Love in Action : Jacob Blake and Excessive Force

Love in Action : Week 7

Love in Action : Wednesday 12-1pm mst

Please join Lead with Love for zoom work session each week that highlights current issues related to justice, freedom and climate change that need of our help. We will provide tangible actions and perform these efforts within the 1 hour meeting.

This week our efforts will focus on Jacob Blake and excessive force.

We believe it is not only important to acknowledge systemic racism in our country but also critical to take actions in support of equal rights and justice for everyone. Our country’s foundation in slavery has developed into a system that still affords more rights, protections and opportunities to white people than black, indigenous and people of color. We see our system of policing and justice as an area where black rights and safety are particularly at risk.

If you haven’t yet registered for Love in Action, please do so by clicking the button below.

What You’ll Need

Pen/Pencil
Paper/Journal
Computer with Email/Wifi
Phone

The Shooting of Jacob Blake

8/23/20 5:11pm, officers were called by a woman who said Jacob Blake was violating a restraining order that was filed against him for a complaint including sexual assault and domestic violence. As a result of this complaint, Jacobs had an open warrant out for his arrest. The officers were made aware of this information before arriving on the scene.

Blake resisted both arrest and restraint which resulted in the encounter escalating into a scuffle. The officers attempted, but failed, to tase him.

After the scuffle, Blake walked around his vehicle and two of the officers followed him with their fire arms drawn. After Blake opened his car door and leaned into the vehicle, the officer, Rusten Sheskey, grabbed him by his shirt and shot him 7 times at close range. Blake’s three young children were inside of the vehicle.

This entire event, from the officers arriving on the scene to the 7 shots fired directly into Jacob Blake occurred in under 3 minutes.

An investigation is underway by the Wisconsin Department of Criminal Investigation assisted by the FBI, state patrol and with cooperation from the Kenosha Police Department.

The injuries caused by the shooting currently result in Blake being paralyzed from the waist down. He also suffered a gunshot wound to one arm and damage to his stomach, kidney, and liver; he had to have most of his small intestines and colon removed. Blake was initially handcuffed to his hospital bed but he was released from restraints upon posting bond..

Police Policy

Kenosha Police Department Policy

It is the policy of the Kenosha Police Department that sworn personnel use only the amount of physical force reasonable and necessary to arrest, apprehend, or restrain a person. Force may also be used in defense of self or others.

The level and amount of force which an officer uses must be reasonably necessary to accomplish the law enforcement objective. The U. S. Supreme Court, in the case of Graham v. Connor, said that use of force must be " objectively reasonable" in the given situation. The factors which, in general, enter into a determination as to whether force was “objectively reasonable" include:

the severity of the alleged crime at issue;
whether the suspect poses an imminent threat to the safety of officers and/or others; and
whether the suspect is actively resisting or attempting to evade arrest by flight.

In making a determination as to the reasonableness of force, courts recognize that law enforcement officers have to make split-second decisions and reactions. That necessity is taken into consideration. Recognizing our legal and moral obligations to use force wisely and judiciously, it is the policy of the Kenosha Police Department that deadly force shall not be resorted to until other reasonable means of apprehension or defense has been evaluated.

Definitions

Excessive Force: The use of more force than is reasonable and necessary to arrest, apprehend, or restrain a person. The use of excessive force will not affect the validity of the arrest. It will expose the officer to civil suit, discipline or both and, in aggravated circumstances, possible criminal liability.

Deadly Force: In Wisconsin, the definition of deadly force applied by the police is the use of any means or instrumentality intended to or likely to cause death. An officer may use deadly force when he/ she believes it is necessary to prevent death or great bodily harm to themselves or to others. Therefore, the justification for deadly force is the immediate threat of death or great bodily harm, but the application of deadly force is that action which is likely to cause death.

Non-Deadly Force: Any use of force other than that which is considered deadly force.

USE OF NON- DEADLY FORCE

Officers may use only the amount of physical force necessary to consummate an arrest based on probable cause for a violation of state law, municipal ordinances, or federal law. Necessary force may also be used in the apprehension of a violent emotionally or mentally disturbed person, or in the subduing and restraining of an unruly, combative or abusive person.

While the use of reasonable physical force may be necessary in situations which cannot be otherwise controlled, force may not be resorted to unless other reasonable alternatives have been exhausted or would clearly be ineffective under the particular circumstances. Officers are permitted to use whatever force is reasonable and necessary to protect themselves or others from bodily harm. The use of excessive force 2 will not be tolerated under any circumstances and subject the officer to disciplinary action, criminal and civil liability. The failure of an officer to prevent the use of excessive force by another officer or failure to report the use of excessive force by another officer may subject the officer to disciplinary action, criminal and civil liability.

The purpose for use of force is to gain control in pursuit of a legitimate law enforcement objective. If verbalization is effective in gaining compliance, it is always preferable to physical force.

