Latest news with #policeMisconduct
CBC
21 hours ago
- General
- CBC
Oversight on Charter breaches by Ottawa police lacking, lawyer says
In a scathing ruling, an Ontario Court judge called out two Ottawa police officers for breaching a man's Charter rights and lying about it in court. The man was acquitted.
Daily Mail
3 days ago
- General
- Daily Mail
Retired policeman wrongly arrested over 'thought crime' X post wins £20,000 payout
A retired policeman who was wrongly arrested over a social media post warning of a rise in anti-Semitism has won £20,000 in compensation. Julian Foulkes, from Gillingham, was detained at his home by six officers from Kent Police - the very same force he had given ten years of his life to - after he questioned a supporter of pro-Palestine demonstrations on X in November 2023. In the context of a rise in protests at the start of the Israel-Hamas war - and reports of an anti-Semitic mob storming a Russian airport - Mr Foulkes tweeted an activist: 'One step away from storming Heathrow looking for Jewish arrivals…' Mr Foulkes was later handcuffed on his own doorstep by uniformed officers equipped with batons and pepper spray. Officers searched his home and made comments on his 'very Brexity' book collection, before detaining the 71-year-old for eight hours. This month, Kent Police confirmed the caution was a mistake and had been removed from Mr Foulkes's record. In a letter sent to Mr Foulkes' solicitors, the force has now repeated an apology from the chief constable Tim Smith for the 'distress caused by the actions of his officers'. It also confirmed Kent Police would agree to an out-of-court settlement after Mr Foulkes launched a legal challenge for wrongful arrest and detention. The letter, sent by a lawyer for the force, read: 'I am instructed to accept the offer of early resolution without recourse to litigation by payment of compensation in the sum of £20,000 plus your client's reasonable legal fees in full and final settlement of all prospective claims arising from his arrest on Nov 2, 2023.' Mr Foulkes told The Telegraph that although he was 'naturally pleased' that Kent Police had apologised, it was 'never about money'. 'For me, it was a simple matter of right and wrong and I now need to see that the full investigation I have been promised takes place and necessary actions are taken to prevent any recurrence,' he said. Previously, Mr Foulkes spoke to MailOnline to reveal he had accepted an offer from the Free Speech Union to fund a lawsuit against Kent Police for wrongful arrest and detention. He said: 'This is absolutely an Orwellian-style thought crime. It's absolutely ridiculous because I sent a tweet which was reasonable in the circumstances and it was a tweet based on events I'd read about just the previous day and in the previous week. 'It was taken out of context and I really can't go through all the failings of Kent police - as much as I'd like to - but it's been quite astonishing to me especially as I served with them for 10 years.' Kent Police misinterpreted his tweet as being anti-Jewish but has since removed the caution from Mr Foulkes' record as well as his biometric data that was stored in police files. Mr Foulkes said previously: 'I sat on it for nine months or so wondering what to do - whether to go public but decided it was best to speak out. 'Career-wise it's not going to hurt me. At my age, I've got no plans to work again so that's not something that affects me. 'In practical terms the worst thing was the injustice and that's the thing I wanted to tackle because there's right and wrong - and I knew they were wrong. 'I got the right result in getting the caution overturned and it's not something Kent Police - indeed any police force do very often.'
