ReportWire

Tag: ACLU of Michigan

  • Experts say Warren police broke the law in brutal beating of mentally ill man – Detroit Metro Times

    [ad_1]

    Civil rights attorneys, former law enforcement officials, and mental health experts tell Metro Times that the Warren Police Department’s handling of 26-year-old Christopher Gibson was not only unnecessary but, according to several experts, it was illegal and should have led to charges.

    Gibson was “brutally battered, tasered and threatened with a barking K-9” while in custody in December 2022, according to a lawsuit filed by the ACLU of Michigan. The suit says Gibson, who has schizophrenia, was denied psychiatric help even after his mother pleaded with police to take him to a hospital. Instead, they arrested him and locked him in a cell, where body-cam footage shows officers pepper-spraying, hooding, and repeatedly tasering him as he screamed for help. He was later hospitalized with heart and kidney damage.

    Despite the severity of the allegations, Macomb County Prosecutor Pete Lucido, whose office would be responsible for criminal charges, has not taken any action. It’s unclear if Warren police even forwarded an investigation to the prosecutor’s office. 

    “I looked at our database. I do not have any information related to the incident you reference,” Macomb County Prosecutor’s Office spokesperson Esther E. Wolfe, tells Metro Times. “Therefore, we do not have any comment on the matter.” 

    Warren police declined to comment and wouldn’t even say if the department trains officers in handling people with mental health crises. 

    “At the recommendation of attorneys for the City, no additional statement or response is available,” Warren Police Lt. John Gajewski told Metro Times in a written statement.

    Civil rights attorney Amir Makled, who has represented numerous victims of police violence, says the video evidence and accounts in the ACLU lawsuit leave no doubt about what happened.

    “I hope the officers are charged because the excessive force was a clear violation of civil rights, and it’s excessive force, and it’s totally illegal,” Makled tells Metro Times

    Makled adds that crisis intervention teams (CIT), which are designed to prevent violent encounters between police and people experiencing mental health crises, are critical to deescalating tensions and ensuring that a person struggling with mental illness is properly treated. CITs typically pair mental health professionals with specially trained officers. 

    “It’s most important to have a crisis intervention team of officers who have a really good understanding of mental illness so they can calm the person down,” Makled says. “In this case, there was zero de-escalation done. It was almost done maliciously with an intent to harm this young man who was going through a mental-health episode.”

    Makled also says the incident reflects a deeper, systemic problem within Warren’s police culture.

    “It’s almost as if the culture of the Warren Police Department has been to be aggressive and abusive, and that’s inappropriate and illegal,” he says. “The city of Warren and those police officers had a choice. They could have tried to help this individual. It was clear these officers were trying to hurt this individual.”

    Former Detroit Police officer and attorney David Robinson, who spent 13 years inside the department before becoming a civil rights lawyer, says Warren’s actions were “definitely excessive.”

    “They went from 0 to 100,” Robinson says. “There was never any real effort to speak calmly to this guy and try to convince him that they weren’t a threat. They had guns and uniforms. Their voices were stern and insulting.”

    He says the incident “was a calamity of indifference, and it was ignorance on the part of the police. It was a lack of training and a lack of sensitivity.”

    “We saw the full force brought down on this guy,” Robinson adds. “Had there been some distinction in the use of force on people with mental illnesses, we would have had a different outcome. Gibson perceives them as a threat, but they don’t perceive him as anything but a target. There’s no discretion.”

    Gibson’s mother, Awanda Gibson, said she begged police to take her son to a hospital, not jail.

    “Had they just listened and handled the situation better, we wouldn’t be here now,” she said in a video released by the ACLU. “They need mental-health experts to respond to these types of situations. It’s gonna keep happening over and over again unless the Warren Police Department changes.”

    Instead, she says, officers refused to tell her where her son was. It wasn’t until three days later that she found out he was in the hospital.

    Detroit-based public safety expert Darrick D. Muhammad, a former police chief and author of Reform the American Police – Eliminate Slave Catching Tactics, says Gibson’s case is part of a nationwide failure to reform policing around mental health encounters.

