Why You Really Can’t Fight City Hall, At Least Over the Police – POLITICO

In the early morning hours of January 28, 2000, a Black police officer named Cornel Young Jr. —“Jai” to those who knew him—was off duty, dressed in plain clothes, and waiting on a steak sandwich from an all-night diner in a rough section of Providence, Rhode Island. A fight broke out at the front of the restaurant and quickly spilled outside. Someone brandished a gun. Young jumped into action, shouting “Police!” as he rushed through the diner and drew his weapon. Within seconds, he would be bleeding in the snow outside the restaurant, shot multiple times by two white, uniformed officers from his own department. Within hours, he would be dead.

Those are the basic facts, and the sadness of them transcends politics. If Black lives matter and blue lives matter, as they all most assuredly do, the killing of patrolman Cornel “Jai” Young was doubly tragic.

But the tragedy does not end there. As an attorney who has litigated civil rights cases, I can tell you that the tragedy of Jai Young’s story actually ends in a courtroom, some six years after his death, when the city of Providence slipped through a gaping chasm in federal civil rights law—one that has largely escaped scrutiny in the current national push for racial justice reform. It’s called the Monell Rule, and it’s why cities and police departments are rarely held accountable for the actions of police officers.

To learn more about her case, I recently reached out to Leisa Young, Jai’s mother, who fought the city of Providence in court for the better part of five years. She is an impressive woman: a bright, successful, former single mother who lifted herself out of poverty while raising an exceptional son. The pain of his death has hardened with time, the way scar tissue fills a wound that once might have been fatal. When she speaks of Jai now, Leisa’s voice does not crack, though she tends to change the subject.

The story she tells is awash in irony. Jai had entered the police force to change it, and he died, Leisa believes, because of the very problems he wanted to fix. Growing up, Jai had not been immune to the racial profiling so often experienced by young Black males. But his father—from whom Leisa had long since been divorced—was a police officer, and through him Jai developed an interest in community-based police reforms. By joining the force, Jai hoped to change what he saw as a militaristic approach to policing, especially in low-income neighborhoods like the one where he eventually died.

Leisa tells me that one of the cops who shot her son had been his classmate at the police academy and might have recognized him if he had only paused an instant before shooting: “Out of uniform, in that neighborhood, Jai was just another target.”

When asked about the city’s handling of her son’s case, Leisa responds with exasperation—the type of chronic emotional fatigue known only to those unfortunate souls who have spent years fighting a more powerful and highly motivated enemy. You can’t fight city hall, they say. Most people know the phrase; Leisa Young has lived it.

From the very beginning, the city circled the wagons. Just two days after Jai’s death, the mayor of Providence declared in the local press that race had not been a factor in the shooting. In a televised interview, a high-ranking officer predicted the two shooters would be exonerated by the department’s internal investigation, which was just barely underway. Meanwhile, Leisa says, city officials worked privately to convince her that Jai was somehow at fault in his own death because he had been pointing his firearm sideways, “like a thug.” Recalling the accusation now, Leisa dismisses it with a laugh that is somehow charming and bitter at the same time: “Where would he have learned that? In thug school?”

The 2003 verdict has never been overturned, and in the eyes of the law, the violation of Jai Young’s civil rights is an unassailable fact. That verdict almost certainly would have ended the case if Leisa had been suing a trucking company over a traffic accident, or a chemical company over a cancer-causing pesticide. But hers was a civil rights lawsuit against a city government, and though she still does not understand what it means or why, she would spend the next two years trying to overcome something called the Monell Rule.

I first learned about the Monell Rule in 2013, shortly after I accepted my first civil rights case. I had been practicing business law in Texas for 15 years when a friend asked for my help in a case involving threats and extortion by a small-time city government. It was not my area of the law, so I immersed myself in legal research, and it wasn’t long before I encountered this little-known legal rule that, despite its obscurity, plays a massive role in virtually every federal civil rights lawsuit against a city or county government. One case led to another, and I have been fighting the Monell Rule ever since.

To understand it, one must go back briefly to the end of the Civil War, when Congress passed the Civil Rights Act of 1871. The 13th, 14th and 15th Amendments had just been ratified, promising civil rights to emancipated slaves and other citizens. The 1871 law—also known as the Third Enforcement Act—was designed to provide a mechanism for enforcing these constitutional guarantees and it authorizes individual citizens to bring private lawsuits for civil rights violations committed by police and other persons cloaked in the authority of state or local governments. Today, among lawyers, this law is known simply as “Section 1983,” and it remains one of the most important civil rights statutes in the country.