Yahoo
26-05-2025
- Politics
- Yahoo
Soaring Chicago police lawsuit payouts hit record amount — and more are on the way
CHICAGO — Chicago's spending on police misconduct settlements and other police lawsuits is soaring this year, and the steep price for taxpayers could rise hundreds of millions more. Through May alone, the City Council has already approved at least $145.3 million in taxpayer payments to settle lawsuits involving the Chicago Police Department, a record number that dwarfs sums from past years, according to a Tribune analysis. That amount — far above the $82.6 million Mayor Brandon Johnson and aldermen budgeted for settlements, verdicts and legal fees involving the department — does not include many smaller payments that face less aldermanic scrutiny. It also leaves out a whopping $120 million a federal judge ordered the city to pay in March for two wrongful conviction cases — verdicts city leaders plan to challenge — and the oft-expensive cost of outside counsel retained by the city. And the budget-swamping cost will grow this year as Chicago stares down dozens and dozens of pending wrongful conviction lawsuits and handles a backlog of cases that went unheard while the COVID-19 pandemic closed courts. In City Hall, top attorneys, budget leaders and aldermen alike know the sharply heightened bill for police lawsuits is coming due. 'There's no real way around them,' Budget and Government Operations Committee Chair Ald. Jason Ervin, 28th, said. 'We have to deal with what's on the table right now.' Many of the most expensive police-related cases involve wrongful convictions and imprisonments related to confessions detectives allegedly forced from suspects through torture and coercion, as well as car chases that violate strict CPD pursuit policies and end in injuries or deaths. The city's Law Department recommends in many such cases that aldermen approve settlements to avoid risking far higher payouts that could follow court losses. The expensive deals and verdicts regularly tied to decades-old cases will make it harder for the already cash-strapped city to pay for new investments, like Johnson's progressive plans to expand youth employment or mental health care, both of which have price tags that pale in comparison with the lawsuit spending. But even as Johnson's administration hints at another large spending gap after grappling with a deficit of almost $1 billion last year, his budget director, Annette Guzmán, says the city has no choice but to make the best of the 'frustrating' situation. 'We're not kicking the can down the road. We are dealing with the situation and the hand that we've been dealt,' Guzmán said. Other cities are also contending with heightened police-related lawsuits, Guzmán added. She cited Los Angeles, where Mayor Karen Bass during a 'state of the city' speech last month blamed a nearly $1 billion shortfall that ultimately led to layoffs for 650 city workers in part on 'backed-up lawsuits' and 'uncapped damages.' Police-related settlements and verdicts have long cost the city a fortune, totaling over $1.11 billion from 2008 to 2024. The cost has generally risen over the last decade, passing $100 million for the first time in 2022 and hitting the mark again last year, according to the Tribune's analysis of city data. And the city has routinely failed to budget enough money to pay the bill. Chicago has only put enough in its annual police budget to cover the cost twice in the last 17 years, even after the budgeted amount jumped from below $20 million in 2018 to $82.6 million in 2020, where it remains today. Though she did answer a Tribune question about police misconduct costs at a news conference this week, Guzmán denied several requests for an interview. Her Office of Budget and Management said in a statement that the city has budgeted over $150 million this year for settlements across the city's entire general fund, but added, 'it is difficult to predict/estimate what will settle, when it will settle and how much it will likely settle, often times over a year before it does.' 'Given the amount that has settled this year and for, in some cases, record setting amounts, we will be working with the Department of Law and the CFO on options for addressing potential settlements through the end of the year,' the Budget Department statement said. The city's insurance providers have had to pay an additional $19 million tied to settlements. The Law Department released a statement saying the city manages around 17,000 legal matters every year, including transactions, defense litigations and prosecutorial cases. The cases for large amounts 'represent a small fraction,' and the city issued payment of 739 matters for settlements and judgments last year, the statement said. The city's 2025 payouts include $89 million tied to reversed conviction cases 'that involve decades-old conduct and do not reflect current police practices,' the statement said. A Law Department spokesperson declined to say how much future cases could cost the city this year. In January, the City Council approved a $7.5 million settlement for Ben Baker and his partner. Baker says allegedly corrupt ex-police Sgt. Ronald Watts pinned bogus drugs on him as retaliation when he refused to pay Watts a $1,000 bribe. Baker