courthousenews--2020-06-04--Minneapolis Protests Continue as More Charges Are Brought Against Officers

MINNEAPOLIS ( CN ) – Protests again carpeted the streets of Minneapolis Wednesday evening as the city went into its ninth day of mourning for George Floyd amid news that more charges were being brought against the former police officers who held him in custody .
The night took on a celebratory but determined atmosphere after Attorney General Keith Ellison announced that he would bring a second-degree murder charge against Derek Chauvin , who was filmed kneeling on Floyd ’ s neck for nearly nine minutes .
Ellison also announced aiding and abetting charges for the three other officers who @ @ @ @ @ @ @ Thomas Lane , Tou Thao and J. Alexander Kueng .
Chauvin was first charged with third-degree murder and manslaughter and arrested Friday .
Lane , Thao and Kueng were all in custody by the end of the day , according to jail records .
Bail was set to $ 1 million for all four .
The site of Floyd ’ s choking , which has been largely a peaceful locale throughout nine days of turmoil and six days of curfews resembled a street fair .
Artists worked on huge projects alongside the existing @ @ @ @ @ @ @ The way to the intersection of Chicago Avenue and 38th Street featured two women burning sage .
Music played as a food truck handed out meals , and volunteers provided water and food to the gathered community , including a group of barbecuers diagonal from the Cup Foods corner store where Floyd was killed .
“ This has been considered a sacred space , ” said Jessica Fischer .
The group of grillers , Beto Limon , brothers Jay and Damy Vega , and one other who declined to give his name , @ @ @ @ @ @ @ All five live in the neighborhood , Fischer said , and had watched as Floyd ’ s death and the riots , fires and police suppression that followed hit their community .
“ This has affected us a lot , emotionally , ” she said , “ but it ’ s been awesome , getting to know people that maybe we wouldn ’ t normally talk to.
” The unnamed man estimated that they ’ d served hot dogs , brats , burgers and veggie alternatives to about 80 people .
The Vega @ @ @ @ @ @ @ 100 and 200 .
That site went undisturbed all night by police and national guard enforcing curfew .
Since curfews began , it has been cleared only once with tear gas and rubber bullets .
Peace and community were not the only words of the day , however .
Even at that spot , speakers emphasized that four arrests , or even four convictions , were not enough .
In an impromptu speech in a gas station parking lot , U.S. Representative Ilhan Omar called on those gathered to push for systemic change @ @ @ @ @ @ @ be easily attained .
“ We ’ re not asking for anything extra .
Equal treatment under the law , ” she said .
“ In order for us to re-imagine [ the future ] , and to build something anew… we have to have clarity .
We need to be strategic .
And methodical.
” Omar elucidated a little on what that clarity would look like .
“ They will want to talk about the riots .
They will want to talk about buildings burning .
But we are going to talk @ @ @ @ @ @ @ .
North of the vigil site in downtown Minneapolis , some leaders of the city ’ s black community took aim at another institution they said contributed to the police ’ s ability to act with impunity : the media .
Former Minneapolis NAACP president and 2017 mayoral candidate Nekima Levy-Armstrong led a march from the office of local CBS affiliate WCCO-TV , where protesters demanded that the network fire anchor Liz Collins .
Collins is married to Bob Kroll , the president of the Minneapolis Police Officer ’ s Federation .
The @ @ @ @ @ @ @ by the union ’ s 800 members to three consecutive terms beginning in 2015 , has faced widespread criticism after he called the protests a “ terrorist movement , ” and Floyd a “ violent criminal ” in a letter to members Monday .
Calls for Kroll to resign have come from former police chief Janee Harteau , who called him “ a disgrace to the badge , ” Minnesota AFL-CIO president Bill McCarthy , who said “ we can only expect more deaths under his leadership , ” and much of the @ @ @ @ @ @ @ , many demonstrators could be heard quoting a local comedian ’ s moderately viral song — arguably a spoken-word piece — about Kroll .
WCCO made a statement about the issue to local site Bring Me The News , in which it pointed to Collins ’ 2019 defense against accusations of a conflict of interest .
“ I haven ’ t reported on stories about the Minneapolis Police or the police union for the last two years , ” Collins said .
“ I should also note that nothing that goes on the @ @ @ @ @ @ @ person.
” Myles Bryant , who attended the march , said that wasn ’ t enough .
“ I feel like if Minneapolis wants to be a progressive city , we need to have progressive media , ” he said .
“ With the information we have on the two of them , that ’ s not adequate.
” Other media outlets were not overlooked .
Levy-Armstrong , with a crowd of hundreds , continued toward the headquarters of the Minneapolis Star Tribune , where she and others decried the paper for reprinting @ @ @ @ @ @ @ for comparing her , in her eyes unfairly , to fellow mayoral candidate Ray Dehn in the 2017 election .
The press and police were not the only targets at that rally , either .
At that site , chief public defender Mary Moriarty said the justice system simply wasn ’ t equipped to deal with the abuses of police .
“ I ’ m part of a system filled with racial disparities , ” she said .
“ This isn ’ t just about the Minneapolis Police Department… .
We see abuses @ @ @ @ @ @ @ abuses in court , but not enough.
” “ Either a lawyer is a social engineer , or he ’ s a parasite , ” she said .
“ And we ’ ve got too many damn parasites .
”

Protests again carpeted the streets of Minneapolis Wednesday evening as the city went into its ninth day of mourning for George Floyd amid news that more charges were being brought against the former police officers who held him in custody.
MINNEAPOLIS (CN) — Protests again carpeted the streets of Minneapolis Wednesday evening as the city went into its ninth day of mourning for George Floyd amid news that more charges were being brought against the former police officers who held him in custody.
The night took on a celebratory but determined atmosphere after Attorney General Keith Ellison announced that he would bring a second-degree murder charge against Derek Chauvin, who was filmed kneeling on Floyd’s neck for nearly nine minutes. Ellison also announced aiding and abetting charges for the three other officers who participated in Floyd’s arrest, Thomas Lane, Tou Thao and J. Alexander Kueng.
Chauvin was first charged with third-degree murder and manslaughter and arrested Friday. Lane, Thao and Kueng were all in custody by the end of the day, according to jail records. Bail was set to $1 million for all four.
The site of Floyd’s choking, which has been largely a peaceful locale throughout nine days of turmoil and six days of curfews resembled a street fair. Artists worked on huge projects alongside the existing mural of Floyd’s face. The way to the intersection of Chicago Avenue and 38th Street featured two women burning sage. Music played as a food truck handed out meals, and volunteers provided water and food to the gathered community, including a group of barbecuers diagonal from the Cup Foods corner store where Floyd was killed.
“This has been considered a sacred space,” said Jessica Fischer.
The group of grillers, Beto Limon, brothers Jay and Damy Vega, and one other who declined to give his name, asked her to speak for them. All five live in the neighborhood, Fischer said, and had watched as Floyd’s death and the riots, fires and police suppression that followed hit their community.
“This has affected us a lot, emotionally,” she said, “but it’s been awesome, getting to know people that maybe we wouldn’t normally talk to.”
The unnamed man estimated that they’d served hot dogs, brats, burgers and veggie alternatives to about 80 people. The Vega brothers disagreed, ballparking a figure between 100 and 200.
That site went undisturbed all night by police and national guard enforcing curfew. Since curfews began, it has been cleared only once with tear gas and rubber bullets.
Peace and community were not the only words of the day, however. Even at that spot, speakers emphasized that four arrests, or even four convictions, were not enough.
In an impromptu speech in a gas station parking lot, U.S. Representative Ilhan Omar called on those gathered to push for systemic change, and warned that it would not be easily attained.
“We’re not asking for anything extra. Equal treatment under the law,” she said. “In order for us to re-imagine [the future], and to build something anew… we have to have clarity. We need to be strategic. And methodical.”
A crowd gathered to hear Ilhan Omar give an impromptu speech at the Speedway gas station across from the site where Derek Chauvin knelt on George Floyd’s neck on the evening of Memorial Day. (Courthouse News Service photo/Andy Monserud)
Omar elucidated a little on what that clarity would look like.
“They will want to talk about the riots. They will want to talk about buildings burning. But we are going to talk about George Floyd,” she said.
North of the vigil site in downtown Minneapolis, some leaders of the city's black community took aim at another institution they said contributed to the police’s ability to act with impunity: the media. Former Minneapolis NAACP president and 2017 mayoral candidate Nekima Levy-Armstrong led a march from the office of local CBS affiliate WCCO-TV, where protesters demanded that the network fire anchor Liz Collins.
Collins is married to Bob Kroll, the president of the Minneapolis Police Officer’s Federation. The union leader, who has been elected by the union’s 800 members to three consecutive terms beginning in 2015, has faced widespread criticism after he called the protests a “terrorist movement,” and Floyd a “violent criminal” in a letter to members Monday.
Calls for Kroll to resign have come from former police chief Janee Harteau, who called him “a disgrace to the badge,” Minnesota AFL-CIO president Bill McCarthy, who said “we can only expect more deaths under his leadership,” and much of the Minneapolis City Council.
At the march, many demonstrators could be heard quoting a local comedian’s moderately viral song — arguably a spoken-word piece — about Kroll.
WCCO made a statement about the issue to local site Bring Me The News, in which it pointed to Collins’ 2019 defense against accusations of a conflict of interest.
“I haven’t reported on stories about the Minneapolis Police or the police union for the last two years,” Collins said. “I should also note that nothing that goes on the air is the work of just one person.”
Myles Bryant, who attended the march, said that wasn’t enough.
“I feel like if Minneapolis wants to be a progressive city, we need to have progressive media,” he said. “With the information we have on the two of them, that’s not adequate.”
Windows at Chicago Avenue’s Dragon Wok remained unboarded and untouched at the site where protesters have gathered to mourn George Floyd for nine days straight. (Courthouse News Service photo/Andy Monserud)
Other media outlets were not overlooked. Levy-Armstrong, with a crowd of hundreds, continued toward the headquarters of the Minneapolis Star Tribune, where she and others decried the paper for reprinting police information without questioning its validity and for comparing her, in her eyes unfairly, to fellow mayoral candidate Ray Dehn in the 2017 election.
The press and police were not the only targets at that rally, either. At that site, chief public defender Mary Moriarty said the justice system simply wasn’t equipped to deal with the abuses of police.
“I’m part of a system filled with racial disparities,” she said. “This isn’t just about the Minneapolis Police Department…. We see abuses every day, and we mitigate those abuses in court, but not enough.”
Levy-Armstrong took a more direct tack.
“Either a lawyer is a social engineer, or he’s a parasite,” she said. “And we’ve got too many damn parasites.”