    “That was disturbing but not surprising,” Muhammad says of the Warren police video. “Police often lack the training and resources to effectively respond to mental health crises, creating heightened risks for those in distress and added strain on law enforcement. Although Crisis Intervention Training aims to improve officer response, it is not universally implemented and cannot match the expertise of mental health professionals. Consequently, many crises result in individuals being denied appropriate care or facing harmful outcomes, such as arrest and the continued criminalization of mental illness.”

    Muhammad questions why a police dog was even brought into the cell.

    “Why was a K-9 police dog brought to this apparent mental-health crisis?” he asks. “Dogs, once trained by slave patrols to track and viciously maul runaway enslaved people, embody a brutal legacy of control and dehumanization. Today, echoes of those tactics persist, as some modern policing practices continue to mirror the slave patrol system, binding America to the lingering chains of slavery.”

    Amy Watson, a Wayne State University social-work professor who has spent decades researching police encounters with people with serious mental illness, didn’t speak on this case but emphasizes the need for alternative interventions. 

    “Generally, what we want officers to do is take an approach that uses time and distance and gives the person time to de-escalate,” Watson explains. “It’s about really slowing things down and getting some information. If they have information that a person is experiencing a mental-health crisis, that is an indicator that it’s something that needs to be addressed.”

    She says officers must recognize that someone in psychosis may not process commands quickly or they may react out of fear.

    “If officers recognize or have information that someone is experiencing psychosis or a mental-health crisis, they should understand that the person might not respond quickly to commands or instructions,” Watson says. “You need to allow the person time to process the information you’re giving them. If someone is really agitated, they don’t process information as quickly, and if they’re experiencing feelings of paranoia, they may react out of fear. We try to get officers to help the person feel safer.”

    Watson says cities need non-police alternatives, like mobile crisis teams with proper training, to respond to calls involving mental illness. 

    “If someone calls 911, they should be able to be transferred to a place that is trained in mental health,” she says.

    In Wayne County, the Detroit Wayne Integrated Health Network (DWIHN) operates one of Michigan’s most widely recognized CIT programs. Since 2019, DWIHN has trained more than 1,000 public safety personnel, including 799 officers, 61 executive staff, and 140 dispatchers across 12 agencies. Warren, located in Macomb County, has no comparable countywide program.

    DWIHN emphasizes that their model depends on close collaboration between law enforcement and mental health professionals to prevent crises from turning deadly and to connect people to mental health care. 

    Experts say these violent incidents go beyond a single department. Muhammad points to the state dismantling its public mental health system decades ago. Former Gov. John Engler closed more than a dozen psychiatric hospitals in 1997, saying that treatment should return to communities. But he failed to provide sufficient funding or infrastructure to replace the hospitals. 

    “The burden has shifted to encounters with law enforcement,” Muhammad wrote in his book.

    Makled says the Warren officers’ actions demand criminal charges, not just a lawsuit.

    “This case was really bad,” he said. “The officers acted as if they were above the law. And so far, the prosecutor’s office has done nothing. That’s unacceptable.”


    [ad_2]

    Steve Neavling

    Source link

  • ACLU seeks release of Michigan immigrant held in custody despite life-threatening leukemia

    [ad_1]

