Making Noise & Making News: June 2023

Our community organizing, legal work, and strategic communications have contributed to exciting developments in the last few months for many of the issues we work on at the Abolitionist Law Center. Check out our June 2023 update for a sampling of the latest highlights.


RECORD-BREAKING SETTLEMENT IN PHILLY POLICE VIOLENCE SUIT

In March, with our co-counsels the Legal Defense Fund and the law firm of Kairys, Rudovsky, Messing, Feinberg & Lin LLP, we announced a record-breaking $9.25 million settlement for a large group of clients (represented in several cases, including ours) who were brutally attacked by Philly cops during peaceful demonstrations following George Floyd’s murder in 2020.

The city also must pay an additional $500,000 to a fund that will provide both counseling to targets of police violence and also community-led programming in the aftermath of police violence and misconduct.

Additionally, Philadelphia must disengage from the federal program which arms state and local law enforcement with military weapons and equipment, and meet every six months with the West Philadelphia community to present data around the police department’s use of force and to respond to questions and comments from residents.

ALC staff attorney Nia Holston noted, “This landmark settlement provides a singular opportunity for the City to reflect upon the harm it enacted on its residents on that day, harm that echoed Philadelphia’s own history of racism and discriminatory infliction of violence. It is only through the work of the community and the movements that have pushed this city to do better, that we progress to a more just Philadelphia for all who inhabit it. The settlement not only compensates those who were targeted, but provides further opportunity to residents to heal and to continue their work.”

Get more details, plus press coverage and video of the press conference announcing the settlement.


ENDING PROBATION-RELATED DETENTION

ALC and Civil Rights Corps attorneys outside federal courthouse in Pittsburgh

Our staff presented a persuasive argument at a preliminary injunction hearing in April in federal court in Pittsburgh, in our class action suit (co-counseled with Civil Rights Corps) alleging that Allegheny County’s pervasive incarceration of people awaiting hearings for alleged probation violations is unconstitutional.

This issue is vital to our community and our movement: more than 40% of people in Allegheny County Jail are currently being held on probation detainers, and a favorable decision would have major ramifications for pre-trial incarceration throughout Pennsylvania and beyond.

The expertly constructed presentation by ALC staff attorney Dolly Prabhu included powerful plaintiff and witness testimony by ALC’s Court Watch founding director and current Movement Building Director Autumn Redcross and and volunteer court watcher Emma Fenstermaker, coupled with extensive data collected by our court watchers who’ve observed hundreds of probation hearings, and analyzed by top-notch ALC intern Lolo Serrano.

This case perfectly illustrates how we combine our Court Watch program and other grassroots mobilizations with movement-lawyering to build innovative and effective challenges to the carceral state.


SHOWING UP FOR OUR COMMUNITIES

flyer of Ecology of Mass Incarceration Event at Carnegie Mellon University

Among many other activities in communities across Pennsylvania this spring, we’ve challenged the prioritization of county-wide resources, celebrated the queer community in spaces like Pride events, and presented at public programs on a wide range of topics including the Ecology of Mass Incarceration, human rights violations in U.S. jails and prisons, and policing the police.

In greater Pittsburgh we’re continuing to focus the majority of our litigation and organizing on the extreme injustices and abuses happening in the criminal courts and the county jail. Our organizers, legal team, and volunteers remain engaged on many fronts, including establishing a vocal and visible presence at Jail Oversight Board meetings, and advocating on behalf of incarcerated people and their loved ones, who are trapped in atrocious conditions.

ALC’s Court Watch program recently partnered with Point Park University psychology students who conducted ethnographic observations of Allegheny County’s mental health court as part of an advocacy-focused research project. As one participant noted in this article in the Wellsboro Gazette, “This experience showed me the type of community activism that needs to be done. If we don’t have people going to courtrooms to see what is happening and talk about it, then nothing will change, and the people in difficult positions may never have the chance to actually get help.” To explore how you can take an active role through court watching or court packing, sign-up for one of our upcoming Courtwatch Orientations here.

In Philadelphia, we remain hard at work on an effort to establish a board to oversee the city’s jails, where people experience truly dire conditions. We’re aiming to create an independent civilian body whose members will include formerly incarcerated people and their loved ones who are the experts on Philly’s carceral system. This oversight group will have the power to investigate abuses, audit prison practices and policies, and have full access to the facilities to create oversight, transparency, and accountability where there is none currently.

To learn more about the effort to address the human rights disaster in Philly jails,
join us for this upcoming event:


Philly Incarceration Crisis: Virtual Town Hall

Too many deaths, too much violence, too many held in inhumane conditions, too many excuses!