courthousenews--2020-06-04--New Orleans Peaceful Protest Ends With Tear Gas Shot Into Crowd

NEW ORLEANS ( CN ) – Thousands gathered in downtown New Orleans Wednesday for another night of demonstrations sparked by national outrage after the killing of George Floyd on Memorial Day , a black man who cried out for his mama as police officers kneeled on his chest and neck until he died .
Demonstrations in the Big Easy have been peaceful , in contrast to reports of looting and violence in other cities nationwide , but Wednesday ’ s demonstration was different .
Late in the evening , protesters walked into traffic to block the I-10 when tear gas @ @ @ @ @ @ @ New Orleans Police Department .
The measure came after several nights of peaceful demonstrations .
Earlier in the day , after listening to speeches in Duncan Plaza across the street from city hall , the protesters filed into the street and began marching toward St. Charles Avenue , where police appeared to be giving the demonstrators room as they marched .
Wednesday marked the fourth day of demonstrations .
Each has drawn thousands of people .
Many at Duncan Plaza Wednesday said this was the first they attended and that they came out @ @ @ @ @ @ @ Some also said they came in support of family members .
As with other nights , masks were worn and people tried to distance themselves , though in the thick of the crowd people drew close together .
Tuesday night ’ s demonstration led to protesters blocking traffic on the I-10 , with police support .
A spokesperson for the New Orleans Police Department confirmed following Tuesday night ’ s demonstration that there were “ no arrests and no incidents.
” Police on Tuesday also said they are in solidarity with demonstrators .
@ @ @ @ @ @ @ ’ t believe the pledge .
She led the crowd through chants of “ fuck capitalism , fuck the police ” and said the police “ perpetuate terror ” for poor people – all poor people , whether they be brown , black or white .
“ They are here to control ; here to brutalize , here to put fear in the people , ” she said .
“ They are here to protect property – not you !
” “ Do you think the NOPD are really our friends ?
” @ @ @ @ @ @ @ ” Kenlaw listed the names of black people killed by police as the crowd continued the call and response .
The list included Modesto Reyes , 35 , who was shot to death last Friday by Jefferson Parish police during a traffic stop in a town outside New Orleans .
“ In order to have them leave us alone , we have to stay vigilant to ourselves , and to our lives , ” she said .
“ We take the time to fight because we imagine with our minds the world that @ @ @ @ @ @ @ said later .
A black man with a thick greying beard who watched the crowd from the distance Wednesday and identified himself by the name Nat Turner , in reference to Nat Turner ’ s slave rebellion , said the demonstrations are necessary and also inevitable .
He spoke of the problem as pertaining to property , spanning back to slavery when white people could purchase African Americans .
He said it is a matter of the slave-owning mentality , of the terror and brutality , having to go .
Agreeing with the @ @ @ @ @ @ @ as it is has to break through to the world as it can be .
“ The shit is hitting the fan .
The shit got to hit the fan .
It ’ s simple , ” he said .
“ I think everybody understands what ’ s happening in this country , ” he said .
“ This is the prelude to a revolution .
”

Thousands gathered in downtown New Orleans Wednesday for another night of demonstrations sparked by national outrage after the killing of George Floyd on Memorial Day, a black man who cried out for his mama as police officers kneeled on his chest and neck until he died.
NEW ORLEANS (CN) — Thousands gathered in downtown New Orleans Wednesday for another night of demonstrations sparked by national outrage after the killing of George Floyd on Memorial Day, a black man who cried out for his mama as police officers kneeled on his chest and neck until he died.
Demonstrations in the Big Easy have been peaceful, in contrast to reports of looting and violence in other cities nationwide, but Wednesday’s demonstration was different.
Late in the evening, protesters walked into traffic to block the I-10 when tear gas was sprayed into the crowd by the New Orleans Police Department. The measure came after several nights of peaceful demonstrations.
Earlier in the day, after listening to speeches in Duncan Plaza across the street from city hall, the protesters filed into the street and began marching toward St. Charles Avenue, where police appeared to be giving the demonstrators room as they marched.
Wednesday marked the fourth day of demonstrations. Each has drawn thousands of people. Many at Duncan Plaza Wednesday said this was the first they attended and that they came out to show their support against brutality.
Some also said they came in support of family members. As with other nights, masks were worn and people tried to distance themselves, though in the thick of the crowd people drew close together.
Tuesday night’s demonstration led to protesters blocking traffic on the I-10, with police support. A spokesperson for the New Orleans Police Department confirmed following Tuesday night’s demonstration that there were “no arrests and no incidents.”
Police on Tuesday also said they are in solidarity with demonstrators. But at least one speaker Wednesday didn't believe the pledge.
Thousands marched in a peaceful protest in New Orleans on Wednesday. (Courthouse News Service photo/Sabrina Canfield)
“I call bullshit” on police solidarity, protester Angela Kenlaw said.
She led the crowd through chants of “fuck capitalism, fuck the police” and said the police “perpetuate terror” for poor people — all poor people, whether they be brown, black or white.
“They are here to control; here to brutalize, here to put fear in the people,” she said. “They are here to protect property — not you!”
“Do you think the NOPD are really our friends?” The crowd answered, “No!”
Kenlaw listed the names of black people killed by police as the crowd continued the call and response. The list included Modesto Reyes, 35, who was shot to death last Friday by Jefferson Parish police during a traffic stop in a town outside New Orleans.
“In order to have them leave us alone, we have to stay vigilant to ourselves, and to our lives,” she said.
“We take the time to fight because we imagine with our minds the world that we want to create,” Kenlaw said later.
A black man with a thick greying beard who watched the crowd from the distance Wednesday and identified himself by the name Nat Turner, in reference to Nat Turner’s slave rebellion, said the demonstrations are necessary and also inevitable.
He spoke of the problem as pertaining to property, spanning back to slavery when white people could purchase African Americans. He said it is a matter of the slave-owning mentality, of the terror and brutality, having to go. Agreeing with the speaker, the man said the world as it is has to break through to the world as it can be.
“The shit is hitting the fan. The shit got to hit the fan. It’s simple,” he said.
“I think everybody understands what’s happening in this country,” he said. “This is the prelude to a revolution.”


courthousenews--2020-06-04--A Borough Apart in New York, a Massive Nine-Minute Vigil and an Eruption of Outrage

NEW YORK ( CN ) – Roughly half an hour before curfew descended on New York City , hundreds gathered in shadow of the Queensboro Bridge on Wednesday , got down on one knee , and kept locked in that position for nine full minutes , a grim commemoration of the act that sparked a nation into protest .
It was the same position assumed by former Minnesota police officer Derek Chauvin , who knelt on George Floyd ’ s neck for that amount of time until the unarmed black man died at the age of 46 .
“ I @ @ @ @ @ @ @ George Floyd , to tell you the truth , ” Andre Stiff , a black man three years Floyd ’ s senior , said of the moments of silence .
“ I was imagining how could that possibly feel with someone holding me and constricting my breathing for nine minutes , handcuffed , and couldn ’ t do a thing .
Couldn ’ t fight back.
” Stiff took an emotional pause before added : “ It ’ s mind-blowing.
” During those silent minutes , demonstrators kept mostly still .
Some took @ @ @ @ @ @ @ bordering the East River and overlooking Roosevelt Island and Manhattan .
Some held up homemade placards with the slogans “ Black Lives Matter ” and “ Fight for Black Lives.
” One sign read simply “ 8:46 , ” the minutes and seconds that Chauvin ’ s knee remained on Floyd ’ s neck .
Just hours before the vigil , Minnesota ’ s Attorney General Keith Ellison unveiled charges that answered the demands of some of the protesters across the country by stiffening Chauvin ’ s top count from murder in the @ @ @ @ @ @ @ .
Ellison charged the three other officers with aiding and abetting .
For Aafia Chaudury , who organized Wednesday ’ s event , the timing of the occasion was secondary to her need to take action .
“ So , whether it was today , whether it was any other day , I don ’ t think that was as important to me , ” she said .
“ But I can ’ t just sit around at home and not do anything .
To me , I have to go home at @ @ @ @ @ @ @ ‘ Did I actually make a difference ?
’ and so this was just one small part one small step in that direction.
” As federal and some local authorities have—without evidence—blamed outside agitators for civil unrest , Chaudury emphasized that Long Island City—where the park is located—is her neighborhood .
“ We had started our own neighborhood mutual aid organization , so we ’ ve been supporting the neighbors with food security and the elderly community here during Covid-19 , ” said Chaudury , who works for the pharmaceutical company Regeneron .
@ @ @ @ @ @ @ helps run errands for homebound people like grocery shopping , pharmacy pick-ups , and laundry .
The grip of the pandemic was evident throughout the demonstration .
Nearly everybody wore face masks or had personal protective equipment .
Multiple people showed up in doctors ’ and nurses ’ scrubs and uniforms .
“ And so , with everything that ’ s happening , we felt that it was really like our neighbors needed like a space and a forum to express grief of everything that ’ s happening , ” Chaudury added .
@ @ @ @ @ @ @ into the city or is near Brooklyn to participate in marches .
So we wanted to do something local.
” Throughout the United States , the public has gotten a starkly different picture of public protest than the vigil , which ended with a reminder of curfew and kind interactions between the organizer and New York City police .
That was not the tenor of the protest in Brooklyn , where protesters called attention to a different shooting by police that has inspired less national attention : black EMT Breonna Taylor , whom @ @ @ @ @ @ @ so-called “ no knock ” warrant at her Louisville home .
A few hundred protesters gathered at 3:00 pm in the Crown Heights neighborhood in central Brooklyn , where they collected on both sides of the four lanes of traffic on Eastern Parkway , cheering as cars honked their support before mobbing on to the streets and marching down Bedford Avenue into oncoming traffic .
“ Say her name !
” the peaceful demonstrators called out to the response of “ Breonna Taylor !
” interspersed with chants of “ George Floyd !
@ @ @ @ @ @ @ frustration with the New York Police Department without resorting to any acts of violence or destruction along six-mile walking route Wednesday afternoon .
“ How do you spell racist ?
N.Y.P.D .
!
” the marchers shouted in call-and-response , alternately calling out “ How do you spell murderers , N.Y.P.D .
!
” “ No Justice , No Peace !
– Fuck These Racists Ass Police , ” was chanted repeatedly throughout the day , as was the omnipresent “ Hey Hey , Ho Ho , All These Cops Have Got To @ @ @ @ @ @ @ Matter movement and accompanying slogan were referenced throughout the day in demonstrators ’ chants and handmade signs , as well as on posters on the doors and windows of sympathetic , allied neighborhood businesses .
By the time the group got several miles down Bedford Avenue to where the historically black Bedford-Stuyvesant neighborhood turns into the Orthodox Jewish enclave of South Williamsburg , the group had grown into the thousands .
The crowd was somewhat mixed racially although predominately comprised of white marchers trailed by several dozen NYPD vehicles .
The demonstrators called @ @ @ @ @ @ @ black people by police as well as the defunding and disarming of the New York Police Department .
The route went three miles North through McCarren Park and into the mostly white and Polish neighborhood of Greenpoint before turning back around and concluding along the East River waterfront directly in front the of Williamsburg Bridge an hour before the city ’ s 8:00 pm curfew .
In the wake of recent attention brought by Taylor ’ s death and the unrest sparked by the killing of George Floyd , activists have called on @ @ @ @ @ @ @ warrants , which allow law enforcement to enter a property without immediate prior notification of the residents , such as by knocking or ringing a doorbell .
The late American soul singer Gil Scott Heron called out the same police practice nearly 50 years ago in his 1972 song /poem “ No Knock ” , which he wryly dedicated on an album to John Mitchell , the 67th Attorney General under President Richard Nixon .
“ No-knocked on my brother Fred Hampton , Bullet holes all over the place , No-knocked on my @ @ @ @ @ @ @ shotgun against his skull , ” Heron rapped over bongo drums and flute , referencing the 1969 killing of Hampton , an iconic 1960s civil rights activist and deputy chairman of the Black Panther Party .