    Federal authorities refuse to release a Michigan man in a pending deportation case, despite his life-threatening leukemia and the inconsistent health care he’s received while in custody since August, his lawyer said Thursday.Related video above: Massachusetts city council passes resolution barring police from assisting ICEThe American Civil Liberties Union of Michigan is seeking a bond hearing for Jose Contreras-Cervantes, which could allow him to return to his Detroit-area family and doctors while his case winds through immigration court. He’s currently being held at a detention center about three hours away.Contreras-Cervantes, a 33-year-old married father of three who has been living in the U.S. for about 20 years, but not legally, was arrested at an Aug. 5 traffic stop in Macomb County, near Detroit. He had no criminal record beyond minor traffic offenses, said ACLU lawyer Miriam Aukerman.Contreras-Cervantes was diagnosed last year with chronic myeloid leukemia, a life-threatening cancer of the bone marrow, said his wife, Lupita Contreras.”The doctor said he has four to six years to live,” she said.His detention is a consequence of the Trump administration’s policy of refusing to agree to bond hearings for immigrants if they entered the U.S. illegally, even if they lack a criminal record. The policy is a reversal of past practices and it has been successfully challenged, including this week in Washington state.”We don’t just lock people up and throw away the key,” Aukerman said. “Judges decide who should be behind bars. That is true for citizens and noncitizens. … Immigration cases can take months or even years.”U.S. Immigration and Customs Enforcement had no immediate comment on the case.Contreras-Cervantes was shuttled from Michigan to Ohio and then back to Michigan and didn’t receive medication for 22 days, his wife said.He is now getting a substitute medication at North Lake Processing Center, a privately operated detention center in Baldwin, Michigan, not the specific medication recommended by his doctors, Aukerman said.The ACLU filed a petition Monday in U.S. District Court in Detroit, asking a judge to order bond hearings for Contreras-Cervantes and seven other people who are in custody.”What the (Trump) administration is doing is trying to crush people’s spirits, make them give up,” and agree to deportation, Aukerman said. “We’re saying no. They’re entitled to due process.”

    Federal authorities refuse to release a Michigan man in a pending deportation case, despite his life-threatening leukemia and the inconsistent health care he’s received while in custody since August, his lawyer said Thursday.

    Related video above: Massachusetts city council passes resolution barring police from assisting ICE

    The American Civil Liberties Union of Michigan is seeking a bond hearing for Jose Contreras-Cervantes, which could allow him to return to his Detroit-area family and doctors while his case winds through immigration court. He’s currently being held at a detention center about three hours away.

    Contreras-Cervantes, a 33-year-old married father of three who has been living in the U.S. for about 20 years, but not legally, was arrested at an Aug. 5 traffic stop in Macomb County, near Detroit. He had no criminal record beyond minor traffic offenses, said ACLU lawyer Miriam Aukerman.

    Contreras-Cervantes was diagnosed last year with chronic myeloid leukemia, a life-threatening cancer of the bone marrow, said his wife, Lupita Contreras.

    “The doctor said he has four to six years to live,” she said.

    His detention is a consequence of the Trump administration’s policy of refusing to agree to bond hearings for immigrants if they entered the U.S. illegally, even if they lack a criminal record. The policy is a reversal of past practices and it has been successfully challenged, including this week in Washington state.

    “We don’t just lock people up and throw away the key,” Aukerman said. “Judges decide who should be behind bars. That is true for citizens and noncitizens. … Immigration cases can take months or even years.”

    U.S. Immigration and Customs Enforcement had no immediate comment on the case.

    Contreras-Cervantes was shuttled from Michigan to Ohio and then back to Michigan and didn’t receive medication for 22 days, his wife said.

    He is now getting a substitute medication at North Lake Processing Center, a privately operated detention center in Baldwin, Michigan, not the specific medication recommended by his doctors, Aukerman said.

    The ACLU filed a petition Monday in U.S. District Court in Detroit, asking a judge to order bond hearings for Contreras-Cervantes and seven other people who are in custody.

    “What the (Trump) administration is doing is trying to crush people’s spirits, make them give up,” and agree to deportation, Aukerman said. “We’re saying no. They’re entitled to due process.”

    [ad_2]

    Source link

  • ACLU sues over detention of immigrants in Michigan, citing unconstitutional ICE policy – Detroit Metro Times

    [ad_1]

    The ACLU of Michigan has filed a federal lawsuit demanding the release of eight longtime Michigan residents who remain in immigration custody without bond hearings under a new Trump administration directive that attorneys say violates the U.S. Constitution and decades of immigration law.

    The lawsuit, filed this week in U.S. District Court in Detroit, argues that Immigration and Customs Enforcement (ICE) is unlawfully detaining immigrants who were apprehended “in the interior” of the country and denying them the bond hearings they are entitled to under federal law. Some of the immigrants were detained after routine traffic stops. 