An officer should consider his/ her reasons for interacting with the subject, i. e., do they have reasonable suspicion, probable cause, or other legal justification for the interaction.
An officer should observe the subject's actions/ behavior upon their initial involvement or approach.
Address the subject in a courteous professional manner. Present questions calmly and directly.
If an officer intends on arresting the subject, they should advise him/her of their intent to arrest and direct the subject to follow their instructions.
If the level of force an officer is using is not effective in gaining compliance, the officer may disengage and/ or escalate to a higher level of force.
An officer need not escalate step- by-step through the Intervention Options. As the situation dictates, the officer may move from any level to another if he/ she reasonably believes that a lower level of force would be ineffective.
Once an officer has gained control of a subject, he/ she must reduce the level of force to that level which is needed to maintain control.

USE OF DEADLY FORCE

Deadly force is force that is intended to or likely to cause death. Whenever safety permits, police officers should identify themselves and state their intent to shoot prior to using a firearm. Officers are to discharge their weapons to stop an assailant from completing a potentially deadly act as described. Officers should shoot to stop the threat and to minimize danger to innocent bystanders.

An officer may use deadly force:

As a last resort in the defense of oneself, when there is reasonable cause to believe that the officer is in imminent danger of death or great bodily harm.
As a last resort in the defense of another person, whom the officer has reasonable cause to believe is being unlawfully attacked and is in imminent danger of death or great bodily harm.
As a last resort to prevent escape of a suspect, where the officer has probable cause to believe that the person to be arrested has used deadly force in the commission of a felony, and the officer reasonably believes there is no other way to make the arrest or retain custody of the person once arrested, or the person to be arrested can reasonably be thought to be intent on endangering human life or upon inflicting serious bodily harm. In any event, the officer should not use deadly force unless he/ she believes it is necessary and then only as a last resort.

Graham vs Connor

[from: Wisconsin Electronic Control Device training and Amnesty International recommendations]

Wisconsin trains officers to the standard set by Graham v Connor—that all force used must be “objectively reasonable.” Neither Wisconsin nor the U.S. Supreme Court require that officers use the “minimum” force necessary. Wisconsin’s standard is designed to achieve a proportional relationship between threat level and amount of force used, thereby minimizing inappropriate damage or injury.

[from: wikipedia]

Graham v. Connor, 490 U.S. 386 (1989), was a United States Supreme Court case where the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his person.

At the time most courts decided on similar cases based on the Fourteenth Amendment standard of malicious intent, or more rarely the Eighth Amendment clause protecting against "cruel and unusual punishment". Both of these laws required the plaintiff to prove that the law enforcement officer acted maliciously, which was difficult in practice. By using the Fourth Amendment protection against "unreasonable searches and seizures", Graham's team intended to lower the bar: no longer would it be necessary to prove that the officer acted maliciously, only that he or she acted unreasonably. The definition of "reasonable" behavior would need to conform to the legal concept of a reasonable person.[1]

National Statistics on Police Violence

3-4 people are killed by police every day in america

>1000 people are killed by police every year in america

  Nearly 60% of victims did not have a gun or were involved in activities that should not require police intervention such as harmless "quality of life" behaviors or mental health crises.

Police Killings by Country

Source: FBI/CNN/The Economist/Insight Crime

  Black people are 3x more likely than white people to be killed by a police officer

In his 2017 book “When Police Kill,” criminologist Franklin Zimring points out that blacks account for 26.1 percent of police killings, while accounting for only 12.2 percent of the US population. 

Key figures

ott_now_mcclain_fami_200629_1920x1080.focal-760x428.jpg — Jacob
Blake

Issues Arising from this Case

Use of Force
Policing Policy
Systemic Racism
Protests

Policy Reform and Justice for Jacob

policy change

State Rep. Christine Sinicki, D-Milwaukee and Gov. Tony Evers, a fellow Democrat, called lawmakers into special session to consider a legislative package that, among other things, would mandate annual training on use-of-force and de-escalation techniques. Republicans no-showed for this debate and vote.
Under state Sen. Wanggaard R-Racine, the GOP is also promoting the Public Safety PACT. This bill has been in the works since 2017 and includes proposals such as a modified ban on choke-holds, whistleblower protection, and the establishment of an “Independent Use of Force Review Advisory Board” that would “investigate and learn from certain police use of force incidents.”
There is also legislation in this package to increase funding to police departments.
Wangaard does not support the following from Evers bill:
- a ban on no-knock warrants,
- increase in de-esclation training,
- fines for ‘false police calls’ (stemming incidents where 911 calls have been made against POC but when they have done nothing wrong.)
At a national level, the house has passed the George Floyd Justice in Policing Act which strives combat police misconduct, excessive force and racial bias in policing. It has not yet been brought up for vote in the Senate.

Charging Officers

Many people and organizations are calling for the dismissal and/or arrest of the involved officer, Rusten Sheskey.

Investigations

Thanks to a 2014 law that citizen and father of son who was shote by a police officer, Michael Bell, helped champion, Wisconsin became the first state in the country to require an independent investigation any time a police officer kills someone in the line of duty. Notably, the law only requires outside parties for the investigation but not the prosecution. The findings will still be turned over to the District Attorney.

Currently an investigation remains ongoing from the Department of Justice Division of Criminal Investigation. The department aims to provide a report within 30 days.

