#unnecessary force

[dailybehbeh]

Behbeh

[if-you-fan-a-fire]

"OUSTED FROM HOTEL IS AWARDED $500," Toronto Star. October 2, 1942. Page 17. ---- Jury Finds Too Much Force Used in Ejection ---- Thrown out of the Duke of Connaught hotel last Feb. 21, Jolin Connelly sued Mike Dyba, proprietor, for $1,500 for injuries received. He was awarded $500 and costs by a jury before Judge Otto Klein in county court today. Connelly's wife, Margaret, sued for $500, but her case was dismissed. Action against co-defendant, Steve Anco, a waiter. was dismissed. Connelly said he and his wife were in the beverage room when a fight started in which they had no part. Ejection followed. Dyba claimed Connelly was intoxicated and causing trouble. He claimed the couple were trespassers, not invitees, as they stated. The jury found that more force than was necessary had been used and that Dyba, as proprietor, was responsible for what Anco had done.

[qupritsuvwix]

Oversight Panel Launches Full-Scale Investigation into Deputy Gangs

Oversight Panel Launches Full-Scale Investigation into Deputy Gangs

[inbonobo]

so in arresting the misbehaving #police officer, did #Durham police officers misbehave themselves?!? #policebrutality

Const. Matthew Brewer, who a judge recently criticized for using excessive force, has previously been disciplined for drinking on duty and is currently facing one count of discreditable conduct before the police disciplinary tribunal in connection to a conviction on gun charges in an off-duty incident.

For 12 minutes in the back of a police car, Tyrone Hines cries out in pain, pleads for help, says he can’t breathe and asks if he’s going to die. “Please, please, I’m begging you guys,” Hines can be heard saying in an in-car camera video, moments after he was pepper-sprayed while handcuffed. “This hurts, this hurts, this hurts really bad.”

The 15-minute video, called “disturbing” by Ontario Court judge Richard Blouin and obtained by the Star this week, was the basis for Blouin’s conclusion that Toronto police Const. Matthew Brewer used “excessive” force against Hines when he pepper-sprayed the man already apprehended and in a cruiser. It was a case of “obvious police brutality,” Blouin said.

In a sternly worded decision last week, the judge opted to drop four charges, including drug and weapon possession, against Hines to condemn Brewer’s behaviour, which came in the wake of a late-night fight between Hines and another man inside a Yonge St. Popeyes restaurant in September 2016. Blouin nonetheless found Hines guilty of assault with a weapon for punching another man while holding a knife between his fingers.

Toronto police internal investigators are now reviewing the decision blasting Brewer — a move that could land him back before a police disciplinary tribunal.

In the video, Hines can be seen being placed in the back of a police car as Brewer swears while he instructs him to get in the car and warns Hines there is a camera recording “what you do and say.” Hines gets in the back, the police car begins rolling, then suddenly stops.

Brewer opens the door, and tells Hines to stop “kicking the f------ door.”

“I was not kicking no door, sir,” Hines says.

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Brewer tells Hines to “get his f------ feet” in the car, as Hines says: “You’re trying to kill me.” Brewer later says “get your pepper-spray, guys,” and then sprays Hines, who cries out in pain.

Hines then yells and complains about the burning pain in his eyes until the car arrives at the police station. Throughout, a female officer attempts to reassure Hines, telling him to breathe deeply and assuring him he will be treated as soon as possible.

“Ma’am, please, I’m begging you,” he says, asking to be let out or to have the window rolled down. “It burns. It burns!”

Brewer has previously been disciplined for drinking while on duty and is currently facing one count of discreditable conduct before the Toronto police disciplinary tribunal in connection to a December 2016 off-duty incident at the officer’s home in Durham region.

According to Blouin’s ruling, Brewer brought a handgun into the bedroom where his spouse was sleeping, followed her through the home holding the gun, then went outside and fired the gun eight times into the air.

Durham police were called to investigate an “alleged domestic incident” and received calls from neighbours reporting the sound of gunshots, according to a Toronto police tribunal document outlining the allegations against Brewer.

“Durham Regional Police officers found you in front of your home in possession of a loaded handgun,” according to the tribunal document.

