Sen. Cory Booker: Qualified immunity needs to be changed

Sen. Cory Booker (R-N.J.) on Sunday said lawmakers are “making meaningful progress” in police reform negotiations, adding that he remains focused on eliminating qualified immunity.

Democratic Sen. Cory Booker says qualified immunity needs to be changed "at some point" when discussing police reform negotiations and adds that it's a point that's getting pushback from the other side. "We're working very hard to see if we can bridge this wide gulf." #CNNSOTU pic.twitter.com/prqCXSCDsf

— State of the Union (@CNNSotu) May 23, 2021

Attorney General Ellison’s office to lead prosecution in death of Daunte Wright

Minnesota Attorney General Keith Ellison announced that he has accepted a request to lead the prosecution against former Brooklyn Center police officer Kim Potter, who is currently charged with second-degree manslaughter in the April 11, 2021 Brooklyn Center death of Daunte Wright. The request comes from Hennepin County Attorney Mike Freeman after the Washington County Attorney’s Office, who charged Ms. Potter, returned the case to the Hennepin County Attorney’s Office.

Assistant Attorney General Matthew Frank, who is the manager of the Criminal Division of the Attorney General’s Office and was a presenting attorney in the trial of Derek Chauvin for the death of George Floyd, will supervise the case. The Hennepin County Attorney’s Office will provide staff to the Attorney General’s prosecution team. Attorney General Ellison, who led the prosecution of Mr. Chauvin, will actively assist. The first step, reviewing the evidence and charges laid against Ms. Potter, is already underway.

Attorney General Ellison released the following statement:

Daunte Wright was a son, a brother, a father, a friend. When he died, he was only 20 years old. He had his whole life ahead of him.

Daunte Wright’s death was a tragedy. He should not have died on the day that he did. He should not have died the way that he did. His parents, brothers, sisters, and friends must now live the rest of their lives without him. His son, only two years old, will grow up without his father. I have privately expressed my condolences and sorrow to the family and expect to work with them closely throughout the proceedings.

The community of Brooklyn Center and people across Minnesota also continue to grieve Daunte’s death. I join them in that grieving. His death is a loss to all of us.

I did not seek this prosecution and do not accept it lightly. I have had, and continue to have, confidence in how both County Attorney Orput and County Attorney Freeman have handled this case to date. I thank County Attorney Orput for the solid work he and his office have done, and I thank County Attorney Freeman once again for his confidence in my office. I appreciate their partnership as my office takes the lead on this case.

Prosecutors are ministers of justice. This means we must and will follow justice wherever it leads. I promise the Wright family and all Minnesotans that I will handle this prosecution responsibly and consistent with the law, and that I will be guided by the values of accountability and transparency.

No one, however, should expect this case will be easy to prosecute. History shows that this case, like all cases of officer-involved deaths by deadly force, will be difficult.

We are not destined to repeat history. Once again, we in Minnesota find ourselves at a moment where a deadly-force encounter with police has galvanized our grief and focused our attention. If prosecutors ensure that prosecutions are vigorous and swift, if legislators at every level pass long-overdue reforms, if police leadership demonstrates misconduct has no place in the profession, and if community continues to keep up the cry for justice, we will break the cycle of history and establish a new standard for justice.

NINA E. KING NAMED DUKE UNIVERSITY'S DIRECTOR OF ATHLETICS

Nina E. King will be the next Vice President and Director of Athletics at Duke University, President Vincent E. Price announced Wednesday. King is currently Duke’s senior deputy director of athletics for administration and legal affairs and chief of staff. She will succeed Kevin M. White, who is retiring after 13 years in the post, on September 1.

“I am thrilled that Nina will be our Vice President and Director of Athletics,” said Price. “In her time at Duke, Nina has demonstrated extraordinary leadership, earning the esteem of our coaches, student-athletes, athletics staff and colleagues in athletics departments across the country. Nina is recognized as a committed advocate for inclusive excellence in collegiate athletics, and she has represented Duke on committees of the NCAA, ACC and many other national organizations. I can imagine no better person to carry on Kevin White’s exceptional record at Duke.”

