How Much Do We Pay for False Imprisonment ?

The level of uneasiness between police officers and citizens have hit an all-time high and we see this unrest play out in society. With cases like Eric Garner bombarding the news, it’s no secret that police brutality and misconduct has been on the rise. Since when is illegally selling cigarettes worth strangling someone to death over? Police brutality is not the only form of police misconduct- false arrest of citizens can be an excruciating experience that sends innocent people to prison for simply being in the wrong place at the wrong time.

How do police officer’s killings of citizens affect us as taxpayers? Police officers are granted a Qualified Immunity Doctrine by the Supreme Court. This is a protective order that is designed to protect police officers from facing punishments from their mistakes or unlawful actions. In theory, this Qualified Immunity Doctrine is designed to shield officers who are properly bringing justice to criminals and who handle situations appropriately- if someone is upset for getting arrested if he/she was guilty of committing a crime, well this doctrine will protect the police from this potential complain or lawsuit. Since videos have been released of police officers using unnecessary excessive force on unarmed people, citizens are growing scared that officers are abusing this immunity from the Supreme Court to get away with their unjust behavior. We see this reaction happening through protests and the creation of new activist groups. This is where the disconnect lies between police officers and citizens- where is the accountability from the police? The most honorable intentions are associated with most police officers, but has that been the case recently?

Part of the disconnect between officers and citizens is the unfairness in power and how that power is used. Not to mention, police are offered different treatment when it comes to false arrests or misconduct, which can be extremely frustrating to those who are left to deal with the unethical behavior. Chicago’s taxpayers have had to pay over $120 million for one police commander, Jon Burge’s racial torture. Although Burge oversaw the torture of over 118 black men – which would typically lead to decades in prison- he was released in three-and-a-half years and sent to a halfway house. All the men he tortured remain behind bars with nothing.

Typically, false arrest from police officers fall into the police misconduct category which can encompass police brutality, false arrest, and wrongful death. According to the University of Michigan Law School's National Registry of Exonerations report, 75% of homicide exonerations involved police misconduct. One widely publicized example of a wrongful arrest was James Bain, who was convicted of kidnapping and rape at the age of 18. He served 35 years for a vicious crime he did not commit. Although DNA evidence was tested and presented previously, he was refused further DNA testing from the courts until his fifth try in 2006. Although

misidentification from eyewitnesses account for 75% of all convictions that are overturned by DNA evidence, Bain was wrongfully arrested and incarcerated by police.

People may think that the police arrest people who they think are guilty of a crime, and if they are wrongfully arrested, they are quickly released and go about their happy lives appreciative of the verdict. That is far from the truth in most cases where the arrest was outright wrong and unlawful. Many people who are falsely arrested fight back and sue the police officer or city station who wronged them and because of this, the public is responsible for paying that fee. For example, Steven Avery sued the county along with the retired sheriff and district attorney- who it appeared went out of their way to convict Avery - for $400,000 for his false imprisonment of allegedly rape and murder.

Additionally, Robert Graham was arrested for disorderly conduct by a police officer who was stuck in traffic behind him. Due to the gridlock traffic in New York City, Graham was also stuck in traffic and unable to move. The police officers wrongfully arrested Graham due to the circumstances of the situation. Graham’s wrongfully arrested case was one of the ones that contributed to New York taxpayers paying $18 million to pay back people who were wrongfully arrested by officers. The alarming issue intertwined with this unethical behavior by police officers is the lack of accountability. In this instance, a police officer made an unlawful arrest, he was sued for his actions, and the state is left paying for this indiscretion.

Amount of Money City Taxpayers Have Paid for Police Misconduct:

• -Minneapolis: $9.3 million between 2011-2014
• -New York City: $348 million between 2006-2011
• -Oakland: $74 million between 1990- 2014
• -Philadelphia: $40 million between 2009-2014
• -Los Angeles: $101 million between 2002-2011

New York city police may only legally arrest citizens if the police have an arrest warrant, they have probable cause you committed a crime, you are interfering with a police investigation or arrest, or if police have reason to believe you are fleeing a crime scene. The number of innocent people behind bars is the highest number it has ever been historically, with 168 innocent people exonerated in 2016, so it is only natural to question the source- the police. The issue gets stickier when videos of police officers using excessive force and even killing citizens when they appeared to pose no threat- are there consequences for that? Rarely. Why has it become okay to so quickly convict people and rarely face punishment as a police officer for wrongfully arresting someone?

Police officers are designed to keep our communities safe. While most cops are hero’s and upstanding citizens who work hard to protect our safety, those who entered the police force to unlawfully assert power over others and take advantage of their badge are getting more press in recent news. Although it’s an unfortunate circumstance, it is important to stay educated on what is happening in society to better educate yourself and to hopefully make a positive change.