Part II: Eric Garner: Resisting arrest or Resisting harassment

By Charles Brooks

The tragic death of Mr. Eric Garner that came as a result of the choke hold, an illegal police maneuver banned since 1994, continues to provoke nationwide outrage, particularly in black communities across the country.  Consider for a moment the reasons igniting this outrage – the excessive use of force leading to yet another death of an unarmed black man, along with the political support for police in the face of a blatant lack of accountability to these seemingly routine acts of police misconduct and murder.  But there’s deeper factor to consider, the historical roots that branches out to the limbs of indifference afforded to black life.

Mr. Garner’s death continues to spark outrage because of the many people who can relate and connect through personal experience – the thousands who have been stopped and harassed by the police - and lived to talk about it. The thousands of stories about controlling that feeling that just grips you when you see the bright flash of the red and blue lights in your rear view mirror. Or the harassment that comes with being repeatedly stopped and frisked.  Or the feeling of being fully aware that even the slightest encounter with the police can turn bad…and sometimes fatal.  This connection was played out when the video was being played over and over again to the collective nods of approval. People are outraged because they connected with Mr. Garner when he crossed his arms in front of him and told the police officers that it stops today…we all knew what he meant by ‘it’. Mr. Garner said to the officers: "...Every time you see me you want to wrestle with me.  I'm tired of it...it stops today...I'm minding my own business officer. Please leave me alone...I told you for the last time, please leave me alone."

 This is why Mr. Garner’s death continues to resonate with the public consciousness - because of their connection to a shared experience.  The outrage grew in the aftermath of Mr. Garner’s death when more videos displaying similar criminal acts by NYPD were released as well as chokehold statistics – 1022 chokehold incidents between 2009-1013.

There is nationwide  as well as international outrage at the indifference the police officers and medical personnel granted to Mr. Garner – they killed him and then watched him die. And thank goodness the indifference to Mr. Garner’s humanity was captured on video for all to see. Think about it for a second or two, despite all that occurred in the last 30 seconds or so before he was brought down to the ground – Mr. Garner thought the police would recognize his humanity, his cry out for help, seven or eight times he said he couldn’t breathe – but instead, the world witnessed the failure of the police officers to recognize his humanity.  The dismissal of Mr. Garner’s human rights for all to see has clearly struck a raw nerve in the collective public consciousness.

The video shows the police officers continuing to apply the pressure of their collective weight on him as he slowly breathed his last gasps of air. Then to further compound the tragedy – medical personnel appeared on the scene – and did nothing.  Further proof of Mr. Garner’s human rights denied for all to see, thanks to yet another video shot on the scene.  In the few minutes before Officer Daniel Pantaleo would apply the notorious chokehold that led to Mr. Garner’s death, you heard Mr. Garner say that ‘it’ stops today.  The ‘it’ rang loudly for all those who experienced encounters with the police – understanding that each encounter with NYPD is a possible life and death situation.  The ‘”it” represented the hundreds of thousands of incidents stemming from the harassment that came with being stopped and frisked.   What the public witnessed was not what appears as a resistance to arrest but a deeper resistance to police harassment. The people clearly understood what Mr. Garner said – and that he spoke for everyone who was harassed and killed by NYPD.   There is a considerable amount of weight behind Mr. Garner’s words when he said that I’m tired of this.                                         

The issue of police brutality has long roots in the black community going back many years when the police were the enforcers of Jim Crow and legal segregation.  The police were on the front lines of resistance to black liberation during the social movements of the Sixties – the socially transformational Civil and Black Power movements.  The police departments were an integral part of the COINTELPRO program.  The ‘it’ spoke to the long history of contentious relations between minority communities, particularly black communities and the police, not just in New York City but nationwide as well. But the ‘it’ also spoke to the nationwide capacity to protect the impunity of police violence visited on predominately black communities and the political support of the right to exert that police hostility and police violence. Oh yes, when Mr. Garner said, it stops today – he was speaking to and for all of us.