Join us on Tuesday, June 27 at 6pm
to discuss the Philly incarceration crisis and how you can get involved.
Registration required. Sign up here. 


FROM VICTIM TO VICTOR

“Deserving of a Second Chance”
by Megan Lentz

In mid April, in collaboration with Let’s Get Free and the Human Rights Coalition, ALC released our newest report: From Victim to Victor: An Inquiry into Death by Incarceration, Gender, and Resistance in Pennsylvania with a press conference at the William Way LGBTQ Community Center in Philadelphia.

As the first ever in-depth report examining the gendered experience of Death by Incarceration (life without parole) in Pennsylvania, From Victim to Victor exposes the overwhelmingly common yet vastly overlooked threads woven through the direct experiences of women and trans people sentenced to die in prison.

“I’d like to express how psychologically deafening it is to be rehabilitated, take full responsibility for your crimes, have meaningful goals and assets to offer to society, be called a role model, yet denied a second chance to become a taxpayer, instead of a costly tax burden within society… I pray for the day I’m afforded at least a chance to see the parole board. Even Charles Manson was afforded this gift.” – Jennifer Rhodes, in her speech at the press conference

Dig deeper here, download  the report, find press coverage in Truthout and the Pittsburgh City Paper, and more.


SAVE THE DATE FOR OUR 10th ANNIVERSARY CELEBRATION!

Graphic to Save the Date Celebrating ALC 10th Anniversary

Ten years ago, two attorneys founded the Abolitionist Law Center with one client, political prisoner and former Black Liberation Army member Russell Maroon Shoatz. Today ALC is both a public interest law firm and a community organizing project, has nearly 20 staffers, offices in Pittsburgh and Philadelphia, and a portfolio of work that by some estimates impacted close to 70,000 people last year.

As we blast into our second decade, we’re wielding litigation, pressure campaigns, and public education. We’re centering and mobilizing affected communities. We’re targeting every point on the criminal punishment conveyor belt, including policing, the courts, jails and prisons, and other forms of correctional control.

This urgent, challenging, and often life-and-death work can be very heavy. But there’s a lot to celebrate, too.

Save the date and plan to join us on the evening of September 20th for a festive, community-centered commemoration of this milestone at the World Cafe Live in Philadelphia, and look out for more details coming soon about this event and other anniversary programming.


DONATE TO DECARCERATE

Help us sustain the fight to free people from incarceration and other forms of racist state violence by making a tax-deductible donation to the Abolitionist Law Center today.

Your gift fuels our collective liberation struggle and powers the transformative change we’re fighting for in the courts, in the streets, behind bars, and on the outside.

We need your partnership to keep the pressure on, and we appreciate your contribution of any amount today. There’s so much more for us to do together!

Contributions to the Abolitionist Law Center, a 501(c)(3) organization, are tax-deductible to the full extent of the law.


Making Noise & Making News: March 2023

Our litigators, organizers, and volunteers, and the larger abolition and decarceration movement we’re part of, have been running at full speed the last few months.

We’ve been in the streets and in the courts, in front of the cameras and behind the scenes, fighting for freedom and an end to state violence.


FREEDOM, FIVE YEARS ON

February 20, 2023 was the five year anniversary of the day that ALC executive director Robert Saleem Holbrook, walked out of SCI Greene after serving 27 years of a death by incarceration sentence for an offense he was involved with as a 16-year-old child. In this essay Saleem reflects on his journey since 2018 (which includes recently being named to the transition team for PA Governor Josh Shapiro), and his unwavering dedication to the people he left behind on the inside, and their families on the outside.


ON THE LEGAL FRONT

In the fall of 2022, ALC and our allies at Civil Rights Corps filed Horton v. Rangos, a major new lawsuit challenging the illegal detention of hundreds of people in the Allegheny County Jail. The suit claims that the manner in which the County detains individuals accused of violating the conditions of their probation is unconstitutional, leading to excessive pre-trial incarceration.

People accused of having violated their probation – whether for technical reasons such as not attending a required meeting, or for allegedly committing new offenses – are often detained pending a probation violation hearing, which can take months and even sometimes years to be scheduled. Even if a judge sets bail, people held pursuant to probation detainers must remain incarcerated. Probation detainers are the primary driver of pretrial incarceration at the Allegheny County Jail.

The lawsuit alleges that when probation hearing officers are ruling on whether to lift people’s detainers (that is, whether to release them from incarceration), the officers do not consider any evidence and do not make any findings about whether there’s a good reason to jail the person. Furthermore, the lawsuit alleges that in certain categories of cases, the hearing officers apply a mandatory detention policy; no matter the facts or circumstances, they refuse to lift the probation detainers.