Action List

Call / Email:

Keep calling, emailing, and writing to Kenosha and WI officials to demand that police reform is at the TOP of their agendas and that we work effectively to address systemic racism in our public systems and police departments.
If you are in state, include your zip code.
If you email, use a discreet , creative or somewhat unrelated subject line to bypass junk filters.

Wisconsin Law Enforcement Standards Board : wilenet@doj.state.wi.us : dojcommunications@doj.state.wi.us
- My name is ******. I am calling from *******. I’m writing with concern over the racially centric police violence that has gained national attention. As your state is now in crisis after the shooting of Jacob Blake and the tragedies since, it is a poignant moment to make change within your law enforcement policy to uphold the police department’s commitments to protection and service. Please consider working with the governor and state lawmakers to establish improved training on de-escalation and anti-racism for your law enforcement officials and to create policy that shifts use-of-force training away from standards set by Graham vs Connor and instead to ‘strictly necessary’ with preservation and protection of life as a top priority.
  Please use your position of power to help your state heal, regain trust in the system, and offer some justice for victims of police involved shootings and killings. The country is watching Wisconsin.
Police & Fire Commission : Samantha Schurmann : kpfcommission@kenosha.org
Solely responsible for appointment of the Police Chief and Fire Chief. Also approves appointment of new police officers a well as promotions in both departments. Has the ability to set the qualifications for police officers and firefighters and to see the passing score for the written test for new officers/firefighters. Responsible for convening disciplinary hearings if charges are filed by the Police Chief, Fire Chief or any citizen against a police officer or firefighter. Candidate must be a City of Kenosha resident.
- My name is ******. I am calling from *******. I’m writing with concern over the racially centric police brutality that has been coming into national attention. As your state is now in crisis after the shooting of Jacob Blake and the tragedies since, it is a poignant moment to make change within your law enforcement policy to uphold the departmen't’s commitments to protection and service. Please consider working with the governor and state lawmakers to establish improved training on de-escalation and anti-racism for your law enforcement officials and to create policy that shifts use-of-force training away from standards set by Graham vs Connor and instead to ‘strictly necessary’ with preservation and protection of life as a top priority.
  Please use your position of power to help your state heal, regain trust in the system, and offer some justice for victims of police involved shootings and killings. The country is watching Wisconsin.
Robert W. Wirch : 608-267-8979 : Sen.Wirch@legis.wisconsin.gov
Press release regarding police reform on the heels of Jacob Blake’s shooting
- My name is ******. I am calling from ******* with concern over the racially centric police violence that has gained national attention. Your state is now in crisis after the shooting of Jacob Blake and the tragedies since, so NOW is a poignant moment to make change within your law enforcement policy to uphold the police department’s commitments to protection and service.
  Thank you for joining us and the millions of people around the country on police reform efforts that reduce instances of excessive force. I appreciate your attempts in the state legislature to move quickly on policy change. Please do your part to convince your Republican counterparts to move quickly on laws that have more productive impact than the current Public Safety PACT proposal and that shift use-of-force training away from standards set by Graham vs Connor and instead to ‘strictly necessary’ with preservation and protection of life as a top priority.
  Please continue to use your position of power to help your state heal, regain trust in the system, and seek justice for victims of systemic racism and police violence. The country is watching Wisconsin.
Tod Ohnstad : 608-266-0455 : Rep.Ohnstad@legis.wisconsin.gov
- My name is ******. I am calling from ******* with concern over the racially centric police violence that has gained national attention. Your state is now in crisis after the shooting of Jacob Blake and the tragedies since, so NOW is a poignant moment to make change within your law enforcement policy to uphold the police department’s commitments to protection and service.
  Thank you for joining us and the millions of people around the country on police reform efforts that reduce instances of excessive force. I appreciate your attempts in the state legislature to move quickly on policy change. Please do your part to convince your Republican counterparts to move quickly on laws that have more productive impact than the current Public Safety PACT proposal and that shift use-of-force training away from standards set by Graham vs Connor and instead to ‘strictly necessary’ with preservation and protection of life as a top priority.
  Please continue to use your position of power to help your state heal, regain trust in the system, and seek justice for victims of systemic racism and police violence. The country is watching Wisconsin.
Governor Tony Evers : 608-266-1212
- My name is ******. I am calling from ******* with concern over the racially centric police violence that has gained national attention. Your state is now in crisis after the shooting of Jacob Blake and the tragedies since, so NOW is a poignant moment to make change within your law enforcement policy to uphold the police department’s commitments to protection and service.
  Thank you for joining us and the millions of people around the country on police reform efforts that reduce instances of excessive force. I appreciate your attempts to work with the state legislature to move quickly on policy change. Please do your part to convince your Republican colleagues to move quickly on laws that have more productive impact than the current Public Safety PACT proposal and that shift use-of-force training away from standards set by Graham vs Connor and instead to ‘strictly necessary’ with preservation and protection of life as a top priority.
  Please continue to use your position of power to help your state heal, regain trust in the system, and seek justice for victims of systemic racism and police violence. The country is watching Wisconsin.