ACLU Sues City Of Omaha, 32 Police Officers For Use Of Excessive Force, Warrantless Search And Seizure
from the slow-day-crime-wise-in-Omaha dept
If there's any question as to whether the officers subduing Octavius Johnson (who was apparently asking why a vehicle was being towed) applied excessive force (looks like the officer gets a few swings in before other witnesses arrive), it was answered by the 20+ cops who stormed the house (without a warrant, obviously) in order to seize and destroy the footage of the arrest contained in Jaquez Johnson's cell phone. The fact that their wheelchair-bound aunt was thrown to the ground during this altercation is nothing more than a side effect of her inadvertently being between dozens of cops and the person they were pursuing.
The cops that stormed the Johnson house to destroy evidence failed to comprehend that everyone has a camera these days -- like, say, the neighbor across the street who obtained this footage of the excessive force and the blitzkrieg of Omaha cops that followed.
Omaha.com has a timeline of the incident, which begins at 5:23 pm when an officer responds to a call to check on an unoccupied vehicle. Two hours later, the aunt is on the way to the hospital while three of the Johnson brothers are being booked on a variety of charges. All three have one charge in common: the rather meaningless "obstructing an officer."
The neighbor's recording made it impossible for the Omaha PD to sweep this under the rug (not that it didn't try). The officers' own admission that they had seized Jaquez Johnson's phone and erased his recording made it impossible for the department to pretend everything that happened was purely legal. In the end, four officers were fired for their involvement in this situation. As PINAC reported back in May, even the county attorney was unable to find anything less than damning to say about the incident.
“The conduct inside after the officers went inside (the house) is much more disturbing” than what’s on the YouTube video.Now the ACLU is joining the Johnson family in suing the city of Omaha, along with the 32 police officers involved.
Kleine on memory card: He said the knowledge that the memory card was taken by Officer James Kinsella “comes from Officer Kinsella himself and what he said to other officers.”
Kleine: ”The officer’s conduct in taking that memory card is so out of line, it’s criminal conduct. We don’t know what’s on that memory card” and that’s what we want to find out.
On OPD trying to hide misbehavior: ”It’s of tremendous concern to the chief and it’s a concern to us. We can’t have this type of conduct. It’s a betrayal of public trust.”
Members of an Omaha family filed a lawsuit in federal court today alleging that excessive force and a warrantless search and seizure were used in response to a parking incident in March 2013. The Johnson family has never received compensation for the damages to their property or their medical expenses resulting from the incident. All charges against the Johnsons were dropped. An internal investigation resulted in the termination of four officers and criminal charges being brought against two of the officers for either tampering with evidence or being an accessory.Unbelievably, the entire situation was ignited by nothing more than a parking violation. By the end of it, the Johnson house had been swarmed by Omaha police officers, something the ACLU claims is not simply a misuse of public funds but a clear violation of citizens' rights.
"Despite the fact that no crime, drugs, or weapons were involved, more than twenty officers arrived at the Johnson's home, invaded their privacy, confiscated their property and unnecessarily injured four members of the family," said cooperating attorney Diana Vogt. "You do not lose your right to be treated with respect by law enforcement simply because of where you live in Omaha or the color of your skin."According to the ACLU's statement, the Omaha PD's actions have generated several reports of officer misconduct and racial bias over the past few years. The PD also seems to have a problem understanding that citizens have a right to record on-duty officers. The ACLU hopes this lawsuit will help change the PD's underlying culture.
"Pulling over twenty officers away from other parts of the city should sound an alarm for taxpayers," said ACLU of Nebraska Legal Director Amy Miller. "Omaha Police have already been warned by the ACLU about their failure to respect the rights of those filming law enforcement. This incident further reinforces that independent oversight is needed to help evaluate training practices and provide for responses when officers depart from their training and standards."
In the lawsuit, the Johnsons ask for monetary damages for their medical bills, damages to property, lost time from work and other expenses. Additionally, the ACLU hopes for punitive damages against four officers along with mandatory training for all OPD officers in de-escalation and First Amendment rights of those filming police.The firing of the four officers directly involved with the destruction of evidence is a good start. The fact that this escalated from a parking violation to 20 officers storming a house is a clear indictment of the mindset guiding Omaha's law enforcement entities. At no point did anyone try to defuse the situation or ask themselves why 32 officers were needed to arrest one man disputing his vehicle being towed. Notably, the first call for backup went out solely because "people were coming out of the house." If that's all it takes to shake an officer's confidence, any arrest happening in public is going to be a problem -- both for the skittish officer(s) and for any citizens who happen to be in the area, especially if they're carrying cell phones or cameras.