spent about 10 years in prison before his conviction was thrown out. His story will soon seem commonplace to aldermen. Around 175 other Watts-related cases are yet to be resolved in federal court. The incoming wave of those cases tied to alleged wrongful convictions could see Watts join disgraced former detectives Reynaldo Guevara and Jon Burge in the roll call of police officers who ended up costing taxpayers massive amounts of money for their misdeeds on the job. Another Watts case settled this week for $1.2 million, part of a lofty $62 million package approved by the City Council in May. The mounting costs sparked briefings presented to aldermen by city attorneys Thursday. Attendees said Law Department staff members laid out how they will address the coming cases, including the idea of hiring more attorneys. It will be hard to stomach the cost of settling, but it will often be more prudent than risking court verdicts, Ervin said. 'When the facts are stacked against you, you have to know when it's time to let go,' he said. As aldermen approved the fortune in settlements Wednesday, some loudly disagreed with Ervin's position. Ald. Raymond López, 15th, Johnson's most vocal opponent, argued settlements create a 'cottage industry' for attorneys who sue the city. Aldermen were debating a $5 million deal for a woman who lost both legs to frostbite after police who found her walking shoeless in a bathrobe did not drive her to a station around a mile away when she was locked out of her home and suffering a mental health crisis while temperatures hovered near 5 degrees. 'We have to stop settling every single time in this room,' López told his colleagues. 'We have to learn that some situations, while tragic, are not our fault. They are not the responsibility of taxpayers.' Ald. Andre Vásquez, 40th, fired back, arguing those favoring trials over settlements were gambling with taxpayer money. The same aldermen refused to include revenue-raising policies in the city's budget, he added. 'Stop talking on both sides of your neck just because you want to cater to whatever crowd you're speaking to,' Vásquez said. 'If you are not going to pay the bill, then accept the cheaper bill and take the settlement.' The settlement passed in a 36-13 vote. Moments later, aldermen considered an $8.25 million deal for a man who alleged police fabricated evidence that led to his murder conviction and 16 years behind bars before his conviction was vacated and charges dropped. The City Council considered a deal in the case last year. At the time, aldermen rejected a settlement $650,000 cheaper than the one they passed Wednesday. A key city witness was since convicted of sexual assault, city attorneys said. 'These are the types of cases we need to settle because they are bad cases,' Ervin said during debate before offering support for the work of Corporation Counsel Mary Richardson-Lowry, Johnson's top lawyer. 'If we don't trust her, then that's a different conversation. … Sending her to court in these circumstances only runs up the bill.' In response, a frustrated Ald. Nick Sposato, 38th, defended his frequent 'no' votes on settlements. He chided Ervin, arguing the Finance Committee briefings where aldermen discuss the deals might as well not happen if the body should always follow the Law Department's advice. 'If we are just going to do what they say, we don't need to do this,' Sposato said. 'Why are we wasting time, dragging people down there, listening, sitting in? … Forget the briefing, forget anything. We'll just go back to the old days.' But Ald. Pat Dowell, 3rd, who chairs the Finance Committee, told the Tribune afterward many aldermen do not come to the briefings where settlements are discussed. She urged her colleagues to show up and take on the ugly but necessary task of dealing with settlements. 'They have to be addressed,' Dowell said. 'We cannot stick our head in the sand and ignore these cases.' At a news conference later Wednesday, Richardson-Lowry argued it's a 'misnomer' for the aldermen often opposed to settlements to think the city is merely settling. The 'vast majority' of the lawsuits that her department handles are tried, not settled, 'but there are categories of cases that are in the interest of the city to settle,' she said. The Law Department does not expect to get every alderman's support, but it does expect their participation in briefings, Richardson-Lowry added. A backlog of cases is 'coming due,' she said. When it is appropriate, that will mean more trials, but it will mean more deal-making too, she said. 'I want all the (aldermen) and the general public to get ready, because we're going to have more settlements,' Richardson-Lowry said. 'It's the responsible thing to do.' ____
Daily Mail
22-05-2025
- Daily Mail
Road raging police chief's terrifying move as he confronts motorcyclist over traffic violation