“First, I am extremely grateful to President Price for providing me with this incredible opportunity to lead the very best athletics department in the country,” said King. “Additionally, I’d like to express my sincere appreciation to Rick Wagoner, Valerie Ashby and the search committee for their belief in me and generous support. I am deeply committed to continuing the strong tradition of academic and athletic excellence at our world-class institution. My priority will be to ensure that the experience is truly elite for our student-athletes, coaches, staff and the entire Duke family. This is a tremendous honor, and I look forward to ushering Duke Athletics into the next chapter.”

King was selected for the position following a national search that was led by G. Richard Wagoner, former chair of the Duke Board of Trustees, and a committee that included Duke trustees, administrators, faculty and current and former student-athletes.

“We set out on a national search to find the best possible leader, someone with the experience, intellect and vision to meet the challenges of the future and a sharp understanding of our commitment to excellence in academics and competition,” said Wagoner. “The committee was enthusiastic about Nina’s candidacy, and I could not be more excited to see her at the helm of Duke Athletics.”

Among Power 5 institutions, King joins Vanderbilt’s Candice Storey Lee and Virginia’s Carla Williams as Black female directors of athletics. She is the first woman to hold the position at Duke.

“I am excited to work with Nina in this new role,” added Valerie Ashby, Dean of Duke’s Trinity College of Arts and Sciences, who served as vice chair of the search committee. “Her commitment to the academic and life success of our student-athletes is inspiring. She is a teacher and a mentor who will only advance Duke’s culture of intellectual rigor and integrity.”

In 13 years on Duke’s staff, King has served as the chief operating officer for Duke Athletics, with direct responsibility for human resources, Recreation and Physical Education, legal and regulatory affairs, as well as strategic planning and special projects. She also oversees Duke’s women’s basketball and football programs.

In addition, King co-teaches a sports business course in Duke’s Fuqua School of Business as part of Duke’s MBA program alongside Dr. White. She also championed the creation and launch of the Rubenstein-Bing ACE program, a collaboration between Stanford and Duke for global civic engagement for student-athletes from both athletics departments.

In February of 2018, King was named to Sports Business Journal’s Forty Under 40 Class of 2018. The annual list honors 40 executives for excellence and innovation in their respective careers, all before the age of 40. Later that year, she was tapped to the Leaders Under 40 Class of 2018, honoring sports business executives from around the world. In 2019, Sports Business Journal named King among the leading power players in college sports, while Adidas selected her to the “Next Up” class in 2016, which recognized senior-level administrators ready to take the next step as athletic directors.

King has one year remaining as a member of the NCAA Division I Women’s Basketball Committee, after serving as Chair in 2020-21. The 10-person group’s charge, among many duties, is the selection, seeding, and bracketing for the annual NCAA Women’s Basketball Championship. King also serves on several ACC and Duke University committees and was previously a member of the NCAA Committee on Institutional Performance.

King received her bachelor’s degree in accountancy from the University of Notre Dame where she participated as a student manager and eventually as the head manager for the women's swimming and diving program, and her juris doctor degree from Tulane Law School. She served internships in the Notre Dame Athletics Department, NCAA and Nike, Inc.

Prior to joining Duke University, King served as the Director of Rules Education in the Notre Dame Athletics Department from 2005-08.

She is a member of Women Leaders in College Sports, Sports Lawyers Association, University of Notre Dame National Monogram Club and the Florida Bar Association. Additionally, King serves on the Arizona State University College of Law Sports Law and Business Program Advisory Board as well as the Durham Academy Board of Trustees.

King and her husband, Rick, are the parents of Connor Stephan and Austin Casey.

A Statement from the National Association of Black Journalist Board on Mayor Lightfoot’s Message to the Media

The National Association of Black Journalist released the following statement on Chicago Mayor Lori Lightfoot's decision to only grant interviews to journalists of color for her two-year anniversary as Mayor of Chicago:

The recent comments issued by Chicago Mayor Lori Lightfoot to explain her decision to only do one-on-one interviews with Black and Brown reporters on the two-year anniversary of her inauguration is a bold move. It appears to serve to underscore her desire to draw attention to the racial disparities in local newsrooms and political coverage. The mayor notes that she is disturbed about the overwhelming white Chicago press corps covering city hall. While her social media posts and subsequent letter have been eyebrow-raising to some, it shines a needed spotlight on the call for a greater commitment to diversity, equity and inclusion across the media industry.

