of force didn't used to be reported. This is defined as an officer's action "not reasonably expected to cause injury" but one that "causes transient pain and/or disorientation." It could be an open hand strike, shoving a suspecting in the chest, or a "soft" take down, for example. Now an officer must report these types of activities—in addition to other more severe uses of force, considered types II and III—and they will be automatically investigated by a superior who will visit the site of the incident. There is much more detail on using and investigating force, and penalizing officers who use it wrongly, but this among the most explicit changes to department policy to make sure it's documented in the first place.
  2. A court-appointed monitor will oversee the city. Selected jointly by the city and DOJ within 60 days, the monitor will be paid by the city. (The salary is unclear, but Mayor Mike McGinn estimates the the city will pay $5 million next year to implement reforms overall.) Responding to speculation that this person is a "shadow chief," DOJ's Thomas Perez told reporters, "The monitor does not supplant the role of the chief." However, the monitor will report back to Judge Robart, and this monitor will sound the alarm if anything is falling behind schedule, from providing new crisis intervention training to implementing new force policies.
  3. The agreement does, in fact, discuss biased policing. Federal investigators hadn't found any constitutional violations of biased arrests, but it did note a concerning pattern of law enforcement involving racial minorities. That said, the language in the settlement appears weak. My first read through shows that the city will, in essence, re-pledge its commitment not to use bias. If there are specifics—particularly about data collection—please point them out.

The settlement includes many departmental goals, lacking specifics, relating to supervision (such as providing an adequate number of staff), tightening disciplinary procedures (such as when officers must report misconduct), and detaining suspects (clarifying that social stops are voluntary and ensuring training on the Fourth Amendment). However, unlike longstanding city goals in the same vein, the settlement leans on the monitor to guarantee they happen.

Separate from the settlement, the city has also entered into an Memorandum of Understanding, which is mutually enforced by the parties, not a court. Among other ambitions, it calls on the mayor to create an advisory board, the Community Policing Commission, which will recommend new methods for data collection, stops and detention, and officer discipline.

Perez rebuked the talking point held by some officers that reforms are tantamount to tying their hands. Effective policing and constitutional policing can go "hand in hand," he said, adding that after Los Angeles implemented a similar policing reform plan, "crime went down, and the quality of policing went up, and public confidence in the police department shot up."

 

Comments (17) RSS

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Will in Seattle 17
@1 has a very good point.

They could live in those aPodiments if they had to.
Posted by Will in Seattle http://www.facebook.com/WillSeattle on July 30, 2012 at 11:23 AM
16
I wish #13 had posted this as a registered comment, so that everyone could read it. Here's what he/she posted:
@12 Victim? You obviously didn't read the police report which reported what the actual victims of that night said:

""Victims Duran and Flores-Cruz later identified Veteta-Contreras as the man who also demanded money and threatened them with what Duran described as a “long cable” and what Flores-Cruz described as a “machete”. Decl. of Jinhong, Ex. K (Testimony of Eliezer Duran at 697-701; and Ex. B (Testimony of Walter Flores-Cruz at 553-554). Duran and an eye-witness, Juan Lopez-Pando, both identified Monetti as one of the four or five men who had surrounded them during Duran‟s robbery. Duran and Lopez-Pando testified that while being robbed, Duran told Monetti to restrain his machete- and gun-wielding companions, saying, “get your boy off of me.

Monetti responded by telling Duran to “just give him what you got,” and “just give him the five dollars.” Id.; see also Decl. of Clark at ¶18. While Monetti was ultimately not arrested or charged, there is nonetheless substantial evidence that he was, in fact, complicit in the robberies."

"Concurrent with the events that were transpiring between Monetti, his two companions, and the officers south of China Harbor, Ofcs. Virgilio and Reyes had detained two additional Latino males, Pedro Martinez and Robin Barrera. Flores-Cruz subsequently identified Pedro Martinez as part of the group (including Monetti, Veteta-Contreras, and Garcia-Garcia) that had robbed him. See Decl. of Jinhong, Ex.E at 50-51 starting at line 20. He reported that Martinez had demanded money from him, claiming they were “Salva Maratrucha” or MS 13 gang members from El Salvador, and that Martinez had flashed a hand gun that was tucked between his belt under his t-shirt."
More...
Posted by st123 on July 30, 2012 at 11:02 AM
15
I live in the CD. I once asked a black cop why we couldn't have more black cops in the CD. He said that forcing him to work in the most crime ridden part of town, just because he's black, was a racist policy, and that black cops should get to work in Ballard if they want to. He had a point. You cant make police work certain areas based on race without putting them in higher danger than their white cohorts, because of race.

Also, in L.A. crime went down when report every touch standards went in to place? Uh, no. Arrests went down. Not crime. Arrests are down in Seattle as well because, as one cop said, "If I have to touch them in any way other than to cuff them, I'm gonna let it go. I wont chase anyone. The city will just throw me under the bus." Punishing the whole force for the actions of a few is going to get you cops who do nothing and just wait out their retirement. And for those of you who live in Seattle and insist cops here be from Seattle, prepare to pay for it. Few cops can afford to live in the city.
Posted by st123 on July 30, 2012 at 10:56 AM
14
So to Seattle's looney left, Monetti is citizen of the year....until his homies mug them. Then you'll be dialing 911 begging for help from the SPD. Or do u call anarchists and ask them to come down and form a GA and find out what's bothering the fine young boys of MS13?
Posted by Sugartit on July 28, 2012 at 4:56 PM
13
@12 Victim? You obviously didn't read the police report which reported what the actual victims of that night said:

""Victims Duran and Flores-Cruz later identified Veteta-Contreras as the man who also demanded money and threatened them with what Duran described as a “long cable” and what Flores-Cruz described as a “machete”. Decl. of Jinhong, Ex. K (Testimony of Eliezer Duran at 697-701; and Ex. B (Testimony of Walter Flores-Cruz at 553-554). Duran and an eye-witness, Juan Lopez-Pando, both identified Monetti as one of the four or five men who had surrounded them during Duran‟s robbery. Duran and Lopez-Pando testified that while being robbed, Duran told Monetti to restrain his machete- and gun-wielding companions, saying, “get your boy off of me.