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Filed Under: excessive force, omaha, police, warrantless search
Companies: aclu
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Ahem.
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Kim Dotcom.
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Doh
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Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Where fanboys assert that multi-billion industries are doing it all wrong!
02:46:15[c-117-6]
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out_of_the_blue just hates it when the lies of the Copyfraud Alliance are exposed.
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Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Let me see if I have this right:
1. If multi-billion dollar industries are doing it, it's correct....
and
2. The rich are horrible people and we should take all their money away.
You're the kind of enigma that doesn't deserve an answer....
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Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Words are cheap, actions are what matters, and while blue may constantly claim to hate the 'rich', other than his/her Google fixation(which could cure cancer and world hunger and blue would still be claiming they were satan incarnate), every time a rich company, group, or especially one of the *AA's get caught doing something underhanded, illegal, or quasi-legal, you can be sure blue will show up in an attempt to deflect attention away from, or defend, them.
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Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
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Re: Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
In terms of company, the biggest **AA member I could see on a quick glance was Disney at #66, though I might have missed a conglomerate owner somewhere. (http://money.cnn.com/magazines/fortune/fortune500/2013/full_list/index.html?iid=F500_sp_full)
So yeah, all this sycophantic behaviour isn't even sucking up to the profits of the most successful companies and industries, let alone justification for trying to destroy the businesses of more successful companies in the process.
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Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Could you please highlight where Ninja justifies taking things that don't belong to him as I think I missed that bit? (please take note of the spellings of these English words).
Also its worth noting that KDC has yet to be proven to have done anything illegal (that's how it works by the way, innocent until proven guilty).
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Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
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The irony, it burns!
You mean like when Dotcom's mansion was illegally raided, a whole bunch of stuff was illegally taken, and all his assets were frozen and therefor taken from him? That kind of 'taking what don't belong to 'em'? Or does it only count when you like the person/group?
Also, regarding your tagline/cheerleading act for those businesses you 'claim' to hate, a few numbers:
Digital(Record industry)
US Recording Industry Revenues from Online: $1.1 billion (2006), $1.7 billion (2007), $2.2 billion (2008), $2.5 billion (2009), $2.8 billion (2010), $3.0 billion (2011)
Physical(Record industry)
US Recording Industry Revenues from Physical: $9.7 billion (2006), $9.1 billion (2007), $8.0 billion (2008), $7.1 billion (2009), $6.4 billion (2010), $5.7 billion (2011)
Digital(Overall)
US Digital Music Revenues : $1.9 billion (2006), $2.8 billion (2007), $3.7 billion (2008), $4.5 billion (2009), $5.2 billion (2010), $5.7 billion (2011)
'Billion dollar industries', for now, if those groups you love and adore so much don't get their act together, it's only a matter of time until they are thrown in the dustbin and replaced by those that can adapt.
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Re: The irony, it burns!
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Re: Re: The irony, it burns!
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Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Yet again - ootb is so averse to reality, he has to create a fictional opinion for others in order to attack them. Sadly, the new year didn't provide medication for you to suppress your fantasies and hallucinations.
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Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Where fanboys assert that multi-billion industries are doing it all wrong!
Nokia was insanely huge, had the unquestionable lead in the mobile market. And they were doing it wrong. It's just that nobody was doing it right to overcome Nokia.
Just because you make billions because of being an established industry it does not mean you are doing it right. Or even if you did it right at the beginning if you fail to adapt to new developments the right will inevitably become the wrong.
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Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Yet another basic logical concept that ootb fails to comprehend, rendering his argument a strawman at best. What a shock.
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Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
One was a manufacturer of heavy digging equipment. Backhoes and the like that used cables. They basically ignored changes in the market and technology until one day hydraulic backhoes improved to the point that the two began competing for the same market demand, and the cable technology lost out big time to the hydraulic technology.
So yeah, established, successful companies can totally screw up and be doing it all wrong when technology changes the market.
