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Advocates Frustrated by Democratic Leadership on Police Reform

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The General Assembly has made progress on police reform in Virginia, but for advocates and progressive legislators, passing reform of qualified immunity is an essential piece of the puzzle.

Virginia has made headlines in recent months for criminal justice reform measures but advocates say more needs to be done. They are disappointed that lawmakers in both chambers of the General Assembly recently killed proposals to reduce qualified immunity protections for police officers. 

State lawmakers so far this session have advanced bills to legalize marijuana, remove mandatory minimum sentences, and abolish the death penalty. During the special session called last year, the General Assembly banned police from using no-knock search warrants and chokeholds.

Qualified immunity shields government officials from civil liability while performing duties in their line of work, as long as their actions don’t violate “clearly established statutory or constitutional rights of which a reasonable person would have known,” according to a Congressional Research Service report. 

House Bill 2045, introduced by Del. Jeff Bourne, D-Richmond, would have given citizens the power to pursue damages in state civil lawsuits where their rights were violated by a law enforcement officer. The bill also placed a cap on an individual officer’s liability. Bourne’s proposal was tabled 6-2 in the House Courts of Justice subcommittee. 

Senate Bill 1440, sponsored by Sen. Scott Surovell, D-Fairfax, was a narrower proposal that provided a path for lawsuits when an officer used excessive or deadly force and neck restraints. The bill died in the Senate Judiciary Committee in a 9-5 vote.

Qualified immunity is a federal doctrine established by the Supreme Court in 1982. A state legislature can’t repeal qualified immunity, but proponents of ending the practice have asked local and state governments to create legislation allowing citizens more freedom in pursuing lawsuits against police misconduct. 

During a subcommittee hearing, Bourne questioned opponents of his bill who he said consider themselves to be proponents of constitutional rights and law and order.

“It seems when we’re talking about this, and when we’re talking about people getting hurt and their constitutional rights deprived by law enforcement officers,” Bourne said, “the story becomes different.”

A portrait of Marcus-David Peters sits at the base of the Robert E. Lee monument on June 20. Photo by Andrew Ringle

Princess Blanding is a gubernatorial candidate who has advocated for criminal justice reform since the death of her brother, Marcus-David Peters. Peters was naked and unarmed when he was shot by a police officer on the side of a highway. Peters charged at the police officer who deployed his Taser and then shot Peters at least twice. Peters was experiencing a mental health crisis, according to his family. 

Blanding said eliminating qualified immunity is a necessary step to end discrimination and achieve racial justice in the commonwealth. 

“It’s like no matter what we do to prep our kids, our loved ones, it is still going to be our fate because of the pigmentation of our skin, coupled with the fact that there is no accountability,” Blanding said. “To me, that’s the harsh reality.” 

Kalia Harris, co-host of the show Race Capitol and co-executive director of the Virginia Student Power Network, or VSPN, said she was “extremely disappointed” when a judge dismissed her organization’s lawsuit against local government and local and state police. VSPN said city leaders and law enforcement violated the group’s right to free speech, assembly, and protest. Last June, VSPN students hosted an overnight teach-in outside Richmond City Hall. After several hours, the Richmond Police Department declared the event an unlawful assembly and discharged teargas and rubber bullets at the protesters.

“That night is still on replay in my head,” Harris said during the House subcommittee meeting. “Words can’t explain the trauma that we experienced.”

Blanding said it’s difficult for victims of police brutality to get lawyers to take on a qualified immunity case due to the power of police unions and the relationship of prosecutors to officers.

Blanding also said if the number of positive interactions the public has with officers outweighs the instances of police misconduct, the few suits alleging misconduct should not have an issue proceeding to court. It is important to recognize that police misconduct causes irrefutable damage and changes families lives’ forever, Blanding said.

“What we have to understand is that, when you take somebody’s life, you can’t take out the magic eraser, and erase it and try it again,” Blanding said. “You cannot press restart.” 

Princess Blanding, sister of Marcus-David Peters, speaks to protesters outside the Stuart C. Siegel Center on the first day of the 2020 General Assembly special session. Photo by Andrew Ringle

Harris said the ability to sue law enforcement agents for misconduct was the “bare minimum” of a judicial system that works for everyone.

“It doesn’t mean that they’re going to all be convicted,” she said. “It does mean that folks are able to see their day in court.” 

Police officers do not qualify for qualified immunity if they cannot demonstrate the actions that they took were reasonable, said Wayne Huggins, the executive director of the Virginia State Police Association. He said officers must prove they upheld the U.S. Constitution, the laws of the commonwealth and the policies of their individual department. 

“The word that needs to be focused upon and understood is qualified,” Huggins said. “We have to qualify for that immunity.”

Officers can be denied qualified immunity if the Supreme Court or local federal appeals court finds another officer’s conduct under the same circumstances is illegal or unconstitutional, according to the Institute for Justice. The officer automatically qualifies for immunity if a case with the same circumstances does not exist. 

Harris and Blanding said they hope to see legislation reducing qualified immunity protections introduced again. This is the second time that Bourne’s qualified immunity measure failed. 