Blouin’s decision states that Brewer said he was suffering from depression, alcoholism and post-traumatic stress disorder at the time of the December 2016 incident. His charge before the tribunal has not been proven.

Brewer was given a suspended sentence and two years probation after pleading guilty to unauthorized possession of a firearm and common nuisance. Initially after his arrest, Brewer faced potential jail time stemming from eight charges, including possession of a weapon for dangerous purpose and possession of a prohibited or restricted firearm with ammunition.

However, according to a police source with knowledge of the case who was not authorized to speak on the record, the bulk of the charges against Brewer were dropped after it was discovered that Durham police investigators mishandled the probe. According to the police source, Durham failed to properly document the scene, and laid a number of charges without sufficient evidence.

Durham police did not respond by press time when asked about the allegations, including whether any officers faced misconduct charges under the Police Act in connection to the investigation.

David Butt, Brewer’s lawyer, said he could not provide a comment about Blouin’s decision while it was being reviewed by the Toronto police professional standards unit.

(via ‘Please, I’m begging you guys’: Toronto police video shows arrested man pleading for help | Toronto Star)

[biomancer]

TFW you realize the officer your filming arrest two black people for defending themselves is walking towards you now.

[inbonobo]

2 on #PoliceBrutality: A #student group at #York University is "outraged" after it says after an interaction with a loss prevention #officer employed by the #Shoppers Drug Mart store on #campus sent a student to hospital on Friday with his leg badly twisted.

Video of the incident, posted to the York University Black Students' Alliance Facebook page Saturday, begins with a man lying on the ground outside the store's entrance, screaming in pain, surrounding by a group of onlookers with multiple security guards nearby.

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"Help me!" the man yells repeatedly, his leg appearing limp and resting at an awkward angle.

"Yes, an ambulance is on the way," someone can be heard saying in the just over two-minute-long video.

"I saw him being tackled," a person can be heard saying off camera.

In a statement accompanying the video, the Black Students' Alliance says the incident took place Friday morning around 9 a.m., and involved an "altercation" between a plainclothes officer working for the company. The officer, it alleges, tackled the student, leaving his leg twisted "at a 90 degree angle."

Investigation into 'troubling' incident underway

York University says it became aware of the "troubling incident" at York Lanes, the university's on-campus shopping mall on Friday, and has launched an internal investigation with its tenant, Shoppers Drug Mart.

"We understand that many members of our community have questions, including the University," it said in a written statement. "We are awaiting further details and will not presume the outcome of any investigation."

It's unknown what led to the altercation, but loss prevention officers are generally employed to prevent theft.

Toronto police confirm they were called to the scene Friday morning, where a man was being held.

A 25-year-old man was arrested and faces four charges including: theft under $5000, possession of property obtained by crime, assault with intent to resist and assault. The man was taken to hospital with a twisted ankle injury that occurred during the altercation, Const. Caroline De Kloet said.

As for whether the loss-prevention officer faces any charges, Const. David Hopkinson said, "It is always a possibility for anyone, police or loss prevention if someone is treated unfairly," but couldn't say if that was case in this incident, saying it is still under investigation.

'Acts of violent are not tolerated. We will review policies...'- York University statement

No one from the on-campus Shoppers Drug Mart location would respond to CBC Toronto's requests to discuss the incident on Saturday. Staff Saturday evening said the manager felt it was too soon to comment on what happened.

In a statement, the company's vice-president of external communication Tammy Smitham said Shoppers Drug Mart stores often employ third-party loss-prevention officers to help deter and identify theft.

"We never encourage physical interaction between loss prevention representatives and individuals in our stores," Smitham said, adding the company will conduct a "thorough investigation" of the incident.

'Their own brand of justice'

The alliance meanwhile, alleges that procedures to ensure student and staff safety were not followed Friday.

"The LPO (loss-prevention officer) executed their own brand of justice where they had no jurisdiction to do so," it says on Facebook. "They are not paid to place their hands on folks who come in and out of the stores they are hired by."

The statement goes on to say that university security arrived at the scene but could do little to assist, due to a policy between York University Development Corporation and private companies that operate on campus that gives York security no jurisdiction on retail properties.

Shoppers Drug Mart never encourages physical interaction between loss-prevention officers and individuals in stores, the company says, adding it will conduct a 'thorough' investigation.