Roughly half an hour before curfew descended on New York City, hundreds gathered in shadow of the Queensboro Bridge on Wednesday, got down on one knee, and kept locked in that position for nine full minutes, a grim commemoration of the act that sparked a nation into protest.
NEW YORK (CN) – Roughly half an hour before curfew descended on New York City, hundreds gathered in shadow of the Queensboro Bridge on Wednesday, got down on one knee, and kept locked in that position for nine full minutes, a grim commemoration of the act that sparked a nation into protest.
It was the same position assumed by former Minnesota police officer Derek Chauvin, who knelt on George Floyd’s neck for that amount of time until the unarmed black man died at the age of 46.
“I was actually locked in the mind of George Floyd, to tell you the truth,” Andre Stiff, a black man three years Floyd’s senior, said of the moments of silence. “I was imagining how could that possibly feel with someone holding me and constricting my breathing for nine minutes, handcuffed, and couldn't do a thing. Couldn't fight back.”
Stiff took an emotional pause before adding: “It’s mind-blowing.”
During those silent minutes, demonstrators kept mostly still. Some took photographs of the peaceful Queensbridge Park, bordering the East River and overlooking Roosevelt Island and Manhattan. Some held up homemade placards with the slogans “Black Lives Matter” and “Fight for Black Lives.” One sign read simply “8:46,” the minutes and seconds that Chauvin’s knee remained on Floyd’s neck.
By the time the march reached North Williamsburg, the crowd had grown to thousands spanning several blocks along Wythe Avenue. (Courthouse News Service photo/Josh Russell)
Just hours before the vigil, Minnesota’s Attorney General Keith Ellison unveiled charges that answered the demands of some of the protesters across the country by stiffening Chauvin’s top count from murder in the third degree to murder in the second. Ellison charged the three other officers with aiding and abetting.
For Aafia Chaudury, who organized Wednesday’s event, the timing of the occasion was secondary to her need to take action.
“So, whether it was today, whether it was any other day, I don't think that was as important to me,” she said. “But I can't just sit around at home and not do anything. To me, I have to go home at night and sleep at night thinking, 'Did I actually make a difference?' and so this was just one small part one small step in that direction.”
As federal and some local authorities have — without evidence — blamed outside agitators for civil unrest, Chaudury emphasized that Long Island City — where the park is located — is her neighborhood.
“We had started our own neighborhood mutual aid organization, so we've been supporting the neighbors with food security and the elderly community here during Covid-19,” said Chaudury, who works for the pharmaceutical company Regeneron.
That mutual aid group, LIC Support, helps run errands for homebound people like grocery shopping, pharmacy pick-ups, and laundry. The grip of the pandemic was evident throughout the demonstration. Nearly everybody wore face masks or had personal protective equipment. Multiple people showed up in doctors’ and nurses’ scrubs and uniforms.
“And so, with everything that's happening, we felt that it was really like our neighbors needed like a space and a forum to express grief of everything that's happening,” Chaudury added. “And not everybody wants to go into the city or is near Brooklyn to participate in marches. So we wanted to do something local.”
Protesters observed nine minutes of silence on Wednesday. (Courthouse News Service photo/Adam Klasfeld)
Throughout the United States, the public has gotten a starkly different picture of public protest than the vigil, which ended with a reminder of curfew and kind interactions between the organizer and New York City police.
That was not the tenor of the protest in Brooklyn, where protesters called attention to a different shooting by police that has inspired less national attention: black EMT Breonna Taylor, whom Kentucky police officers fatally shot while executing so-called “no knock” warrant at her Louisville home.
A few hundred protesters gathered at 3 p.m. in the Crown Heights neighborhood in central Brooklyn, where they collected on both sides of the four lanes of traffic on Eastern Parkway, cheering as cars honked their support before mobbing on to the streets and marching down Bedford Avenue into oncoming traffic.
Black Lives Matter demonstrators gathered peacefully on Wednesday along Eastern Park in Crown Heights, Brooklyn. (Courthouse News Service photo/Josh Russell)
“Say her name!” the peaceful demonstrators called out to the response of “Breonna Taylor!” interspersed with chants of “George Floyd!”
The marchers aired their anger and frustration with the New York Police Department without resorting to any acts of violence or destruction along six-mile walking route Wednesday afternoon.
“How do you spell racist? N-Y-P-D!” the marchers shouted in call-and-response, alternately calling out “How do you spell murderers, N-Y-P-D!”
“No Justice, No Peace! — Fuck These Racist-Ass Police,” was chanted repeatedly throughout the day, as was the omnipresent “Hey Hey, Ho Ho, All These Cops Have Got to Go!”
The ubiquitous Black Lives Matter movement and accompanying slogan were referenced throughout the day in demonstrators’ chants and handmade signs, as well as on posters on the doors and windows of sympathetic, allied neighborhood businesses.
By the time the group got several miles down Bedford Avenue to where the historically black Bedford-Stuyvesant neighborhood turns into the Orthodox Jewish enclave of South Williamsburg, the group had grown into the thousands. The crowd was somewhat mixed racially although predominately comprised of white marchers trailed by several dozen NYPD vehicles.
Protesters take a knee to honor George Floyd, who was killed while in police custody. (Courthouse News Service photo/Adam Klasfeld)
The demonstrators called for the end of the killing of black people by police as well as the defunding and disarming of the New York Police Department.
The route went three miles North through McCarren Park and into the mostly white and Polish neighborhood of Greenpoint before turning back around and concluding along the East River waterfront directly in front the of Williamsburg Bridge an hour before the city’s 8 p.m. curfew.
In the wake of recent attention brought by Taylor’s death and the unrest sparked by the killing of George Floyd, activists have called on lawmakers nationwide to regulate or abolish such warrants, which allow law enforcement to enter a property without immediate prior notification of the residents, such as by knocking or ringing a doorbell.
The late American soul singer Gil Scott Heron called out the same police practice nearly 50 years ago in his 1972 song /poem “No Knock,” which he wryly dedicated on an album to John Mitchell, the 67th attorney general under President Richard Nixon.
“No-knocked on my brother Fred Hampton, Bullet holes all over the place, No-knocked on my brother Michael Harris, and jammed a shotgun against his skull,” Heron rapped over bongo drums and flute, referencing the 1969 killing of Hampton, an iconic 1960s civil rights activist and deputy chairman of the Black Panther Party.


courthousenews--2020-06-04--Ninth Circuit Vacates EPA Approval of Dicamba Pesticide