Harris said the “Democratic trifecta” means very little to her if Democrats don’t use their majority to pass progressive legislation that voters support. All 100 of Virginia’s House of Delegate seats are up for reelection in 2021. Harris said legislators unwilling to pass comprehensive police reform will face progressive challengers this June. 

“If they’re not passing meaningful legislation, then we have to really push what it means to be blue, and start to think further outside of the box,” Harris said. 

Written by Josephine Walker, Capital News Service. Top Image: “Prison Bars Jail Cell” by JobsForFelonsHub, CC BY 2.0.

The Great Gatsby

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Activist, rapper, mustache-haver — Goad Gatsby is a lot of things. At the end of the day, he just wants to make the world a better, more chill place — and maybe inspire others while he’s at it.

When Kristopher Goad’s friends wanted to get him signed up for Facebook in the mid-2000s, none of them knew his full name. He was known only by his last name within the group, so they signed him up using the name Goad Gatsby.

“And then everybody just decided that my name was Goad Gatsby at that point,” said Goad.

Since then, he has become well-known within Richmond not only as a hip-hop performer with a highly recognizable “disco mustache,” but also as a longtime adversary of the Virginia Flaggers and their public displays of the Confederate battle flag on Arthur Ashe Boulevard. More recently, he’s also gotten some attention as a documenter of the protests in Richmond this summer and the police’s response.

In 2015, Goad was featured in a documentary series by The Atlantic called Battle Flag, about people’s opinions of the modern use of the Confederate flag.

At that point, Goad had been blasting hip hop music next to the Flaggers while they stood in front of the Virginia Museum of Fine Arts on weekends for about a year, and was the subject of a considerable amount of vitriol from the group.

“They thought I was a carpetbagger until they found out that I really was just a scalawag,” said Goad.

The Flaggers began to lose momentum in 2015, when they stopped announcing their appearance schedule publicly after two members were arrested on kidnapping charges. Carlos Lesters and Megan Everett of Florida kidnapped Everett’s two-year-old daughter in 2014 in order to prevent the child’s father from vaccinating her or enrolling her in public school.

These days, the Flaggers make it out to Arthur Ashe every once in a while, much less often than their onetime near-weekly basis. But there’s a whole new right-wing movement in Richmond now. Based on his knowledge of who the Flaggers were and who is affilliated with the Trump Train vehicular caravan that rolled through the city in October, Goad doesn’t believe there’s much overlap between the two groups.

Beginning when protests began in the streets of Richmond in late May over the killing of George Floyd and the ongoing issue of police violence, Goad was on the front lines. He did his best to document the response from the police and the city government, as he saw it, on social media. This brought him a whole new wave of attention, for better and for worse.

Goad was arrested several times during the summer, including once in September when he was charged with obstructing the free passage of others. At the time of the arrest, the police alleged the incident he was being charged for happened two weeks earlier during a demonstration in front of the Richmond jail, in which 11 people were arrested. Goad says he wasn’t even there at the jail on that day.

When he was arrested, he was taken to the Third Precinct Police Station, where they took his phone while he was attempting to get in contact with his lawyer. Goad never saw a warrant for his arrest; instead, a city attorney informed his lawyer that the warrant was sealed. He never got his phone back.

Since then, he has kept a lower profile, and the protests have declined. However, he is still keeping tabs on right-wing activity in the city. When he considers the ongoing unrest that occurred across Richmond throughout the summer, it’s his impression that the city created a self-perpetuating cycle of violence by retaliating against protesters instead of addressing the problems that inspired the protests. This, in turn, created more problems and further fueled the unrest.

Photo via Goad Gatsby/Twitter

One issue he sees as important to the way everything played out is the fact that police were brought in from precincts across the city, as well as other localities, as reinforcements during protests. Many of those that operated in this capacity had prior reputations for aggressive behavior.

“People were telling me about some of these officers’ past interactions, and it seemed like they were getting some of the worst officers to deal with protesters,” Goad said. “Instead of getting police that are experts in de-escalation, they were getting experts in doing no-knock raids in the projects.”

Goad believes the police have a particular inclination to go after journalists and people who film protests. That’s because the more specific information gets out, the harder it is for police and city officials to justify their actions.

“If somebody is saying ‘The police are bad because they’re doing something I don’t like,’ that’s something they can just brush off. But if somebody’s being like ‘The police fired less-lethal rounds at people before there was any type of confrontation, here is some footage to go along with that,’ then the police go ‘Oh no, this isn’t good. They’re building a case against us in the court of public opinion,’” said Goad. “I wish I could build a case against Richmond police in City Hall, or the court of law, but unfortunately I don’t have that ability.”

For now, he’s sticking with the internet, where he continues to fight misinformation and lack of knowledge. He believes that making people aware of what’s really going on is the best way to convince them to take action.

“A lot of people are either willing to help but don’t know what to do, or they’ve never seen the type of information that would make them act,” said Goad.

Top Photo via Goad Gatsby/Twitter

Opinion: Why is the RPD at War with Richmond?