In 1961, in a case called Monroe v. Pape, the U.S. Supreme Court ruled that city governments were exempt under Section 1983. The Monroe case involved horrific allegations of racial abuse at the hands of 13 Chicago police officers who had allegedly broken into a Black couple’s apartment and forced them to stand naked in front of their children as they beat the father with a flashlight, degraded him with racial slurs and ransacked the apartment. The Supreme Court ruled that the officers could be sued under Section 1983, but the city of Chicago could not.

Unsurprisingly, the Monroe decision was met with heavy criticism, and the Supreme Court eventually reversed itself—sort of. In Monell v. Department of Social Services of the City of New York, the high court ruled that cities are accountable under Section 1983, but only if the civil rights violation was caused by “official policy” of the city government. The court’s reasoning was based on a strained reading of the 1871 law, and has been often criticized ever since, but the rule established in Monell has nonetheless survived and evolved.

Today, “official policy” can be proven in multiple ways, but the gist is always the same: the civil rights violation must have been caused by a deliberate policy choice made at the highest levels of a city government, or by a pattern of institutional neglect so pervasive and consistent that it constitutes “deliberate indifference” by city policymakers. It is a very high bar, and clearing it often depends on facts and concepts that are inherently elusive.

The Monell Rule is unique to civil rights litigation and exists nowhere else in the legal world. If, for example, an Amazon delivery driver were to negligently cause a traffic accident while on the job, Amazon would ordinarily be liable for the victim’s injuries; there would be no need for the victim to prove that Jeff Bezos or Amazon’s board of directors had caused the accident through their corporate policies or their “deliberate indifference” to the rights of potential accident victims. In the civil rights context, however, that is essentially what the Monell Rule requires. In simplest terms, the Monell Rule is a barrier to government accountability. It puts legal distance between city governments and their employees, allowing cities to avoid responsibility for the on-the- job conduct of their own police officers.

As a practical matter, the Monell Rule blocks the only pathway by which civil rights victims can hold police departments accountable. Victims of police violence have three basic avenues to justice: criminal prosecution of the individual officers involved; a civil lawsuit against the same officers; or a civil lawsuit against the municipality that employs them. The first two avenues have their own unique challenges, such as the high burden of proof in criminal cases, or the qualified immunity standard that protects individual police officers from liability in civil suits. But the first two avenues—even where successful—punish only the individual officers. It is only the third avenue that has the potential to impact municipal police departments as a whole, and the Monell Rule blocks that avenue like a barricade.

Source: Why You Really Can’t Fight City Hall, At Least Over the Police – POLITICO

America doesn’t want unity. It wants absolution without restitution ::: Renee Graham :: The Boston Globe

America doesn’t want unity. It wants absolution without restitution

Renee Graham, Boston Globe

Throughout his campaign, and especially during his first speech as president-elect, Joe Biden stressed the need for unity. “Our nation is shaped by the constant battle between our better angels and our darkest impulses,” he said. “It is time for our better angels to prevail.”

Abraham Lincoln first summoned “the better angels of our nature” in his inaugural speech in 1861. A month later, the Civil War began; we’ve been waiting ever since for these rumored apparitions of our nation’s inherent goodness to prevail.

America has never wanted unity. It prefers absolution over restitution.

When this nation’s leaders speak of unity, that often means, “We need to move on,” even though unchecked trauma leaching from one generation to another prohibits any such thing. For many of us, especially Black and brown people, unity is a five-letter word for “Shut up and get over it.” That is how this nation regards calls for repair of systemic disenfranchisement.

Before accord, there must be an accounting — otherwise, it’s like leaving a tick’s head embedded beneath the skin. The problem is less visible, but the host body remains sick and unsound.

In his speech, Biden seemed to speak very specifically about the horrors imposed these past four years. (And they aren’t over.) Of course, what we witnessed during the Trump years was an amplification of the racism and other hatreds that plagued this country long before a failed businessman became a failed president.

“Every day we hear about how society is splitting apart — a polarized Congress, a fragmented media market, a persistent schism among Americans over social issues. But really, how bad are the divisions?” Bob Cohn (now president of The Economist), wrote in The Atlantic. His conclusion: “Pretty bad.”

That was seven years ago. Trump did not create the divisions; he exploited the hell out of them.

About 10 million more people voted for Trump in the 2020 election than in 2016. Again, most of them are white. This I believe: They want to be feared, not understood, and their only definition of unity is aligning against anyone who doesn’t think like them. They’re willing to tear this nation apart with baseless, anti-democracy conspiracies to slake one man’s flimsy ego and their own relevance in an increasingly multiracial, multicultural nation.

