Marist Students Need to Know About the ACLU Lawsuit

A Poughkeepsie police officer appeared to slam 15-year-old Jamelia Barnett to the ground in a video from March 11, 2019. One year later, the trial was set to begin, according to the Poughkeepsie Journal. This case, so near to the Marist College gates, shows that Dutchess County is no exception to the nationwide uproar about excessive force, false arrests and brutality exhibited by police. Protestors took to the streets in Poughkeepsie for the “We Can’t Breathe” demonstration on June 2.

It is no coincidence that victims of police across the country have been left unfulfilled by the justice system. The system is not broken; it is designed like that. Marist students –– and all Americans –– must understand the workings of the justice system, especially if they want to reform it. 

The high profile lawsuit Black Lives Matter D.C v. Trump may highlight some critical components of the justice system that absolve police nationwide of accountability. 

Last week, the American Civil Liberties Union, along with other civil rights groups, filed a lawsuit on June 4 on behalf of Black Lives Matter D.C. as well as individual protesters. The lawsuit condemned violent actions against peacefully-assembled demonstrators at Lafayette Square during President Trump’s walk to St. John’s Church on June 1. According to an account from a member of the National Guard, Attorney General William Barr ordered the evacuation.

The case argues that the incident represented an attack on the protestors’ First Amendment rights, which includes freedoms of expression, assembly, religion and the right to petition. Lafayette Square in particular has been a traditional location for Americans to exercise their First Amendment rights. In traditional public forums, such as that in Lafayette Square, the government is not supposed to perpetuate viewpoint discrimination; they may not treat protestors differently, regardless of their compatibility, or lack thereof, with the speakers’ viewpoint. 

Protestors gathered in Lafayette Park and were evacuated by law enforcement officials. Source: Chris Watkins via Creative Commons.

And yet this is exactly what we’ve seen. When Trump disagrees with protestors, he labels them anarchists; yet he supported demonstrators who opposed COVID-19 restrictions, even those in Michigan, some of whom came armed. 

To accuse officers of violating constitutional rights is no simple feat, especially those led by the Attorney General. Qualified immunity provides police officers with broad protections. It does not mean a government employee would be completely untouchable, but it does make the process more complex. The plaintiff is supposed to prove the right violated was “clearly established”. But because the term “clearly established” is not explicitly defined, it is left up to interpretation and thus a loophole. 

Democratic lawmakers are currently fighting for police accountability in both chambers of Congress. Specifically, the Justice in Policing Act of 2020 which contains various means of increasing police accountability. 

Police brutality has been a pattern, not isolated events. The lack of police accountability is an issue that pervades communities big and small across the U.S., from the nation’s capital to Dutchess County. In order for police accountability to become a reality, there must be a critical examination of the American justice system.