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At a time when Confederate monuments around the city are coming down, VCU Anthropology professor Amy Rector and Landon Shroder ask why the Richmond Police Department are behaving like an occupying army.

Monuments glorifying colonizers and treasonous men who fought for slavery are coming down all over Richmond — the former Capital of the Confederacy. The Governor promised he would take down Robert E. Lee, while the Mayor promised he would take down the rest. The actual removal process has also received a little help from those on the street.

Yet over the past few days the Richmond Police Department (RPD) HQ on Grace St. has erected new monuments — ones that are uniquely befitting an organization which believes they are at war. The new interim Chief, William “Jody” Blackwell, confirmed this at his presser yesterday when he said the RPD is going to “take our city back… and we’re going to get the city back.”

The huge concrete barriers filled with gravel and dirt earthworks provides an impenetrable wall which cuts Grace Street in half, effectively shutting down a major thoroughfare in the city. Looked at another way: it is a militarized position, organized to provide space for the RPD to defend their area of responsibility since they clearly believe they are under siege. The barriers are not just physically imposing however, they are also intended to send a message to the same community they are sworn to protect. 

This photo was taken by Landon Shroder

Humans have been putting up monuments for 8,000 years for this very reason, to psychologically oppress their foes and to remind the lowest status individuals of their place in society. 

With the fortification of the RPD, the police aren’t just waging warfare with protestors who arrive unarmed seeking to voice a desperate need for change in our system, they are also waging psychological warfare against an entire city. They are signaling that they are bigger, stronger, and can impose their will upon a city that is demanding reform, accountability, and oversight of a police culture that has seemingly gone rogue.

Far from making them look strong, the fortifications at the RPD have instead made them look weak and ineffectual — incapable of exercising authority from a place other than violence.

It is the same idea that raised the statue of Confederate General Robert E. Lee six stories high in 1890, when Monument Avenue was only a tobacco field. The Lee Monument Association wanted their Lost Cause fiction to be bigger and stronger, using the same tactics of psychological warfare the RPD is using today in Richmond. Nothing has really changed in the past 130 years.

Three weeks ago, after the murder of George Floyd, the racist vein that runs so deeply in all facets of American society was laid murderously bare. So much so it could no longer be ignored, and inch by inch Americans have brought to the surface a reckoning that has been simmering for 400 years. Nowhere is this more relevant than the conversation surrounding the culture of policing, which is outdated at best and villainous at worst. 

This photo was taken by Nils Westergard

Recovering our safety from a “law and order” mindset that disproportionately kills our Black community members, while also reclaiming public space from narratives of oppression, is part of a drive towards truth and, perhaps one day, reconciliation — something that is centuries overdue in America.   

Unfortunately, our city’s institutions have been silent to this reality. The resignation of Chief Will Smith — who proved to be entirely unequipped to lead a city seeking meaningful reforms, account for his officers, or engage positively with peaceful protestors — has done nothing to confront the underlying reality that the lives of our Black community members are disproportionately at risk from interactions with the police.

When those fighting for justice and a more equitable future are chanting “Whose streets? Our streets” and are met with only platitudes from the Mayor and concrete barriers from the RPD, then there can be no “community engagement,” as Mayor Levar Stoney called for at his presser on Tuesday.

This photo was taken by Brian Palmer

This is now evident from the monuments the RPD has erected in their own image. Juxtapose this against the backdrop of a truly transformational moment of trust-building, healing, and reconciliation happening only a few blocks away at the monument to Robert E. Lee. 

For three weeks this Confederate statue and monument to white supremacy has become a living piece of art, a place of pilgrimage, and a reclaimed space for all those in Richmond who were excluded from public life. Black citizens who have lived in Virginia their entire lives are now visiting the statue for the first time, standing on its steps, and taking photos with their fists in the air to commemorate this moment in our shared history.

And for the first time in this statue’s history, it truly means something to everyone. There is a deeper meaning in this than there ever was for a six-story tall racist statue dominating the city’s skyline. 

Yet across town, the RPD has put up its own monument to militarization, just like this city’s forebears, who were looking to signal, intimidate, and suppress a portion of their population. When the interim chief uses the phrase “take this city back” how else are we supposed to interpret this? Especially when egregious police violence has been the default setting of the RPD these last few weeks.

But there is another way: the RPD could take note of what is happening at Robert E. Lee and work towards meaningful de-escalation, starting with removing their fortifications and not treating the city like they are an invading army and its citizens the enemy. 

The path is clear. It is time for the RPD, like other police forces nationally, to accept that reforms are coming one way or another. Taking down monuments and barriers will not arrest the killers of Breonna Taylor or ease the fears of Black mothers when their children leave the house. But it might lead us in a new direction: towards the reality that our city really does belong to all people. There is no place in Richmond for police barricades or shrines to white supremacy — especially since the distance between those two is one of the shortest distances in American history. 

This piece was co-authored by Amy Rector, Associate Professor of Anthropology at VCU and Landon Shroder, a communications and foreign policy professional specializing in the Middle East.