Fox News is even chiding Democrats for lobbing “angry rhetoric at those who have worked with and for, and even those who simply support, Trump.” For the president’s propaganda network, achieving unity is a burden to be borne only by those who oppose the president. I don’t hear many Trump supporters reckoning with why they still support the worst president in modern American history.

And that’s par for this country. During a 2017 Harvard conference on universities and slavery, writer Ta-Nehisi Coates said, “I don’t know how you conduct research that says your very existence is rooted in a great crime, and you just say, at best, ‘Sorry,’ and walk away.

For its entire existence, America has mostly walked away. From nearly 250 years of Black people in bondage to the genocidal “Trail of Tears” that forced thousands of Indigenous people from their lands in the 1800s; from the 1921 Tulsa Race Massacre during which white people killed hundreds and destroyed that Oklahoma city’s “Black Wall Street” to every barbarity the current administration concocted to punish those who sought only a better life, this nation continually opts for historical amnesia over atonement.

As the Rev. Bernice King, daughter of Martin Luther King Jr., tweeted, “We can’t skip justice and get to peace.” Nor can we get there without equality.

Scars of this catastrophic presidency will lie alongside festering wounds long untended. There’s no shortcut to unity, a challenge in a nation that would rather be comfortable than truthful. This unfinished democracy will never be whole until all of its practitioners abandon the collective silence that cloaks their complicity. To move toward unity, white supremacy must first be demolished. America has shown no serious inclination to do that, and more than 72 million Trump voters serve as damning proof.

For the sake of this country, I wish Biden every success. I hope he understands that unity is not self-achieving. The most arduous labor must be done by those who have inflicted or benefited from the pain of so many others. Until then, do not ask me to forgive all this nation is too eager to forget.


Renée Graham can be reached at renee.graham@globe.com. Follow her on Twitter @reneeygraham.

Source: America doesn’t want unity. It wants absolution without restitution – The Boston Globe

“Thinking through the Silence” Dr. Tommy J. Curry

Dr. Tommy J. Curry

“The scholarship surrounding male rape in war and genocides is new and perplexing for many scholars. Whereas previous scholarship simply assumed that women were rape victims and men were the perpetrators, the discovery of male victims of rape has forced many researchers to rethink the politicized nature of older paradigms. Misra for example has argued that “most of the contemporary scholarship on sexual violence in armed conflicts is not only biased towards the female gender but is heavily influenced by a feminist monopolization of that space that has sought to describe such violence as binary in nature: it is only perpetrated again the female gender by male members of the society.” This binary division of violence renders male victims of sexual violence and rape conceptually invisible. Researchers and scholars are simply unable to interpret males, even men subjugated within genocide and war, as victims because the encountering of the male rape victim in real-life conflicts with the pre-determined view of men as perpetrators of rape in theory. Misra continues, “Thanks to this biased interpretation where the feminist concern is primarily to highlight the victimization of women by men, male sufferers have simply become ‘absent victims’ in such gender analyses of conflict dynamics. Therefore, it would not be incorrect to suggest that there is a conceptual and definitional confusion over gender-based violence.” Marysia Zalewki’s “Provocations in Debates about Sexual Violence against Men” takes a similar view of how male victims of rape and sexual violence are theorized. She writes:

Tommy J. Curry’s provocative book The Man-Not is a justification for Black Male Studies. He posits that we should conceptualize the Black male as a victim, oppressed by his sex. The Man-Not, therefore,is a corrective of sorts, offering a concept of Black males that could challenge the existing accounts of Black men and boys desiring the power of white men who oppress them that has been proliferated throughout academic research across disciplines.
Curry argues that Black men struggle with death and suicide, as well as abuse and rape, and their genred existence deserves study and theorization. This book offers intellectual, historical, sociological, and psychological evidence that the analysis of patriarchy offered by mainstream feminism (including Black feminism) does not yet fully understand the role that homoeroticism, sexual violence, and vulnerability play in the deaths and lives of Black males. Curry challenges how we think of and perceive the conditions that actually affect all Black males.

it can be argued that the putative innocence of feminist scholarship, traditionally presented as an emancipatory justice project, works to conceptually conceal not only women’s proclivities to violence, including sexual violence, but also to conceal the ‘truth’ of male victimhood. The veracity of all of these claims might easily be challenged (or confirmed), yet there is surely something about the gendered focus on women and all her epistemological, ethical, ontological scaffolding that might go some way in explaining why there has been so little attention to sexual violence against men, at least until very recently.

