A gun with Joseph's fingerprints was recovered from the scene, police said. Many in the Mott Haven community expressed shock, having seen the city struggle to equip its healthcare workers with personal protective equipment and their neighbors struggling to feed their families during the pandemic. [165] Detaining people in crowded conditions also increases their risk of exposure to Covid-19, especially when police officers were not wearing face masks and many of the protesters’ masks fell off or were pulled off during arrest. [119] Letter from election officials to legal observers on file with Human Rights Watch. When the bicycle police formed a line to block the marchers, these people were separated from the larger group. Jones would not move away from the body, prompting officers to shoot him, police said. [42] Stephen Rex Brown and Graham Rayman, “Ex-cop details NYPD ‘collar quotas’ – arrest black and Hispanic men, ‘no cuffs on soft targets’ of Jews, Asians, whites: court docs,” New York Daily News, December 5, 2019, https://www.nydailynews.com/new-york/nyc-crime/ny-nypd-quotas-lawsuit-20191205-osdwj4kounf5xkvurkj3wshqry-story.html (accessed August 18, 2020). [181] The NYPD’s Chief of Department Terence Monahan, who was present at the Mott Haven protest, told the Gothamist that the gasoline was actually found the night before the protest.[182]. See also, Department of Education dataset and map at Advocates for Children of New York, “New Data Show Number of NYC Students who are Homeless Topped 100,000 for the Fourth Consecutive Year,” October 28, 2019, https://www.advocatesforchildren.org/node/1403 (accessed September 22, 2020). SWAT officers then exchanged gunfire with Fain, and killed him during the exchange. The police held the protesters for days in a filthy bus depot on a Hudson River pier, and the charges against them were later dismissed. “They’re good to go!”[113] Footage also shows one legal observer attempting to show officers the attestation and multiple officers responding by knocking it out of her hand, twisting her arm behind her back, and slamming her to the ground. According to CBS affiliate WTSP, 26-year-old Jonas Joseph was shot and killed by Hillsborough County police following a traffic stop. Police said Jones shot another man who had passed him on the street. See also “The Report of the Independent Panel on the Disciplinary System of the New York City Police Department,” https://www.independentpanelreportnypd.net/pages/43.html (accessed August 25, 2020), p. 43. For the same reason, authorities should only engage in custodial arrests when strictly necessary. Body camera footage reportedly shows police shooting Soulemane as many as seven times. The arbitrary arrests of the protesters violated their right to peaceful assembly, not only before the curfew went into effect but potentially after the curfew, which could be considered an overly broad and vague restriction. Acevedo attempted to leave but got into a fight with someone else, and then the charged officer grabbed him around the neck, according to the complaint. The officer who shot Taylor, Jason Fletcher, has been charged with voluntary manslaughter. One of the police officers involved was fired in June after department officials determined he "wantonly and blindly" shot 10 rounds into the apartment without verifying that there was an "immediate threat.". [31] New York City Health Department, “Unintentional Drug Poisoning (Overdose) Deaths in New York City in 2018,” August 2019, https://www1.nyc.gov/assets/doh/downloads/pdf/epi/databrief116.pdf (accessed August 18, 2020). Many others in the van were in the same situation. “Then it’s kind of all a blur,” one protester said, recounting how a police officer punched him in the face, another twisted his finger and broke it, and a third pulled off his Covid-19 face mask and doused him with pepper spray. Monahan was a key player in the police operation at the time, when the same kettling and mass arrest tactics were deployed. The group instead continued east on 136th Street. [70] Human Rights Watch telephone interview with Mike Pappas, July 31, 2020; Human Rights Watch telephone interview with Andom Ghebreghiorgis, protester, June 8, 2020; Human Rights Watch telephone interview with Chantel Johnson, protester and Mott Haven resident, August 6, 2020. White allegedly refused to get on the ground and the officer then holstered his gun and wrestled White. Legal observers and volunteers providing jail support are human rights defenders who are protected under international human rights law and should never be targeted for this work. [59] Joe Hirsch, “Protestors’ Clash with Law Enforcement in Mott Haven Fuels Calls for Dismantling NYPD,” Mott Haven Herald, June 19, 2020, http://www.motthavenherald.com/2020/06/19/protesters-clash-with-law-enforcement-in-mott-haven-fuels-calls-for-dismantling-nypd/ (accessed August 26, 2020). [295] William Finnegan, “How Police Unions Fight Reform” New Yorker, July 27, 2020, https://www.newyorker.com/magazine/2020/08/03/how-police-unions-fight-reform (accessed August 30, 2020). Most were then transferred into a second and sometimes a third cell, and some were fingerprinted, before they were eventually released. Davis suffered a medical emergency while handcuffed, prompting officers to remove the restraints and administer CPR and Narcan, police said. When the officer arrived, he identified himself and pulled out a gun, telling White to get on the ground, prosecutors said. 60/147, U.N. Doc A/RES/60/147 (Dec. 16, 2005). The Fifth Amendment provides analogous protection with respect to conduct by federal officers and also provides certain other protections to pretrial detainees. [299] The covenant applies to federal, state, and local governments. Police said Fain fired at two state parole officers from a second-floor apartment. For these groups, FTP has had different meanings, including “Fuck the Police,” “Feed the People,” and “Free the People.”