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The True Costs of Police Misconduct

by: Deborah Jacobs, ACLU-NJ Executive Director

Wed Jul 07, 2010 at 09:33:46 AM EDT



Retweet? @CoryBooker - do you have comment for @BlueJersey on ACLU charge of Newark transparency issues? - http://bit.ly/aSKiqg
--- promoted by Rosi (link's corrected, thanks MJ)

Two weeks ago, amid news of layoffs in Newark, the City and its taxpayers took yet another financial hit: a high dollar verdict for a former police officer mistreated by the Newark Police.

A jury awarded Darren Nance $600,000, finding that the Newark Police had racially discriminated and retaliated against him.

Once lawyers tally up interest for this verdict, legal fees for his attorneys, plus the two private law firms hired to defend Newark, this case will likely cost millions.

Most cities rely on insurance to cover misconduct-based payouts, but Newark is deemed too high risk to qualify for a policy. Instead, these payouts come out of the pockets of Newark taxpayers. And for every case like Nance's that goes to trial, many others settle out of court behind closed doors.

It is difficult to know, therefore, the full financial impact of police misconduct on Newark  taxpayers. We're also left in the dark about the details of the misconduct at the center of those cases, and whether the officers involved are sanctioned.

This is a shame because lawsuits - especially settled ones - can reveal dangerous practices in a department. And when individual officers are openly held accountable for the misconduct, it can deter others from engaging in similar acts.

To determine how much police misconduct cases cost Newark, and shed light on the underlying abuses, the ACLU of New Jersey has combed court databases, City Council minutes and other public records to find settlements.

We found that since January 2008, nine lawsuits by Newark police officers against the City were settled, with the settlements totaling $1,696,503. These cases primarily involve discrimination and retaliation.

Lawsuits from officers are just the tip of the iceberg. In that same time period, Newark  awarded at least 23 payouts to citizens filing lawsuits over mistreatment ranging from false arrest to death in custody. Those, too, come with a hefty price tag - $766,617 from the 18 cases for which we have settlement amounts.

More cases are coming through the pipeline. We have identified 27 pending cases ordinary citizens have filed against the Newark Police since January 2008, and seven more filed by employees.

And there are likely others; since information about these lawsuits is not publicly disseminated or maintained in a centralized placed, we couldn't find every case filed against the Newark Police.

The costs go well beyond finances, of course. Lawsuits aside, police misconduct jeopardizes community safety and erodes the trust officers need from community members to effectively protect and serve.

But money matters, too, especially during a budget crisis. If the money Newark spends  to defend and compensate for police officers' mistakes went towards reforms instead - training, technology, and resources for police - it would save money, lives, and public confidence in the long run.

The ACLU-NJ has an unwavering commitment to both government transparency and sound police practices. For the public's benefit, starting today, the ACLU-NJ will publish "the dirty dozen" of these cases on our website - representing some of the most egregious claims of discrimination, retaliation, beatings, and internal affairs corruption. We will release one a day for the next twelve business days. Many of these settlements have never before seen the light of day.

Darren Nance, however, got his day in court. He started his career as a Newark police officer in 1989 and encountered racism in the department after just a few months on the job. He spent the next seven years fighting for his rights, until the Newark Police fired him in 1996.

The jury verdict for Nance, along with these settlements, demonstrates that justice for police abuses can indeed come. But it also demonstrates a disturbing pattern: we see the abuses described in Nance's complaints from 15 years ago repeated in the settlements and pending lawsuits of today. The ACLU-NJ, which turned 50 this year, has fought the same kinds of abuses against Newark Police since our founding; change is overdue.

The only way to prevent the same mistakes, the same wounds, and the same payouts from the same stories is root out their sources. Otherwise, the citizens of Newark will continue to pay for bad apple officers who engage in abusive conduct and for managers and elected officials who fail to fix the underlying problems.

Deborah Jacobs, ACLU-NJ Executive Director :: The True Costs of Police Misconduct
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needless to day.... (4.00 / 1)
...Newark can hardly afford the cash settlements these incidents spawn.  neither can they really 'afford' any more bad pub.  hopefully Mayor Booker can get a reign on this and turn it around.

And FWIW, Camden is about 1/3 the size of Newark and not much better.

activist for hire.Follow jay_lass on Twitter


Transparency and reform (0.00 / 0)
I hope the city can soon find a way to obtain affordable insurance. Another fall-out of their not having insurance is that they insist with each grant they issue that the city be indemnified and held harmless from lawsuits. Such places a heavy burden particularly on smaller companies and non-profits which fear the bankruptcy which might occur from a lawsuit.

Of course the city can't force residents to hold Newark harmless against police or other employee misconduct so the city is stuck with bearing the brunt of high lawsuit costs, including expensive internal and external counsel. By highlighting this problem, the ACLU is rightly pushing the city to end the systemic police abuse, discrimination and misconduct. Although there had been high hopes for Booker's appointed Police Commissioner, it is now time to seek out a new commissioner with a re-invigorated mission and the ability to gain support from  the community, police infrastructure, and political leaders. Your spotlight on the "Dirty Dozen" should make clear the importance of transparency and reform.

"The work goes on, the cause endures, the hope still lives, and the dream shall never die." - Sen. Ted Kennedy


The huge TRUE cost (4.00 / 1)
I guess it's the immediate dollars that you have to talk about to get the city government's attention. But what you mentioned in passing
The costs go well beyond finances, of course. Lawsuits aside, police misconduct jeopardizes community safety and erodes the trust officers need from community members to effectively protect and serve.
is probably an order of magnitude greater, including long-run financial cost to the city government. The 'don't snitch' mentality that is facilitated by abusive officers makes the city less safe for everyone, inhibits the starting of new legitimate store-front businesses, and keeps people alienated from above-board society.

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