( CN ) – The Ninth Circuit dealt a blow to chemical company Monsanto Wednesday when it vacated the Environmental Protection Agency ’ s approval of the controversial pesticide dicamba , saying the agency failed to properly assess the risks of its widespread chemical use .
A three-judge panel unanimously vacated the EPA approval of dicamba , an herbicide that has caused issues not so much because of its toxicity to humans , but because of its tendency to drift when applied , thereby damaging neighboring crops .
“ A review of the record shows that the EPA substantially understated @ @ @ @ @ @ @ U.S .
Circuit Judge William Fletcher wrote .
“ The review also shows that the EPA entirely failed to acknowledge other risks.
” Dicamba was developed by Monsanto , now called Bayer Crop Science , in response to the trend of several weeds developing resistance to glyphosate , sold commercially as Round-Up .
Scientists at Monsanto genetically engineered soybean and cotton seeds that were resistant to dicamba .
That way when farmers planted those seeds , they could be sure that when they sprayed dicamba , it would only kill plants without the @ @ @ @ @ @ @ in an isolated field scenario , the problem comes when dicamba drifts into neighboring fields and damages the cash crops of farmers who are not using dicamba seeds .
This problem led Arkansas and Missouri to ban the use of dicamba in 2017 .
A peach farmer from Cape Girardeau , Missouri , won a multimillion lawsuit against Monsanto in January after a judge agreed the chemical decimated the farmer ’ s orchard .
In 2018 , though , farmers planted approximately 56 million acres of dicamba-resistant cotton and soybean seeds across the @ @ @ @ @ @ @ litany of complaints from farmers who did not use such seeds but whose crops were hurt by dicamba drift .
On Wednesday , the Ninth Circuit said the EPA dramatically understated the damage done during the 2018 growing season .
“ The EPA ’ s conclusion that complaints to state departments of agriculture of dicamba damage could have either under-reported or over-reported the actual amount of damage is not supported by substantial evidence , ” Fletcher wrote .
“ The record clearly shows that complaints understated the amount of dicamba damage.
” The @ @ @ @ @ @ @ to try and collect data that would paint an accurate picture of the damage the herbicide was doing to the agricultural landscape across the country .
“ The EPA refused to quantify or estimate the amount of damage caused by OTT application of dicamba herbicides , or even to admit that there was any damage at all , ” Fletcher wrote .
Some estimates indicate that 3.6 million acres of farmland were damaged by the application of dicamba in 2017 alone .
The court notes that the agency had access to this data @ @ @ @ @ @ @ decision only passingly referenced allegations of damage .
The court also faulted the agency for not considering what could occur should farmers not follow the label instructions , a consideration they are required to make by law .
With dicamba , the label instructions were complex and onerous and grew increasingly so with each passing growing season as complaints from farmers increased .
During a webinar hosted by the EPA in 2018 , one farmer told the agency : “ There doesn ’ t appear to be any way for an applicator to @ @ @ @ @ @ @ ” Farmers had to take into considerations like wind speed , time of day , precipitation forecasts and time from the planting of neighboring agricultural operations .
A study conducted by Purdue University researchers said farmers in Indiana would have had a total of 47 hours during the entire season during which it would have been legal to spray dicamba .
Despite the extensive documentation of these issues , the EPA barely mentioned them during the approval process .
“ The EPA nowhere acknowledged the evidence in the record 47 showing there had @ @ @ @ @ @ @ mitigation requirements of earlier labels , ” Fletcher wrote .
“ Nor did it acknowledge the likelihood that the additional mitigation requirements imposed by the 2018 label would increase the degree of non-compliance.
” The court also castigated the agency for failing to assess the economic costs of dicamba-resistant seeds , including monopoly issues as farmers feel increasingly compelled to purchase Monsanto ’ s seeds to avoid damage .
Finally , Fletcher and the other judges said the agency failed to consider the social costs due to the approval of the chemical .
@ @ @ @ @ @ @ neighbor , ” said University of Illinois weed scientist Aaron Hager in a 2018 edition of Progressive Farmer .
“ Farmers threatening other farmers .
I ’ ve never seen this before over the use of technology.
” The court said the agency had ample evidence this was the case but chose to ignore it .
“ The severe strain on social relations in farming communities where the new dicamba herbicides are being applied is a clear social cost , but the EPA did not identify and take into account this cost , @ @ @ @ @ @ @ in the unanimous opinion by U.S .
Circuit Judges Michael Hawkins and M. Margaret McKeown .
All three were appointed by Bill Clinton .

The Ninth Circuit dealt a blow to chemical company Monsanto Wednesday when it vacated the Environmental Protection Agency’s approval of the controversial pesticide dicamba, saying the agency failed to properly assess the risks of its widespread chemical use.
(CN) — The Ninth Circuit dealt a blow to chemical company Monsanto Wednesday when it vacated the Environmental Protection Agency’s approval of the controversial pesticide dicamba, saying the agency failed to properly assess the risks of its widespread chemical use.
A three-judge panel unanimously vacated the EPA approval of dicamba, a herbicide that has caused issues not so much because of its toxicity to humans, but because of its tendency to drift when applied, thereby damaging neighboring crops.
“A review of the record shows that the EPA substantially understated the risks that it acknowledged,” U.S. Circuit Judge William Fletcher wrote. “The review also shows that the EPA entirely failed to acknowledge other risks.”
Dicamba was developed by Monsanto, now called Bayer Crop Science, in response to the trend of several weeds developing resistance to glyphosate, sold commercially as Round-Up. Scientists at Monsanto genetically engineered soybean and cotton seeds that were resistant to dicamba. That way when farmers planted those seeds, they could be sure that when they sprayed dicamba, it would only kill plants without the genetically engineered resistance.
While this worked in an isolated field scenario, the problem comes when dicamba drifts into neighboring fields and damages the cash crops of farmers who are not using dicamba seeds.
This problem led Arkansas and Missouri to ban the use of dicamba in 2017. A peach farmer from Cape Girardeau, Missouri, won a multimillion-dollar lawsuit against Monsanto in January after a judge agreed the chemical decimated the farmer’s orchard.
In 2018, though, farmers planted approximately 56 million acres of dicamba-resistant cotton and soybean seeds across the United States. What followed was a litany of complaints from farmers who did not use such seeds but whose crops were hurt by dicamba drift.
On Wednesday, the Ninth Circuit said the EPA dramatically understated the damage done during the 2018 growing season.
“The EPA’s conclusion that complaints to state departments of agriculture of dicamba damage could have either under-reported or over-reported the actual amount of damage is not supported by substantial evidence,” Fletcher wrote. “The record clearly shows that complaints understated the amount of dicamba damage.”
The court also blamed the agency for failing to try and collect data that would paint an accurate picture of the damage the herbicide was doing to the agricultural landscape across the country.
“The EPA refused to quantify or estimate the amount of damage caused by OTT application of dicamba herbicides, or even to admit that there was any damage at all,” Fletcher wrote.
Some estimates indicate that 3.6 million acres of farmland were damaged by the application of dicamba in 2017 alone. The court notes that the agency had access to this data and this number, but in its decision only passingly referenced allegations of damage.
The court also faulted the agency for not considering what could occur should farmers not follow the label instructions, a consideration they are required to make by law. With dicamba, the label instructions were complex and onerous and grew increasingly so with each passing growing season as complaints from farmers increased.
During a webinar hosted by the EPA in 2018, one farmer told the agency:
“There doesn’t appear to be any way for an applicator to be 100% legal in their application.”
Farmers had to take into considerations like wind speed, time of day, precipitation forecasts and time from the planting of neighboring agricultural operations. A study conducted by Purdue University researchers said farmers in Indiana would have had a total of 47 hours during the entire season during which it would have been legal to spray dicamba.
Despite the extensive documentation of these issues, the EPA barely mentioned them during the approval process.
“The EPA nowhere acknowledged the evidence in the record 47 showing there had been substantial difficulty in complying with the mitigation requirements of earlier labels,” Fletcher wrote. “Nor did it acknowledge the likelihood that the additional mitigation requirements imposed by the 2018 label would increase the degree of non-compliance.”
The court also castigated the agency for failing to assess the economic costs of dicamba-resistant seeds, including monopoly issues as farmers feel increasingly compelled to purchase Monsanto’s seeds to avoid damage.
Finally, Fletcher and the other judges said the agency failed to consider the social costs due to the approval of the chemical.
‘It’s pitting neighbor against neighbor," said University of Illinois weed scientist Aaron Hager in a 2018 edition of Progressive Farmer. “Farmers threatening other farmers. I’ve never seen this before over the use of technology.”
The court said the agency had ample evidence this was the case but chose to ignore it.
“The severe strain on social relations in farming communities where the new dicamba herbicides are being applied is a clear social cost, but the EPA did not identify and take into account this cost,” Fletcher wrote.
Fletcher was joined in the unanimous opinion by U.S. Circuit Judges Michael Hawkins and M. Margaret McKeown. All three were appointed by Bill Clinton.


courthousenews--2020-06-04--Mattis Denounces Trump in Scathing Letter: ‘Three Years Without Mature Leadership’

( CN ) – After more than a year of remaining silent , former Defense Secretary Jim Mattis on Wednesday issued a scathing rebuke of President Trump ’ s use of military force to repel protesters and denounced the president ’ s ability to lead .
“ When I joined the military , some 50 years ago , I swore an oath to support and defend the Constitution , ” Mattis wrote in a statement published in The Atlantic .
“ Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the @ @ @ @ @ @ @ to provide a bizarre photo op for the elected commander-in-chief , with military leadership standing alongside.
” Mattis referred to Monday when federal troops cleared out protesters in Washington D.C. ’ s Lafayette Park so President Donald Trump could walk over to historic St. John ’ s Church to pose for photos while holding up a Bible .
“ Donald Trump is the first president in my lifetime who does not try to unite the American people —does not even pretend to try .
Instead he tries to divide us , ” Mattis @ @ @ @ @ @ @ consequences of three years of this deliberate effort .
We are witnessing the consequences of three years without mature leadership.
” The comments from the retired four-star Marine Corps general come as protests have spread across the country following the death of George Floyd while in custody of Minneapolis Police .
“ I have watched this week ’ s unfolding events , angry and appalled , ” he wrote .
“ The words ‘ Equal Justice Under Law ’ are carved in the pediment of the United States Supreme Court .
This is @ @ @ @ @ @ @ Mattis resigned as defense secretary in December 2018 in protest of Trump ’ s policy concerning the civil war in Syria .
He had remained silent regarding criticism of the administration , but chastized current Defense Secretary Mark Esper in Wednesday ’ s statement .
“ We must reject any thinking of our cities as a ‘ battlespace ’ that our uniformed military is called upon to ‘ dominate.
’ At home , we should use our military only when requested to do so , on very rare occasions , by state governors @ @ @ @ @ @ @ we witnessed in Washington , D.C. , sets up a conflict—a false conflict—between the military and civilian society .
It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect , and of which they themselves are a part.
” Esper distanced himself from the president on Wednesday , saying that he did not agree on using troops to police protesters .
“ The option to use active-duty forces in a law enforcement role should only be used as a @ @ @ @ @ @ @ the most urgent and dire situations , ” Esper said .
“ We are not in one of those situations now .
I do not support invoking the Insurrection Act.
” Mattis called for national unity in his statement , recalling America ’ s effort against Nazi Germany in World War II .
“ Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that ‘ The Nazi slogan for destroying us…was ‘ Divide and Conquer , ’ ” he wrote .
“ Our American answer is ‘ @ @ @ @ @ @ @ must summon that unity to surmount this crisis—confident that we are better than our politics.
” Trump responded to the comment on Twitter Wednesday night .
“ Probably the only thing Barack Obama and I have in common is that we both had the honor of firing Jim Mattis , the world ’ s most overrated General , ” Trump tweeted .
“ I asked for his letter of resignation , & felt great about it .
His nickname was ‘ Chaos ’ , which I didn ’ t like , & changed @ @ @ @ @ @ @ primary strength was not military , but rather personal public relations .
I gave him a new life , things to do , and battles to win , but he seldom ‘ brought home the bacon ’ .
I didn ’ t like his ‘ leadership ’ style or much else about him , and many others agree .
Glad he is gone !
”