. [341] According to the Patrol Guide, “an individual CANNOT be arrested for (1) Taking photographs, videotaping, or making a digital recording; (2) Requesting or making notes of shield number or names of members of the service; (3) Criticizing the police or objecting to police activity; (4) Refusing to leave the area; or (5) Using crude or vulgar speech.” Legal observers are subject to arrest if there is a legitimate interference into police action. Police said Rosa was speeding and that the officers were unmarked because they were doing surveillance in the area. When they came across Brown, they said he became volatile and combative, the AP reported. [355] In June 2016, the NYPD revised its use of force policy as codified in Patrol Guide Procedures 221-01 and 221-02, which require that officers “[u]tilize de-escalation techniques when appropriate and consistent with personal safety, which may reduce or eliminate the need to use force, and increase the likelihood of gaining the subject’s voluntary compliance.”[356], The NYPD has also implemented anti-bias and de-escalation trainings. CBS Philadelphia reported that 47-year-old Claude Washington Fain III was fatally shot by SWAT officers after authorities said they attempted to serve a warrant for his arrest. As the Human Rights Committee has stated, “Only in exceptional cases may an assembly be dispersed. Community policing was a key recommendation in President Barack Obama’s Task Force on 21st Century Policing. See also Peter Senzamici, “Plastic Handcuff Used by NYPD During Anti-Brutality Protests Strikes a Nerve ,” The City, July 22, 2020, https://www.thecity.nyc/2020/7/22/21335083/plastic-handcuff-use-by-nypd-during-anti-brutality-protests-strikes-a-nerve (accessed August 26, 2020). The court further evaluated whether this specific conduct “produce[d] some law enforcement benefit that might outweigh the serious harm it causes.” The court concluded it did not, reasoning that while “[a]n officer in [the actor’s] position has a legitimate and substantial interest in apprehending an armed suspect and protecting himself and the public from possible harm, it was “not clear how kicking [the suspect] in the groin furthered either of them.”. [67] At this point, one observer counted two dozen police officers on the east side of 3rd Avenue between 148th and 149th Streets, and about 40 uniformed police officers on Morris Avenue between 149th and 150th Streets. While police eventually allowed at least three individuals who were taken away on stretchers to receive medical attention, most of those injured did not receive any immediate treatment. The department said officers tried to de-escalate the situation and convince Neal to put down the gun, but he then pointed the gun at officers and stood in a shooting position. Forms of police brutality have ranged from assault and battery (e.g., beatings) to mayhem, torture, and murder. Hughes was allegedly in a Wendy's dining area with a beer when managers said he was causing problems. 203, which requires all New York municipalities with a police agency to review current police force policies and procedures and develop a plan for improvement that addresses the needs of the communities they serve and any racial bias and disproportionate policing of communities of color; Assembly Bill A01360, which clarifies the rights of a person not under arrest or in the custody of law enforcement to record police activity and to maintain custody and control of that recording, along with any property or instruments used to record such police activities; and the Medical Attention for Persons Under Arrest bill, which amends the Civil Rights Law to create a cause of action for failure by law enforcement to provide proper medical treatment for people in their custody. Rosa then allegedly turned around, still pointing the gun. [209] The Strategic Response Group has a history of trying to suppress Black Lives Matter protests with aggressive tactics and military-grade equipment. The legal observers did not agree to this condition, but they were all eventually released within about 30 minutes of their apprehension.[118]. The Pierce County Medical Examiner said Ellis died of respiratory arrest because of physical restraint. [110] Confidential NLG Legal Observer statements on file with Human Rights Watch. According to the Associated Press, 44-year-old Tommie Dale McGlothen Jr. died after being repeatedly punched and tased by police officers. [322] After all, “[t]he hallmark of the protection of free speech is to allow ‘free trade in ideas’—even ideas that the overwhelming majority of people might find distasteful or discomforting.” Black, 538 U.S. at 358 (quoting Abrams v. United States, 250 U.S. 616, 630 (1919) (Holmes, J., dissenting)). Upon release, many were given a summons to appear in court for participating in an unlawful assembly, blocking traffic, and other minor offenses. [71] Human Rights Watch telephone Interview with doctor Mike Pappas, July 31, 2020; Human Rights Watch telephone interview with Emily Wint, New Yorker journalist at the protest, July 23, 2020. [329] Terebesi v. Torreso, 764 F.3d 217, 243 (2d Cir. Historically, efforts