    Among those held is Jose Daniel Contreras-Cervantes, a 33-year-old father of three American citizen children. He has lived in Michigan since he was a teenager. 

    Contreras-Cervantes was diagnosed last year with chronic myeloid leukemia, a rare and life-threatening cancer, and requires daily chemotherapy and specialized care. After he was pulled over by a Macomb County sheriff’s deputy in August for allegedly driving a few miles over the speed limit, federal immigration officers took him into custody.

    His detention has cut him off from his medical team and caused severe lapses in treatment, according to the lawsuit. Court filings say he received no chemotherapy from Aug. 5 to Aug. 27, and he has since been given different medication than the one prescribed by his doctor. His wife, Lupita Contreras, said his absence has devastated their family.

    “It is hard enough knowing that my husband’s life will be cut short given his prognosis,” she said. “But it is torture for me and my children to lose precious time with him because ICE locked him up away from us. I agonize over whether he’s getting the care he needs to stay alive. My sons witnessed their father being taken away and were not even allowed to say goodbye.”

    Another petitioner, Fredy De Los Angeles-Flores, 46, of Pontiac, has lived in the U.S. for 15 years and is the sole caregiver to his 13-year-old U.S. citizen son. He was arrested at a gas station in June while immigration agents were searching for someone else. He has no criminal history beyond minor traffic infractions. His detention, attorneys said, has been traumatic for his son, who relied on him for daily stability.

    The ACLU lawsuit argues that ICE is using a policy meant for people just arriving at the border to detain immigrants who have lived in the U.S. for years. For decades, those who were detained were entitled to bond hearings, where a judge could decide whether they should stay locked up or return home to their families while their case moved forward. 

    Federal courts around the country, including multiple judges in Michigan, have already rejected the government’s directive. In August, U.S. District Judge Brandy McMillion ruled in a similar case that ICE had unlawfully detained another Michigan resident, Juan Manuel Lopez-Campos, and ordered his release or a bond hearing within seven days. The government quickly released him from custody.

    Miriam Aukerman, senior staff attorney for the ACLU of Michigan, said the new ICE directive is part of a broader attempt by the Trump administration to pressure immigrants into abandoning their cases.

    “This new ICE directive is one of the most dangerous and far-reaching abuses of power that we’ve seen in this Administration’s mass deportation campaign,” Aukerman said in a statement. “The Administration’s goal is to break people’s spirits—to lock people up and make them so desperate that they agree to leave their loved ones. The cruelty of this new directive is not an accident. Cruelty is the point.”

    Attorneys note that none of the petitioners has a criminal record beyond traffic violations. Several are parents of American citizen children. Others have lived in Michigan for decades, some since they were babies. All are being detained in facilities in Michigan and Ohio.

    The lawsuit asks the court to order their immediate release or at least require bond hearings within seven days.

    For Lupita Contreras, the case is about more than her husband’s health.

    “I will not give up on my husband until he is back home with his children and in his community, where he belongs.” she said. “Kids need their dads and moms. Families belong together. And that’s true no matter which family members have a U.S. passport.”


    [ad_2]

    Steve Neavling

    Source link

  • Warren police block release of records showing alleged brutality of man in crisis

    [ad_1]

    City of Warren, via ACLU of Michigan

    Warren police confront a man having a mental health emergency, leading to him being hospitalized with injuries to his heart and kidneys.

    The Warren Police Department is refusing to release public records to Metro Times, including video footage that shows cops allegedly beating a man with a mental health emergency.

    Christopher Gibson, 26, was “brutally battered, tasered and threatened with a barking K-9” by Warren cops while detained in December 2022, according to a recent lawsuit filed by the ACLU of Michigan. He ended up in the hospital with damage to his heart and kidneys.

    Ironically, an attorney for Warren claimed in the city’s denial that releasing the records would somehow harm Gibson because he “did not authorize release of his protected or private information to any third-party,” calling the information “an invasion of privacy.”