While there’s a fierce battle for the public perception around Mr. Garner’s death – the resistance to police brutality must frame these acts of police murder as human rights violations and recognize the humanity of black life.  There must be indictments and incarceration that comes with accountability – but this must be framed within a human rights context.  So the next time you hear or read news coverage about Mr. Garner’s resistance to arrest – just for a moment think to yourself: Was he resisting arrest or was he resisting harassment”? 

Resisting arrest or Resisting harassment (Part I)

'Shame on Them': DOJ Will Not Reopen Tamir Rice Case

"I think they're pitiful and pathetic, and at this point no one is going to get justice when it comes to police shootings in America," said Rice's mother.

Julia Conley

February 1, 2022                                                                                                                                                                                                                                             

The mother of Tamir Rice, who was shot to death at age 12 by a Cleveland, Ohio police officer, condemned the U.S. Department of Justice's decision not to reopen her son's case.  "Shame on them," Samaria Rice told Buzzfeed News Monday after receiving a letter from the DOJ regarding the Biden administration's decision. "I think they're pitiful and pathetic, and at this point no one is going to get justice when it comes to police shootings in America. It's disgusting I don't have an indictment for my 12-year-old son."

"Curing a defective state process... is consistent with the fundamental purpose of the federal civil rights laws and squarely within the mandate of the DOJ."

Assistant Attorney General Kristen Clarke, who heads the DOJ's Civil Rights Division, told the Rice family in a letter dated last Friday that federal prosecutors who looked at the case could not prove that Rice's civil rights were violated intentionally when he was shot and killed by the officer.

The letter referenced Section 242 of Title 18 in the U.S. Code, which states that "an officer acted ‘willfully’ if he did so with bad purpose—that is, with the specific intent to do something the law forbids—to deprive a person of their constitutional rights."

"After viewing, and exhaustively evaluating the available evidence in this matter," Clarke wrote, "career prosecutors determined that the federal government could not meet this high standard."

Rice was killed in 2014 after a witness called 911 to report that he was playing with a pellet gun outside a recreation center in Cleveland. Officer Timothy Loehmann shot and killed the boy less than two seconds after pulling up to the scene in a police car, according to video evidence.

The Trump administration said in December 2020 that it would not bring charges against the officer and a grand jury decided not to indict Loehmann as well.

The Cleveland Police Department has been under court-ordered supervision since 2015 after an investigation that began before Rice's killing found its officers had a "pattern or practice" of using excessive force and violating people's civil rights.

Samaria Rice sent four letters to the Biden administration asking the DOJ to reopen her son's case, citing the "long-standing and systemic excessive force problem" in the Cleveland Police Department as one reason to consider federal charges.

Fifty legal scholars signed one of the letters arguing that "covening a federal grand jury and prosecution under Section 242 is warranted."

The scholars cited two federal cases that demonstrate the fact of the case "satisfy the requirement" of Loehmann's intent to violate Rice's civil rights, including United States v. Couch:

The Sixth Circuit upheld jury instructions that explained the intent element to include "reckless disregard" of constitutional rights, and that intent could be inferred from circumstantial evidence. Specifically, the jury instructions in Couch included the explanation that "intent is a state of mind and can be proven by circumstantial evidence" and that it is "not necessary for you to find that the defendants were thinking in constitutional terms at the time of the incident, as a reckless disregard for a person’s constitutional rights is evidence of a specific intent to deprive that person of those rights."

In our view, the tragic and unnecessary shooting death of Tamir Rice presents an important opportunity for the Department to clarify and cement a clear, fair, and proper interpretation of Section 242 that fully realizes the purpose of the statute as enacted by Congress.

"Curing a defective state process—in this case, one that appears to have been impermissibly slanted to protect local white law enforcement officials from accountability in the shooting death of a young black child—is consistent with the fundamental purpose of the federal civil rights laws and squarely within the mandate of the DOJ," wrote the scholars.

This article originally appeared at CommonDreams.org. Originally published on February 2nd, 2022. It is licensed under a Creative Commons Attribution-Share Alike 3.0 License. 

