Judge temporarily bans Detroit police from using batons, tear gas or rubber bullets against ‘peaceful protesters’

Judge temporarily bans Detroit police from using batons,
tear gas or rubber bullets against ‘peaceful protesters’ 1

DETROIT, MI– A federal judge has granted a temporary restraining order barring Detroit police officers from using several tactics and and equipment including batons, shields, less-than lethal munitions, and loud speakers against “peaceful” protestors for 14 days.

According to reports, the request came from a protest group called, “Detroit Will Breathe”. The group filed the lawsuit alleging that Detroit police officers have used “unnecessary, unreasonable, and excessive force and have violated members constitutional rights.”

Detroit Police Chief James Craig responded to the order by U.S. District Judge Laurie J. Michelson by saying his officers have only used force when protesters were not peaceful and that this ruling will not change how the department continues to handle demonstrations.

In response to the filed lawsuit, City attorney Lawrence Garcia said that he welcomed the suit because it will allow the City to file a counter-suit. Chief Craig said in a statement:

“We’re going to continue to do our jobs the way we’ve done it. We respect peaceful protesters. We understand the judge’s order and we’ll make sure the protesters understand if there’s any aggression or violation of law, they will get ample notice like we’ve done in the past.”

According to the response from Judge Michelson:

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“For a period of 14 days, to be extended upon showing of good cause, but not beyond 28 days absent consent by the City of Detroit, including the Detroit Police Department is enjoined from:

Using striking weapons (including, but not limited to, batons and shields), chemical agents (including, but not limited to tear gas and pepper spray), or rubber bullets against any individual peacefully engaging in protest or demonstrations who does not pose a physical threat to the safety of the public or police;

Deploying chemical agents or a sound cannon against persons peacefully engaging in protest or demonstrations without an audible warning and a reasonable amount of time to disperse;

Placing a carotid hold or ramming with a vehicle any individual attending a demonstration;

Tightening the zip ties or handcuffs placed on any individual to the point that the restraints cause physical injury, including loss of circulation or change in color and;

Arresting any demonstrators en masse without probable cause.”

The 12-page order also said:

“In the event that Plaintiffs seek relief for an alleged violation of this order, the City must respond to the motion for relief within 24 hours.”

Chief Craig responded by saying:

“The judge’s order is no different than what we’ve always done. Every time we’ve had to use less-than lethal force, it’s been to address violence by protesters, resisting arrest, or when they’ve tried to take over an intersection in violation of the law. Technically, nothing has changed.”

Judge Michelson also wrote in the order:

“The Court recognizes that police officers are often faced with dangerous and rapidly evolving situations while trying to enforce the law and maintain the safety of the public. It is important that police officers have non-lethal options to use to protect themselves and the public when necessary.”

Chief Craig responded:

“This just reinforces our policy. We don’t use force against peaceful protesters. In fact, we’ve allowed them to take over all lanes of streets, when technically, we didn’t have to do that because they didn’t have permits, but we want them to be able to express themselves, so we allowed it.”

Chief Craig referenced back to the lawsuit brought forth by “Detroit Will Breathe” as the group claims their suit focused in part on an August 22nd specific incident. Craig said that specific protest was not peaceful. He said:

“When they try to take over an area like they did in Seattle, that’s not going to happen.”

Craig reiterated that nothing in the order bars his officers from arresting protestors who do not comply with orders to disperse when they’re blocking intersections or from using force against those who resist arrest. He said:

“If someone is resisting arrest or trying to attack our officers, we will use the force that’s both reasonable and necessary to overcome the resistance. We don’t want the protesters injured and we don’t want officers injured either.”

Chief Craig also said that he has ordered each protest to be videotaped. He said:

“We’ve been doing that, long before this order. We want to document everything. When we give orders to disperse when people are blocking an intersection and they refuse repeated orders, we want all that documented when we make arrests.”

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Here is another article from Law Enforcement Today about police departments across the country facing bans on many of their tactics:

ST. PAUL, MN – In May after the death of George Floyd, both Minneapolis mayor Jacob Frey and Minnesota Gov. Tim Walz stood by while Minneapolis burned.

It was Frey who ordered Minneapolis police to abandon their 3rd Precinct headquarters building so that violent looters and rioters could burn it to the ground. Leadership. That is what men who are in charge show in times of crisis.

Unfortunately for Minneapolis residents, neither their mayor nor their governor show any leadership. Walz was, however, quick to sign on to the anti-police bandwagon, cementing that legacy on Thursday when he signed into law the Minnesota Police Accountability Act.