    “Your demand for copies of everything obtained by Mr. Gibson’ attorneys is therefore improper,” city attorney Raechel M. Badalamenti wrote to Metro Times on Wednesday.

    Michigan’s Freedom of Information Act (FOIA) laws are very clear: Public agencies are required to disclose records that document official actions by government employees, regardless of whether the subject of the records authorizes their release.

    Badalamenti also insisted that law enforcement personnel records are exempt, a claim that has been repeatedly contradicted by Michigan courts. In general, routine information, such as disciplinary records, complaints, use-of-force reports, and internal affairs findings, are considered public because they reflect how government employees perform their official duties.

    Notably, Badalamenti’s firm Kirk, Huth, Lange & Badalamenti, PLC is representing the city in the lawsuit filed by the ACLU of Michigan.

    Hoping to learn more about the allegations against the officers accused of assaulting Gibson, Metro Times sent a request to Warren police on Aug. 18 that sought the same records turned over to the ACLU of Michigan under a FOIA request. But Badalamenti appeared to suggest that some of those records were received through discovery in the lawsuit, not a FOIA request.

    “As you may know, there is ongoing litigation regarding the subject-matter of this request,” Badalamenti wrote to Metro Times. “In this regard, you are not entitled to the same documents and tangible things requested by the American Civil Liberties Union as this organization represents the Plaintiff in that ongoing case. Documents available to an attorney, in discovery or with a client release, are not necessarily available under the Freedom of Information Act (the “Act”).”

    Badalamenti’s argument is moot because Metro Times only asked for documents that were already turned over to the ACLU under a FOIA request.

    Metro Times plans to appeal the denial. In the meantime, Warren police are exposing the city to a potential lawsuit for refusing to release the records.

    According to the ACLU’s lawsuit, Gibson was diagnosed with schizophrenia and was experiencing a mental health emergency. His mother asked police to take him to a psychiatric hospital, but instead, cops arrested him and locked him in a jail cell.

    While in police custody, Gibson repeatedly told the officers he was struggling with mental issues and was clearly disoriented and confused. An officer responded, “You’re mental, that’s fine. You can still follow directions,” according to the ACLU of Michigan.

    Video obtained by the ACLU shows Gibson clearly agitated and unwell when he was in a jail cell. Rather than get Gibson psychiatric help, as he and his mother requested, officers forced their way into his cell, pepper-sprayed him, covered his head with a mesh fabric hood, and tasered him while he was pinned to the ground, causing serious injuries to his body.

    “I have a mental illness going on,” Gibson yelled out as officers approached him.

    After cops wrestled him to the ground, a confused Gibson screamed, “They are killing me, literally! Judge! Judge!”

    Police then forced him into an elevator, which malfunctioned, causing Gibson more confusion. When the elevator opened, cops carried him out as he screamed.

    At no point during these confrontations did Warren police use mental health professionals or get Gibson psychiatric help.

    Asked about the way police handled the situation, Lt. John Gajewski declined to answer any of Metro Times’s questions.

    “At the recommendation of attorneys for the City, no additional statement or response is available,” Gajewski told us in an email.

    His mother said police refused to give her any information, and it wasn’t until three days later that she found out he was in the hospital with severe injuries.

    This is not the first time Badalamenti and Warren cops were accused of withholding public records. In March 2024, the Michigan Commission on Law Enforcement Standards (MCOLES) told Metro Times it was investigating a 2018 email that appears to show Badalamenti attempting to hide public records. In an August 2018 email, Badalamenti offered to keep in her office “the entire original file” involving an internal affairs investigation into a deputy police commissioner accused of punching a suspect that was in custody. By doing so, the deputy commissioner would have had an easier time finding another job at a police department following a 2017 law intended to crack down on wandering cops, or officers who move from department to department amid allegations of misconduct. The law requires police to reveal those records to state officials if the documents are related to an officer leaving the department.

