News Law and Policy

ACLU of Missouri Files Two Lawsuits Against Ferguson Police Department

Jessica Mason Pieklo

The lawsuits seek the full incident report from the Michael Brown shooting and an order preventing the Ferguson, Missouri, police department from blocking citizens and the media from filming police activities.

Read more of our coverage related to recent events in Ferguson here.

The American Civil Liberties Union of Missouri filed two lawsuits against the Ferguson, Missouri, police department Thursday, one requesting the incident report related to the police shooting of Michael Brown, an unarmed Black teenager, and another challenging the police policy of demeaning and ordering members of the media to stop recording police activities.

The lawsuits followed days of protests by citizens and a violent police response in the St. Louis suburb after a police officer shot and killed 18-year old Michael Brown on Saturday, August 9, and the department refused to identify the officer responsible for the shooting for nearly a week. On Friday, Police Chief Thomas Jackson named Darren Wilson as the officer who shot and killed Brown, saying Wilson is a six-year veteran of the department with no prior disciplinary record.

The first lawsuit, seeking the Ferguson Police Department’s full report on the police shooting, claims the department’s refusal to release the officer’s name right away and other details of the event violates Missouri’s Sunshine Law, a state law designed to promote transparency and accountability in government affairs.

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The second lawsuit asks the court to block the Ferguson Police Department’s policy of demanding and ordering members of the media and the public to stop recording the police acting in their official duty on public streets and sidewalks, specifically in response to community protests following Brown’s death. According to the complaint, “[D]efendants’ response to the demonstrations has been controversial, including using force, ordering peaceful protestors to disband and evacuate the streets and sidewalks, and ordering protestors and observers to stop documenting and videotaping the demonstrations.” The complaint continues, “[T]here is widespread interest in Defendants’ tactics, which raise questions about whether a military response to the protest is consistent with the values of the United States.”

The actions by the Ferguson police have drawn national condemnation, including from President Obama. Following widespread complaints, Missouri Gov. Jay Nixon stripped local police of their authority over the protests and placed state highway patrol in charge. State Highway Patrol Capt. Ron Johnson, a Black man who grew up in the area, took control of the law enforcement response and, according to reports, the change in leadership and approach was met with relief and appreciation by the community. Johnson marched alongside protesters Thursday, a marked change from county police in armored tanks shooting tear gas at protesters.

Analysis Human Rights

Activists Seek Justice as Verdict Looms for Officer Involved in Freddie Gray’s Death

Michelle D. Anderson

Freddie Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Last year, Baltimore City State's Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers' trials have been completed without convictions.

The bench trial of Lt. Brian Rice, the highest-ranking Baltimore Police Department officer involved in the 2015 death of Freddie Gray, began on Thursday, July 7. Rice faces involuntary manslaughter, second-degree assault, and reckless endangerment; the state dropped a misconduct charge after acknowledging Rice was not directly involved in Gray’s arrest. The closing arguments in his trial are scheduled for this Thursday; the judge is expected to share his verdict Monday.

The Rice trial started just as the public began grappling with the deaths of Philando Castile and Alton Sterling—and the subsequent murder of five police officers at a Dallas protest.

Castile and Sterling, both Black men, died during encounters with police in Falcon Heights, Minnesota, and Baton Rouge, Louisiana, triggering nationwide protests against police brutality and implicit racial bias that have continued into this week.

And just like the days following Gray’s death, social media sites like Twitter and Facebook were flooded with images, videos, and hashtags demanding justice.

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Gray, 25, died from spinal cord injuries in April 2015, a week after police arrested and took him into custody. Activists and some Maryland legislators accused police of giving Gray an intentional “rough ride,” when inmates or persons in custody are transported in police vans without a seat belt and subjected to frantic driving, ultimately causing them injury. Last year, Baltimore City State’s Attorney Marilyn J. Mosby brought criminal charges against six of the officers involved with his arrest. Since then, three officers’ trials have been completed without convictions—and as activists on the ground in Baltimore wait for more verdicts, they are pushing for reforms and justice beyond the courtroom.

The first police trial, which involved charges against Officer William Porter of involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office, ended in a mistrial in December 2015 after jurors failed to reach a verdict.

Baltimore City Circuit Court Judge Barry Glenn Williams acquitted Officer Edward M. Nero of all charges in May. Mosby had charged Nero with misconduct, second-degree assault, and reckless endangerment for putting Gray into the police van without a seat belt.

But many viewed the trial of Caesar R. Goodson Jr., who drove the van, as the most critical of the six. Last month, Judge Williams announced that Goodson, too, had been acquitted of all charges—including second-degree depraved-heart murder, the most serious of those brought against the officers.

Kwame Rose, a Baltimore activist, told Rewire he was not surprised.

“The judicial system of America shows that police are never held accountable when it comes to the death of Black people,” said Rose, who was arrested in September and December during peaceful protests related to Gray’s death.

During Goodson’s trial, Williams said there were several “equally plausible scenarios,” that could have transpired during Gray’s arrest. He also rejected the state’s argument that police intentionally gave Gray a “rough ride,”according to a New York Times account.