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Re: Re: Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
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Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
Doesn't that summarize your position on Google?
I expect nothing less from a Nazi loving hypocrite.
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Re: Re: Re: Police breaking laws in NO WAY justifies Kim Dotcom breaking laws!
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I do have to wonder though, did the neighbor who's video provided such solid evidence receive a 'visit' or two one it became clear just who'd filmed the police playing 'SWAT team'? Given the cops broke into a house to steal a phone and delete evidence once, I'm sure it was only the fact that the video was already public that would have saved the person who took it a similar 'visit'.
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This is why
The abuses of police are only going to get worse not better.
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Re: This is why
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They all think they are doing something good. They have their rationalizations, false perceptions, etc. How do you combat that?
Gestapo tactics may be at least partly due to a strong "us vs them" mentality the police and its leadership have against the citizenry. This could be due to the fact that they work with some of the worst and most despicable human vermin that we don't generally see.
The problem is that they then get to thinking that everyone who is not in the police department is part of "them".
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I think this is true for most. I can just imagine the people who work for the NSA feel they are doing their patriotic duty.
What I can't understand, is how the police who closed down two hotels on the Blue Ridge Parkway and kicked an elderly couple out of their home during the government shutdown view themselves. I hope they see a monster every time they look in a mirror for the rest of their lives.
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I am absolutely certain that this is true, and it makes me sad.
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Seem to be using the same tactics as the Nightwatch, who thought they were also doing their patriotic duty.
http://www.youtube.com/watch?v=T3VA9pZ_kY0
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Standard Operating Procedure
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Re: Standard Operating Procedure
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Sometimes, like this time, they go completely overboard.
Othertimes, however, you have suspects who struggle and thrash and can end up hurting either themselves or the officer, so they want backup just in case.
I, myself, am around 6 feet tall and over 230 lbs. Do you think that it would be easy for a cop to take me down without resorting to their weapons if I put up a fight? And, let's be frank, if someone throws a punch at you, unless you've got your hand on your weapon and are lightning fast, you don't have time to pull out a billy club or mace.
If I start thrashing and struggling, I could do some real damage to a police officer if it was just one person.
Yes, it shouldn't require more than 2, but sometimes you find people on PCP or are on some other drug and whatnot.
While that doesn't excuse the actions of bad cops, you have to understand why cops end up in packs like they do. There was no need for this response level from them for a video though.
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http://www.cracked.com/article_20841_5-things-i-learned-as-cop-that-movies-wont-show-you.html - read more here from an ex-cop.
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I'm encouraged..
Still, its not nearly enough...
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Re: I'm encouraged..
Saying that, i wonder if i'm being to cynical thinking "Scapegoat".
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Nothing like ruining the lives of a whole family to cover up that you are a dickhead.
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and this only happens in Omaha, huh?
yeah! right!!
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I missed where he said that, can you point it out?
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All laws are ultimately enforced by a guy with a gun
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Re: All laws are ultimately enforced by a guy with a gun
You're in favor of repealing all laws that could not justifiably involve a homicide?
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Police State
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And this is news?
This is nothing new, as far as OPD are concerned.
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/sarcasm.
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No comment this time?
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Omaha police
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"ACLU Sues City Of Omaha, 32 Police Officers For Use Of Excessive Force.."
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Re: "ACLU Sues City Of Omaha, 32 Police Officers For Use Of Excessive Force.."
The fired officers should not be re-hired by anyPD at any future date.
FTFY
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"Unbelievably" sadly all too believably these days.
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Rule Number One:
ALWAYS SHOOT THE DOG. Always. Without hesitation. It's (pre-emptive) self-defense. No cop has ever been punished for killing someone's dog. (though a civilian defending herself against a police dog that's ripping her arm to bloody shreds commits a felony offense, as these trained attack dogs are deputized law enforcement officers)
Rule Number Two:
ALWAYS FIND SOMETHING ILLEGAL to justify a warrant-less search, especially a violent one. Drugs and guns are the standard choice. Ideally, the cop who finds it should not be the same cop who plants it.
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As the police are a Government dept, as such they have both oversight and checks & balances in place to prevent this kind of thing happening.
This must have been one of those accidental/inadvertent abuses of power.
Or something.
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Re:
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Firing is not enough
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Omaha homes for sale
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Additional Defendant's
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