“Every single person, every single Minnesotan deserves to feel safe and protected in their communities,” Walz said during the signing ceremony Thursday morning. “This bipartisan piece of legislation moves us towards a critical step towards criminal justice reform.”

 ABC News reported that one of the facets of the bill bans so-called “warrior-style training,” which the Minnesota legislature defined as “training for peace officers that is intended to increase a peace officer’s likelihood or willingness to use deadly force in encounters with community members.”

The ban only applies to police agencies providing such training and does not prevent an officer from privately obtaining such training. However, any officer who did so would not receive education credits or tuition reimbursement from their agencies.

The law also prohibits police officers from performing chokeholds, “hog-tying” of arrestees, defined as tying “all of a person’s limbs together behind the person’s back to render the person immobile, or securing “a person in any way that results in transporting the person face-down in a vehicle.”

The police reform act was drafted by the People of Color and Indigenous Caucus and is designed to hold police officers “accountable for harmful acts perpetrated on members of the community in the line of duty,” according to WCCO.

Of course, not everyone was happy with the bill. The ACLU, which would probably prefer the outright abolition of police altogether, said the bill did not go far enough.

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“The reform and the legislation doesn’t go far enough to really end radicalized policing and over policing of black and brown communities,” said Mike Elliott, a board member of the ACLU and mayor of Brooklyn Center. “It does not include a special prosecutor to oversee these cases when police kill someone, and I think that is incredibly important to have.”

“Lawmakers need to sit down with community members and we need a real coming together this moment calls for the very best in all of us and we have to put aside our differences and we have to make right the whole entire world is watching us,” he said.

Walz agreed, saying that this isn’t the end of work that needs to be done. Some leaders in the community agreed, noting that they are looking to see open dialogue between lawmakers, law enforcement and the community to ensure the law protects all Minnesota residents.

“I do think it’s a Band-Aid over a bigger problem, but I hope in the long run that the community starts to feel like our chief is trying to reform the police department,” said Jamar Nelson, an activist with the group A Mother’s Love.

“The police department has to be reflective of the community it serves. I think this is a small step in the right direction, but I think there has to be ongoing communication with black and brown people in the community.”

Legislators made sure to point out that the reform law did not defund, dismantle, or otherwise impede the ability of police officers to do their job.

There was also a compromise over a proposal to force officers to reside in the city in which they work. Cities and counties could offer incentives, property tax breaks or fix-up loans to encourage officers to live in the communities they work in, however they will not be forced to do so. 

People in the police training community disagree with the proposal to outlaw the so-called “warrior” training, which is clearly a subjective statement. 

Kevin Dillon, a retired Wethersfield, CT lieutenant is one of the foremost police trainers in the country. Dillon is a 25-year veteran law enforcement officer who graduated from the FBI National Academy. His resume in the police training and defensive tactics field is second to none.

Dillon has been an instructor of SWAT and police fighting tactics since 1988, and developed a system called L.O.C.K.U.P. which helps officers use gross motor skill concepts to reduce injuries to citizens and police officers. This system is evidence based, has been court tested and is consistent with established practices and court decisions on police use of force. 

Dillon vehemently disagrees with utilization of “warrior” terminology and making the jump that such training leads to aggressiveness in law enforcement training. The so-called “warrior mindset” terminology is used when facing deadly force and allows both the officer and the arrestee the ability to survive the encounter. 

The warrior mindset is also what educates law enforcement officers that in cases such as mass shootings that you as police officer run toward the gunfire, not away as everyone else does. 

Dillon said:

“Law enforcement handles approximately 200 million calls for service a year, 63 million face-to-face contacts , 10 million arrests, with only 2,000 injuries. Less than 1,000 people are shot and killed by police out of those 200 million calls for service.” 

What legislators and police departments nationwide should be emphasizing is just the type of tactical training that is offered by people such as Kevin Dillon. Clearly, had officers in Minneapolis been afforded such training, the whole George Floyd thing would have likely been avoided. 

Instead of banning so-called “warrior” training, legislators should be embracing it. As Dillon’s program has proven, utilization of correct techniques has the ability to reduce officer injuries as well as those of citizens. 

As long as there are pandering politicians desperate for acceptance, however we will see more acts like this one, the one recently passed by the House in Connecticut and the one passed in the Commonwealth of Massachusetts. 

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