In October 2022, ALC filed a motion for preliminary injunction asking defendants (including Adult Probation and Judges Rangos, Bigley, and Mariani) to cease those mandatory detention practices. A hearing on that motion is coming up in April, as we continue building a powerful case to end these egregiously unconstitutional and repressive practices in Allegheny County.


In other ALC legal news:


SHOWING UP FOR OUR COMMUNITIES

Around Philly:

There is a deadly crisis in Philadelphia’s jails. Our community members are being abused and neglected, and just during the pandemic time period alone, 29 people have died.

ALC is working on legislation to establish a Prison Oversight Board over Philly’s four jails to create oversight, transparency, and accountability where currently none exists. Our vision is that the Board will be an independent civilian body whose members will include those who are the experts on Philly’s carceral system — formerly incarcerated people and their loved ones — who will have the power to investigate abuses, audit prison practices and policies, and have full access to the facilities.

You can learn more about Philly jail conditions and the work we’re doing by checking out videos of POWER’s Town Hall on the Tragedy of Philly’s Jails and one we hosted last year. To get involved, email ALC’s Philly Jails Organizer Sam Lew at sam@alcenter.org.

Around Pittsburgh:

The campaign to end abuses at the Allegheny County Jail remains the primary focus of our Pittsburgh-area organizing work presently. We’re continuing to engage relentlessly with jail oversight board meetings and board members, educate the community on carceral issues, and build a coalition with our partners at APA (Alliance for Police Accountability).

We’ve been advocating for incarcerated people to receive medicine while caged at the jail; organizing court support for people who have hearings; and focusing especially on the children incarcerated at the ACJ, as well as those with psychiatric and other disabilities, whose conditions tend to be catastrophically exacerbated by confinement at the jail.

This excellent recent article in Spotlight PA exemplifies the abysmal situations that are all too often experienced by people with psychiatric issues who encounter the criminal legal system in Allegheny County, and describes the sort of intensely hands-on interventions by our staff and other advocates who are fighting for better outcomes for these vulnerable people: A CRIMINAL SOLUTION: Determining whether someone is mentally fit to stand trial in Pennsylvania often traps them in the very place making them worse — jail. This is the story of one woman’s fight to get out.

And in another form of advocacy, we’re lifting up this fundraiser to buy a headstone for Gerald Thomas, who died at ACJ a year ago, and whose experience was detailed in the ALC report, “Death-Making Institutions.”


SPOTLIGHT ON AN EMERGING LEADER

Sergio “Serg” Hyland joined ALC’s staff as the executive assistant in 2022, several months after being released following two decades in prison.

While inside, Serg pursued an education; was mentored by ALC’s first client, political prisoner Russell Maroon Shoatz; and became a published writer and a correspondent for Prison Radio.

Today Serg is still a writer. He’s also an in-demand speaker, a political organizer, and the editor-in-chief of The Movement magazine of the Human Rights Coalition.

In addition to all of these activities, Serg was recently named to the Emerging Leaders Corp, a new collaborative learning program just launched by the Pew Charitable trust. This initiative “aims to help rising Philadelphia leaders tackle some of the city’s biggest challenges by strengthening their ability to use data effectively to assess policy options and inform decision-making… Over the course of the sessions, participants will also develop their visions for the city’s future. And the program will culminate with participants sharing their action plans for advancing those visions through continued learning, collaboration, and advocacy with policymakers and civic leaders.”

We send a huge shout-out to this dynamic and driven member of our staff!


DOUBLE DIGITS!

In February 2023, ALC turned 10! We’re working on plans to celebrate a decade of freeing people and fighting state violence, and we’ll share more news about that as the year unfolds.

As we look at where we’ve been and where we’re headed, we gratefully acknowledge the vital role our community plays in enhancing and sustaining our work. And we’re counting on our supporters to invest in another decade of decarceration.

Please consider marking this milestone by increasing your total annual support by 10% this year; setting up a recurring $10/month donation; or even simply adding $10 to your one-time gift.


DONATE TO DECARCERATE

Help us sustain the fight to free people from incarceration and other forms of racist state violence by making a tax-deductible donation to the Abolitionist Law Center today.

Your gift fuels our collective liberation struggle and powers the transformative change we’re fighting for in the courts, in the streets, behind bars, and on the outside.

We need your partnership to keep the pressure on, and we appreciate your contribution of any amount today. There’s so much more for us to do together!

Contributions to the Abolitionist Law Center, a 501(c)(3) organization, are tax-deductible to the full extent of the law.