Ray Kelly, community relations director for the No Boundaries Coalition of West Baltimore grassroots group and a community interviewer for the West Baltimore Community Commission on Police Misconduct, said he was disappointed by the Goodson verdict. However, he noted that he was heartened by Mosby’s decision to bring criminal charges against the officers in the first place. “It’s a small change, but it is a change nonetheless,” Kelly said in a recent interview with Rewire.

In addition to the charges, Gray’s death eventually sparked a major “pattern or practice” investigation by the U.S. Department of Justice (DOJ). Local activists, including the No Boundaries Coalition, which issued in March a 32-page report that detailed police misconduct in Baltimore and helped to trigger the DOJ, expected the findings of the DOJ investigation in late June.

However, the document has yet to be released, said Kelly, who is a native of the same West Baltimore neighborhood where Gray was detained.

Kelly is expecting a consent decree—similar to the ones in Ferguson, Missouri, and Cleveland, Ohio—and a continued partnership with federal officials in the near future.

For Kelly, the trials—and the lack of convictions—have proved what leaders in groups like the No Boundaries Coalition have been saying in their advocacy. One of those messages, Kelly said, is that the community should continue to focus less on the judicial process for theoretically punishing officers who have committed wrongdoing and more on initiating policy changes that combat over-policing.

Baltimore Bloc, a grassroots group, seemed to echo Kelly’s sentiment in a statement last month. Two days after the Goodson verdict, Baltimore Bloc activists said it was a reminder that the judicial system was not broken and was simply doing exactly what it is designed to do.

“To understand our lack of faith in the justice system, you must first recognize certain truths: the justice system works for police who both live in and out of the city; it works against Black people who come from disinvested, redlined Black communities; and it systematically ruins the lives of people like Keith Davis Jr., Tyrone West and Freddie Gray,” Baltimore Bloc leadership said, referencing two other Baltimore residents shot by police.

The American Civil Liberties Union, citing the U.S. Supreme Court decision in Illinois v. Wardlow, said in a May blog post that police had legal case for stopping and arresting Gray, but also said the action constituted racially biased policing and diminished rights for Black and Latino citizens.

“The result is standards of police conduct that are different in some places than other places. It is a powerful example of institutionalized and structural racism in which ostensibly race-neutral policies and practices create different outcomes for different racial groups,” ACLU leaders said.

Right before issuing its statement in May, ACLU released a briefing paper that said at least 21 individuals had been killed in police encounters across Maryland in 2015. Of those fatal encounters, which included Gray, 81 percent were Black and about half were unarmed.

The ACLU said it was impossible for the agency to determine whether any officers were disciplined for misconduct in most cases because the police refused to release crucial information to the public.

The ACLU began compiling information about police custody deaths after learning that Maryland officials were not tracking those cases. In 2015, state politicians passed a law mandating law enforcement agencies to report such data. The first set of statistics on police custody deaths is expected in October, according to the ACLU. It is unclear whether those will include reports of officer discipline.

In line with those efforts, activists across Maryland are working to bring forth more systemic changes that will eliminate over-policing and the lack of accountability that exist among police agencies.

Elizabeth Alex, the regional director for CASA Baltimore, a grassroots group that advocates on behalf of local, low-income immigrant communities, told Rewire many activists are spending less energy on reforming the judicial process to achieve police accountability.

“I think people are looking at alternative ways to hold officers and others accountable other than the court system,” Alex said.

Like the No Boundaries Coalition, CASA Baltimore is part of the Campaign for Justice, Safety & Jobs (CJSJ), a collective of more than 30 local community, policy, labor, faith, and civil rights groups that convened after Gray’s death. CJSJ members include groups like the local ACLU affiliate, Baltimore United for Change, and Leaders of a Beautiful Struggle.

CJSJ leaders said the Goodson verdict underlined the critical need for “deep behavioral change” in the Baltimore Police Department’s culture. For the past year, the group has pushed heavily for citizen representation on police trial boards that review police brutality cases. Those boards make decisions about disciplining officers. For example, the city’s police commissioner might decide to discipline or fire an officer; that officer could go to the trial board to appeal the decision.

This spring, recent Baltimore City mayoral candidate and Maryland Sen. Catherine Pugh (D-Baltimore), helped pass an omnibus police accountability law, HB 1016. Part of that bill includes a change to Maryland’s Law Enforcement Officer’s Bill of Rights (LEOBR) giving local jurisdictions permission to allow voting citizens on police trial boards. Republican Gov. Larry Hogan signed the changes into law in May.

That change can only happen in Baltimore, however, if the Baltimore Fraternal Order of the Police union agrees to revise its contract with the city, according to WBAL TV. The agreement, which expired on June 30, currently does not allow citizen inclusion.

In light of the current stalled negotiations, Baltimore Bloc on July 5 demanded Baltimore City Council President Bernard C. “Jack” Young instead introduce an amendment to the city charter to allow civilian participation on trial boards. If Young introduced the amendment before an August deadline, the question would make it onto the November ballot.

Kelly, in an interview with Rewire, cited some CJSJ members’ recent meeting with Baltimore Police Commissioner Kevin Davis as a win for Baltimore citizens. During that meeting, held on June 29, Davis outlined some of his plans for implementing change on the police force and said he supported local citizens participating on police trial boards, Kelly said.

