Policing in America
Civilian Oversight as a Police Accountability Mechanism
Brett Raffish Wed, Feb 17, 2021, 3:00 PM
What is civilian oversight? What are the new ballot initiatives aimed at bolstering that oversight?
Latest in Policing in America
Policing in America
Executive Actions on Policing and Criminal Justice
Victoria Gallegos Mon, Feb 1, 2021, 3:41 PM
Lawfare is compiling a selection of executive actions taken by President Biden to implement his administration’s policies on policing and criminal justice.
Policing in America
Court Upholds Legal Challenge Under California Statewide Stingray Law
Mailyn Fidler Tue, Jan 5, 2021, 8:01 AM
A California state court issued a final decision regulating government agency use of devices that can be used to locate and track cell phones.
Policing in America
Qualified Immunity and the Plea for Accountability
Paul Stern Mon, Dec 21, 2020, 8:01 AM
Lawmakers focused on revamping civil rights litigation must be as focused on remedies law as they are on privileges and immunities if they hope to accomplish transformational change.
Policing in America
Municipal Liability in Police Misconduct Lawsuits
Brett Raffish Mon, Oct 19, 2020, 11:43 AM
The Monell doctrine allows plaintiffs to sue an officer’s municipal employer for promulgating unconstitutional policies or practices that precipitate officer misconduct. But is it due for reform?
Policing in America
Four Obstacles to Local Surveillance Ordinances
Mailyn Fidler, Lily Liu Fri, Sep 4, 2020, 9:00 AM
Our research reveals common traits that thwarted municipal efforts to establish local civilian control over law enforcement surveillance.
Policing in America
Fourteen Places Have Passed Local Surveillance Laws. Here’s How They’re Doing.
Mailyn Fidler Thu, Sep 3, 2020, 8:01 AM
These procedures show promise as a complement to judicial oversight, but cities could do more to stop vendors from shielding surveillance tools from scrutiny.
Policing in America
Measurement Matters: The Key to Police Reform
Ava J. Abramowitz, Catherine Milton Tue, Aug 25, 2020, 11:03 AM
More and more Americans agree that policing needs rethinking. Picking new police performance metrics would be a good first step.
Federal Law Enforcement
Unpacking DHS’s Troubling Explanation of the Portland Van Video
Andrew Crespo Sat, Jul 25, 2020, 10:29 AM
The deputy director of the federal law enforcement agency currently deployed to American cities appears not to know where the essential legal lines are that mark the bounds of lawful police authority. That’s a huge problem.
Policing in America
Hold Police Accountable by Changing Public Tort Law, Not Just Qualified Immunity
Paul Stern Wed, Jun 24, 2020, 11:34 AM
To the extent that public tort law can serve as a viable mechanism for law enforcement accountability, revamping tort claims acts, including statutory privileges and indemnification regulations, may serve as a greater vehicle for reform than eliminating qualified immunity.