The head of a Pennsylvania police department was caught on camera pulling a gun on an unsuspecting motorcyclist in a jarring instance of road rage. Manheim Township Police Chief Duane Fisher was off-duty on April 30 when he hopped out of an unmarked vehicle in plainclothes and violently confronted biker Benny Pena-Rivera, 24. Pena-Rivera stopped his bike behind a Wingstop when the enraged police chief pulled up behind him in an unmarked department SUV. The police chief, wearing grey shorts, a dark blue t-shirt and sneakers, then stepped out of his car and immediately wielded the deadly weapon. 'All I heard was, "On the ground. On the ground, or I will shoot you." If you're a cop or something, you're supposed to identify yourself and not come up the way you came up to me,' Pena-Rivera told Local12. Fisher rushed over to the helmet-wearing biker and shoved him into an electric panel. The officer allegedly kept his gun pointed at Pena-Rivera the whole time. 'I'm telling him, "Don't shoot me. What's the reason you're going to shoot me for?" Pena-Rivera recalled the horrifying moment he saw his life flash before his eyes. The pair started wrestling and the baffled motorcyclist finally found a moment to sprint off to his house. Only then, according to the surveillance footage, did Fisher turn on his SUV's police lights. Pena-Rivera is particularly confused about why Fisher's sirens were off, saying 'he should have had his lights on instead of just withdrawing his gun the way he was doing it.' The next day - before the troubling video was brought to light - Pena-Rivera was arrested while picking up cigarettes from a gas station. Fisher claimed he noticed Pena-Rivera on an unregistered motorcycle, driving erratically. According to his May 1 arrest record, he was hit with a slew of accusations related to the incident. He was charged with one count each of aggravated assault, evading arrest or detention on foot, resisting arrest and DUS - DUI. Pena-Rivera was also charged with five counts of summary vehicle code violations. Fisher documented that he 'was in an unmarked police vehicle and identified himself as Manheim Township Police,' which contradicts Pena-Rivera's statement. The police report alleges the biker refused orders to shut of his motorcycle's engine and shoved Fisher before running off. He was taken into custody with bail set a $5,000. Pena-Rivera pleaded guilty to traffic violation charges, but all the criminal offenses were dropped. 'The Manheim Township Police Department and the parties agreed with the resolution of the charges in this manner based on the facts and circumstances of the case,' Lancaster County District Attorney Heather Adams said in a May 14 statement. The next day, Fisher was placed on paid leave and the department launched an internal investigation into the incident. However, Adams announced her office will not be probing the altercation between Fisher and Pena-Rivera, claiming Fisher's 'actions did not rise to the level of a potential criminal act,' in a Friday press release. 'The Lancaster County District Attorney's Office does not investigate use of force or internal policy violations of police departments that do not rise to the level of a potential criminal act,' she explained. 'After a review of all reports in this matter, including relevant surveillance video, official police reports and the affidavit of probable cause, it is clear that Chief Fisher was acting in his capacity as a police officer trying to gain compliance of the driver to further investigate and not with any intent necessary to establish criminal conduct.' Adams deferred to the police department to determine if Fisher's actions where inappropriate or against policy. Pena-Rivera told Fox 43 he wants Fisher to own up to his actions. 'If it wasn't for that video, nobody would actually believe what I was saying because it was my word against his,' he told the outlet. Fisher became Manheim Township's chief in 2023 after moving from the Allegheny Township Police Department, where he also served as chief.
BBC News
21-05-2025
- BBC News
Dorset police officer dismissed over 'chokehold' offence
A police officer has been dismissed by a force without notice after admitting a charge of non-fatal Tyler McWalter previously pleaded guilty to the offence, which involved a man being put in a "chokehold" during an altercation in Weymouth.A Dorset Police misconduct hearing on Tuesday found the incident amounted to a breach of the standards of professional behaviour, and was gross 30-year-old, who was off-duty at the time of the incident, was dismissed without notice and has been placed on the police barred list. The incident outside Kika Beach Bar on the Esplanade on 14 September 2024 left the victim suffering haemorrhaging to his left eye as well as a sore neck and throat, Weymouth Magistrates' Court previously McWalter was suspended from duty after pleading guilty to a charge of non-fatal strangulation in Chief Constable Rachel Farrell said it was "very disappointing" to hear about an officer being involved in an "incident of public place violence such as this"."We expect our officers and staff to adhere to the highest standards of behaviour even when they are off duty and behaviour such as this simply will not be tolerated," she said."We remain absolutely committed to ensuring officers whose actions fall below the high standards we expect of them are held to account and we want to send a message that there is no place in our organisation for someone who commits this kind of violent act."PC McWalter is currently on bail and is due to be sentenced on 3 July. You can follow BBC Dorset on Facebook, X (Twitter), or Instagram.
