Interim Chief Davis Case Analysis

As now the assistant superintendant of police for administration, one of Linda’s roles was to manage the results of the recently released report, paid for by the Minority Police Officers Organization, on the diversity within the Everly Police Department which came back as quite damaging to the force. Linda was told that her job was to do the damage control for the results.

Facts: Gawley was a police officer who worked for Indiana University for several years. She sued the college because she noted sexual harassment by a higher-ranking officer than she was. She also sued because she felt she was part of a hostile work environment and that officers in her department retaliated against her for filing a complaint with the college. Her final argument was that there was spoliation of evidence. The district court found in favor of the employer. The case did not go to trial because the district court granted summary judgment. Summary judgment is used to avoid trials. The decision was made based on two key decisions made by the Supreme Court in other cases and that the university was able to establish an affirmative defense. The university “may assert an affirmative defense that examines the reasonableness of the employer’s and the target’s conduct” (Kaplin & Lee, 2014, p. 167). Gawley then appealed to the United State Court of Appeals, Seventh Circuit. This case brief will outline the question, holding, reasoning, and significance of this case as it was decided by the United States Court of Appeals, Seventh Circuit.

The brutality of the police force has been a long worldwide problem, but especially between the years of 2012-2016. Black people are being unjustly beaten and shot in plain sight for doing nothing while being unarmed. Journal of African American Studies “Blacks are viewed as deserving of harsh treatment in the criminal justice system” (482). “Black males with more “Afrocentric” features may receive longer sentences than blacks with less Afrocentric features like lighter skin and straighter hair”(482). Nowadays it is important to know about the police force. It’s important to know our rights as citizens and be careful around cops. Not everybody is good, but not everybody is bad also. In The New York Amsterdam News 21 people were killed by Chicago police in 2008. Entire families were being attacked. They believe it’s because of their skin color and how they are different. The year of racism started off with the world seeing the police murder of Oscar Grant. “The media have pushed people away from hearing the issue of police brutality, and it has fallen off of the radar screen.”(2) “You can’t give in. They will try to make an example out of you, try to break your spirit!”(2) African Americans say do not trust the cops with anything. “They will ruin you.”(2)

Anderson is a graduate of Peabody High School in Trenton, Tennessee, Belmont University (Bachelor of Science Degree), and the Nashville School of Law (Doctor of Jurisprudence Degree). He is a member of the Nashville and Tennessee Bar Associations and is licensed to practice law in the local, state and federal courts. Prior to joining the Metropolitan Nashville Police Department, he served in the United States Air Force and was employed by the White County, Tennessee Sheriff's Office.Chief Anderson is known to seek and carefully consider input from his staff before making decisions that impact the operations of the police department. He also empowers his deputy chiefs, precinct and component commanders to work with community leaders in the development and implementation of strategies specific to their particular areas (Nashville, n.d.).”

In the Campbell v. Jones and Derrick case, a constable (Campbell) sued the parents of two girls for their comments and how they suggested that she was a racist after she conducted a strip search on two 12-year-old girls after a small theft occurred at an inner-city school. The parents pointed out that both the officer and the constable were white, and that they devalued the two girls’ constitutional rights because of their skin colour and low social status. They also suggested that this never would have happened to white children.

Nestled on the Gulf Coast of Florida, Citrus County is home to hundreds of thousands of people, according to the latest data from the United States Census Bureau (source). Comprised of several small towns, Citrus County spans nearly six hundred square miles, consisting of an older, predominantly white population, based on reports from the Census Bureau (source). As the dominant law enforcement agency in the area, the Citrus County Sheriff’s Office (CCSO) works diligently to ensure public safety through patrolling and policing. According to latest employment report from the CCSO, the agency employs thousands of personnel, with only one hundred ninety-eight sworn patrol officers (source). The employment report from the CCSO also indicates the

A great deal of society views law enforcement officers as heroic and honorable individuals, whose main purpose is to protect and serve the community. For many officers, this description is accurate, however for others; violence and brutality against innocent citizens is part of getting the job done. For years, minorities have fallen victim to police brutality based on racial profiling, stereotypes and other

It was not fair of the Chief to release Dildine from duty with a lack of sufficient legal proof of his intent on being racist. In the book it says that there must be proper burden of proof and intent shown of unlawful discrimination. (Human Resource pg. 76) In this case the Police Chief said he released Dildine from his position because “any arrest could be challenged as racially motivated.” The head of the station had valid reasons for releasing him; however, Dildine did not do anything illegal. Under the EEOC, there is a strict nonretaliatory practice of employers punishing employees who exercise their legal rights (e.g. beliefs, freedom of speech). (Human Resource 76-77) Dildine’s actions were unethical and it definitely offended many people, but he did not cause harm to any of the protected groups. Therefore, without the proof of intent to be racist he has not displayed the illegal act of disparate

