Ferguson's Conspiracy Against Black Citizens

Despite the uncertainty surrounding the killing of Michael Brown, many black residents of Ferguson, Missouri, immediately thought that he was the victim of a wrongful death at the hands of police officer Darren Wilson, who shot him after a scuffle.

This week, the Department of Justice concluded that there is no evidence to disprove Officer Wilson's claim that he feared for his life during the encounter. And the federal agency also presented context that explains why so many black residents assumed foul play and took to the streets in protest: For years, Ferguson's police force has meted out brutality, violated civil rights, and helped Ferguson officials to leech off the black community as shamelessly as would mafia bosses.

So far, a disproportionate amount of press attention has focused on racist emails circulated by Ferguson officials, causing two to be fired and one to be placed on leave. While the correspondence in question is deeply offensive and worthy of condemnation, it is nowhere close to the most objectionable transgression documented in the DOJ report, which ought to prompt multiple Ferguson officials to resign in disgrace and provoke condemnations from across the political spectrum. Nearly every page shocks the conscience.

Ferguson officials repeatedly behaved as if their priority is not improving public safety or protecting the rights of residents, but maximizing the revenue that flows into city coffers, sometimes going so far as to anticipate decreasing sales tax revenues and urging the police force to make up for the shortfall by ticketing more people. Often, those tickets for minor offenses then turned into arrest warrants.

Police officers were judged not only on the number of stops they made, but on the number of citations they issued. "Officers routinely conduct stops that have little relation to public safety and a questionable basis in law," the report states. "Issuing three or four charges in one stop is not uncommon. Officers sometimes write six, eight, or, in at least one instance, fourteen citations for a single encounter." Some officers compete to see who can issue the most citations in a single stop.

In one email, the police chief, who also oversees the municipal court, brags to the city manager about how much revenue it is generating. Ignoring that conflict of interest is a recipe for a justice system that bleeds the powerless of their meager resources.

Ferguson's municipal court judge, Ronald Brockmeyer, who is appointed by the city council, is well aware that his job performance is evaluated partly based on how much revenue he generates from the bench. One 2011 internal report in Ferguson notes that Judge Brockmeyer made a list of  “what he has done to help in the areas of court efficiency and revenue.” The next year, a city council member suggested that he should not be reappointed, arguing that he "does not listen to the testimony, does not review the reports or the criminal history of defendants, and doesn’t let all the pertinent witnesses testify before rendering a verdict.”

If you think those shortcomings disqualified him, think again.

The report continues:

Establishing these glaring perverse incentives—effectively compromising the city's criminal-justice system to increase revenue—is enough to disgrace Ferguson's leaders all on its own, whether one regards them as civic imbeciles or moral cretins. But the consequences of these misdeeds and other transgressions against residents can only be fully understood with stories of Ferguson's many victims.   

While I recommend reading the whole DOJ report—I'd gladly see it assigned to every high schooler, college student, and state legislator in America—I'll focus the rest of this post on those stories and a few other particularly alarming findings. As you read on, keep in mind that this is but a selection of horrors from the DOJ report, which describes a tiny selection of all police misconduct stories in Ferguson.

One passage describes the way that Ferguson officials have criminalized being too poor to pay a ticket:

Here's how Ferguson officials wreak havoc on people's lives over the tiniest of infractions:

Older folks face an extra burden, but seem to get no slack:

Here's an incident that caused a Ferguson resident to lose a job he had held for years:

In the summer of 2012, a 32-year-old African-American man sat in his car cooling off after playing basketball in a Ferguson public park. An officer pulled up behind the man’s car... and demanded the man’s Social Security number and identification. Without any cause, the officer accused the man of being a pedophile, referring to the presence of children in the park, and ordered the man out of his car for a pat-down, although the officer had no reason to believe the man was armed. The officer also asked to search the man’s car.

The man objected, citing his constitutional rights. In response, the officer arrested the man, reportedly at gunpoint, charging him with eight violations of Ferguson’s municipal code. One charge, Making a False Declaration, was for initially providing the short form of his first name (e.g., “Mike” instead of “Michael”), and an address which, although legitimate, was different from the one on his driver’s license. Another charge was for not wearing a seat belt, even though he was seated in a parked car. The officer also charged the man both with having an expired operator’s license, and with having no operator’s license in his possession.