After more than a year of remaining silent, former Defense Secretary Jim Mattis on Wednesday issued a scathing rebuke of President Trump's use of military force to repel protesters, denouncing the president's ability to lead.
(CN) — After more than a year of remaining silent, former Defense Secretary Jim Mattis on Wednesday issued a scathing rebuke of President Trump's use of military force to repel protesters and denounced the president's ability to lead.
"When I joined the military, some 50 years ago, I swore an oath to support and defend the Constitution," Mattis wrote in a denouncement published in The Atlantic. "Never did I dream that troops taking that same oath would be ordered under any circumstance to violate the Constitutional rights of their fellow citizens — much less to provide a bizarre photo op for the elected commander-in-chief, with military leadership standing alongside."
Mattis referred to Monday when federal troops cleared out protesters in Washington, D.C.'s Lafayette Park so President Donald Trump could walk over to historic St. John's Church to pose for photos while holding up a Bible.
“Donald Trump is the first president in my lifetime who does not try to unite the American people — does not even pretend to try. Instead he tries to divide us," Mattis wrote. “We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership."
The comments from the retired four-star Marine Corps general come as protests have spread across the country following the death of George Floyd while in custody of Minneapolis police.
"I have watched this week’s unfolding events, angry and appalled," he wrote. "The words 'Equal Justice Under Law' are carved in the pediment of the United States Supreme Court. This is precisely what protesters are rightly demanding."
Mattis resigned as defense secretary in December 2018 in protest of Trump's policy concerning the civil war in Syria. He had remained silent regarding criticism of the administration, but chastized current Defense Secretary Mark Esper in Wednesday's statement.
"We must reject any thinking of our cities as a 'battlespace' that our uniformed military is called upon to 'dominate.' At home, we should use our military only when requested to do so, on very rare occasions, by state governors.
"Militarizing our response, as we witnessed in Washington, D.C., sets up a conflict — a false conflict — between the military and civilian society. It erodes the moral ground that ensures a trusted bond between men and women in uniform and the society they are sworn to protect, and of which they themselves are a part."
Esper distanced himself from the president on Wednesday, saying that he did not agree on using troops to police protesters.
"The option to use active-duty forces in a law enforcement role should only be used as a matter of last resort and only in the most urgent and dire situations," Esper said. "We are not in one of those situations now. I do not support invoking the Insurrection Act."
Mattis called for national unity in his statement, recalling America's effort against Nazi Germany in World War II.
"Instructions given by the military departments to our troops before the Normandy invasion reminded soldiers that 'The Nazi slogan for destroying us…was ‘Divide and Conquer,’" he wrote. "Our American answer is ‘In Union there is Strength.’ We must summon that unity to surmount this crisis—confident that we are better than our politics."
Trump responded to the comment on Twitter Wednesday night.
"Probably the only thing Barack Obama and I have in common is that we both had the honor of firing Jim Mattis, the world’s most overrated General," Trump tweeted. "I asked for his letter of resignation, & felt great about it. His nickname was 'Chaos', which I didn’t like, & changed it to 'Mad Dog.' His primary strength was not military, but rather personal public relations. I gave him a new life, things to do, and battles to win, but he seldom 'brought home the bacon'. I didn’t like his 'leadership' style or much else about him, and many others agree. Glad he is gone!"


courthousenews--2020-06-05--New House Bill Would Revoke ‘Qualified Immunity’ for Police

BOSTON ( CN ) – A bill that would make it easier to sue police officers and other government officials for violating people ’ s civil rights was introduced in the U.S. House Thursday by Representatives Ayanna Pressley ( D-MA ) and Justin Amash of Michigan , a former Republican who joined the Libertarian Party in April .
The bill would eliminate qualified immunity , the ability of police officers to argue they acted in good faith when they violated someone ’ s constitutional rights .
It also allows police to be sued for enforcing a law if the law @ @ @ @ @ @ @ come under attack recently by both liberal and conservative scholars .
Several current Supreme Court justices have expressed concerns about qualified immunity .
Justice Sonia Sotomayor has complained that in practice the doctrine amounts to an “ absolute shield ” protecting police officers who are accused of using excessive force and once described it as “ sanctioning a shoot first , think later approach to policing.
” At the other end of the ideological spectrum , Justice Clarence Thomas said he has “ growing concern with our qualified immunity jurisprudence ” and suggested @ @ @ @ @ @ @ Congress .
Qualified immunity has a legitimate purpose but it has “ gotten out of control ” and courts “ have taken what was a modest defense and turned it into a rule where most of the time you can ’ t sue , ” said professor William Baude of the University of Chicago Law School , an author of a law review article on the topic .
The Supreme Court first allowed police officers to use qualified immunity back in 1967 in a case where police arrested a group of black and @ @ @ @ @ @ @ terminal .
The Mississippi law that allowed the arrests was later declared unconstitutional .
But the court said police couldn ’ t be held liable if they acted in good faith and they weren ’ t required to predict that the law would eventually be struck down .
The Supreme Court changed the rules in 1982 , saying that what mattered was not the police officer ’ s subjective good faith but rather whether the constitutional right at issue was “ clearly established ” at the time .
Recently the Reuters news agency @ @ @ @ @ @ @ found a “ growing trend ” toward judges excusing police brutality under the qualified immunity doctrine .
“ More than ever , they are ignoring the question of whether cops have violated a plaintiff ’ s constitutional rights ” and “ increasingly requiring a nearly identical case from the past to serve as a precedent that clearly establishes an officer ’ s actions as illegal – a high standard that again makes it hard to win against the police , ” the report said .
The Supreme Court is currently considering a case @ @ @ @ @ @ @ put his hands up and yet officers still released a police dog that attacked him .
The officers say they didn ’ t see his hands , and in any event they didn ’ t violate any clearly established rights .
The suspected burglar is being supported by a diverse group , including the NAACP Legal Defense Fund , the libertarian Cato Institute , the ACLU and the Alliance Defending Freedom , a conservative Christian organization .
“ Qualified immunity shields police from accountability , impedes true justice , and undermines the constitutional @ @ @ @ @ @ @ , ” Pressley said in a joint statement with Amash .
The doctrine “ protects police and other officials from consequences even for horrific rights abuses , ” Amash added .
“ It prevents accountability for the ‘ bad apples ’ and undermines the public ’ s faith in law enforcement.
” “ It shall not be a defense … that the defendant was acting in good faith , or that the defendant believed , reasonably or otherwise , that his or her conduct was lawful at the time , ” the bill @ @ @ @ @ @ @ also not support a defense stating that the plaintiff ’ s rights were not yet clearly established “ or that the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.
” Even Baude thinks this goes too far .
He believes that a government official who was following the law at the time shouldn ’ t be able to be sued for damages just because the law was later changed , and he gives the example of @ @ @ @ @ @ @ couples before the Supreme Court recognized a right to gay marriage .
If a police officer can be sued for enforcing a valid law , “ Why would I even want to work ?
” asked David Thomas , a professor of justice studies at Florida Gulf Coast University .
He said he thinks immunity has gone too far , but he hopes legislators will “ come to their senses and find some middle ground.
” On the other hand , Baude notes , police officers who violate people ’ s rights seldom @ @ @ @ @ @ @ usually covered by the state or municipality .
Interestingly , the bill applies to state and local officials but not to federal officials who violate people ’ s constitutional rights .
That ’ s because “ there are more abuses ” at state and local agencies , Thomas said .
He said federal oversight of local law enforcement has been sharply curtailed by the Trump administration and as a result , some larger agencies “ have run amuck.
” But “ federal government officials can violate people ’ s rights as well , @ @ @ @ @ @ @ week outside the White House , ” said Joanna Schwartz , a professor at UCLA School of Law .
Some scholars have suggested that qualified immunity is necessary in order to prevent law enforcement officials from being burdened with discovery in large numbers of frivolous cases .
But a 2017 article in the Yale Law Journal authored by Schwartz found that qualified immunity resulted in dismissals in fewer than 4 % of cases – although the article suggested that the doctrine nevertheless warped the process by discouraging plaintiffs from filing suit or encouraging @ @ @ @ @ @ @ .
In addition to a number of liberal groups , the bill is supported by several libertarian organizations including the Republican Liberty Caucus and Young Americans for Liberty .