    [ad_2]

    Steve Neavling

    Source link

  • Detroit father of 5 released from ICE detention after federal court order

    [ad_1]

    Steve Neavling

    The Patrick V. McNamara Federal Building in downtown Detroit, where immigration hearings take place.

    A longtime Detroit resident and father of five U.S. citizen children was released from immigration detention on Wednesday after a federal judge ruled that the Trump administration unlawfully denied him due process.

    Juan Manuel Lopez-Campos, who has lived in the U.S. for 26 years and has no criminal record, was arrested during a traffic stop in June and held for more than two months without a chance to seek bond.

    The ACLU of Michigan took up his case and sued on his behalf. In response to the suit, U.S. District Judge Brandy R. McMillion ruled that the Trump administration’s new directive to deny bond hearings is “not only wrong but also fundamentally unfair.”

    Lopez-Campos walked free Wednesday.

    “I am happy to finally be with my family with the help of my legal team,” Lopez-Campos said in a statement. “I hope to continue to fight my case.”

    The Trump administration’s directive in July attempted to reverse decades of policy by eliminating access to bond hearings for immigrants facing civil detention. If left in place, the directive would have subjected immigrants to mandatory detention without judicial review, a process that can take months or even years, legal experts said.

    “There are hundreds, if not thousands, of others still being wrongly denied what Juan just experienced: the opportunity to fight your immigration case from home,” Ramis J. Wadood, staff attorney for the ACLU of Michigan, said. “Because of that, we will not rest until every affected individual is allowed to exercise the same right to due process and has a chance to come home to their families.”

    Lopez-Campos’s attorney, Shahad Atiya, who worked with the ACLU on the case, said the government had “no legitimate reason” to keep him locked up.”

    “The cruelty was the point, but we’re glad that justice prevailed,” Atiya said.

    Lopez-Campos was one of more than 1,400 immigrants who were arrested by federal agents since President Donald Trump took office in January. Most of them had no criminal convictions.

    [ad_2]

    Steve Neavling

    Source link

  • Detroit police to overhaul facial recognition use after ‘groundbreaking settlement’ in false arrest suit

    Detroit police to overhaul facial recognition use after ‘groundbreaking settlement’ in false arrest suit

    [ad_1]

    Civil rights activists on Friday announced a “groundbreaking settlement agreement” in connection with a lawsuit filed by a Black man who was arrested by Detroit police based on a false facial recognition match.

    Robert Williams was arrested in front of his wife and young daughters at his Farmington Hills home in January 2020 after the facial recognition system incorrectly flagged him as a shoplifting suspect. He was locked up for 30 hours in an overcrowded detention facility where he was forced to sleep on a cement floor.

    Based on two blurry surveillance photos, Williams was accused of stealing watches from a Shinola store in Detroit in 2018.

    In April 2021, the ACLU of Michigan filed a federal lawsuit on behalf of Williams, alleging the police department violated his Fourth Amendment rights and that his wrongful arrest was in violation of the Michigan Elliott-Larsen Civil Rights Act.

    Williams is among at least three innocent Black people who have been arrested by Detroit police due to a false facial recognition match.

    Featured in the far-reaching settlement are restrictions in how the Detroit Police Department can use facial recognition technology.

    The core components of the settlement include:

    • Prohibiting police from arresting people based solely on facial recognition results or photo lineups following a facial recognition search.

    • Banning police from conducting lineups based solely on facial recognition leads without independent and reliable evidence linking a suspect to a crime.

    • Mandating police training on the risks and dangers of facial recognition technology and highlighting its higher misidentification rates for people of color.

    • Requiring an audit of all cases in which facial recognition technology was used to obtain an arrest warrant since 2017.

    Over the next four years, the U.S. District Court will retain jurisdiction of the case to ensure the agreement is enforced.

    “The Detroit Police Department’s abuses of facial recognition technology completely upended my life,” Williams said. “My wife and young daughters had to watch helplessly as I was arrested for a crime I didn’t commit and by the time I got home from jail, I had already missed my youngest losing her first tooth and my eldest couldn’t even bear to look at my picture. Even now, years later, it still brings them to tears when they think about it.”

