Hullabaloo

Monday, September 26, 2011

 

NYPD Pepper Spray procedure

by digby

James Fallows on the abusive cops spraying corralled protesters in the face with pepper spray:

[A]ccording to the NYT, the chief police spokesman, Paul Browne, said that the policeman used pepper spray "appropriately." Great. On the video we can't hear what either side is saying. But at face value, the casualness of the officer who saunters over, sprays right in the women's eyes, and then slinks away without a backward glance, as if he'd just put down an animal, does not match my sense of "appropriate" behavior by officers of the law in a free society.

Think about it: If this were part of some concerted, "appropriate" crowd-control plan, then presumably the pepper-spray officer would have talked with the other policemen trying to control the women. He would have stayed on the scene; he had done something dramatic to affect a situation, so -- again, if this were "appropriate" -- presumably he would have talked with the other officers about what to do next. But look at that video and see what seems "appropriate" to you.

Police officers make countless hard decisions every day, often at the risk of their own safety or lives. It's a harder job than I have. But everything about this scene suggests an officer who has forgotten about some of these hard choices. He just zaps 'em and walks away as they scream.

This is definitely not proper procedure and it isn't a close call. Here's an excerpt of an NYPD report on the use of pepper spray:

The spray is designed for use as less-than-lethal force, adequate for incapacitating dangerous or violently resisting suspects. Intended results of the use of pepper spray are inflammation and swelling of the mucous membranes of the eye, nose, and throat and involuntary closure of the eyes. Known side effects include coughing, gagging, and hyperventilation. The National Institute of Justice ranks the use of pepper spray “just above hands-on pain compliance and immediately below the use of impact weapons” on the use-of force continuum.

The NYPD’s Patrol Guide Procedure Number 212-95 governs the circumstances in which pepper spray can be used and the proper procedure for using the spray.

The purpose of Patrol Guide 212-95 is “to inform uniformed members of the service of circumstances under which pepper spray may be intentionally discharged and to record instances where pepper spray has been discharged, intentionally or accidentally.”

Patrol Guide 212-95 lists five situations in which an officer may use pepper spray. Pepper spray may be used when a police officer “reasonably believes” that it is necessary to: 1) protect himself, or another from unlawful use of force (e.g., assault); 2) effect an arrest, or establish physical control of a subject resisting arrest; 3) establish physical control of a subject attempting to flee from arrest or custody; 4) establish physical control of an emotionally disturbed person (EDP); and 5) control a dangerous animal by deterring an attack, to prevent injury to persons or animals present. The Patrol Guide states that officers should aim and discharge pepper spray into a subject’s eyes, nose, and/or mouth in two short one-second bursts at a minimum of three feet for maximum effectiveness.

The Patrol Guide prohibits the use of pepper spray against subjects who passively resist (e.g., going limp, offering no active physical resistance. It further cautions that if possible,pepper spray should not be used against persons who appear to be in frail health, young children, women believed to be pregnant, or persons with known respiratory conditions. In situations where pepper spray is used, the Patrol Guide stipulates several guidelines to ensure the safety of the subject. Officers are required to request the response of the EmergencyMedical Services (EMS) once the situation is under control. If tactically feasipble, according to the Patrol Guide, the subject should be removed from the contaminated area and exposed to freshair while awaiting the arrival of EMS or transportation to a hospital or station house. The PatrolGuide warns that the subject should be positioned on his/her side or in a sitting position to promote free breathing and that he/she should “never be maintained or transported in a face down position.”

Now look again at the video and tell me if that looks like procedure was followed:

Does it look like he felt threatened? Or that those women were resisting arrest or attempting to flee? No. They were corralled behind a net fence when he walked up and sprayed them and then he walked away. He obviously did simply to inflict pain. There is no other reasonable explanation.

I'm not surprised that the NYPD thinks this is appropriate. Most of the country seems to agree that police have the right to mete out physical punishment on the spot when citizens offend them. The cops are always right. Until it's you.

Update: Here's an excerpt from a first person account:

A new group of police officers arrives in white shirts, as opposed to dark blue. These guys are completely undiscerning in their aggression. If someone gets in their way, they shove them headfirst into the nearest parked car, at which point the officers are immediately surrounded by camera phones and shouts of “Shame! Shame!”

Up until this point, Frank and I have managed to stay ahead of the nets, but as we hit what I think is 12th Street, they’ve caught up. The blue-shirts aren’t being too forceful, so we manage to run free, but stay behind to see what happens. Then things go nuts.

The white-shirted cops are shouting at us to get off the street as they corral us onto the sidewalk. One African American man gets on the curb but refuses to be pushed up against the wall of the building; they throw him into the street, and five cops tackle him. As he’s being cuffed, a white kid with a video camera asks him “What’s your name?! What’s your name?!” One of the blue-shirted cops thinks he’s too close and gives him a little shove. A white-shirt sees this, grabs the kid and without hesitation billy-clubs him in the stomach.

t this point, the crowd of twenty or so caught in the orange fence is shouting “Shame! Shame! Who are you protecting?! YOU are the 99 percent! You’re fighting your own people!” A white-shirt, now known to be NYPD Deputy Inspector Anthony Bologna, comes from the left, walks straight up to the three young girls at the front of the crowd, and pepper-sprays them in the face for a few seconds, continuing as they scream “No! Why are you doing that?!” The rest of us in the crowd turn away to avoid the spray, but it’s unavoidable. My left eye burns and goes blind and tears start streaming down my face. Frank grabs my arm and shoves us through the small gap between the orange fence and the brick wall while everyone stares in shock and horror at the two girls on the ground and two more doubled over screaming as their eyes ooze. In the street I shout for water to rinse my eyes or give to the girls on the ground. But no one responds. One of the blue-shirts, tall and bald, stares in disbelief and says, “I can’t believe he just fuckin’ maced her.” And it becomes clear that the white-shirts are a different species. We need to get out of there.

I had heard the cops in white shirts were lieutenants and above, but I don't know if that's true.

Update II: Wow. It appears this officer has quite the ax to grind.

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digby 9/26/2011 04:30:00 PM |