12 April 2014 (09:43 UTC-07 Tango)/11 Jumada t-Tania 1435/23 Farvardin 1393/13 Wu-Chen 4712

The overwhelming majority of cops in the United States claim to be Christians, yet they love to use violence and deadly force.  Now, the U.S. Department of Justice (DoJ) has slammed the city police force of Albuquerque, New Mexico, of outright violation of the U.S. Constitution, including violence and killings of unarmed people.

“They also have not addressed longstanding deficiencies that have allowed a culture of indifference to constitutional policing and insularity to develop within the department.

We find this pattern or practice in the following areas:
(1) Albuquerque police officers too often use deadly force in an unconstitutional manner in their use of firearms. To illustrate, of the 20 officer-involved shootings resulting in fatalities from 2009 to 2012, we concluded that a majority of these shootings were unconstitutional. Albuquerque police officers often use deadly force in circumstances where there is no imminent threat of death or serious bodily harm to officers or others. Instead, officers used deadly force against people who posed a minimal threat, including individuals who posed a threat only to themselves or who were unarmed. Officers also used deadly force in situations where the conduct of the officers heightened the danger and contributed to the need to use force.

(2) Albuquerque police officers also often use less lethal force in an unconstitutional manner. We reviewed a random sample of the department’s use of force reports completed by officers and supervisors between 2009 and early 2013. Our sample consisted of over 200 force reports. We find that officers frequently misused electronic control weapons (commonly referred to by the brand name “Tasers”),  resorting to use of the weapon on people who are passively resisting, observably nonthreatening but unable to comply with orders due to their mental state-, or posed only a minimal threat to the officers. Officers also often used Tasers in dangerous situations. For example, officers fired Tasers numerous times at a man who had poured gasoline on himself. The Taser discharges set the man on fire, requiring another officer to extinguish the flames. This endangered all present. Additionally, Albuquerque police officers often use unreasonable physical force without regard for the subject’s safety or the level of threat encountered. Officers frequently use takedown procedures in ways that unnecessarily increase the harm to the person. Finally, officers escalate situations in which force could have been avoided had they instead used de-escalation measures.

(3) A significant amount of the force we reviewed was used against persons with mental illness and in crisis. APD’ s policies, training, and supervision are insufficient to ensure that officers encountering people with mental illness or in distress do so in a manner that respects their rights and is safe for all involved.

(4) The use of excessive force by APD officers is not isolated or sporadic. The pattern or practice of excessive force stems from systemic deficiencies in oversight, training, and policy. Chief among these deficiencies is the department’s failure to implement an objective and rigorous internal accountability system. Force incidents are not properly investigated, documented, or addressed with corrective measures.  

…..in a 2011 civil trial involving the shooting death of Andrew Lopez in which a state court found that an officer used unreasonable force, the City’s expert, a training officer, testified that the officer’s actions were “exemplary and that he (the expert) would use this incident to train officers on the proper use of deadly force.” The court concluded that the deadly force training provided to APD officers “is designed to result in the unreasonable use of deadly force.” We found other examples of similar praise or approval by police supervisors in force investigations we reviewed.

These concerns stemmed from a number of high-profile incidents suggesting unreasonable conduct by some officers, including: (1) a high rate of shootings, including more than 25 shootings in the two-year period before our investigation started; (2) high profile uses of less lethal force, including Taser deployments and physical force captured on video; (3) a large number of judgments and settlements against the City signifying that many uses of force were unjustified; and ( 4) concerns raised by local leaders and advocates culminating in a City Council measure seeking an outside investigation by DOJ.

The PERF [Police Executive Research Forum] report noted that shootings increased, even though “both violent crime and assaults on officers have been on a downward trend.” The PERF report found that multiple officers were present at 81% of the shooting incidents they reviewed. Given the level of misconduct we uncovered, the presence of multiple officers is significant because officers have a duty to intervene to prevent other officers from using excessive force.

We have reasonable cause to believe that officers of the Albuquerque Police Department engage in a pattern or practice of use of excessive force, including unreasonable deadly force, in violation of the Fourth Amendment…….. 

We find that the Albuquerque Police Department engages in a pattern or practice of unreasonable use of deadly force in officers’ use of firearms. We reviewed all fatal shootings by officers between 2009 and 2012 and found that officers were not justified under federal law in using deadly force in the majority of those incidents. This level of unjustified, deadly force by the police poses unacceptable risks…..

Albuquerque police officers shot and killed civilians who did not pose an imminent threat of serious bodily harm or death to the officers or others.

Albuquerque police officers used deadly force on individuals in crisis who posed no threat to anyone but themselves.

Albuquerque police officers’ own recklessness sometimes led to their use of deadly force.

Engages in a Pattern or Practice of Unconstitutional Use of Less Lethal Force.

Albuquerque police officers used force against individuals who were passively resisting and posed a minimal threat.

Albuquerque police officers used excessive force against individuals with mental illness, against individuals with impaired faculties, and against individuals who require medical treatment.

Systemic Deficiencies Cause or Contribute to the Use of Excessive Force.

Inadequate Internal Accountability Measures Contribute
to the Pattern or Practice of Excessive Force.“-U.S. Department of Justice report sent to Mayor Richard J. Berry concerning Albuquerque Police Department

If you think what I’ve posted is damning wait until you read all the pages of examples of police crimes in the DoJ’s 46 page report (www.justice.gov/crt/about/spl/documents/apd_findings_4-10-14.pdf)!

And read the 2012 DoJ report about the cops of Portland, Oregon (www.justice.gov/crt/about/spl/documents/ppb_statementofintent_9-12-12.pdf).

“Our ideals and principles, as well as our national security……..That’s what makes America different. That’s what makes us exceptional.”-Barack Obama, 10 September 2013