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Eric Garner and the Legal Rules That Enable Police Violence
Key Excerpts from Article on Website of New York Times
Posted: December 7th, 2014
http://www.nytimes.com/2014/12/06/opinion/eric-garner-and-th...
Eric Garner was not the first American to be choked by the police, and he will not be the last, thanks to legal rules that prevent victims of police violence from asking federal courts to help stop deadly practices. The 1983 case City of Los Angeles v. Lyons vividly illustrates the problem. That case also involved an African-American man choked by the police without provocation. Unlike Mr. Garner, Adolph Lyons survived. He then filed a federal lawsuit, asking the city to compensate him for his injuries. He also asked the court to prevent the Los Angeles Police Department from using chokeholds in the future. The trial court ordered the L.A.P.D. to stop using chokeholds. The Supreme Court overturned this order. The court explained that Mr. Lyons would have needed to prove that he personally was likely to be choked again in order for his lawsuit to be a vehicle for systemic reform. This is the legal standard when a plaintiff asks a federal court for an injunction or a forward-looking legal order. When the stakes are this deadly, federal courts should step in. If police departments still failed to comply, federal judges could impose penalties. How do we know? Consider school segregation. Local officials had promised change but failed to ensure it. It took decades of close supervision by federal courts to make a dent in the problem. As the courts started to leave this field in more recent years, de facto segregation returned.
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