This paper addresses three distinct but related issues in law enforcement administration and civil liberties. The first section examines the challenges of terminating a police officer for repeated use of excessive force, including the role of police unions, arbitration procedures, and due process requirements. The second section analyzes the Eighth Amendment right against cruel and unusual punishment through the case of Jennifer Lobato, who died in police custody after her medical complaints were ignored. The third section considers the legal and ethical problems surrounding the designation of "persons of interest," drawing on high-profile cases such as Richard Jewell and Steven Hatfill to argue for stronger legislative protections against premature public identification of suspects.
Currently there are no federal laws governing the employment contracts of law enforcement officers, and in fact, law enforcement has yet to be professionalized or federalized in any comprehensive way. This situation may change in the future as the quality of law enforcement in the United States is increasingly called into question — particularly in cases where an officer has been repeatedly accused of unnecessary force and brutality. As an administrator, the appropriate response to such conduct is immediate termination of the officer's contract.
The primary constraints on such a decision come from the Department of Labor's fair labor standards, as well as employment law considerations that apply to specialized personnel. If the members of the department are members of a police union, there could be serious repercussions to consider. Friedersdorf (2014) points out that faulty arbitration procedures sometimes hinder a rightful termination rather than simply protecting employees from wrongful termination: "Too many cops who needlessly kill people, use excessive force, or otherwise abuse their authority are getting reprieves from termination" (Friedersdorf, 2014, p. 1).
In such a case, an administrator should gather as much information as possible to substantiate claims that the officer committed systematic wrongdoings and posed a detriment to public safety. Due process considerations can help determine which issues to focus on when outlining and communicating the grounds for termination, as well as how to frame those issues as criminal misconduct (Jensen & Kim, 2015). Consulting with legal counsel would tremendously help to successfully terminate the officer while also setting in motion procedures for changing the organizational culture that allows such problems to develop in the first place.
Friedersdorf, C. (2014). How police unions and arbitrators keep abusive cops on the street. The Atlantic. Retrieved from https://www.theatlantic.com/politics/archive/2014/12/how-police-unions-keep-abusive-cops-on-the-street/383258/
Jensen, E. L. & Kim, M. N. (2015). Termination of public employees: Due process requirements. Forge Ahead. Retrieved from http://www.heylroyster.com/_data/files/Seminar%202015/Govt/G-ELJ-V5-Final.pdf
The Eighth Amendment to the Constitution protects citizens from cruel and unusual punishment while in custody. The case of Jennifer Lobato illustrates why this protection is important, and how the rights of persons in custody can be — and are — systematically violated. To promote and enhance the provisions of the Eighth Amendment, the American Bar Association (2017) has developed a comprehensive set of standards governing the treatment of prisoners. In Lobato's case, the suspect was being held in custody under arrest for shoplifting; she had not been convicted of any crime and was not technically in prison. Regardless, the principles of basic human rights covered under the Eighth Amendment apply to persons both in prison and in police custody.
Lobato had reportedly been vomiting in her cell and complained of feeling ill mere hours before her death. One correctional officer was under investigation for mocking and "scoffing at" Lobato (Paul, 2015, p. 1). The administration — in this case the sheriff's office — responded by placing three deputies on administrative leave and conducting an internal investigation. While this was a necessary action, it was potentially insufficient, because conducting a self-directed investigation creates too much potential for bias.
The sheriff needs to take a stand by changing policy across the entire district and putting procedures in place for attending to the immediate healthcare needs of persons in custody. More importantly, administration must work to change the organizational culture of law enforcement and corrections. Too often, problems like those in the Lobato case can be traced to a dysfunctional and toxic culture that dehumanizes suspects and inmates, depriving them of their basic human rights. More effective training and disciplinary procedures will be necessary to prevent and mitigate such problems in the future.
American Bar Association. (2017). Standards on treatment of prisoners. Retrieved from
Paul, J. (2015). Sheriff: Guard scoffed at woman who died awaiting care in Jeffco jail. The Denver Post. Retrieved from http://www.denverpost.com/2015/03/12/sheriff-guard-scoffed-at-woman-who-died-awaiting-care-in-jeffco-jail/
Paul, J. & Hernandez, E. (2015). Woman who died in JeffCo jail cell Monday was arrested for shoplifting. The Denver Post, April 15, 2015. Retrieved from http://www.denverpost.com/2015/03/04/woman-who-died-in-jeffco-jail-cell-monday-was-arrested-for-shoplifting/
"Legal risks of naming suspects to the press"
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