A bill that would make it easier to sue police officers and other government officials for violating people’s civil rights was introduced in the U.S. House Thursday by Representatives Ayanna Pressley (D-MA) and Justin Amash of Michigan, a former Republican who joined the Libertarian Party in April.
BOSTON (CN) — A bill that would make it easier to sue police officers and other government officials for violating people’s civil rights was introduced in the U.S. House by two lawmakers Thursday.
The bill would eliminate qualified immunity, the ability of police officers to argue they acted in good faith when they violated someone’s constitutional rights. It also allows police to be sued for enforcing a law if the law is subsequently changed. The doctrine has come under attack recently by both liberal and conservative scholars.
Several current Supreme Court justices have expressed concerns about qualified immunity. Justice Sonia Sotomayor once described it as “sanctioning a shoot-first, think-later approach to policing,” and has complained that in practice the doctrine amounts to an “absolute shield” protecting police officers who are accused of using excessive force.
At the other end of the ideological spectrum, Justice Clarence Thomas said he has “growing concern with our qualified immunity jurisprudence,” and suggested that the defense was never intended by Congress.
Qualified immunity has a legitimate purpose but it has “gotten out of control,” and courts “have taken what was a modest defense and turned it into a rule where most of the time you can’t sue,” said professor William Baude of the University of Chicago Law School, an author of a law review article on the topic.
The Supreme Court first allowed police officers to use qualified immunity back in 1967 in a case where police arrested a group of black and white clergymen for using a segregated bus terminal. The Mississippi law that allowed the arrests was later declared unconstitutional. But the court said police couldn’t be held liable if they acted in good faith and they weren’t required to predict that the law would eventually be struck down.
The Supreme Court changed the rules in 1982, saying that what mattered was not the police officer’s subjective good faith but rather whether the constitutional right at issue was “clearly established” at the time.
Recently the Reuters news agency analyzed 529 federal appeals court cases and found a “growing trend” toward judges excusing police brutality under the qualified immunity doctrine.
“More than ever, they are ignoring the question of whether cops have violated a plaintiff’s constitutional rights” and “increasingly requiring a nearly identical case from the past to serve as a precedent that clearly establishes an officer’s actions as illegal — a high standard that again makes it hard to win against the police,” the report said.
The Supreme Court is currently considering a case in which a suspected burglar claims he put his hands up and yet officers still released a police dog that attacked him. The officers say they didn’t see his hands, and in any event they didn’t violate any clearly established rights.
The suspected burglar is being supported by a diverse group, including the NAACP Legal Defense Fund, the libertarian Cato Institute, the ACLU and the Alliance Defending Freedom, a conservative Christian organization.
“Qualified immunity shields police from accountability, impedes true justice, and undermines the constitutional rights of every person in this country,” Democratic Representative Ayanna Pressley of Massachusetts said in a joint statement with her co-sponsor on the bill, Representative Justin Amash of Michigan, a former Republican who joined the Libertarian Party in April.
The doctrine “protects police and other officials from consequences even for horrific rights abuses,” Amash added. “It prevents accountability for the ‘bad apples’ and undermines the public’s faith in law enforcement.”
“It shall not be a defense … that the defendant was acting in good faith, or that the defendant believed, reasonably or otherwise, that his or her conduct was lawful at the time,” the bill's text reads.
It would also not support a defense stating that the plaintiff’s rights were not yet clearly established “or that the state of the law was otherwise such that the defendant could not reasonably have been expected to know whether his or her conduct was lawful.”
Even Baude thinks this goes too far. He believes that a government official who was following the law at the time shouldn’t be able to be sued for damages just because the law was later changed, and he gives the example of officials who denied marriage licenses to gay couples before the Supreme Court recognized a right to gay marriage.
If a police officer can be sued for enforcing a valid law, “Why would I even want to work?” asked David Thomas, a professor of justice studies at Florida Gulf Coast University.
He said he thinks immunity has gone too far, but he hopes legislators will “come to their senses and find some middle ground.”
On the other hand, Baude notes, police officers who violate people’s rights seldom personally pay legal damages; they are usually covered by the state or municipality.
Interestingly, the bill applies to state and local officials but not to federal officials who violate people’s constitutional rights.
That’s because “there are more abuses” at state and local agencies, Thomas said. He said federal oversight of local law enforcement has been sharply curtailed by the Trump administration and as a result, some larger agencies “have run amuck.”
But "federal government officials can violate people's rights as well, as we've seen earlier this week outside the White House," said Joanna Schwartz, a professor at UCLA School of Law.
Some scholars have suggested that qualified immunity is necessary in order to prevent law enforcement officials from being burdened with discovery in large numbers of frivolous cases.
But a 2017 article in the Yale Law Journal authored by Schwartz found that qualified immunity resulted in dismissals in fewer than 4% of cases – although the article suggested that the doctrine nevertheless warped the process by discouraging plaintiffs from filing suit or encouraging them to file suit on other grounds.
In addition to a number of liberal groups, the bill is supported by several libertarian organizations including the Republican Liberty Caucus and Young Americans for Liberty.


courthousenews--2020-06-05--UCLA Students Protest Police Violence and LAPD Field Jail on Campus

LOS ANGELES ( CN ) — Thousands of people marched through the University of California , Los Angeles , campus Thursday to commemorate the lives of people killed by police across the nation and to protest the university ’ s decision to allow police to use a campus stadium as a field jail for demonstrators .
Trisdan Shaw , president of the Black Graduate Student Association at UCLA , rallied the crowd that filled Royce Quad before the march kicked off by saying the names of people killed recently by police across the U.S. such as George Floyd , Breonna @ @ @ @ @ @ @ understand that these deaths are just catalysts , catalysts that we feel every day , ” Shaw told the crowd .
“ We ’ re here to expose this anti-blackness that we see each and every day .
We don ’ t believe in reform .
But we do believe in abolition democracy.
” Student organizers of the march demanded LA Police Chief Michel Moore be fired and that LA County District Attorney Jackie Lacey be removed from office for her decisions not to criminally charge officers who kill people .
To fulfill @ @ @ @ @ @ @ to black students , UCLA should fund the creation of a black student resource center on campus , student organizers said .
“ Abolition is not just the dismantling of systems , ” Shaw said .
“ Something has to grow and be built in its place.
” Alexandria Malilay , a Columbia University student living in LA , told Courthouse News she attended the march to oppose the legacy of police brutality in the country .
“ I think it ’ s important for everyone to come together to fight against something @ @ @ @ @ @ @ .
“ I think people should not only say the names of people who lost their lives due to police brutality , we should also know their stories.
” Simone , an LA resident who didn ’ t share her last name , said she attended the march to provide an example to her children .
“ I ’ m the mother of two children , two black boys , who will have to experience and have experienced racism and I want them to be part of something that stands for change , @ @ @ @ @ @ @ s one thing to look at it and it ’ s another thing to be part of it.
” UCLA student Alexandria Davis , the outgoing president of the Afrikan Student Union who is set to graduate this week , told Courthouse News she felt a responsibility to help organize the protest .
“ I can ’ t stand to be in a world or a university that supports police brutality , ” Davis said .
“ These demands will continue .
This fight will continue .
We ’ re not doing this @ @ @ @ @ @ @ for change.
” Davis called for an independent investigation into the LAPD ’ s use of the UCLA Jackie Robinson Stadium as a jail and arrest processing site .
“ I think it ’ s an improper representation of what Jackie Robinson stands for , ” Davis said .
“ [ UCLA ] says they support black lives but that seems to not be the case if you ’ re allowing this to happen.
” The stadium , where the university baseball team plays , has also been used a Covid-19 testing site @ @ @ @ @ @ @ a public letter Tuesday that called for the immediate removal of LAPD from the stadium and a full accounting of both the university ’ s action and the unsafe treatment of protesters in a pandemic setting .
“ The cruel irony that this took place at a location used as a Covid-19 testing site is not lost on those arrested or on us , ” the letter said .
“ As a public university , we serve the public and our students , and this in turn requires dismantling the mechanisms of punishment @ @ @ @ @ @ @ communities in Los Angeles.
” The university responded to the public backlash saying it didn ’ t know the stadium was being used as a field jail at all and called it a “ violation ” of university of values .
“ This was done without UCLA ’ s knowledge or permission , ” the university said in a statement Wednesday , adding it cancelled its agreement with LAPD .
“ To see a space that ’ s so special to UCLA , particularly one dedicated to an iconic figure like Robinson , @ @ @ @ @ @ @ who carry on his legacy is profoundly upsetting.
” An LAPD spokesperson did not immediately confirm the status of its agreement with UCLA for use of the stadium .
The university later clarified that it knew LAPD was granted permission to use the stadium as a staging area and that it would decline similar requests from agencies going forward .
“ We were never informed that it would also be used to process arrests , ” the university said in the statement .
“ But allowing the LAPD to use the space even @ @ @ @ @ @ @ a mistake.
” The LAPD ’ s handling of protesters at the stadium also violated LA County ’ s public health guidelines for social distancing and face coverings , the university said , adding it will form a task force to create policies that ensure this type of action won ’ t occur again .

Thousands of people marched through the University of California, Los Angeles, campus Thursday to commemorate the lives of people killed by police across the nation and to protest the university’s decision to allow police to use a campus stadium as a field jail for demonstrators.
LOS ANGELES (CN) — Thousands of people marched through the University of California, Los Angeles, campus Thursday to commemorate the lives of people killed by police across the nation and to protest the university’s decision to allow police to use a campus stadium as a field jail for demonstrators.
Trisdan Shaw, president of the Black Graduate Student Association at UCLA, rallied the crowd that filled Royce Quad before the march kicked off by saying the names of people killed recently by police across the U.S. such as George Floyd, Breonna Taylor and Ahmaud Arbery.
“We understand that these deaths are just catalysts, catalysts that we feel every day,” Shaw told the crowd. “We’re here to expose this anti-blackness that we see each and every day. We don’t believe in reform. But we do believe in abolition democracy.”
Student organizers of the march demanded LA Police Chief Michel Moore be fired and that LA County District Attorney Jackie Lacey be removed from office for her decisions not to criminally charge officers who kill people.
To fulfill its stated goal of providing equitable resources to black students, UCLA should fund the creation of a black student resource center on campus, student organizers said.
“Abolition is not just the dismantling of systems,” Shaw said. “Something has to grow and be built in its place.”
Trisdan Shaw (left) president of the Black Graduate Student Association at the University of California, Los Angeles, uses a megaphone to lead protesters in chants against police violence outside the UCLA campus police building. (Courthouse News photo / Martin Macias Jr.)
Alexandria Malilay, a Columbia University student living in LA, told Courthouse News she attended the march to oppose the legacy of police brutality in the country.
“I think it’s important for everyone to come together to fight against something that is unjust,” Malilay said. “I think people should not only say the names of people who lost their lives due to police brutality, we should also know their stories.”
Simone, an LA resident who didn’t share her last name, said she attended the march to provide an example to her children.
“I’m the mother of two children, two black boys, who will have to experience and have experienced racism and I want them to be part of something that stands for change,” Simone said. “It’s one thing to look at it and it’s another thing to be part of it.”
UCLA student Alexandria Davis, the outgoing president of the Afrikan Student Union who is set to graduate this week, told Courthouse News she felt a responsibility to help organize the protest.
“I can’t stand to be in a world or a university that supports police brutality,” Davis said. “These demands will continue. This fight will continue. We’re not doing this for show we’re doing this for change.”
(Courthouse News video / Martin Macias Jr. via YouTube)
Davis called for an independent investigation into the LAPD’s use of the UCLA Jackie Robinson Stadium as a jail and arrest processing site.
“I think it’s an improper representation of what Jackie Robinson stands for,” Davis said. “[UCLA] says they support black lives but that seems to not be the case if you’re allowing this to happen.”
The stadium, where the university baseball team plays, has also been used a Covid-19 testing site.
UCLA faculty admonished university officials in a public letter Tuesday that called for the immediate removal of LAPD from the stadium and a full accounting of both the university’s action and the unsafe treatment of protesters in a pandemic setting.
“The cruel irony that this took place at a location used as a Covid-19 testing site is not lost on those arrested or on us,” the letter said. “As a public university, we serve the public and our students, and this in turn requires dismantling the mechanisms of punishment that have historically caused undeniable harm to communities in Los Angeles.”
The university responded to the public backlash saying it didn’t know the stadium was being used as a field jail at all and called it a “violation” of university of values.
“This was done without UCLA’s knowledge or permission,” the university said in a statement Wednesday, adding it cancelled its agreement with LAPD. “To see a space that’s so special to UCLA, particularly one dedicated to an iconic figure like Robinson, used as a place for punishing those who carry on his legacy is profoundly upsetting.”
An LAPD spokesperson did not immediately confirm the status of its agreement with UCLA for use of the stadium.
The university later clarified that it knew LAPD was granted permission to use the stadium as a staging area and that it would decline similar requests from agencies going forward.
“We were never informed that it would also be used to process arrests,” the university said in the statement. “But allowing the LAPD to use the space even for staging during these recent protests was a mistake.”
The LAPD’s handling of protesters at the stadium also violated LA County’s public health guidelines for social distancing and face coverings, the university said, adding it will form a task force to create policies that ensure this type of action won’t occur again.