ACJ’s Medical Neglect Leads to Life-Threatening Emergency for Denzelle Kendrick

Denzelle Kendrick

January 26, 2023, Pittsburgh: The Abolitionist Law Center is demanding that the Allegheny County Jail provide immediate medical care for Denzelle Kendrick, a medically vulnerable individual currently incarcerated at the facility. 

Mr. Kendrick has suffered his entire life from sickle cell disease, which often results in severe episodes of pain that can develop into seizures, stroke, and death if untreated. Dr. Ines Kanandra reportedly discontinued Mr. Kendrick’s prescribed pain medications in August 2022, leading to numerous such pain episodes for Mr. Kendrick. In total, he reports approximately 30 such episodes and 6 seizures since he was transferred to ACJ in July 2022. In all of these instances, correctional staff and/or medical staff have, at best, an extremely delayed response. Often, there is no medical response at all.

“The jail is withholding medication for his life threatening illness that he was born with, Sickle Cell,” said Cadiadra Kendrick, mother of Denzelle Kendrick. “I had to watch a YouTube where three medical emergencies were called and no medical aid was rendered while my child was unresponsive. This is totally neglectful.” 

The videos Cadiadra Kendrick describes were uploaded by another incarcerated individual, James Byrd, and depict an incident on or around December 4, 2022 wherein Mr. Kendrick requested to be seen immediately by medical staff due to feeling on the verge of an impending sickle cell pain episode. He was ignored by medical staff until his situation had become so severe that he had to be taken out in a stretcher, despite laying on the floor of his cell unresponsive for over an hour. 

“It is concerning that, but for the leaked videos, we would never have learned of Mr. Kendrick’s situation,” said ALC Staff Attorney Dolly Prabhu. “It’s clear that ACJ appears more focused on punishing anyone who makes them look bad rather than providing anything resembling adequate medical care. There are, undeniably, countless others with similar experiences who the public will never hear about.”

Due to the grossly inadequate medical response in these incidences, and the jail’s failure to provide Mr. Kendrick with his prescribed medications, we sent the attached letter to Warden Harper’s counsel, an assistant county solicitor, on Tuesday, January 24, 2023, demanding appropriate care moving forward and an investigation into Dr. Kanandra’s conduct.

See below for the full letter with additional details.

###

Contacts: Tanisha Long, ALC Community Organizer, tanisha@alcenter.org; Dolly Prabhu, ALC Staff Attorney, dprabhu@alcenter.org

1.24.23-Medical-Advocacy-Letter-re-Denzelle-Kendrick

Plaintiffs bring class action lawsuit challenging the pervasive use of probation detainers in Allegheny County, Pennsylvania

For Immediate Release: October 3, 2022

Pittsburgh, Pa. –  Six currently detained individuals filed a class action lawsuit in the United States District Court for the Western District of Pennsylvania against three Allegheny County judges; Administrative Judge Jill Rangos and Court of Common Pleas Judges Anthony Mariani, and Kelly Bigley, as well as Jail Warden Orlando Harper and Director of Probation Frank Scherer and other probation department officials, alleging that Allegheny County’s pervasive use of probation detainers violates their state and federal constitutional rights. Represented by counsel from Civil Rights Corps and Abolitionist Law Center, the plaintiffs seeks a declaration that Defendants’ policies and practices violate their rights to due process under the Fourteenth Amendment, through unlawfully jailing people arrested for probation violations for prolonged periods without an adequate assessment or determination that such detention is necessary. The plaintiffs also seek injunctive relief to change the practices that result in rampant illegal incarceration, and they will be moving for a preliminary injunction to immediately halt the unconstitutional practices. Finally, they seek money damages for every day of illegal detention they have suffered.

The lawsuit challenges the systemic use of probation detainers, the single largest driver of incarceration at the Allegheny County Jail. A probation detainer prohibits an individual’s release from jail until they have a hearing to determine whether they violated their probation. On any given day, about one third of the  jail population (upwards of 600 people) has  a probation detainer lodged against them. Approximately 16% of them are accused only of a technical violation of probation, such as failing to update their address or to meet with their probation officer. Most of the people with new charges, the other reason for alleged violations, are theoretically able to get out of jail on the new charges on either monetary or non-monetary bail. But because of the probation detainer, they’re stuck in jail. The suit challenges the constitutionality of the perfunctory proceedings at which decisions regarding detainers are made. The suit further challenges Judges Mariani and Bigley’s blanket administrative “no-lift” policy, automatically requiring all people they supervise who are arrested for an alleged probation violation to remain in jail, no matter the circumstances of the probation violation. “Local officials’ detainer practices are particularly jarring in light of the ongoing crisis at the Allegheny County Jail; at least six people incarcerated at the jail have died this year alone, 17 since the onset of the pandemic. Yet the jail continues to be senselessly overpopulated because of the rampant and illegal use of probation detainers,” said Sumayya Saleh, Senior Attorney, Civil Rights Corps.