Dr. Tommy J. Curry
Chair of Africana Philosophy & Black Male Studies @ University of Edinburgh. 2018 American Book Award. Editor of Black Male Studies Series on Temple Univ Press.

How we come to understand victimization, specifically what kind of violence creates victims, is of the utmost importance in our interpretation of Jewish male victims and their suffering. Jewish male rape cannot be truly understood if it is thought to be exceptional or a lesser form of violence endlessly compared to death. These young men and boys understood themselves—as males—being raped. Said differently, Jewish men are not simply analogous of female sexual experience. Scholars cannot hear the stories and accounts of Jewish males and imagine them to be females to understand how they could suffer rape. Inevitably one is drawn back to their socialized idea of a rape victim who is often a girl or woman. In doing so the researcher asks: “How do women or girls who are raped react?” This is not the proper question to ask in the listening to or reading of Jewish male survivor stories. Jewish men and boys suffered within their male body. They utilized their male bodies to attain food, clothes, and protection. These young accepted the violence of rape and the excruciating pain of anal penetration to escape death themselves or to help spare the lives of their friends.”

About Dr. Tommy J. Curry

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Dr. Curry has been an OUR COMMON GROUND Voice and OCG Incolocotur since 2013.

Tommy J. Curry is an Black-American author and professor of Philosophy. He currently holds a Personal Chair in Africana Philosophy and Black Male Studies at the University of Edinburgh. In 2018, he won an American Book Award for The Man-Not: Race, Class, Genre, and the Dilemmas of Black Manhood. He has been an OUR COMMON GROUND Voice and OCG Incolocotur since 2013.

He is arguably one of the nation’s most prolific philosophers of race, whose research focuses on the Black male experience— is leaving the United States to become the Chair of Africana Philosophy and Black Male Studies at the University of Edinburgh.

Curry, 39, who currently holds a full, tenured professorship in the Department of Philosophy at Texas A&M University  is an expert on Critical Race Theory, Africana Philosophy, Black Male Studies and Social Political Thought and was recognized by Diverse as a 2018 Emerging Scholar.

“The political climate in the United States has made the study of racism a dangerous option for Black scholars,” said Curry, in an interview with Diverse. “Identifying the violence of White supremacy has now become equated to anti-Whiteness. In Europe, there is an effort to understand the Black experience, particularly the Black male experience.”

In announcing Curry’s appointment, Dr. Holly Branigan, head of the School of Philosophy, Psychology and Language Sciences at the University of Edinburgh said that the hiring of Curry amounted to a real game changer for the institution founded in 1582.

Associate Professor at Texas A&M UniversityPast: Penn State and Southern Illinois University Carbondale

Studied Critical Race Theory at Southern Illinois University Carbondale Attended from 2005 to 2008

More about Dr. Curry and his current scholarship and research.

Tommy Curry on Facebook On Twitter:

The Liberal Betrayal of America’s Most Vulnerable

“It’s no secret that the U.S. incarcerates a shocking number of its own people, primarily the poor and people of color. With 2.3 million Americans currently being held in prisons, the country has the largest prison population in the world. But even as awareness of mass incarceration grows, two crucial questions remain at the heart of the debate on prison reform: Why does the U.S. imprison so many people, and how do we change our toxic approach?

These are the issues Tony Platt, author of “Beyond These Walls: Rethinking Crime and Punishment in the United States,” and Truthdig Editor in Chief Robert Scheer discuss in the latest installment of “Scheer Intelligence.”“When I started writing this book,” says Platt, a scholar at the University of California at Berkeley. “I was trying to answer the question: Why is it so difficult to make any kind of fundamental, decent, humane change in criminal justice institutions? Why are [our leaders] so resistant to this?”

Source: The Liberal Betrayal of America’s Most Vulnerable

‘When They See Us’ Shows a Case’s Impact on U.S. Policy – The Atlantic

When They See Us is primarily focused on the racist logic of the policing, court, and prison systems that cost the five defendants their childhood. The series also profoundly illuminates some inherent problems in American criminal justice from a range of perspectives. Viewers get an intimate glimpse of mothers, fathers, and siblings fighting for the freedom of their loved ones; law-enforcement authorities classifying these same boys as “animals”; and protesters on both sides holding signs, declaring “it’s not open season on women” or the real rapist in court today is the New York police and the D.A.