courthousenews--2020-06-05--Brooklyn Honors Floyd With Memorial and March to Manhattan

BROOKLYN ( CN ) — As over a week of daily protests sparked by the police killing of George Floyd in Minneapolis continued across New York City , Mayor Bill de Blasio was met with booing from demonstrators at a memorial march in Brooklyn on Thursday afternoon .
Before the mayor even spoke , a crowd of over a 1,000 chanted “ De Blasio , go home !
” , clapping to the beat as the mayor crossed the stage in Cadman Plaza park in downtown Brooklyn .
The memorial event ’ s organizer , the Rev .
Kevin McCall @ @ @ @ @ @ @ Floyd ’ s family by giving respect to the mayor as he and first lady Chirlane McCray approached the microphone , but many in the crowd booed furiously .
McCray , a former speechwriter for New York City mayor David Dinkins , opened with a call and response of “ Power to the people !
” , which only minimally broke the tension of the crowd toward the mayor .
“ We have so much we need to do going forward , but we have the power , ” she said .
“ @ @ @ @ @ @ @ at all of us , ” McCray said .
“ We are making a statement today .
We are making a statement every day that we stand out and shout and protest and march .
We have power we have — we didn ’ t even know we had .
Black lives matter !
Black lives matter !
Black lives Matter !
” she said before turning it over to de Blasio .
The crowd never really let down their torrent of jeers and chants during de Blasio ’ s speech , which @ @ @ @ @ @ @ and quickly departed the demonstration .
“ To everybody , here is what we must resolve : George Floyd can not have been allowed to die in vain , ” de Blasio urged .
“ But let me tell something , for all of us who have not walked a mile in the shoes of the black community or communities of color , for all of us who know white privilege , we need to do more because we don ’ t even fully recognize the daily pain that the racism in this @ @ @ @ @ @ @ more , ” he said .
“ We will make peaceful change in this city once and for all , ” the mayor said Thursday .
“ Keep fighting for that change .
To the Floyd family , we stand with you .
Black lives matter in New York City .
Black lives need to matter in America , ” he concluded .
New York Attorney General Letitia “ Tish ” James received a much warmer welcome from crowd .
“ You see , I pray that Gianna , George ’ s precious @ @ @ @ @ @ @ her father with her always and that she not be imbittered by the injustice has taken him away too soon , that she joins with all of the other daughters whose fathers were also killed by the hands and arms and knees and bullets of indifference , ” James said .
“ So to my young warriors and to the family , march until the stagnant intractable walls of racism come down , ” she preached in her closing remarks .
“ Walls that separate us must be crushed to ground by the @ @ @ @ @ @ @ march family , march Terrence , march all of you , and march because when we march , we will see George on the other side of the mountain , amen , ” she concluded , referring to George Floyd ’ s brother Terrence , who was in attendance .
New York City Public Advocate Jumaane Williams followed James , challenging the crowd to chant “ I ’ m not OK !
” “ So many of us haven ’ t had the time to heal from one video and then they keep @ @ @ @ @ @ @ , ” he said in one of the most fired up speeches of the memorial .
“ I know we ’ re here for the brother George Floyd…but before there was Ahmaud Arbery , before there was Breonna Taylor , before there was Tamir Rice , before there was Eric Garner , we don ’ t have enough time for all the names , ” Williams said .
“ People came out of their house because a pandemic , led by inept leaders like this mayor and this governor caused tens of thousands @ @ @ @ @ @ @ them are black and brown , ” said Williams , who is second in line to the mayor .
New York for months has been the epicenter of the Covid-19 outbreak in the United States , but public health experts signed an open letter supporting the protests this week , saying racism and white supremacy are urgent public health issues .
Unrest sparked by the Minneapolis police killing of Floyd dates back only as far as Memorial Day , but New York ’ s Finest had been under pressure long before then regarding @ @ @ @ @ @ @ released last month showed 90 % of all those arrested and 82 % of those issued summonses for violating social-distancing requirements were black or Hispanic .
The memorial concluded with a speech from Terrence Floyd , a Brooklyn native who said he ’ s proud of the protests but not of the destruction .
“ My brother wasn ’ t about that , ” he said .
“ At the end of the day , my brother ’ s gone but the Floyd name still lives on.
” As Terrence Floyd stood in @ @ @ @ @ @ @ , one man in the crowd started chanting “ You are not alone ” and many in the audience joined him in unison .
Terrence Floyd worked the crowd into holding their hands in air , the left in the peace sign and the right hand in fist for justice .
For several hours following the memorial service , thousands of marchers peacefully walked across the nearby Brooklyn Bridge into Lower Manhattan demanding justice for George Floyd , taking over both the pedestrian space and the three-lane span for vehicle traffic .
De @ @ @ @ @ @ @ of the NYPD ’ s response to protests and looting across the city over the last week .
Governor Andrew Cuomo criticized the NYPD and de Blasio on Tuesday , and even mused hypothetically about how a governor could displace a mayor .
“ I ’ m not happy with last night , ” he said .
“ And the police did not do their job last night .
But you have 38,000 NYPD .
They have protected the city before in these situations .
… They did not do it last night @ @ @ @ @ @ @ Cuomo added , going on to reference comments by President Donald Trump that cities should call up the National Guard to quell riots .
Thousands gathered in Minneapolis on Thursday memorial service for George Floyd , with mourners spread across two city blocks shouting protest chants , listening to a sermon from the Rev .
Al Sharpton and clamoring for a look at visiting celebrities .

As over a week of daily protests sparked by the police killing of George Floyd in Minneapolis continued across New York City, Mayor Bill de Blasio was met with booing from demonstrators at a memorial march in Brooklyn on Thursday afternoon.
BROOKLYN (CN) — As over a week of daily protests sparked by the police killing of George Floyd in Minneapolis continued across New York City, Mayor Bill de Blasio was met with booing from demonstrators at a memorial march in Brooklyn on Thursday afternoon.
Before the mayor even spoke, a crowd of over a 1,000 chanted, “De Blasio, go home,” clapping to the beat as the mayor crossed the stage in Cadman Plaza park in downtown Brooklyn.
The memorial event’s organizer, the Rev. Kevin McCall, repeatedly urged the crowd to honor Floyd’s family by giving respect to the mayor as he and first lady Chirlane McCray approached the microphone, but many in the crowd booed furiously.
While de Blasio is white, his wife is black and a former speechwriter for New York City's only black mayor, David Dinkins. McCray opened with a call and response of “Power to the people,” which only minimally broke the tension of the crowd toward the mayor.
“We have so much we need to do going forward, but we have the power,” said McCray. “Look at all of you, look at all of us.
“We are making a statement today," she continued. "We are making a statement every day that we stand out and shout and protest and march. We have power we have — we didn’t even know we had. Black lives matter! Black lives matter! Black lives Matter!”
The crowd never really let down their torrent of jeers and chants as de Blasio took over, giving a speech that he rushed through in a couple minutes before quickly departing the demonstration.
“To everybody, here is what we must resolve: George Floyd cannot have been allowed to die in vain,” de Blasio urged.
“But let me tell something, for all of us who have not walked a mile in the shoes of the black community or communities of color, for all of us who know white privilege, we need to do more because we don’t even fully recognize the daily pain that the racism in this society causes. We need to do more,” he said.
“We will make peaceful change in this city once and for all,” the mayor said Thursday. “Keep fighting for that change. To the Floyd family, we stand with you. Black lives matter in New York City. Black lives need to matter in America,” he concluded.
New York Attorney General Letitia “Tish” James received a much warmer welcome from the crowd.
“You see, I pray that Gianna, George’s precious daughter, carries the loving memory of her father with her always and that she not be imbittered by the injustice has taken him away too soon, that she joins with all of the other daughters whose fathers were also killed by the hands and arms and knees and bullets of indifference,” James said.
“So to my young warriors and to the family, march until the stagnant intractable walls of racism come down,” she preached in her closing remarks.
“Walls that separate us must be crushed to ground by the forces of love and justice. So march family, march Terrence, march all of you, and march because when we march, we will see George on the other side of the mountain, amen,” she concluded, referring to George Floyd’s brother Terrence, who was in attendance.


courthousenews--2020-06-04--Judge Leans on ICE to Improve Health Conditions at Detention Facilities