Gerald Thomas is one of the individuals who died in the jail this past year. He was accused of new charges, which were all ultimately withdrawn. Mr. Thomas was held on a probation detainer for almost a year. Shortly before Mr. Thomas’s death, Judge Mariani refused to lift his detainer despite the withdrawn charges. “Mr. Thomas’s death is the worst possible outcome of these dangerous policies, but it is not an unpredictable one,” said Dolly Prabhu, Staff Attorney at the Abolitionist Law Center. “To not put an end to these practices is to continue to put hundreds of incarcerated people in Allegheny County at risk everyday.”

Dion Horton is the lead named plaintiff in the case. He’s been in jail since February 2022 for allegedly violating probation after being accused of new offenses. A judicial officer in a separate proceeding ordered that he could be released from jail on those charges. Despite this, a probation detainer was lodged against him, with no separate determination that his incarceration is necessary. Nearly eight months have passed, and there is no end in sight–he has no idea when he will have a hearing on the alleged probation violation. “I thought that we were supposed to be innocent until proven guilty,” said Mr. Horton. “But with probation detainers, it’s like I’m guilty before I’m ever tried. That doesn’t seem fair to me.”

Civil Rights Corps is a non-profit organization dedicated to challenging systemic injustice in the American legal system through innovative civil rights litigation. CRC works with individuals accused and convicted of crimes, their families and communities, people currently or formerly incarcerated, activists, organizers, judges, and government officials to challenge mass human caging and to create a legal system that promotes equality and human freedom.

The Abolitionist Law Center is a public interest law firm inspired by the struggle of political and politicized prisoners, and organized for the purpose of abolishing class and race based mass incarceration in the United States.  Abolitionist Law Center litigates on behalf of people whose human rights have been violated in prison, educates the general public about the evils of mass incarceration, and works to develop a mass movement against the American punishment system by building alliances and nurturing solidarity across social divisions.

###

Cheryl Bonacci
Civil Rights Corps
cheryl@civilrightscorps.org

Dolly Prabhu
Abolitionist Law Center
dprabhu@alcenter.org

ALC Releases Report on Apartheid Policing in Pittsburgh, Calls for Defunding Police to pre-Peduto Levels

Select pages from the report, view or download the entire publication below.

December 15, 2020

FOR IMMEDIATE RELEASE

CONTACT: Dolly Prabhu, Abolitionist Law Center, dprabhu@alcenter.org

PITTSBURGH – The Abolitionist Law Center has published a report on policing in Pittsburgh, highlighting glaring racial disparities in traffic stops, frisks, warrantless search and seizures, arrests, and use of force by the City’s police force. 

The report notes that in 2019,  Black people made up only 23.2% of the Pittsburgh population, and yet they made up 43.6% of individuals involved in traffic stops, 71.4% of all frisks, 69% of individuals subject to warrantless search and seizures, and 63% of all arrests conducted by the Pittsburgh Police. When it comes to children, the disparities were even more vast: Black children accounted for 83% of all warrantless search and seizures of individuals ages 11-18 and 100% of all warrantless search and seizures of children ages 10 and under. 

Despite these troubling numbers, Mayor Bill Peduto has increased the Police Budget 60% since taking office in 2014, from $72 million to $115 million. It now enconpasses nearly one fifth of the City’s entire operating budget. Furthermore, the year-to-year rate of increase of the police budget went up from an average of 0.75% from 2000-2014 to 8.18% from 2015-2020 under Mayor Peduto, even though violent crime levels in Pittsburgh have been steadily decreasing since the early 1990s. 

The report also stated that the peacekeeping role of police was exaggerated, and noted that only 6% of all crimes reported to the Pittsburgh Police in 2019 were violent crimes, while the vast majority of crimes reported were minor infractions like disorderly conduct, public drunkenness, and vandalism. Even in response to violent crime, police had a very low clearance rate, especially when victims were Black. 

The report concludes by condemning the City’s continued adherence to unproductive and misleading reform measures to address police brutality against Black residents: “Trotting out these tired, ineffective solutions in place of defunding is not a noble step towards change, but a manipulative attempt to feign compliance with activists’ demands while continuing to support police,” says Dolly Prabhu, staff attorney at the Abolitionist Law Center.

Instead, the report calls for an immediate $40 million cut to the City’s police budget, which would return it to just a little over what it was when Bill Peduto took office in 2014. It further demands that these funds are redirected into necessary social services, including education, housing, and health care—measures that would reduce crime more effectively than continuing to increase police funding.

