28 April 2015

And in the Justice Department………

Eric Holder's DOJ has defended the police for every excessive use of force suit that has made it to the Supreme Court:
Teresa Sheehan was alone in her apartment at a mental health center, clutching what her lawyers said was a small bread knife and demanding to be left alone. San Francisco police officers, responding to a call from a social worker, forced open the door, blinded her with pepper spray and shot her.

It was the kind of violent police confrontation that Attorney General Eric H. Holder Jr. has frequently criticized in Cleveland; Albuquerque; Ferguson, Mo.; and beyond. But last month, when Ms. Sheehan’s civil rights lawsuit reached the Supreme Court, the Justice Department backed the police, saying that a lower court should have given more weight to the risks that the officers faced.

At the Supreme Court, where the limits of police power are established, Mr. Holder’s Justice Department has supported police officers every time an excessive-force case has made its way to arguments. Even as it has opened more than 20 civil rights investigations into local law enforcement practices, the Justice Department has staked out positions that make it harder for people to sue the police and that give officers more discretion about when to fire their guns.

Police groups see Mr. Holder as an ally in that regard, and that pattern has rankled civil rights lawyers, who say the government can have a far greater effect on policing by interpreting law at the Supreme Court than through investigations of individual departments.

“There is an inherent conflict between people at the Justice Department trying to stop police abuses and other people at the Justice Department convincing the Supreme Court that police abuses should be excused,” said Ronald L. Kuby, a Manhattan civil rights lawyer.
The department should not be routinely defending cops against allegations of excessive force before the Supreme Court.  It should be evaluating each case on its own merits, and making the decision only then.

It's current path is does not serve the citizenry.


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