That policy, says the alliance, is "extremely concerning." "This could've happened to any other student in any other facility within York Lanes," it says.

The university says will share more information as it becomes available, but that student and community safety are its first concern.

"Acts of violent are not tolerated. We will review policies related to private security employed by University tenants," it said in its statement.

In the meantime, the student alliance is calling for a boycott of Shoppers Drug Mart in light of the incident. No one from the Black Students Alliance responded to CBC Toronto's request for an interview.

(via cbc)

TORONTO -- Two separate cases of police misconduct arising out of the turbulent Toronto G20 summit almost seven years ago lurch toward finality this week and next as the various parties involved battle another round.

This time, the Ontario Civilian Police Commission will be reviewing the disciplinary convictions and penalties handed down to a senior officer, who ordered mass arrests, and a constable who beat a protester with his baton.

The first hearing -- slated for Wednesday -- relates to Const. Babak Andalib-Goortani, who was docked five days pay in November 2015 for using excessive force. His victim, Adam Nobody, argues the sentence handed down by a police tribunal was too lenient and that Andalib-Goortani should be fired or at least face another sentencing hearing.

"The police are a paramilitary institution with a monopoly on the use of force against civilians," Nobody's factum states. "This appeal is about whether police officers are accountable to the civilians who employ them for misconduct in the course of their duties."

Andalib-Goortani was the only officer criminally convicted for police actions at the G20. Based partly on videotape evidence, he was found to have hit Nobody several times even though the protester was already on the ground and surrounded by other arresting officers.

The judge in his case, who sentenced him to 45 days in jail, found he had shown no remorse and had deliberately ensured his name tag and badge weren't visible. On appeal, however, the officer was given a suspended sentence.

The conviction prompted Andalib-Goortani to plead guilty to misconduct before a disciplinary tribunal at which retired judge Lee Ferrier said the constable had "already paid too large a price for his misdeed" and docked him the five days pay.

Nobody argues that Ferrier made numerous mistakes, including being dismissive of the court's finding that the officer had not been truthful and had shown no remorse, and in concluding the assault was relatively minor.

Both Andalib-Goortani and the Toronto police service argue the penalty was reasonable and appropriate.

The officer, his factum states, pleaded guilty before Ferrier to one count of discreditable conduct for having a criminal conviction for what the defence termed a "minor application of force with the end of the baton" that did not leave a mark on the victim.

Firing the "excellent young officer" would be unwarranted and unjust and without precedent, the factum states.

In the second case -- expected to be heard April 4 -- Supt. Mark Fenton argues that retired justice John Hamilton wrongly convicted him of misconduct done "at the direction of, or with the full acquiescence of, senior police officers whom the officer reported to."

Fenton, a 28-year officer, was sentenced to a formal reprimand and loss of 30 paid days for exceeding his authority and discreditable conduct for ordering the indiscriminate arrests and hours-long detention of hundreds of people -- many simply passersby -- in a torrential downpour.

Those detained or arrested said at the tribunal that he had shown no remorse and called for his firing. The prosecution wanted a year-long demotion.

In arguing now for an acquittal, another hearing, or a reprimand, Fenton maintains he was the victim of an "institutional failure" that resulted in the "complete breakdown of the police response to the initial violence and mayhem" that left him with little choice other than to order the mass arrests.

While the police service maintains that Fenton was appropriately convicted and punished, the complainants still want him fired.

"The actions of Supt. Fenton's superiors have no bearing on whether he is guilty of misconduct for the unlawful arrests that he ordered," they argue. "He violated his oath of office, and brought international disgrace upon the Toronto Police Service and the city it is supposed to serve.

During the G20 summit on a weekend in June 2010, a few dozen vandals rampaged through the downtown, prompting police to make the unprecedented mass arrests and detentions that drew widespread condemnation for the violation of civil rights.

(via ctv)

[inbonobo]

#montreal #policebrutality #racism #blind According to Veckqueth Stevenson, he was simply listening to music in a Montreal park with friends when police approached him. “I heard a voice saying to me, ‘Turn down the music,’ and I turned down the music,” Stevenson told CTV Montreal. When Stevenson -- who says he is legally blind -- heard an argument between a police officer and another man, he stood up to find his stereo and leave Nelson Mandela Park.

