Police Brutality Roundup: "False Reporting" Law Overturned, Taser Policy Changes

[annm4peace]

http://twincities.indymedia.org/2010/oct/police-brutality-roundup-false-reporting-law-overturned-taser-policy-changes

from Communities United Against Police Brutality--We are ecstatic to report that the so-called False Reporting law passed by the Minnesota Legislature four years ago has been overturned by the state appeals court. You'll recall that CUAPB took the state of Minnesota to federal court to overturn this awful law, which criminalizes reporting of police brutality if the person can't prove it happened (and sometimes even if they can). We lost at the very conservative 8th circuit federal court and have been in the process of mounting an appeal when this ruling came down from the state appeals court in another lawsuit. See the decision (PDF) here. The decision incorporates many of the First Amendment arguments we advanced, so we are quite happy to see the law go down for those reasons. All-in-all, a wonderful decision for the community.

In a nutshell, the decision says "Minn. Stat. § 609.505, subd. 2 (2006), which criminalizes knowingly making false statements that allege police misconduct, but not knowingly making false statements to absolve police, violates the First Amendment's prohibition against viewpoint discrimination."

Below: MPD Taser Policy Changes, Fong Lee Rally, Upcoming Events Previous Coverage at TCIMC: July 2009: False Reporting Law Entraps Woman, Rapist Officers Go Free | September 2010: Mentally Ill Man Tasered to Death by MPD (David Smith--Photo) | Tasers in Minneapolis

One excerpt we particularly enjoy: "Our guide in this undertaking is the majority opinion of Justice Antonin Scalia in R.A.V., a landmark case declaring a St. Paul ordinance banning certain cross burnings to be unconstitutional. . . . 'St. Paul has no . . . authority to license one side of a debate to fight freestyle, while requiring the other to follow Marquis de Queensberry rules.' . . . 'he government may proscribe libel; but it may not make the further content discrimination of proscribing only libel critical of the government.'"

MPD TASER POLICY CHANGES

With little fanfare, the Minneapolis Police Department updated a number of policies, including its use of force policy and Taser policy, as of October 1. The changes are reflected in online Policy and Procedure Manual. You can see the new policies at:http://www.ci.minneapolis.mn.us/mpdpolicy/5-300/5-300.asp

Under these new policies, Tasers are now considered "less lethal" rather than nonlethal. Impact weapons get similar treatment. Recall that in 2006, the city council required the MPD to adopt a fairly stringent Taser policy in order to purchase more Tasers but barely 18 months later, the MPD secretly gutted the policy. Their actions can be directly attributed to the deaths of Quincy Smith and David Cornelius Smith. The new policy makes it clear that Tasers neither can be used on passive resistors or simply noncompliant suspects. Given the large number of complaints we get of people being Tased while handcuffed simply for speaking, if the policy is actually followed this could bring the community some relief.

To quote Dave Bicking, who first broke this story, "It appears that Quincy Smith and David Cornelius Smith have succeeded where the CRA failed. It's sick that it takes that kind of price to be paid."

RALLY HELD FOR FONG LEE

The family of Fong Lee, the young man who was murdered by disgraced Minneapolis police officer Jason Andersen, held a rally and press conference on Saturday October 2. The event took place at the site of Fong Lee's killing, the Cityview Performing Arts School at 34th Avenue and 4th Street in North Minneapolis. You'll recall that Fong Lee, 19, was shot eight times as he ran away from Andersen after Anderson knocked him off his bicycle.

Fong Lee was unarmed but a weapon that had been in MPD custody right up to the time of the incident magically appeared on the scene and was used to justify the shooting. So far, the family has been denied justice by the courts but during the rally they will announce that they have hired a new attorney and are pursuing next steps, including appealing the case to the Supreme Court. It is vital that we support this family in their efforts to hold police accountable for killing their son.

UPCOMING EVENTS

Panel Discussion on the Role of Police in Society
Thursday, October 14 at 6:30 p.m.
Walker Church
3104 16th Ave S, Minneapolis
In light of the Metro Gang Task Force debacle, the recent death after tasing of David Smith, several high profile incidents and lawsuits, and the second firing of MPD cop Jason Andersen, CUAPB will hold a panel discussion that takes us back to the root question: what role, if any, does policing have in our society. In the lead up to October 22 National Day of Protest Against Police Brutality, panelists representing a wide range of political views will present on this highly relevant topic. There will be plenty of time for questions and comments from the public. Please join us for what will be a fascinating discussion.

Friday, October 22 National Day of Protest Against Police Brutality
THERE'S BEEN A CHANGE IN THE START OF THE MARCH!

October 22, 7:00 p.m.
March to mark the National Day of Protest Against Police Brutality
Leaving from Lake Street at Nicollet Avenue, Minneapolis
Protest the blatant and unpunished murders of Fong Lee, Quincy Smith, David Smith and so many others, and the lack of prosecution of cop corruption with the Metro Gang Task Force. Demand an end to police brutality NOW!