WAYNE COUNTY and Wayne County Sheriff's Department, Defendants–Appellants, Sergeant Kenneth Darwish, Corporal Nettie Jackson, Sheriff Warren C. Evans, and Deputy Reginald Johnson, Defendants. Docket No. 139505. -- July 29, 2011 http://caselaw.findlaw.com/mi-supreme-court/1576111.html This case started when the plaintiff Tara K. Hamed was arrested for child support in Michigan and was approached by defendant Reginald Johnson to give him sexual favors so she could have more priveledges jail. The plaintiff refused and then Mr. Johnson to her to an area where there were no surveillance cameras and sexually assaulted her. The plaintiff filed a case and Mr. Johnson was terminated. It was determined that the defendant created a hostile environment for Ms. Hamed. As the case went on the court found no evidence of her claims and dismissed her case. The plaintiff had to make an appeal because Mr. Johnson used his authority to perpetrate the harassment. The court ruled that Wayne county was not liable because Mr. Johnson acted on his own criminal behavior. They applied the Brown vs. Brown principle where the employer is not vicariously liable for the assault because the act was unforeseeable. And the fact that the defendant had no prior criminal background. They explained: [An employer] cannot reasonably anticipate that an employee's lewd, tasteless comments are an inevitable prelude to rape if those comments did not clearly and unmistakably

Jolee Berdnik, a police dispatcher, formerly with the Fontana Unified School District, alleges that she was fired from her position as a result of reporting an officer who was accused of sexual assault and rape of fellow dispatchers. After a month long trial, the jury verdict came back in her favor, awarding the wrongfully terminated police dispatcher over $315,000.

There was a suspect that witnessed and said “As I was watching Michael Brown go on the speed chase I saw Brown surrender and put his hands up, but the officer did not give a damn and shot him with no mercy.” Jake Halpern stated that the woman did not want to state her name but as he was getting evidence on what happened that day she was crying so much pain knowing what she saw, that it was no fair for anybody. The equality for people is way different, the LAPD would not give so much interest in A officer doing his work. Everything was from witnesses, no video clip was uploaded, as for officer Wilson he still states that he was doing his job and brown was not listening to directions so officers have the right to fire. The police officers have their own way to communicate with one another and you have to make sure that you listen to what they say or things will go wrong.

Along with this ruling, the Supreme Court appealed this case. It was believed that the plaintiffs in the case needed more proof. The court wanted the plaintiff to show more reasoning why that individual was denied a job based on race, creed, color, or other factors. The Supreme Court also wanted the employer to show the reasoning behind the testing or the requirements of the job. As a result, the case moved closer to disparate treatment. However, in these types of emotional cases proving the case can be tedious.

The Supreme Court ruled that the white Firefighters were unfairly denied the promotions because of their race and the Firefighters won the case. A case like this makes it very hard for employers to avoid possible disparate-impact discrimination claims. It is important to mention that an employer must verify its tests or any exams to identify whether there are any problem areas in terms of adverse impact on a particular race, ethnic group, or gender, and to prevent

Once in front of the white male judge, it took less than 2 minutes for the entire proceedings to occur. There was an obvious feeling of men against the female prosecutor, which in turn led to a change in statute of the defense lawyer. When she stood, she step slightly back, away from the desk, behind her accused. She appeared to diminish in front of my eyes. The prosecutor read the charge, and explained that the charge had been changed. At that moment, the judge looked up at the young man and lectured him on the dangers of driving. The lawyer stepped backwards a little more, as if she was fearful of the situation. This judge was discriminated against this young man because of his age and sex. As Pamela George states, “The disqualifications of racialized victims is systemic throughout the criminal justice system”(Chan & Dorothy, 2014, p.35), which further supported when the judge asked the prosecutor if they were sure they didn’t wanted to keep the original charge, and offered to make the correction. Further stating, “this would be a good lesson for the young man” (2014).

The governor mentioned his state county Sheriff David Clarke, who is a hit with the conservative party based on his comments on defending the police force and President Obama. "It's about making sure that law enforcement professionals, not only on the way into their positions but all the way through their time, have the proper training, particularly when it comes to the use of force," he continued. "And that we protect and stand up and support those men and women who are doing their jobs in law enforcement.” Hopefully this issue fueled by negative media reported by liberals and an administration led by Al Sharpton agenda of vilifying our local police regardless of the facts can become one of the issues Republican hopefuls look to address in an opportunity for positive change. It is time our good men and women who wear the uniform to protect our community daily doing a difficult and more than often-thankless work, its time to stop using police as a political punching bag like Democratic front-runner Hillary Clinton is doing just to score hate