Prisoners’ Rights Advocates File Lawsuit Against Allegheny County Jail for Sergeant Brutalizing Women with Disabilities

 

December 2, 2020 

FOR IMMEDIATE RELEASE 

CONTACT: 

Jaclyn Kurin, Abolitionist Law Center, (703)-850-8914, jkurin@alcenter.org 

Alexandra Morgan-Kurtz, PA Institutional Law Project, (412) 434-6175 amorgan-kurtz@pailp.org 

PITTSBURGH – The Abolitionist Law Center (ALC), Pennsylvania Institutional Law Project (PILP), and K&L Gates filed a lawsuit on Tuesday on behalf of April Walker, LaVonna Dorsey, and Alexus Diggs, three formerly incarcerated women with disabilities, who claim they were brutally assaulted by Sergeant John Raible at the Allegheny County Jail. The complaint describes numerous assaults by Raible against people with disabilities involving the over use of pepper spray, tasers and placing people with disabilities in a restraint chair for hours without food, water, medicine, or breaks to relieve themselves. 

The Complaint claims that Raible repeatedly pepper sprayed Ms. Walker when she was pregnant and slammed her face into the concrete floor, resulting in her hospitalization. Ms. Dorsey’s claims arise from Raible pepper spraying her in the face, breasts, and buttocks while she was naked and then placing her in a restraint chair with purposely overtightened straps, severely injuring her shoulder. The Complaint also describes an incident where Raible shot multiple pepper pellets at Ms. Diggs because he suspected that she was using a pen to write grievances. 

Ms. Walker, Ms. Dorsey and Ms. Diggs are also suing Raible’s supervisors, Warden Orlando Harper, Chief Deputy David Zetwo, and Deputy Chief of Operations Jason Beasom for their failure to train and supervise staff at ACJ which led to the assaults. The lawsuit alleges that before the Plaintiffs were assaulted, Harper, Zetwo, and Beasom were aware of Raible’s violent history of assaulting incarcerated individuals for non-threatening conduct. 

“Raible’s actions are horrifying and have no place in our society,” stated Alexandra Morgan-Kurtz, Managing Attorney for the PA Institutional Law Project. “More troubling, however, is the absolute disregard shown by his supervisors to a clear pattern of torture and discrimination against women with disabilities.” 

“Sergeant Raible’s pattern of assaulting women in ACJ is as disturbing as it is illegal,” said Jaclyn Kurin, staff attorney at the Abolitionist Law Center. “This lawless brutality only exists because Harper, Zetwo, and Beasom permit the systematic abuse of disabled individuals.” 

Despite knowing that Raible presented a significant risk of harm to individuals with disabilities, Harper, Zetwo, and Beasom repeatedly failed to discipline or terminate Raible. Rather, they condoned Raible’s abusive and unconstitutional conduct by permitting him to retain his rank as a sergeant and execute his supervisory duties. 

The lawsuit alleges that Harper, Zewto, and Beasom knew that ACJ officers routinely used excessive force on individuals with psychiatric disabilities. The Pennsylvania Department of Corrections report on use-of-force in jails across the state shows that in 2019, ACJ staff resorted to brutal forms of physical force far more frequently than the other correctional facilities.

The lawsuit was filed in the United States District Court for the Western District of Pennsylvania. The plaintiffs are represented by Jaclyn Kurin and Bret Grote of the Abolitionist Law Center; Alexandra Morgan-Kurtz of the Pennsylvania Institutional Law Project; David Osipovich, Anna Shabalov, Jessica Moran, and Elizabeth Hoadley of K&L Gates LLP.

ALC Court Watch Releases First Court Watch Docket Report

December 1, 2020
FOR IMMEDIATE RELEASE

CONTACT:
William Lukas, Abolitionist Law Center • wjlukas@alcenter.org

PITTSBURGH – The ALC Court Watch, launched by the Abolitionist Law Center in January 2020 to keep courts accountable through data collection and public reporting, has published its first Court Watch Docket Report. Examining municipal court docket information from May 11, 2020 through June 8, 2020, the Report analyzes trends in arrests and bail decisions, highlighting the impact of police and judicial discretion. Notably, the vast racial disparities described in the report lay bare an undeniable system of racial apartheid.

The report states that while Black residents make up only 23.2% of the Pittsburgh population, they experienced 44% of all traffic stops, 71% of all frisks, 69% of all warrantless search and seizures, and 63% of all arrests conducted by the Pittsburgh Police in 2019. Additionally, ALC Court Watch found that Black men, who make up less than 7% of the county population, made up 44% of all misdemeanor defendants. It was also noted that the imposition of money bail tended to be concentrated among individuals from zip codes with a higher proportion of Black residents, with 9 such zip codes (out of the 127 represented by defendants in total) accounting for 37% of all defendants and 38% of the dollar value of monetary bail imposed during this period.