    Civil right activists say the settlement is important because facial recognition technology is significantly flawed, inevitably leading to false arrests.

    The technology has come under increasing fire after studies have shown that the software misidentifies people of color more often than white people, which Metro Times reported in a cover story in July 2019.

    While Detroit has embraced the technology, at least 25 cities have banned it.

    “This settlement finally brings justice to Detroit, and the Williams family, after years of fighting to expose the flaws of this dangerous technology,” Phil Mayor, senior staff attorney at the ACLU of Michigan, said. “Police reliance on shoddy technology merely creates shoddy investigations. Under this settlement, the Detroit Police Department should transform from being a nationwide leader in wrongful arrests driven by facial recognition technology into being a leader in implementing meaningful guardrails to constrain and limit their use of the technology.”

    Nationwide, at least six people have reported being falsely arrested based on flawed facial recognition matches. All have been Black.

    Three of those cases were in Detroit.

    In February 2022, Porcha Woodruff was eight months pregnant when six cops arrested her at her home in Detroit based on a false facial recognition match. She spent 11 hours at the Detroit Detention Center and was charged with robbery and carjacking. A month later, the Wayne County Prosecutor’s Office dismissed the case.

    The technology also misidentified Michael Oliver in July 2019. Oliver was arrested and falsely accused of stealing a teacher’s cellphone and throwing it. He also filed a lawsuit against the city.

    “We hope this groundbreaking settlement will not only prevent future wrongful arrests of Black people in Detroit, but that it will serve as a model for other police departments that insist on using facial recognition technology,” Michael J. Steinberg, director of the Civil Rights Litigation Initiative at the University of Michigan Law School, said. “We are also thrilled that Mr. Williams, who has become a face of movement to stop the misuse of facial recognition, will receive some measure of relief.”

    In a statement to Metro Times, Detroit Police Chief James White said his department raised the standards for making an arrest based on facial recognition matches after Williams was misidentified. Under the newer policies, police can only use matches as a tip to further an investigation, and matches cannot be the sole basis for an arrest.

    But even under the new policies, police arrested the other two Detroiters who were later found to be victims of faulty matches.

    “The Department is pleased with its work with the ACLU and University of Michigan over the last year and a half and that our new facial recognition policy, we firmly believe will serve as a national best practice and model for other agencies using this technology,” White said. “While the work DPD and the ACLU may differ, our goals are similar — to ensure policing is done in a fair, equitable, and constitutional manner.”

    click to enlarge

    Steve Neavling

    Detroit’s Real Time Crime Center, where facial recognition software is used.

    Less than a year before Williams was arrested, Detroiters urged the city’s Board of Police Commissioners to ban the technology, saying it would lead to false arrests. But the commissioners and Mayor Mike Duggan stood behind the technology, saying it wouldn’t be abused.

    Detroit’s facial recognition software is especially pervasive because it’s used on an ever-expanding surveillance network of high-definition cameras under Duggan’s Project Green Light, a crime-fighting initiative that began in 2016 at gas stations and fast-food restaurants. Since then, the city has installed more than 500 surveillance cameras at parks, schools, low-income housing complexes, immigration centers, gas stations, churches, abortion clinics, hotels, health centers, apartments, and addiction treatment centers. The city also installed high-definition cameras at roughly 500 intersections at a time when other cities are scaling back surveillance because of privacy concerns.

    Williams said everyone should be worried about facial recognition.

    “The scariest part is that what happened to me could have happened to anyone,” Williams said. “But, at least with this settlement, it will be far less likely to happen again to another person in Detroit. With this painful chapter of our lives closing, my wife and I will continue raising awareness about the dangers of this technology.”

    The ACLU still supports a ban on the technology.

    “The multiple wrongful arrests by police in Detroit and other American cities show that face recognition technology is fundamentally dangerous in the hands of law enforcement,” said Nathan Freed Wessler, deputy director of the ACLU Speech, Privacy, and Technology Project. “The most effective way to avoid abuses is for lawmakers to ban police use of the technology, as city councils from Boston to Minneapolis to San Francisco have done. But in jurisdictions where lawmakers have yet to act, police departments should look to Detroit’s new policies, which will seriously mitigate the risk of further false arrests and related harms.”