Although we cannot support the tactic, we applaud the mayor’s sensitivity to the lack of diversity among the people who cover city government. Historically, America’s elite political units have been led by predominantly white reporters and managers. Too often Black journalists are not given the opportunity to join political teams.

While the mayor has every right to decide how her press efforts will be handled on her anniversary, we must state again, for the record, that NABJ’s history of advocacy does not support excluding any bona fide journalists from one-on-one interviews with newsmakers, even if it is for one day and in support of activism. We have members from all races and backgrounds and diversity, equity and inclusion must be universal. However, the mayor is right in pointing to the fact that Black and Brown journalists have been quietly excluded from a number of access points over the years. We know first hand it is painful and unhealthy for our communities.

NABJ is also gravely concerned to see that a city with such a diverse population has no fair representation of communities of color in its local press corps.

This local issue is reflective of what is happening around the country and we continue to work to change the status quo. We have been successful in a number of areas to dramatically improve access and promotions for Black journalists, especially during the awakening and racial reckoning stemming from George Floyd’s death.

The mayor’s deputy communications director stated on Twitter, “Chicago’s Mayor picked one day out of 365 to exclusively provide one-on-one interviews with journalists of color ahead of her two-year anniversary. That shouldn’t be controversial. The lack of diversity in the media is.”

We call on all media outlets to further improve Black and Brown representation within their newsrooms now. There should be no further delay in making swift and effective changes.

NY Attorney General Letitia James Announces Robust Reforms to Police Use of Force Laws

New York Attorney General Letitia James today announced legislation to change New York state's laws governing police violence to strengthen prosecutors’ ability to hold police officers accountable for unjustified and excessive use of force. The Police Accountability Act — the most far-reaching use of force reform in the nation — seeks to amend New York’s law that justifies police use of force, which currently sets an exceedingly high standard for prosecuting police officers who have improperly used deadly or excessive force. The centerpiece of the legislation seeks to amend the use of force law from one of simple necessity to one of absolute last resort, mandating that police officers only use force after all other alternatives have been exhausted. The legislation will also establish new criminal penalties for police officers who employ force that is grossly in excess of what is warranted in an interaction with civilians.

“For far too long, police officers in this country have been able to evade accountability for the unjustified use of excessive and lethal force,” said Attorney General James. “In New York, our laws have essentially given police blanket defense to use force in interactions with the public, making it exceedingly difficult for prosecutors to go after officers who have abused this power. Not only is that gravely unjust, but it has also proven to be incredibly dangerous. The Police Accountability Act will make critical and necessary changes to the law, providing clear and legitimate standards for when the use of force is acceptable and enacting real consequences for when an officer crosses that line. While this is an important step in addressing the shortfalls of our criminal justice system, it is not a cure all for the ills that have impacted too many families and claimed too many lives. We must continue to do everything in our power to protect our communities and ensure that no one is beyond the reach of justice.”

Overview of the Police Accountability Act

The Police Accountability Act (S.6615) includes a series of reforms aimed at improving protocols and strengthening accountability measures when police officers use force, especially lethal force. These legislative reforms are intended to reduce deaths at the hands of police by ensuring that police officers adhere to practices and tactics that aim to preserve life and only use lethal force as a last resort, while providing prosecutors with appropriate tools to potentially hold officers accountable when an individual dies after an interaction with police.

1) Use of Force Must Be A Last Resort

Current law: New York’s current law does not require officers to exhaust other options, such as de-escalation, verbal warnings, or lower level uses of force, before using force, including lethal force.

Police Accountability Act reform: The Police Accountability Act seeks to amend this law by establishing a “last resort” standard, whereby use of force must be a last resort that officers can only employ when there are no reasonable alternatives to avoiding force or reducing the force used. Officers must instead exhaust alternatives, including de-escalation, lower levels of force, verbal warnings, and other methods.

2) Simple Suspicion of Criminal Conduct Cannot Justify Lethal Force

Current law: New York’s current use of force law authorizes police to use lethal force based simply on an officer’s reasonable belief that an individual committed a particular crime — a certain category of felony or attempt to commit a felony — and irrespective of whether the individual presents a danger to the officer or another person at the time.