.

The impact of judicial discretion was highlighted in the report as well, which found that just 3 out of 47 judges were responsible for 34% of all monetary bail impositions and 41% of all secured monetary bail impositions. The lack of standards and glaring inconsistencies present in judicial decisions were pointed to as evidence of the need for a total upheaval of current bail practices.

In sum, the data accumulated by the Court Watch Program shows that—as a result of racially disparate policing and bail decisions—Black residents are more likely to be arrested, charged, and have monetary bail imposed against them. This alone meets the legal definition of racial apartheid, a crime against humanity as defined by international human rights law standards. The report places blame for this state of affairs on police, prosecutors, judges, and elected officials, calling their failure to correct these glaring disparities demonstrative of an intentional policy of racial apartheid.

“Aggregating and interpreting how the visceral and exploitative everyday violences play out – largely against Black community members – makes the Apartheid practices of the county undeniably clear.” said Autumn Redcross, ALC Court Watch Director.

The report, which is the first in what is to be a series of regular publications, closes with three key demands: defunding the police, ending cash bail, and opening the courts. It demands a reduction of police funding to pre-Peduto levels, with the rest of the funding to be put towards education, housing, and healthcare. Additionally, it calls for an end to the bail-as-ransom system of cash bail that drains resources from this county’s most vulnerable communities. Finally, it calls for full remote access through live-streaming of all court proceedings for the sake of transparency, democracy, and accountability.

To learn more about ALC Court Watch visit alccourtwatch.org

PITTSBURGH’S SECRET POLICE

Portland is not unique. Peduto’s police are no different from Trump’s gestapo. Peduto and the City of Pittsburgh allow their robocops to hide their identities and refuse to identify themselves to community members when asked. Peduto says he “opposes” Federal agents in Pittsburgh – which makes sense if he already has police in our city openly and anonymously terrorizing and surveilling Black community members, activists, and witnesses. Police that collaborate with Homeland Security, the DEA, and FBI to target, isolate, and detain our friends and family members.

Below is a redacted vs unredacted excerpt of Section 4.0 of PBP FORM 290, ORDER #: 42-13  (2/14/19) which outlines the Operational Guidelines of Pittsburgh’s “Special Response Team (SRT)” aka riot cops. It is unclear why the Pittsburgh Bureau of Police have attempted to redact these paragraphs, except maybe to hide fascistic policies that are both embarrassing and jeopardizing to their public image as crime-fighting comic book heroes – particularly in white imaginations. The Pittsburgh Bureau of Police tried to hide its policies allowing its officers to hide their own identities. They didn’t do a good job of hiding it, so we thought we’d share with you all.

Hover and slide the divider below [] to view the unredacted version ⤵️

Hover and slide the divider [] above to view the unredacted version ⤴️

Anonymous riot cops and secret police are not new. We are reminded of COINTELPRO‘s presence in Pittsburgh. We are reminded that anonymous cop brigades evolved from execution firing squads: the identity of the state agent who fires the lethal shot is never to be revealed.

If local agents of state violence remain unidentifiable, then how do we keep them accountable?

While Bill Peduto praises the Pittsburgh Police’s collaboration with Trump’s FBI to arrest activists and alleged petty vandals via the Damage Assessment and Accountability Task Force (DAAT) –they’ve made no effort to identify the following agents of state violence.

We are asking for the public to help the Mayor find his courage and publicly identify these members of our city’s very own secret police:

Hover and click to view footage of the June 1st East Liberty police attacks:

PROTESTERS FILE CLASS ACTION LAWSUIT AGAINST PITTSBURGH POLICE AND CITY OFFICIALS FOR POLICE ATTACKS ON EAST LIBERTY PROTEST

To view the complaint and videos of the June 1 police attack on peaceful protestors in East Liberty visit: bit.ly/eastlibertypoliceattack

If you were at the protest and think you might be a class member, please fill out this form at bit.ly/intakeeastlibertypoliceattack and email to: info@obrienlawpgh.com , msc@obrienlawpgh.com , qcozzens@alcenter.org

On June 1, 2020, a peaceful protest in the East Liberty neighborhood of Pittsburgh against nationwide police violence turned into a yet another demonstration of excessive force by the police. Protesters who participated in this protest have filed a class action lawsuit in federal court against Pittsburgh Bureau of Police (PBP) officials, Mayor Bill Peduto, and the City of Pittsburgh after police unleashed violence on peaceful demonstrators, then rounded up and arrested nearly two dozen people who committed no crimes. The protesters are represented by attorneys from O’Brien Law, Abolitionist Law Center, and Elzer Law Firm, LLC.