“Somebody said, ‘Where's your ID?’ and I said, ‘I don't have any ID with me,’” Stevenson said.

According to Stevenson, a police officer then pushed him to the ground, bruising his head, spraining his fingers and cutting his lip. Stevenson was subsequently arrested and brought to a police station where he was fined $149 for playing music in a park and charged with assaulting a police officer.

The Montreal police tell a different story from that night last May, saying that Stevenson was unco-operative and head-butted an officer -- claims that Stevenson denies.

“I decided to come forward with my story because the way I was treated,” Stevenson said. “It wasn’t right.”

Fo Niemi, executive director of the Centre for Research Action on Race Relations, says there should be an independent inquiry into the incident.

“There's no more symbolic place than Nelson Mandela Park,” Niemi told CTV Montreal.

“A black man in his 50s who is visually blind is treated like this with excessive force to that extent I think it raises a lot of issues.”

(via Blind man claims brutal treatment at hands of Montreal police | CTV News)

[yourfavoriteraftguide]

Unnecessary force

Interesting how skeptical people can be until they have an encounter with the police and them using unnecessary force on you. Let me put this in perspective: I am the daughter of a well respect Department of Natural Resources Officer's daughter. Today I received a parking ticket--rightfully so, I was parked an area I shouldn't have been. I ran up to my car and the officer asking for him to give me some slack, I work and live in the area plus I'm a student. (I work in a tourist town) He started off rude as hell, he obviously wasn't giving me any slack. I was like "dang yall don't budge" or something like that. I ran back to get my sunglasses out of the road that had fallen out when I was running up to my car, then come back. I receive the ticket and am pretty aggravated. I work pretty hard, I've got 3 jobs plus school, so it sucks I have to pay for this stupid shit. But whatever. My friend walks by on the sidewalk and sees what's going on, He says "what's up?" I say "just getting a fuckin ticket is all" The cop gets PISSED and looks at me and says "use that language again and I'll arrest you." I knew he had no grounds on so I dropped another F bomb, but while talking to my friend, not to him. Keep in mind we are the only 3 people within earshot. So, then... Out of the fuckin blue, I'm getting handcuffs slapped on me. He jerks me around and calls it "resisting arrest", when, I had n o w h e r e to run because I was facing my car, unlocking it. I am /completely/ dumbfounded, because I had no idea this was actually going to happen. I say "this hurts! This hurts! You're hurting me! I'm serious!" He says "stop pulling away!" (Still, not pulling away. He is JERKING ME AROUND. I am a bigger girl, like, it takes force) He put the cuffs on tight and treats me like I'm a dog, throws me in the back of the cop car. Reads no rights and didn't let me know he was arresting me. I have a shoulder issue so the cuffs were hurting me with my arms in that position as well and the cuffs were pinching the skin between my watch and the cuffs. They were so tight that they left obvious marks and some bruising. I pleaded with him to take the cuffs off as he took his sweet ass time fucking around. I was in tears, sobbing, and he still treated me like a fuckin rapist. Thank god I had a witness. Another cop comes and he LIES to him about what happened. He treats me like garbage the rest of the time. No fucking mercy. Like I said, my father is an officer, so I generally understand when force IS necessary. Like in abuse situations and if someone's life is in danger or the officers life is in danger. But, I literally was speaking to my friend and he acted like I just punched his kid in the face. I know my situation isn't as bad as others but holy shit, what the fuck is going on in today's world. Where was he when I was being harassed while walking to my car at my job? Where was he when people were destroying the place I work at? Where was he when a lady was passed out in the ditch close to where I work? Is he going to be there when I call for protection when drunk ass fuckers make me feel threatened and he sees its me: The cursing villain? Fuck this shit. Oh! Also, looked it up!!!!! Georgia Code--Crimes and Offenses-Title 16, section 16-11-39 (A) a person commits the offense of disorderly conduct when such person commits any of the following: (4) without provocation, uses obscene and vulgar or profane language in the presence of or by telephone a person under the age of 14 years which threatens an immediate breach of the peace. So yeah, FUCK THAT SHIT MAN