    [ad_2]

    Steve Neavling

    Source link

  • Immigrant with disabilities repeatedly assaulted by deputies at Calhoun County jail, civil rights groups allege

    Immigrant with disabilities repeatedly assaulted by deputies at Calhoun County jail, civil rights groups allege

    [ad_1]

    Two civil rights groups are calling for an investigation into “alarming reports” about a 29-year-old immigrant with a disability who was allegedly assaulted repeatedly by deputies at a Calhoun County jail that has contracts to serve as an immigration detention facility.

    The Michigan Immigrant Rights Center (MIRC) and the American Civil Liberties Union of Michigan (ACLU MI) called on the probe in a letter to the U.S. Immigration and Customs Enforcement (ICE) and the Calhoun County Correctional Facility (CCCF).

    On three separate occasions in February, March, and April, deputies threw Luisa Martinez, a torture survivor with a physical disability and mental impairment, against a wall, yanked her arm, dragged her down a hallway, and used excessive force to transport her, causing her to cry out in pain, the letter alleges. She was also placed in solitary confinement, according to the letter.

    The reported behavior is “cruel and unacceptable,” the groups said, and violates federal civil rights laws protecting people with disabilities.

    “I felt beaten, abused, kidnapped, like I was in a world where I didn’t belong,” Martinez said in a statement Thursday. “Totally misunderstood, and unable to communicate because of the language, they put me in segregation [solitary confinement], and gave me food that I couldn’t eat because of my stomach problems. It was like living all over again when my ex-partner kidnapped me and locked me in a room and only fed me once a day. I was so frightened for my life, so afraid of what the guards would do. I was afraid of the noise of the door opening, because I didn’t know who would walk through or what they would do to me next. I didn’t know if I would leave the facility alive.”

    Martinez was held at the jail on behalf of ICE.

    As a result of previous trauma, Martinez has a visible limp because of a recurrent dislocation of the patella in both of her knees.

    She alleges that jail deputies physically abused her multiple times and withheld necessary accommodations such as a knee brace or wheelchair. The Federal Rehabilitation Act of 1973 requires authorities to provide reasonable accommodations, the civil rights groups said.

    After advocates got involved, Martinez was moved to another facility out of state.

    Both civil rights groups are worried that similar treatment of detainees will continue at the jail, pointing to “a pattern of concerns at CCCF.” In 2021, an immigrant detainee died while in custody at CCCF “due to the facility’s failure to provide adequate medical care,” according to the groups, which are requesting in-person visits in accordance with ICE’s National Detention Standards.

    “What happened to Luisa is abhorrent, but unfortunately, not an exception,” Mel Moeinvaziri, staff attorney at the Michigan Immigrant Rights Center, said in a statement. “ICE has failed time and time again to protect those in immigration detention from gross mistreatment, and particularly those with disabilities. The practice of immigration detention at Calhoun County Correctional Facility should be discontinued.”

    In the letter to ICE and CCCF, Moeinvaziri is demanding an immediate investigation. If abuse was found, Moeinvaziri called for the facility to “amend policies, improve training, and address these conditions to ensure that no individual within CCCF custody and control, regardless of ability, is ever treated this way.”

    “We demand an immediate and transparent investigation into this disturbing behavior – denying fully appropriate accommodations for persons with disabilities, limiting access to medically necessary services, mistaking insubordination/other behavior as purposeful and not as a result of disabilities, and using excessive force and solitary confinement as punishment instead of complying with federal law and agency guidance,” the letter states.

    Martinez said people should be treated with respect, regardless of where they are from.

    “We all are born the same, and die the same,” Martinez said. “It doesn’t matter where you are born, or your origin, we are all people. If this happened to you how would you feel?”

    [ad_2]

    Steve Neavling

    Source link