SAN FRANCISCO ( CN ) — A federal judge said Thursday that he would not order any more releases from two California immigration detention centers , but is considering disallowing Immigration & Customs Enforcement from admitting new detainees until he ’ s assured there is proper screening for coronavirus and isolation of the infected .
“ There are obvious questions that any responsible ICE official should be asking and it appears that nobody is asking the questions , ” U.S. District Judge Vincent Chhabria said , looking visibly irritated at a Zoom video conference hearing .
In an errata filed @ @ @ @ @ @ @ officer in charge of overseeing the Mesa Verde facility in Bakersfield , admitted to falsely stating that new arrivals from other facilities where there were reported Covid-19 cases were being isolated for 14 days .
“ At the time , I stated that all new arrivals transferred from another facility where there are any reported cases of Covid-19 infection will be placed in isolation for 14 days prior to being released into the general population .
This statement was inadvertently inaccurate , ” Pham wrote .
Chhabria said he suspected that ICE had @ @ @ @ @ @ @ how to keep coronavirus from being introduced into Mesa Verde from the outside .
“ I ’ m troubled by the fact that this errata was filed last night and it didn ’ t even get into that , ” he said .
Martin Schenker , counsel for a class of more than 400 immigrants seeking immediate release from Mesa Verde and Yuba County Jail in Marysville , said 170 new people that had recently arrived at Mesa Verde from other detention centers and prisons were merely asked if they had symptoms and @ @ @ @ @ @ @ population .
“ We have new people coming in every day , ” he said , noting that Mesa Verde is the only center currently accepting new detainees .
“ It ’ s not surprising to me that this would happen with a private company running the facility , ” Chhabria said .
“ This is one of the problems you see when you entrust a private company to run your detention facilities.
” Chhabria asked the government to describe the steps ICE has taken to isolate incoming detainees , either by setting @ @ @ @ @ @ @ some other means .
Assistant U.S. Attorney Shiwon Choe said “ ICE has been reviewing the situation , ” an answer that didn ’ t hold water with Chhabria , who said , “ So the answer is no.
” Choe said the facility ’ s failings boil down to a lack of space .
Chhabria said he would order an evidentiary hearing on the matter , and that he ’ s “ far more concerned about Mesa Verda than Yuba County.
” He added , “ I want the people who are @ @ @ @ @ @ @ what more we can do and the people who are supposed be considering different options on how to promote safety at these facilities .
That would be both ICE people and people who actually operate the facilities.
” He also told class counsel they were too focused on getting more detainees released , something that he was simply not going to do .
Since the filing of the action in April , both facilities reduced capacity by at least 50 % .
Chhabria said he ’ s granted 95 bail applications and denied @ @ @ @ @ @ @ concerned with whether current conditions at the facilities are constitutionally adequate for those who remain .
“ Perfection is not the constitutional standard .
Constant social distancing is not the constitutional standard , ” Chhabria said .
“ What more can be a done that is not too great a burden on ICE , short of releasing people who are dangerous ?
” Bill Freeman , an attorney with the ACLU , said the facilities are still dangerous and that ICE largely ignored their suggestions for making them safer , like keeping detainees @ @ @ @ @ @ @ “ Defendants have met them with crickets , ” he said .
“ They have said essentially said , ‘ This is what we ’ re doing and we think it ’ s good enough.
’ ” “ That ’ s where the problem lies with your presentation frankly , ” Chhabria interjected .
“ Your presentation is focused on the need to get more people out of the facility rather than what else can be done , considering very few additional people are going to be released .
Every day in this @ @ @ @ @ @ @ even though prison is more dangerous to them than if they were kept in home confinement .
We do that because we believe they ’ re too dangerous not to be confined , and there are some detainees who are too dangerous not to be confined and the constitutional expectation can not be creation of conditions for them that would approximate what we are all experiencing right now out in society.
” Freeman said he would nonetheless press for an injunction requiring ICE to stop accepting new detainees without adequate testing protocols and @ @ @ @ @ @ @ been done so far has been as a result of the litigation.
” Chhabria agreed on the point , saying that while the situation has changed since April , “ Nothing has happened in this case that could give anybody confidence that ICE would make much of an effort on its own to maintain the status quo given how irresponsibly it has handled matters of detention thus far.
” Also on Thursday , detainees at Mesa Verde announced a hunger strike , denouncing inadequate medicare and conditions that led to the recent deaths @ @ @ @ @ @ @ from South Korea who died of an apparent suicide at the facility , and 57-year-old Carlos Mejia , who died in ICE custody at the Otay Mesa detention center in San Diego — another private facility run by Geo Group .
Mejia ’ s cause of death was undetermined , but he was being treated for Covid-19 .
“ We are also protesting the lies that ICE has told in court to federal and immigration judges about the conditions of these facilities .
What they have done is not nearly enough to prevent @ @ @ @ @ @ @ we demand instant relief from these conditions , ” the detainees said in a statement released through Centro Legal De La Raza .
“ It is still impossible to practice social distancing within this facility , and ICE and Geo Group ’ s practices are not protecting us from this virus .
We will continue our protest until further attention is brought to these conditions , and until the governor and the attorney general of California begin an official investigation into all ICE detention facilities in California.
” Centro Legal said the number @ @ @ @ @ @ @ stands at 1,579 .

A federal judge said Thursday that he would not order any more releases from two California immigration detention centers, but is considering disallowing Immigration & Customs Enforcement from admitting new detainees until he’s assured there is proper screening for coronavirus and isolation of the infected.
SAN FRANCISCO (CN) — A federal judge said Thursday that he would not order any more releases from two California immigration detention centers, but is considering disallowing Immigration & Customs Enforcement from admitting new detainees until he’s assured there is proper screening for coronavirus and isolation of the infected.
“There are obvious questions that any responsible ICE official should be asking and it appears that nobody is asking the questions,” U.S. District Judge Vincent Chhabria said, looking visibly irritated at a Zoom video conference hearing.
In an errata filed Wednesday, Alexander Pham, an ICE officer in charge of overseeing the Mesa Verde facility in Bakersfield, admitted to falsely stating that new arrivals from other facilities where there were reported Covid-19 cases were being isolated for 14 days.
“At the time, I stated that all new arrivals transferred from another facility where there are any reported cases of Covid-19 infection will be placed in isolation for 14 days prior to being released into the general population. This statement was inadvertently inaccurate,” Pham wrote.
Chhabria said he suspected that ICE had “not given any thought” about how to keep coronavirus from being introduced into Mesa Verde from the outside.
“I'm troubled by the fact that this errata was filed last night and it didn't even get into that,” he said.
Martin Schenker, counsel for a class of more than 400 immigrants seeking immediate release from Mesa Verde and Yuba County Jail in Marysville, said 170 new people that had recently arrived at Mesa Verde from other detention centers and prisons were merely asked if they had symptoms and were allowed to commingle with the general population.
“We have new people coming in every day,” he said, noting that Mesa Verde is the only center currently accepting new detainees.
"It's not surprising to me that this would happen with a private company running the facility,” Chhabria said. “This is one of the problems you see when you entrust a private company to run your detention facilities.”
Chhabria asked the government to describe the steps ICE has taken to isolate incoming detainees, either by setting up makeshift facilities outside the center or some other means.
Assistant U.S. Attorney Shiwon Choe said “ICE has been reviewing the situation,” an answer that didn’t hold water with Chhabria, who said, “So the answer is no.”
Choe said the facility’s failings boil down to a lack of space.
Chhabria said he would order an evidentiary hearing on the matter, and that he’s “far more concerned about Mesa Verda than Yuba County.”
He added, “I want the people who are supposed to be asking the questions about what more we can do and the people who are supposed be considering different options on how to promote safety at these facilities. That would be both ICE people and people who actually operate the facilities.”
He also told class counsel they were too focused on getting more detainees released, something that he was simply not going to do.
Since the filing of the action in April, both facilities reduced capacity by at least 50%. Chhabria said he’s granted 95 bail applications and denied 79. He said he was more concerned with whether current conditions at the facilities are constitutionally adequate for those who remain.
“Perfection is not the constitutional standard. Constant social distancing is not the constitutional standard,” Chhabria said. “What more can be a done that is not too great a burden on ICE, short of releasing people who are dangerous?”
Bill Freeman, an attorney with the ACLU, said the facilities are still dangerous and that ICE largely ignored their suggestions for making them safer, like keeping detainees 10 feet apart in sleeping areas. “Defendants have met them with crickets,” he said. "They have said essentially said, ‘This is what we're doing and we think it's good enough.’”
"That's where the problem lies with your presentation frankly,” Chhabria interjected. “Your presentation is focused on the need to get more people out of the facility rather than what else can be done, considering very few additional people are going to be released. Every day in this country we send dangerous people to prison even though prison is more dangerous to them than if they were kept in home confinement. We do that because we believe they're too dangerous not to be confined, and there are some detainees who are too dangerous not to be confined and the constitutional expectation cannot be creation of conditions for them that would approximate what we are all experiencing right now out in society.”
Freeman said he would nonetheless press for an injunction requiring ICE to stop accepting new detainees without adequate testing protocols and quarantining "because everything that's been done so far has been as a result of the litigation.”
Chhabria agreed on the point, saying that while the situation has changed since April, “Nothing has happened in this case that could give anybody confidence that ICE would make much of an effort on its own to maintain the status quo given how irresponsibly it has handled matters of detention thus far.”
Also on Thursday, detainees at Mesa Verde announced a hunger strike, denouncing inadequate medicare and conditions that led to the recent deaths of Choung Woong Ahn, a 74-year-old from South Korea who died of an apparent suicide at the facility, and 57-year-old Carlos Mejia, who died in ICE custody at the Otay Mesa detention center in San Diego — another private facility run by Geo Group. Mejia’s cause of death was undetermined, but he was being treated for Covid-19.
“We are also protesting the lies that ICE has told in court to federal and immigration judges about the conditions of these facilities. What they have done is not nearly enough to prevent the virus from endangering us, and we demand instant relief from these conditions,” the detainees said in a statement released through Centro Legal De La Raza. “It is still impossible to practice social distancing within this facility, and ICE and Geo Group's practices are not protecting us from this virus. We will continue our protest until further attention is brought to these conditions, and until the governor and the attorney general of California begin an official investigation into all ICE detention facilities in California.”
Centro Legal said the number of confirmed Covid-19 cases in ICE detention stands at 1,579.