Named Plaintiffs include a 13-year-old boy, his mother, and her fiancé, who attended the protest to learn about the First Amendment, but instead were met with tear gas and violence; a dance instructor who was arrested outside his apartment while he was on his way home; a local non-profit worker who was gassed and chased at gunpoint; an international peace observer who spent the night in jail after being tear gassed and arrested while trying to walk to their car; and a man who was shot in the back by four rubber bullets as he tried to leave the protest. 

On June 1, the PBP escalated a peaceful protest into a scene of pandemonium, panic, violence and bloodshed. The PBP deployed hundreds of officers to counter approximately 150 protesters.  As the assembled protesters held their hands in the air and chanted, “This is not a riot,” and “Hands up – Don’t shoot,” PBP ordered its officers to attack them with explosives, chemical agents and ammunition which is known to seriously wound and sometimes kill its targets.  PBP officers drove ambulances past injured protesters without stopping. After ordering peaceful protesters to leave the area, PBP officers blocked their escape with chemical gas, riot police and mounted patrols. The PBP ordered tactical officers dressed in paramilitary garb to patrol a residential neighborhood in armored vehicles and arbitrarily throw canisters of chemical gas at anyone they encountered. The PBP arrested twenty-two protestors for failing to disperse, subjecting them to confinement in the midst of a global COVID-19 pandemic.  The Allegheny County District Attorney’s Office withdrew the charges for every person arrested due to a lack of sufficient evidence or allegations to support the criminal charges.

Immediately following the PBP’s overwhelming and unjustified use of force in East Liberty, Mayor Peduto, Public Safety Director Wendell Hissrich and Chief of Police Scott Schubert held a press conference at which they disseminated flagrant lies to conceal and/or justify the PBP’s use of force against peaceful protesters. These officials accused protesters of hurling rocks and “volleys of bricks” at PBP officers, and vehemently denied using chemical agents.  Numerous videos statements were patently false.

“In Pittsburgh and across the country, police officers’ use of chemical weapons such as tear gas and projectile munitions such as rubber bullets, beanbag rounds, and sponge grenades against protesters has resulted in serious and debilitating injuries. Moreover, the routine and indiscriminate use of these tactics deters would-be protesters from exercising their First Amendment right to peaceably assemble and petition the government,” said the attorneys representing the Protesters.  

The lawsuit seeks an order preventing the City of Pittsburgh from declaring peaceful protests unlawful and from using chemical agents and projectiles against peaceful protesters.[1] The lawsuit also seeks money damages for protesters whose rights were violated.

The suit was filed the U.S. District Court for the Western District of Pennsylvania by Attorneys Margaret Coleman of O’Brien Law, Quinn Cozzens of Abolitionist Law Center, and Christine T. Elzer of Elzer Law Firm, LLC.

For additional information contact

Margaret Coleman

msc@obrienlawpgh.com

Quinn Cozzens

qcozzens@alcenter.org

Christine Elzer

celzer@elzerlaw.com


[1] Federal courts have issued similar injunctions against police departments in several cities, including Denver, Seattle, and Oakland

MEET THE PROTESTERS-PLAINTIFFS

To view the complaint and videos of the June 1 police attack on peaceful protestors in East Liberty visit: bit.ly/eastlibertypoliceattack

If you were at the protest and think you might be a class member, please fill out this form at bit.ly/intakeeastlibertypoliceattack and email to: info@obrienlawpgh.com , msc@obrienlawpgh.com , qcozzens@alcenter.org

POLICE TERROR at EAST LIBERTY PROTEST 06/01

Abolitionist Law Center posted this statement to Facebook on the June 2nd, in the early morning following the Pittsburgh Police’s violent descent upon peaceful protestors, terrorizing them with tear gas and excessive force in East Liberty. The post reached over 55,000 views and over 700 shares – aligning with the greater public’s eye-witness accounts of police terror and contradicting what the Pittsburgh Police had said during the news conference following the protest: that tear gas was NOT deployed.

Mayor Peduto’s office and the Citizen Police Review Board of Pittsburgh received countless complaints of police violence from protestors and bystanders who were brutalized, and those who had witnessed the use of tear gas, firing of bean bags, and violent arrests. In the afternoon of June 2nd, the Pittsburgh Police revealed that they had INDEED used tear gas – a chemical weapon banned in war – on peaceful protestors in the June 1 East Liberty protest.

Mayor Peduto has called for independent investigations into the police’s use of force on protestors supporting Black Liberation and police abolition in Pittsburgh.