Police Accountability Act reform: The Police Accountability Act seeks to eliminate justification for lethal force when an officer simply suspects an individual has engaged in particular criminal conduct. Lethal force should only be used in the most exigent of circumstances and demands higher standards of proof before an officer may use lethal force.

3) Allow Prosecutors to Evaluate if Police Conduct Led to Need for Use of Force

Current law: New York’s current law justifying police use of force does not provide a mechanism for prosecutors to consider an officer’s own responsibility for creating the need for force in the first place.

Police Accountability Act reform: The Police Accountability Act seeks to explicitly allow prosecutors to consider whether an officer’s conduct created a substantial and unjustifiable risk that force would become necessary. Where that is the case, an officer may not avail themselves of the justification defense.

) Establish Standards and Criminal Penalties to Prevent Excessive Use of Police Force

The Police Accountability Act — sponsored by State Senator Kevin Parker in the Senate and to be sponsored by Assemblymember N. Nick Perry in the Assembly — seeks to establish criminal penalties for police officers who employ force that is grossly in excess of what is warranted under the circumstances and where that force causes physical injury or death. The level of charge would depend on the severity of the injuries caused.

“Our legal system makes it far too difficult to achieve fairness where police violence is concerned,” said Senate Deputy Leader Michael Gianaris. “This legislative proposal will provide the tools necessary to hold wrongdoers accountable and move us closer to justice. I thank Attorney General James for her efforts on this important issue and look forward to working with her to get it done.”

“Currently, the ‘excessive use of force’ is a term of poetry in the state of New York. This important legislation corrects that and defines it in the law,” said State Senator Kevin Parker. “This creates a reasonable expectation for law enforcement as well as the people of our great state. Thank you to the attorney general for your leadership on this important issue.”

“The use of excessive force by police officers has not only taken loved ones and family members, but is also a continuous scourge for our communities,” said State Senator Jamaal Bailey. “The Police Accountability Act will make it clearly understood that the state of New York will not tolerate individuals in law enforcement who deviate from the mission of protecting and serving and instead attempt to incorrectly take justice into their own hands. To minimize the occurrences of unjustified uses of force, accountability and consequences are necessary. Establishing explicit standards and expectations for officers, coupled with criminal penalties, will create a system where justice is equitable and responsibility can be had. Techniques such as de-escalation are proven to work and should be emphasized as being necessary and commonly used tools, and in many occurrences can be substituted for the use of force. The Police Accountability Act is a landmark set of reforms that will work to answer the shortcomings in our current criminal justice system and work to protect many communities. I would like to thank New York Attorney General Letitia James for her dedication and continuous work of ensuring that justice is fair and even-handed for all New Yorkers.”

“Today, we answer the call of the people of New York state who have spoken up loudly and clearly,” said Assemblymember Nick Perry. “I am proud to sponsor the Police Accountability Act in the New York Assembly to reform police use of force laws in New York state. I do so on behalf of all those men and women who were taken from their families and loved ones far too soon because police used unjustified and excessive force. The shoot first mentality must end, whether you are wearing a badge or not. This act will save lives, and make the use of deadly force, an absolute last resort.”

“Misconduct and abuse of power has become culturally engrained within our police forces, and we must work together to bring it to an end,” said Assemblymember Catalina Cruz. “The unjustified and excessive use of force, as well as the lack of accountability, are destroying the relationship between the police and the communities they have been tasked to serve. These critical initiatives will begin to change that. I want to thank the attorney general for her bold and forward-facing leadership, and I am proud to stand in support and as an ally in the fight to strengthen and protect our communities.”

“There is no question that our criminal justice system is in need of drastic reform,” said Gwen Carr, mother of Eric Garner. “For far too long, police officers have gotten away with putting people’s lives in danger without facing consequence of any kind. Not only is that unjust, but it’s deeply painful for those of us who have lost family members to police violence. I commend Attorney General James for taking this bold and necessary action to reform New York’s laws and ensure that we have more tools available to hold officers accountable who use unnecessary deadly force.”