Monetti responded by telling Duran to “just give him what you got,” and “just give him the five dollars.” Id.; see also Decl. of Clark at ¶18. While Monetti was ultimately not arrested or charged, there is nonetheless substantial evidence that he was, in fact, complicit in the robberies."

"Concurrent with the events that were transpiring between Monetti, his two companions, and the officers south of China Harbor, Ofcs. Virgilio and Reyes had detained two additional Latino males, Pedro Martinez and Robin Barrera. Flores-Cruz subsequently identified Pedro Martinez as part of the group (including Monetti, Veteta-Contreras, and Garcia-Garcia) that had robbed him. See Decl. of Jinhong, Ex.E at 50-51 starting at line 20. He reported that Martinez had demanded money from him, claiming they were “Salva Maratrucha” or MS 13 gang members from El Salvador, and that Martinez had flashed a hand gun that was tucked between his belt under his t-shirt."
Posted by It was Salvadoran piss apparently on July 28, 2012 at 4:47 PM
Some Old Nobodaddy Logged In 12
In those reports, do they have to include precisely how much Mexican piss they kicked out of the victim? Or just note that it did, indeed, occur?
Posted by Some Old Nobodaddy Logged In on July 28, 2012 at 4:15 PM
11
@10 And for once my tax dollars wouldn't be pissed away on Southendistan? We could have equal city and school money spent on the north end?
Posted by Sugartit on July 28, 2012 at 11:45 AM
Supreme Ruler Of The Universe 10
#2

Even if "city" employees lived in Seattle you would still have a white and asian majority in the North, Center and West part of the city controlling a more diverse south Seattle.

If South Seattle seceded, it could not only have its own police, but a Mayor and city government jobs that transform the poor and the criminal into the middle class.
Posted by Supreme Ruler Of The Universe http://www.you-read-it-here-first.com on July 28, 2012 at 10:23 AM
Supreme Ruler Of The Universe 9
South Seattle needs its own police with a make up that reflects its diversity.

The can no longer be controlled from Johannesburg ( derp, ur, Seattle).
Posted by Supreme Ruler Of The Universe http://www.you-read-it-here-first.com on July 28, 2012 at 10:17 AM
8
What's Wrong With This Picture?

1. seattle cops in 1230 use of force incidents commit illegal violence 20% of the time, that is, 230 times.
2. the number of officeres involved is hundreds, while some are repeat offenders in each case there are also other officers standing by not reporting it, sargeants not supervising it, etc.
3. DOJ sues and we settle.
4. not ONE office is disciplined or fired, and not ONE victim is identified or compensated.
5. Rewad to SPD is $5 million dollars in budget increase.

oh and maybe less violence in the future, we'll see.

Quite the hard bargain isn't it.
Posted by move right along.... on July 28, 2012 at 9:03 AM
Kinison 7
5 million is a FAR CRY from the 40 million he was pushing for the past few months. I will enjoy voting him out of office.
Posted by Kinison http://www.holgatehawks.com on July 28, 2012 at 8:09 AM
NaFun 6
@4 - under I-502, smoking pot in public is a $50 fine.
Posted by NaFun http://www.dancesafe.org on July 27, 2012 at 11:04 PM
5
Not much to see yet. So the can is kicked, and no fine is imminent. And...?
Posted by soul source on July 27, 2012 at 9:53 PM
watchout5 4
Feels like it has some teeth. It's possible after this 5 years that I feel safe around cops again. Hopefully by then weed will be legal and that can drop that bullshit too. I long for the day I be smoking a jay on my back porch and some officers on bikes stroll by making sure everything's ok and ask if there's anything I need. After telling them everything is fine they move on. It would be nice to feel safe doing that.
Posted by watchout5 http://www.overclockeddrama.com on July 27, 2012 at 8:17 PM
3
How am I ever going to rid myself of all this Mexican piss if these new standards are implemented?
Posted by beef rallard on July 27, 2012 at 7:54 PM
Catalina Vel-DuRay 2
Westlake, dear, while that would probably cause some retirements (not necessarily a bad thing) be careful what you wish for: the union would in all likelihood tie compensation to real estate prices or something like that. We could end up with a very expensive police force. Plus, how would you monitor it? Send home inspectors out periodically?

City employees used to be required to live in Seattle. I don't know when or why that went away, but it would be interesting to know.
Posted by Catalina Vel-DuRay http://www.danlangdon.com on July 27, 2012 at 7:28 PM
Westlake, son! 1
"The city will pay $5 million next year to implement reforms overall."

Can we please make it mandatory for SPD officers to reside in Seattle? Then the thuggery would be coming out of their own pockets. I can't believe we pay people to commute from Kent to Seattle to go around kicking our asses all day.
Posted by Westlake, son! on July 27, 2012 at 7:17 PM

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