Here is a small part of the evidence that the city is racially biased against black residents:

... with respect to speeding charges brought by FPD, the evidence shows not only that African Americans are represented at disproportionately high rates overall, but also that the disparate impact of FPD’s enforcement practices on African Americans is 48% larger when citations are issued not on the basis of radar or laser, but by some other method, such as the officer’s own visual assessment.

These disparities are also present in FPD’s use of force. Nearly 90% of documented force used by FPD officers was used against African Americans. In every canine bite incident for which racial information is available, the person bitten was African American.

... African Americans are 68% less likely than others to have their cases dismissed by the court, and are more likely to have their cases last longer and result in more required court encounters. African Americans are at least 50% more likely to have their cases lead to an arrest warrant, and accounted for 92% of cases in which an arrest warrant was issued by the Ferguson Municipal Court in 2013. Available data show that, of those actually arrested by FPD only because of an outstanding municipal warrant, 96% are African American.

Our investigation indicates that this disproportionate burden on African Americans cannot be explained by any difference in the rate at which people of different races violate the law. Rather, our investigation has revealed that these disparities occur, at least in part, because of unlawful bias against and stereotypes about African Americans. We have found substantial evidence of racial bias among police and court staff in Ferguson. For example, we discovered emails circulated by police supervisors and court staff that stereotype racial minorities as criminals, including one email that joked about an abortion by an African-American woman being a means of crime control.

Here's an occasion when the Ferguson police department violated the Fourth Amendment:

Here is a second example of a Fourth Amendment violation:

Here are a third and fourth example:

Another objectionable incident happened in March 2013:

Some officers from the Ferguson police department are so poorly trained and ignorant of the law that they openly related their unconstitutional behavior to DOJ investigators:

Some unconstitutional practices were institutionalized in a process best described as legitimacy-through-official-sounding-jargon. Consider the "wanted" designation:

FPD and other law enforcement agencies in St. Louis County use a system of “wanteds” or “stop orders” as a substitute for seeking judicial approval for an arrest warrant. When officers believe a person has committed a crime but are not able to immediately locate that person, they can enter a “wanted” into the statewide law enforcement database, indicating to all other law enforcement agencies that the person should be arrested if located. While wanteds are supposed to be based on probable cause ... they operate as an end-run around the judicial system. Instead of swearing out a warrant and seeking judicial authorization from a neutral and detached magistrate, officers make the probable cause determination themselves and circumvent the courts.

... If officers enter wanteds into the system on less than probable cause, then the subsequent arrest would violate the Fourth Amendment. Our interviews with command staff and officers indicate that officers do not clearly understand the legal authority necessary to issue a wanted. For example, one veteran officer told us he will put out a wanted “if I do not have enough probable cause to arrest you.” He gave the example of investigating a car theft. Upon identifying a suspect, he would put that suspect into the system as wanted “because we do not have probable cause that he stole the vehicle.” Reflecting the muddled analysis officers may employ when deciding whether to issue a wanted, this officer concluded, “you have to have reasonable suspicion and some probable cause to put out a wanted.”

At times, FPD officers use wanteds not merely in spite of a lack of probable cause, but because they lack probable cause. In December 2014, a Ferguson detective investigating a shooting emailed a county prosecutor to see if a warrant for a suspect could be obtained, since “a lot of state agencies won’t act on a wanted.” The prosecutor responded stating that although “[c]hances are” the crime was committed by the suspect, “we just don’t have enough for a warrant right now.” The detective responded that he would enter a wanted. There is evidence that the use of wanteds has resulted in numerous unconstitutional arrests in Ferguson.

* * *

It's worth briefly pausing, amid this parade of official misconduct, ignorance of the law, and Constitutional violations to reflect on the fact that all of them are coming out of a municipality of just 21,000 residents. You can fit 41,000 at Wrigley Field. "Between July 1, 2010, and June 30, 2014," the report states, "the City of Ferguson issued approximately 90,000 citations and summonses for municipal violations."

