I spend a fair amount of time reviewing opinions of the Circuit Courts of Appeal - hopefully someday, I'll get back to writing about them (and SCOTUS) regularly, but I at least try to keep my eye out for things of interest. So it was last night that I was introduced to a nine year old case that had a stunning resonance with the curent moment. If you are unfamiliar with the case of Kenneth Chamberlain, Sr., he was a 68-year-old retired Marine and a longtime employee of the Westchester County Department of Corrections who lived alone and who had a chronic heart problem, along with some recognized emotional concerns. He also happened to be black.
His story does not end well, but I will not retell it here other than to say he was killed in his home after his Life Alert badge was inadvertently triggered, leading to a home visit from police officers dispatched to hopefully save his life. In the end, they would end up doing the opposite. As always there are multiple sides to every story, and the officers involved were not charged with any crime.
Now, 9 years later, the Second Circuit Court of Appeals (Roughly 2 years and 2 months after hearing oral arguments on March 22, 2018) have allowed the case to go forward, vacating several summary judgment orders issued in a civil suit against a number of the officers involved. If you want the details of the case, the factual recitation in the Second Circuit decision (located here) is a pretty good place to get it. Be forewarned, it is disturbing.
I am not one who has antipathy towards police. I have an excellent officer in my family of whom I am justly proud. I have worked with many more. But two things can be true at the same time (to take a line from Ben Shapiro, of all people). And while I value and respect the work done by so many officers in a job becoming ever more dangerous and thankless, stories like that of Kenneth Chamberlain's are reminders that there are severe systemic problems that go far beyond just cases like the George Floyd case. I am not an expert in policing. I don't have a magical solution. But it certainly seems like training and engagement protocols need to be significantly upgraded. I'm quite aware I'm not saying anything new or original here, but it feels inadequate to say nothing at all. And today if you're remembering George Floyd, also take some time to think about Kenneth Chamberlain, and others like him who may suffer from some emotional or mental conditions that increase the danger of their interactions with public authorities.
His story does not end well, but I will not retell it here other than to say he was killed in his home after his Life Alert badge was inadvertently triggered, leading to a home visit from police officers dispatched to hopefully save his life. In the end, they would end up doing the opposite. As always there are multiple sides to every story, and the officers involved were not charged with any crime.
Now, 9 years later, the Second Circuit Court of Appeals (Roughly 2 years and 2 months after hearing oral arguments on March 22, 2018) have allowed the case to go forward, vacating several summary judgment orders issued in a civil suit against a number of the officers involved. If you want the details of the case, the factual recitation in the Second Circuit decision (located here) is a pretty good place to get it. Be forewarned, it is disturbing.
I am not one who has antipathy towards police. I have an excellent officer in my family of whom I am justly proud. I have worked with many more. But two things can be true at the same time (to take a line from Ben Shapiro, of all people). And while I value and respect the work done by so many officers in a job becoming ever more dangerous and thankless, stories like that of Kenneth Chamberlain's are reminders that there are severe systemic problems that go far beyond just cases like the George Floyd case. I am not an expert in policing. I don't have a magical solution. But it certainly seems like training and engagement protocols need to be significantly upgraded. I'm quite aware I'm not saying anything new or original here, but it feels inadequate to say nothing at all. And today if you're remembering George Floyd, also take some time to think about Kenneth Chamberlain, and others like him who may suffer from some emotional or mental conditions that increase the danger of their interactions with public authorities.
