Four years after two sisters recounted an incident where they were mistreated and arrested by police officers for speaking out against their use of foul language, they are finally receiving some form of justice from the city of Poughkeepsie. However, it is important to note that the level of justice provided in such settlements often falls short of complete resolution.
Recently, the city agreed to a $400,000 settlement in a civil rights lawsuit brought forward by the girls’ mother. While this sum is not insignificant, it does not come with an admission of wrongdoing, which would provide some restitution for the intangible damages caused by police brutality – damages like a loss of trust in authority and a diminished sense of safety in the presence of law enforcement.
Jamelia Barnett and Julissa Dawkins, who were 15 and 12 years old respectively at the time, were mere observers of a fight between students that took place in March 2019. According to their mother’s civil rights lawsuit, despite the fact that the fight had already ended, the officers on the scene directed profanity-laced commands at the children. In response, the girls reciprocated with foul language. When the police attempted to arrest the younger girl, she did not comply, and as alleged in the lawsuit, an officer physically dropped her to the ground. When her sister tried to intervene, she too was forcibly thrown to the ground and rendered unconscious. The lawsuit also claims that the police attempted to coerce the girls into providing false statements.
The police, on the other hand, provided a different account of the incident, contending that Ms. Barnett had physically pushed one of the officers and did not lose consciousness or request medical attention. The city further asserted that there was no concrete evidence to support the claim that the officers used profanity.
As part of the settlement, the charges against the girls were dropped. However, the lack of acknowledgement by the city regarding any wrongdoing leaves a great deal to be desired. This absence of accountability paints a bleak picture of civic education and is unfortunately a recurring theme in such cases.
One can recall a similar scenario in Schenectady, where the city paid $1.5 million to the widow of Joshua Scism. Scism was fatally shot by a police detective in 2016 after interrupting an undercover drug buy near his home. Once again, there was no admission of fault, with Police Chief Eric Clifford describing the settlement as a “business decision.”
Another instance occurred in Troy in 2021 when the city reached a $1.55 million settlement in a civil rights lawsuit filed by the family of Edson Thevenin. Thevenin was fatally shot by a police sergeant in 2016 after allegedly fleeing a DWI stop. Once again, there was no admission of liability, and the city referred to it as a “business decision.”
Albany also witnessed a similar pattern, where the city agreed to pay $35,000 to three men falsely arrested on drunken driving charges in 2013, with their lawsuits also alleging excessive force by the police. Yet again, the city did not admit any liability.
If the ongoing national discussion on systemic bias within law enforcement has taught us anything, it is that acknowledging and reconciling the truth can significantly contribute to fostering greater trust between communities and the police. The persistent denial showcased in these settlements only serves to undermine this objective.
It is one thing for private parties involved in a civil action to agree not to accept responsibility. However, it is an entirely different matter when governments use taxpayer dollars to pay out large sums of money without taking accountability and addressing the issue at hand. To evade liability is to evade responsibility, not only for past injustices but also for those that may arise in the future because no lessons have been learned.
Those who have experienced brutality deserve more for their pain, and survivors deserve better for their suffering. Moreover, the public deserves better for the funds it provides.
In conclusion, it is imperative that we strive for a more just and accountable society, where the acknowledgment of wrongdoing is not only a symbolic gesture but also a catalyst for meaningful change.
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