to reform police tactics have been hard-fought and often ignored by the NYPD, even when codified into law. [106], On June 1, the chief of staff for New York State Assembly member Dan Quart had emailed the chief of staff of the Mayor’s Office of State Legislative Affairs, Jenny Sobelman, asking whether those “who are doing jail, legal and medical support for arrested protestors” are exempt from the curfew. The officer claimed that he and Franklin were driving side by side when Franklin threatened to shoot him. Using databases from Mapping Police Violence and The Washington Post, CBS News has compiled a list of 164 Black men and women who were killed by police from January 1 to August 31, 2020. L.J. [210], Even the highest-ranking uniformed member of the NYPD, Chief of Department Terence Monahan, was on the scene and appears to have commanded the operation. [116] One described identifying themself to law enforcement as a legal observer, at which point a police officer “responded by grabbing at my notebook, and in the process tore out a number of pages. [146], Williams’ case highlights the more pernicious and potentially long-term effects when police arrest people wrongfully. A supervising officer in a white shirt aggressively grabbed Jones, put his hands around her neck, and then put her in a shoulder lock before throwing her to the ground. Washington spun out of control, and when police tried to surround the car, they said Washington rammed police vehicles and pinned an officer. 50. Taylor's wife left the bar without Taylor's knowledge. The police action during the Mott Haven protest may amount to violations of the First, Fourth, and Fourteenth Amendments to the constitution in retaliation against the protesters for exercising their rights to free speech and assembly, the use of excessive force, and violations of protesters’ due process rights. Our police brutality lawyers will listen to your story and advise you on how best to proceed with your claim. [11] Amnesty International, “USA: Law enforcement violated Black Lives Matter protesters’ human rights, documents acts of police violence and excessive Force,” August 4, 2020, https://www.amnesty.org/en/latest/news/2020/08/usa-law-enforcement-violated-black-lives-matter-protesters-human-rights/ (accessed September 10, 2020); Belkis Wille and Ida Sawyer, “The US Commits the Same Abuses it Condemns Abroad,” Human Rights Watch commentary, June 29, 2020, https://www.hrw.org/news/2020/06/29/us-commits-same-abuses-it-condemns-abroad; “ACLU Statement on Trump Tweet Directing the National Guard to Murder Protesters in Minneapolis,” ACLU press release, May 29, 2020, https://www.aclu.org/press-releases/aclu-statement-trump-tweet-directing-national-guard-murder-protesters-minneapolis (accessed September 10, 2020); “ACLU Comment on Federal Response to Portland Protests,” ACLU press release, July 17, 2020, https://www.aclu.org/press-releases/aclu-comment-federal-response-portland-protests (accessed September 10, 2020); “ACLU Sues Federal Agents in Portland,” ACLU press release, July 17, 2020, https://www.aclu.org/press-releases/aclu-sues-federal-agents-portland (accessed September 10, 2020); “Trump threatens use of military force,” Al Jazeera, June 9, 2020, https://www.aljazeera.com/programmes/newsfeed/2020/06/trump-threatens-military-force-200609125917432.html (accessed August 17,2020). In June 2020, Mayor de Blasio announced that a new policy mandates the release all body camera footage in instances when force is used and injury or death occurs. The MTA acknowledged our request but had not responded at time of writing. [212] Nolan Hicks and Natalie Musumeci, “De Blasio blames coronavirus while NYPD chief says new restrictions caused crime wave,” New York Post, July 6, 2020, https://nypost.com/2020/07/06/de-blasio-blames-nycs-bloody-weekend-crime-wave-on-coronavirus/ (accessed September 10, 2020); Tina Moore, “NYPD commish, chief of department blame shooting spike on bail reform, coronavirus, protests,” New York Post, June 30, 2020, https://nypost.com/2020/06/30/nypd-chief-blames-shooting-spike-on-bail-reform-coronavirus-and-protests/ (accessed September 11, 2020);Daniel Cassady, “NYPD Chief in Leaked Video: Cops Shouldn’t Worry About Chokehold Ban,” Forbes, July 24, 2020, https://www.forbes.com/sites/danielcassady/2020/07/24/nypd-chief-in-leaked-video-cops-shouldnt-worry-about-chokehold-ban/#7cafe151423d (accessed September 11, 2020); Amanda Woods and Natalie Musumeci, “NYPD’s Terence Monahan calls portion of anti-chokehold bill ‘dangerous,’” New York Post, July 8, 2020, https://nypost.com/2020/07/08/nypds-monahan-calls-part-of-anti-chokehold-bill-dangerous/ (accessed September 11, 2020). According to ABC affiliate KTRK and the Houston Chronicle, 28-year-old Zachery Anderson Jr. was fatally shot by Humble police who were responding to reports of a disturbance at Deerbrook Mall. [278] Brentin Mock, “How Cities Offload the Cost of Police Brutality,” City Lab, June 4, 2020, https://www.citylab.com/equity/2020/06/police-brutality-lawsuits-cities-settlements-credit-ratings/612301/ (accessed August 24, 2020). Police said that Hughes attacked an officer with a chair and that the officer then shot Hughes with a taser. [46] Lori Freshwater, “Residents Sound Off About Gentrification,” Mott Haven Herald, March 10, 2017, http://www.motthavenherald.com/2017/03/10/residents-sound-off-about-gentrification/ (accessed September 10, 2020); Ed García Conde, “CityViews: Residents, Not Investors, Revitalized Mott Haven.
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