This year, the Baltimore Police Department has also implemented a new use-of-force policy. The policy emphasizes de-escalation and accountability and is the first rewrite of the policy since 2003, according to the Sun.

The ACLU has welcomed the policy as a step in the right direction, but said the new rules need significant improvements, according to the Sun.

For example, the policy requires reporting to the department when an officer flashes or points a weapon at a suspect without shooting; the data will be reviewed by the police commissioner and other city officials. However, it doesn’t require the same from officers who use deadly force.

Notably, the policy requires officers to call a medic if a person in custody requests medical assistance or shows signs that they need professional help. Gray had requested a medic, but officers were skeptical and didn’t call for help until he became unresponsive, according to various news reports.

Rose, who recently received legal assistance from the ACLU to fight criminal charges related to his arrests last year, said citizens should continue to demand accountability and “true transparency” from law enforcement.

In the meantime, with four trials—including Rice’s case—remaining and no convictions, many are looking to see if Mosby will change her prosecution strategy in the upcoming weeks. Roya Hanna, a former Baltimore prosecutor, has suggested Mosby showed poor judgment for charging the six officers without “adequate evidence,” according to the Sun.

Meanwhile, Baltimore City’s police union has urged Mosby to drop the remaining charges against officers.

The trial of Officer Garrett E. Miller is slated to begin July 27; Officer William Porter, Sept. 6, and Sgt. Alicia D. White, Oct. 13. All officers charged pleaded not guilty.

Baltimore Bloc, citing its dissatisfaction with her performance thus far, demanded Mosby’s removal from office last month.

Kelly, who counts Baltimore Bloc among his allies, has a different outlook. Calling’s Mosby’s swift decision to charge the six officers last year  “groundbreaking,” the Baltimore activist said the ongoing police trials are justified and help give attention to police misconduct.

“She should follow through on the charges ….We need that exposure,” Kelly said. “It keeps the debate open and sparks the conversation.”

News Human Rights

ACLU Files Lawsuit Against Baton Rouge Police Department

Imani Gandy

“Defendants have responded to peaceful acts of protest with unlawful restrictions on constitutionally protected activity and disproportionate deployment of militarized equipment and excessive force,” the complaint reads.

A group of civil rights organizations filed a federal civil rights lawsuit Wednesday in Louisiana alleging that the Baton Rouge police have unlawfully infringed on the First Amendment rights of protesters who gathered to protest the recent death of Alton Sterling at the hands of police officers.

Plaintiffs include the American Civil Liberties Union (ACLU) of Louisiana, Black Youth Project 100, North Baton Rouge Matters, the New Orleans Workers’ Center for Racial Justice, and the Louisiana Chapter of the National Lawyers Guild.

Defendants include the City of Baton Rouge, the Baton Rouge Police Department, the Louisiana State Police, and the East Baton Rouge Sheriff’s Department, among others.

In the wake of Sterling’s death on July 5, a video of which went viral on social media, thousands of protesters took to the streets to engage in protest. In Louisiana, they were met, as alleged in the complaint, with a “military-grade assault on protestors’ bodies and rights.”

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“Defendants have responded to peaceful acts of protest with unlawful restrictions on constitutionally protected activity and disproportionate deployment of militarized equipment and excessive force,” the complaint reads.

The lawsuit alleges that law enforcement officers have “escalated peaceful situations, impeded protestors’ entry or exit from demonstrations; threatened assault with chemical agents including mace and pepper spray; rounded them up in mass arrests; [and] engaged in physical and verbal abuse.”

The lawsuit additionally alleges that multiple protesters were “punished and wrongly arrested” for engaging in “constitutionally-protected speech.”

According to the complaint, about 200 people have been arrested in the past week during the Baton Rouge protests.

Those include prominent Black Lives Matter activist DeRay Mckesson.

“I witnessed firsthand as peaceful protestors were violently attacked and arrested, assault weapons pointed at them with fingers on the triggers, some dragged across the cement, their clothes ripped off of them,” said Alison McCrary, president of the Louisiana Chapter of the National Lawyers Guild, as reported by WWL-TV.

“What I saw happening was an immediate threat to life. My and other demonstrators’ speech was chilled because of this event,” McCrary continued.

In addition to filing the complaint, plaintiffs filed a request for a temporary restraining order prohibiting the Baton Rouge Police Department and other defendants “from interfering with people’s constitutional protected right to gather peacefully moving forward,” according to a press release issued by the ACLU.

“The police didn’t do their job in Baton Rouge, again,” said ACLU of Louisiana Executive Director Marjorie Esman, according to KATC. “They are bound to protect us from harm, to keep us safe, to do everything possible before throwing someone to the ground or pulling the trigger,” she continued.

“Yet Alton Sterling is on the long list of Black people killed needlessly by our nation’s police, and protests in his honor have turned into circuses of violence where the first amendment is tossed aside,” she said.

Esman concluded, “We can’t bring Alton Sterling back but at a minimum, the police can stop blocking our right to protest in his name.”