* * *

Okay, back to the parade of horrors. Police sometimes complain that Ferguson residents are unwilling to call and report crimes or to cooperate as witnesses. There are surely occasions when this complaint is fully justified, but the behavior of the police has also alienated the community in totally understandable ways that relate very specifically to cooperating with law enforcement.

For instance:

Ferguson residents have a right to capture video of on-duty police officers in public places. But Ferguson police regularly intimidate or retaliate against folks with cameras.

For example:

In June 2014, an African-American couple who had taken their children to play at the park allowed their small children to urinate in the bushes next to their parked car. An officer stopped them, threatened to cite them for allowing the children to “expose themselves,” and checked the father for warrants.

When the mother asked if the officer had to detain the father in front of the children, the officer turned to the father and said, “you’re going to jail because your wife keeps running her mouth.” The mother then began recording the officer on her cell phone. The officer became irate, declaring, “you don’t videotape me!” As the officer drove away with the father in custody for “parental neglect,” the mother drove after them, continuing to record. The officer then pulled over and arrested her for traffic violations. When the father asked the officer to show mercy, he responded, “no more mercy, since she wanted to videotape,” and declared “nobody videotapes me.” The officer then took the phone, which the couple’s daughter was holding. After posting bond, the couple found that the video had been deleted.

After all the bad behavior reviewed so far, we still haven't even mentioned excessive force complaints. To no one's surprise, Ferguson police have a problem there too. When you see the acronym ECW, that means "electronic control weapon."

Think tasers.

Ferguson police use them often. For example:

Another example:

And here's a third taser incident for good measure:

Ferguson police also turn their dogs loose to bite black people—it's nearly always black people:

Here's a specific example of sending a police dog to bite a black person:

In December 2011, officers deployed a canine to bite an unarmed 14-year-old African-American boy who was waiting in an abandoned house for his friends. Four officers, including a canine officer, responded to the house mid-morning after a caller reported that people had gone inside. Officers arrested one boy on the ground level. Describing the offense as a burglary in progress even though the facts showed that the only plausible offense was trespassing, the canine officer’s report stated that the dog located a second boy hiding in a storage closet under the stairs in the basement. The officer peeked into the space and saw the boy, who was 5’5” and 140 pounds, curled up in a ball, hiding. According to the officer, the boy would not show his hands despite being warned that the officer would use the dog. The officer then deployed the dog, which bit the boy’s arm, causing puncture wounds.

According to the boy, with whom we spoke, he never hid in a storage space and he never heard any police warnings. He told us that he was waiting for his friends in the basement of the house, a vacant building where they would go when they skipped school. The boy approached the stairs when he heard footsteps on the upper level, thinking his friends had arrived. When he saw the dog at the top of the steps, he turned to run, but the dog quickly bit him on the ankle and then the thigh, causing him to fall to the floor. The dog was about to bite his face or neck but instead got his left arm, which the boy had raised to protect himself. FPD officers struck him while he was on the ground, one of them putting a boot on the side of his head. He recalled the officers laughing about the incident afterward.

The lack of sufficient documentation or a supervisory force investigation prevents us from resolving which version of events is more accurate. However, even if the officer’s version of the force used were accurate, the use of the dog to bite the boy was unreasonable. Though described as a felony, the facts as described by the officer, and the boy, indicate that this was a trespass—kids hanging out in a vacant building. The officers had no factual predicate to believe the boy was armed. The offense reports document no attempt to glean useful information about the second boy from the first, who was quickly arrested. By the canine officer’s own account, he saw the boy in the closet and thus had the opportunity to assess the threat posed by this 5’5” 14 year old. Moreover, there were no exigent circumstances requiring apprehension by dog bite. Four officers were present and had control of the scene.

This next dog example captures the level of illogic that is sometimes contained in Ferguson police reports:

Residents hoping for more just treatment when they get their day in court are often disappointed. The sentence that best sums of the dysfunction of the Ferguson municipal court is this one: "Ferguson, unlike other courts in the region, does not include any information about its operations on its website other than inaccurate instructions about how to make payment." This would be comical if not for the fact that failure to pay frequently causes people to be arrested, even when what they're paying is a fine for a simple code violation or ticket.

Says the report: