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Importance of supervision
Shooting of Michael Brown
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There have been numerous cases of police using deadly force in the headlines recently, from Michael Brown in St Louis, to Walter Scott in South Carolina, to Tamir Rice in Ohio. All three of these cases have similar story lines, African American males, who have been shot and killed by the police, however, one of them has a key difference that the other two don’t have. That key difference is the fact that Tamir Rice was a 12 year old boy, playing at a park. Throughout this paper, I will address the civil legal issues that the Officers involved with this case face while focusing on the active civil lawsuit filed by Tamir Rice’s Estate. To have a complete understanding of what occurred the day Tamir Rice was shot, lets first address the factual …show more content…
24). The action against Garmback for negligence also states that Officer Garmback owed a duty to act in a reasonable manner with regard to Rice’s health and safety and that “failing to properly apprise himself of the scene and scenario upon arriving to the incident, driving directly to the area in which Tamir Rice was seated without positioning the vehicle and officers in an area which provided cover to properly assess and handle the situation; failing to use appropriate levels of force; failure to properly assess levels of threat; failure to properly issue verbal commands; failure to properly identify oneself as an officer; failure to properly supervise Defendant Timothy Loehmann including failure to intervene; B) failing to summons immediate emergency medical care for Plaintiff Tamir Rice as he lay bleeding to death in the snow, and failure to respond to emergency medical needs of Tamir Rice and/or administer resuscitative measures and/or administer first aide;” (Rice Estate
On the above listed date and time, deputies arrived at Hampton County Medical Center, and made contact with the complainant regarding the above listed incident type. Deputies gathered the pertinent information needed to complete this report. The complainant and his mother wrote a voluntary statement. Photos were taken while at the Emergency Room. The complainant was issued a Victim’s Right’s Form along with a case number attached. Deputies attempted to make contact with the subject, no contact was made. Deputies cleared the call and resumed normal patrol duties.
The majority established this rationale by citing Kaisner Vs Kolb, McCain V. Florida Power Corps., City of Miami V. Horne, and Pinellas County written General Order A-9 as the basis for their reasoning. In these cases, with the exception of General Order A-9, the court opinion had been that law enforcement officers are liable for injuries caused by their own negligent or failure to adhere to standard public safety policy.
Facts: On October 3, 1974, Memphis Police Officers Hymon and Wright were dispatched to answer a “prowler inside call.” When the police arrived at the scene, a neighbor gestured to the house where she had heard glass breaking and that someone was breaking into the house. While one of the officer radioed that they were on the scene, the other officer went to the rear of the house hearing a door slam and saw someone run across the backyard. The suspect, Edward Garner stopped at a 6-feet-high fence at the edge of the yard and proceeded to climb the fence as the police officer called out “police, halt.” The police officer figured that if Garner made it over the fence he would get away and also “figured” that Garner was unarmed. Officer Hymon then shot him, hitting him in the back of the head. In using deadly force to prevent the escape of Garner, Hymon used the argument that actions were made under the authority of the Tennessee statute and pursuant to Police Department policy. Although the department’s policy was slightly more restrictive than the statute it still allowed the use of deadly force in cases of burglary. Garner’s fathers’ argument was made that his son was shot unconstitutionally because he was captured and shot possessing ten dollars that he had stolen and being unarmed showing no threat of danger to the officer. The incident was then reviewed by the Memphis Police Firearm’s Revie...
3). The law claims to be fair, impartial and concerned with neutrality and equality. (Hulbert, 2010). It is concerned with justice, but in reality seems to be discriminatory. Justice is a lot more than solving a situation that seems problematic but is also constituted by considerations of substantive justice. (Hulbert, 2010). The law, in theory, is objective and without bias but in practice can be opaque and discriminatory. Abdirahman Abdi 37-year old man is one of many to experience the cruel reality of the law and its practices. On Sunday, July 24th at 9:30 am the police received multiple calls about a disturbance at a coffee shop in Ottawa. The police arrived, pursued Abdirahman Abdi and arrested him 250 meters from his apartment building. Witnesses say that Abdirahman was beaten with a baton and pepper sprayed. A very graphic video showed Abdirahman on the ground handcuffed with blood surrounding him while the officer held him to the ground with a knee. One of the eyewitnesses Zainab Abdallah tried to intervene, she pleaded with the officers telling them that Abdi has a mental illness, but that did not deter them. Abdirahman was dead 45 minutes before receiving medical attention. What has been questioned by black lives matter
The drought was near historic high levels for the time of year. In the moments before the entrapment on of the squads and the crew boss trainee were working with a fire engine and its three person crew when a spot fire erupted right next to the road. The seven Northwest Regular Crew number six and a engine crew got in there vehicles and drove south past the fire along the edge of the road. While driving they radioed the other 14 crewmembers who were working north further up the river about the dangerous situation. The 14 crewmembers and the incident commander and two Northwest Regular number six squad members were suppressing spot fires between the river and the road ¼ mile north of the first squad when they were informed of the situation that was threatening there es...