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What really happened to Sandra Bland?

By Charles Brooks

We paid attention and took notice of the disturbing trend.  We read the stories and saw the videos of not only blatant police harassment but of vicious police violence visited not on Black men – but on Black and Brown women, as well.  All across the country we saw it over and over - Black women pushed, punched, kicked, and at times suffering this violence while being handcuffed by the police. In those cases that did manage to reach national attention, we saw that these Black women were college professors, house wives, bathing suit clad teenagers and yes – even pregnant Black women felt the brunt of this police violence. 

Where will the next Ferguson uprising take place?

By Charles Brooks

Michael Brown has finally been laid to rest after he was gunned down two weeks ago by Officer Darren Wilson in Ferguson, Missouri on August 9th.  You can only imagine what his parents, family, friends and those who knew him – have gone through in the last two weeks since that fateful day on August 9th.  Just like that, after an encounter with the police, his parents now have to deal with the grief and numbing sadness that comes with having to bury their 18 year old son.

Who would have thought or even have the foresight to see Michael Brown's murder – the death of yet another unarmed black youth by the hands of a police officer – as the trigger to a rebellious uprising in Ferguson? Who would have believed Brown’s death would peel back another scab of American hypocrisy for all to witness the bubbling infectious sore of American apartheid, racism, and social inequality?  Ferguson has clearly become a flashpoint where racial frustrations and deep seated tensions were unleashed in the face of aggressive and provocative policing.  Within hours after  Brown’s murder, the state response to the rebellious uprising quickly escalated into a domestic military operation – complete with the deployment of the National Guard.

Eric Garner: Resisting arrest or Resisting harassment (Part II)

By Charles Brooks

The tragic death of Mr. Eric Garner that came as a result of the choke hold – an illegal police maneuver banned since 1994 – continues to provoke nationwide outrage, particularly in black communities.  Consider for a moment, the reasons igniting this outrage – the excessive use of force leading to yet another death of an unarmed black man, and the political support for police in the face of a blatant lack of accountability to these seemingly routine acts of police misconduct and murder.  But there’s deeper factor to consider here – the historical roots that branches out to the limbs of indifference afforded to black life.

Mr. Garner’s death continues to spark outrage because of the many people who can relate and connect through personal experience – the thousands who have been stopped and harassed by the police - and lived to talk about it. The thousands of stories about controlling that feeling that just grips you when you see the bright flash of the red and blue lights in your rear view mirror. Or the harassment that comes with being repeatedly stopped and frisked.  Or the feeling of being fully aware that even the slightest encounter with the police can turn bad…and sometimes fatal.  This connection was played out when the video was being played over and over again to the collective nods of approval. People are outraged because they connected with Mr. Garner when he crossed his arms in front of him and told the police officers that it stops today…we all knew what he meant by ‘it’. Mr. Garner said to the officers: "...Every time you see me you want to wrestle with me.  I'm tired of it...it stops today...I'm minding my own business officer. Please leave me alone...I told you for the last time, please leave me alone."

This is why Mr. Garner’s death continues to resonate with the public consciousness - because of their connection to a shared experience.  The outrage grew in the aftermath of Mr. Garner’s death when more videos displaying similar criminal acts by NYPD were released as well as chokehold statistics – 1022 chokehold incidents between 2009-1013.

Stop & Frisk: Bloomberg Deception and fear mongering

Less than three months after U.S District Judge Shira Scheindlin ruled New York City’s controversial policing practice, stop and frisk

unconstitutional, the US Court of Appeals for the Second Circuit granted a stay on her ruling and went so far as to remove the judge from the case. The October 31st ruling blocks the numerous remedies outlined by Judge Scheindlin that would align the maligned police practice with the US Constitution until the whole appeals process plays itself out. This means, the appointment of monitor to oversee reforms, revised policies and training regarding stop and frisk and racial profiling, and the use of “body-worn cameras in a “pilot” project in one precinct per borough – “specifically the precinct with the highest number of stops during 2012” – would now be put on hold.