Ultimately, the hysteria surrounding the Central Park Jogger case gave rise to new language about black-youth crime, and to new laws that caused more children to stand trial as adults than at any other time in American history.

When They See Us gets the audience closer to understanding why juvenile and adult prison populations exploded through the 1990s, and how the United States became home to the largest incarceration system in the world.

Source: ‘When They See Us’ Shows a Case’s Impact on U.S. Policy – The Atlantic

Read: Ava DuVernay does true crime differently in ‘When They See Us’

The conditioning that fuels the mental health epidemic for Black men, and how to stop it – The Black Youth Project

“Gender, through the lens of white supremacy, prescribes how we should be, instead of accepting us how we are. It tells boys they’re not supposed to cry (or even feel emotion), and it tells girls they’re supposed to be good at cooking and play with Barbies. Those are small examples of a much larger issue, and these gendered lessons exist at every turn, are all-consuming and ripple across our lives.There are people in bodies deemed masculine who have been told they are a boy time and time again, even though that’s not how they feel inside. They are told their feelings are unnatural and irrelevant. Boys are told over and over again that they must follow certain rules, their lives must be a certain way, their dreams must be a certain thing.Gender also tells us that we are not whole and are only one part of a whole; the whole being a man and a woman. This is incredibly anti-queer and an unhealthy way to view yourself and a relationship.

Viewing yourself as less than a whole being who possesses the capacity to be masculine and feminine, and perform a variety of roles or possess skills that are deemed feminine, is illogical.It is terrifying to think that so many of us internalize these messages on a deep, subconscious level, a message that exposes men to constant emotional isolation and violence if they exist outside of these preset parameters. It is alarming that many men move through life seeing themselves as incomplete because they will never be with a woman or because they have yet to marry their “soulmate.” It’s alarming that people will not teach their boys how to cook, robbing them of that  that necessary survival skill. It is alarming how many people feel uncomfortable seeing men cry.”

Source: The conditioning that fuels the mental health epidemic for Black men, and how to stop it – The Black Youth Project

The Most Radical City on the Planet | Boston Review

“Black radicals had been experimenting with electoral strategies since the 1960s. In 2008 the Malcolm X Grassroots Movement (MXGM) studied the lessons learned from this work in the South and identified ways to advance movement goals. This work culminated in the 2012 publication of the Jackson-Kush Plan, which called for people’s assemblies (a grassroots co-governance model), an independent black political party, and a broad-based solidarity economy. Along the way, MXGM members identified Chokwe Lumumba to run for Jackson city council in 2009. He won, and by the time he ran for mayor four years later, he was well known, with an established infrastructure to support him.”

Source: The Most Radical City on the Planet | Boston Review

 

Black Men Still Incarcerated at Disproportionate Levels | BlackPressUSA | BlackPressUSA

” . . . the report’s authors said the local government should be doing more to support those who are justice-involved, including those who are formerly incarcerated and those with parole, probation, and community supervision.These individuals and their families struggle with access to housing, employment, educational opportunities, and meeting health and mental health needs and experience a patchwork of services that are under-resourced and not targeted to meet the complex challenges that come before, during, and after justice involvement, FPWA officials said.The result is a continuing cycle of poverty and incarceration that has a devastating impact on families for generations, they said.“If we are serious about ending mass incarceration, if we want to disrupt systems that criminalize the poor, we must better utilize and resource the organizations that are already providing critical services in these communities,” Jennifer Jones Austin, FPWA CEO and Executive Director, said in a news release.“Systemic racism drives both poverty and the mass incarceration of low-income people, especially people of color. This cycle of poverty and criminal justice involvement feeds on itself and creates herculean barriers to achieving economic and social advancement, for those who have been justice involved and for their loved ones,” Jones said.“There are proven ways to support communities experiencing high levels of poverty, income insecurity and incarceration. Human services organizations are a key part of those solutions,” she said.”

Source: Black Men Still Incarcerated at Disproportionate Levels | BlackPressUSA | BlackPressUSA

How Race Made the Opioid Crisis | Boston Review

 

DONNA MURCH

Source: How Race Made the Opioid Crisis | Boston Review

Ten Solutions to Bridge the Racial Wealth Divide – Inequality.org

The deep and persistent racial wealth divide will not close without bold, structural reform.  It has been created and held in place by public policies that have evolved with time including slavery, Jim Crow, red lining, mass incarceration, among many others. The racial wealth divide is greater today than it was nearly four decades ago and trends point to its continued widening.

Source: Ten Solutions to Bridge the Racial Wealth Divide – Inequality.org