Cheh, M. "Are lawsuits an answer to police brutality." Police violence: Understanding and controlling police abuse of force (1996): 247-72.
Many cases of police brutality where the victim is of different ethnicity can be highlighted more significantly. According to the book “Continuing the Struggle for Justice” (p.216), many people believe that the issue of race and police brutality should be treated as one and that on occasion police officers do...
While the police officers have rights to investigate suspect, the duty of care of the officers to suspect exist and the officers were under a legal obligation to exercise care for Mr. Hill. ...
In reference to a twelve year old named Tamir Rice being shot in Cleveland. The city rioted after finding that the accused police officer was deemed innocent in the murder of the twelve-year-old. This situation was visualized as "a pattern or practice of unreasonable and unnecessary use of force" and "the employment of poor and dangerous tactics that place officers in situations where avoidable force become inevitable."
The family of Michael Brown wanted justice for their son in which they felt was an unjust shooting. His mother was quoted expressing mistrust towards the police, "You 're not God. You don 't decide when you 're going to take somebody from here.” (McLaughlin, E. C. (2014, August 15) The family was obviously hurt by the shooting and wanted justice and support. The community began protesting the shooting and Officer Darren Wilson. Chaos broke out in Ferguson and a State of Emergency was issued. The community felt that the shooting was unjust and did not trust police officers. The community response to the shooting often attracted attention and made many political statements. Darren Wilson’s family were interested in maintaining his innocence. They hoped that the investigation would prove to the world that Wilson acted out of self-defense and did not violate Brown’s rights. The Criminal Justice system’s interests all hoped to create reforms and eliminate racism in police departments. On the local level many had to maintain safety in the community and assure proper police procedures. The state had to step into issue curfews and State of Emergencies to keep the state safe despite protests and riots as well as make sure Darren Wilson did not violate any laws of the state of Missouri. The state also hoped to create reforms to better race relations. On the federal level was the investigation which hoped to find out if the
In recent years American citizens have increasingly felt the need to protect themselves. This has led to laws being established in many states widely known as stand your ground laws. These laws allow citizens to take action if they feel their life is threatened or they are in potential harm, instead of retreating. Without doubt this has led to much controversy with individuals taking strong stances on both sides of the issue. Some feel it’s a necessity, while others take the opinion that it is unethical and needs to be repealed across all states. With many high profile cases such as the Treyvon Martin case, these laws have come under a lot of fire and scrutiny. Cynthia Tucker who is an African American visiting professor at the University of Georgia, experienced journalist and 2007 Pulitzer prize winner, has established her side of the issue in her article ‘Stand your Ground’ Laws Encourage Vigilantes. In her article Cynthia Tucker strongly takes the stance that Stand your ground laws should be repealed and lead gun totting vigilantes to spread bigotry and racial hate. The author of this article ineffectively demonstrates how ‘stand your ground’ laws have encouraged vigilantism due to her lack of evidence, biased opinions on the matter, and her poor claims related to the topic.
How would you feel if your child was killed ? While plauing inside of a park with a toy gun ? Well this is what happened to Tamir Rice . On November 23 , 2014 was the day Tamir Rice another young african-american boy was killed by the police. Due to the fact that the police fept very threatened by Tamir Rice , Just like all the other African-American men that were killed by the police. On this day some felt as if this case was justified and some felt it was unjustified. I felt that this case was unjustified because it was an racial crime , officer ignored proper procedure however ; his only threat was being a 12 year old with a toy gun.
On August 9th, 2014, 18 year old Michael Brown was shot by Officer Darren Wilson in Ferguson, Missouri, sparking protests, riots, and widespread debate on police use of force. Numerous questions arose as to whether Michael Brown was armed or unarmed, if he had his hands in the air or was attacking Officer Wilson, and whether Officer Wilson was justified in firing his weapon that resulted in the death of Michael Brown (Itkowitz). Twenty-two years have passed since the riots in Los Angeles after the officers involved in the beating of Rodney King were acquitted on charges of excessive force, and it left many to wonder, including myself, as to why this happened again. Why were there so many questions surrounding the incident and how this could
Police brutality has become crucial to the American justice system. The most controversial crimes are those related to police misconduct. In Policing with force, blogger Laura Saini argues that police brutality stems from race and racial profiling. She uses the popular story of Tamir Rice, a 12 year old boy who was unlawfully shot by a police officer to persuade the reader that police brutality is wrong. Human rights activist, Jesse Williams delivered a speech about racial issues that occur within our justice system. In Williams speech he references victims of police brutality to help relay the message that we need to enforce equal rights and justice in our country. In 50 essays, Ta-nehisi Coates writes The Paranoid Style of American Policing