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Mississippi sheriff aims to avoid liability from federal lawsuit over torture of Black men_我的网站

A | 1月15日：据9to5Mac新闻报道，已知的第一起执法案件发生在几个月前的美国。    JACKSON, Miss. -- The Mississippi sheriff who leads the department where former deputies pleaded guilty to a long list of state and federal charges for the torture of two Black men has asked a federal court to dismiss a civil lawsuit against him. Michael Corey Jenkins and Eddie Terrell Parker were abused in a case of extrajudicial violence that even the sheriff they're suing called the worst case of police brutality he had ever seen. But Rankin County Sheriff Bryan Bailey's attorney argues Jenkins and Parker's $400 million lawsuit against Bailey should be dismissed because the sheriff is entitled to “qualified immunity,” a legal concept that often shields police officers from civil penalties for alleged abuses. Court records show that attorney Jase Dare asked to dismiss the lawsuit on Oct. 6, just one day after a settlement conference was filed with the court. A settlement conference is scheduled when the parties in a lawsuit try to settle a case before trial. On Friday, Jenkins and Parker's attorneys, Malik Shabazz and Trent Walker, called Dare's motion “meritless.”“We believe that the totality of the evidence shows the brutality of the ‘Goon Squad’ was a longstanding problem. The brutality was not just limited to these five deputies, and it’s something that has existed during the entirety of Bryan Bailey’s tenure as sheriff," Walker said. In January, five white former Rankin County deputies and a police officer from a nearby department burst into a house without a warrant after someone phoned one of the deputies and complained that two Black men were staying with a white woman.The officers handcuffed and assaulted Jenkins and Parker with stun guns, a sex toy and other objects. The officers also used racial slurs over a 90-minute period that ended with former deputy Hunter Elward shooting Jenkins in the mouth during a “mock execution.” Then, the officers devised a cover-up that included planting drugs and a gun, leading to false charges that stood against the victims for months. Prosecutors say some of the officers nicknamed themselves the “Goon Squad” because of their willingness to use excessive force and cover up attacks.In March, an Associated Press investigation linked some of the deputies to at least four violent encounters with Black men since 2019 that left two dead and another with lasting injuries. One of those men was Pierre Woods, who was shot and killed by Rankin County deputies in 2019. A family member sued Bailey over Woods' death. Court records show a settlement agreement for an undisclosed amount has been reached through the 5th U.S. Circuit Court of Appeals' mediation program. The settlement still must be approved by a chancery court. At least two of the deputies who shot at Woods, Elward and Brett McAlpin, went on to participate in the illegal raid in January. For months, Bailey said little about the episode. After the officers pleaded guilty to civil rights charges in August, Bailey promised to change the department. In his motion, Dare said Jenkins and Parker do not allege that Bailey personally participated in the events but failed to train the deputies adequately. He said internal department policies show the deputies underwent training that complies with the law. He also said none of the allegations are enough to overcome qualified immunity and hold Bailey liable for the illegal actions of his deputies. The law enforcement officers include former deputies McAlpin, Elward, Christian Dedmon, Jeffrey Middleton and Daniel Opdyke, and a former Richland police Officer Joshua Hartfield, who was off-duty during the assault. They agreed to sentences recommended by prosecutors ranging from five to 30 years, although the judge isn’t bound by that. They are scheduled to be sentenced on Nov. 14. ___Michael Goldberg is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues. Follow him at @mikergoldberg.。联邦调查局要求嫌疑犯用身份证解锁他的手机。然而，在《福布斯》14日的一份报告中，加利福尼亚州一名法官裁定，政府不能强迫人们通过生物识别功能解锁他们的手机，即使他们有命令。

B | 在这起案件中，加利福尼亚州北部地区法院听取了警方的意见，他们正在寻求搜查令，作为Facebook敲诈案的一部分。案件中的受害者被要求支付一笔钱，以避免向公众发布“令人尴尬”的视频。执法当局想用搜查令来搜查他们认为在此案中的嫌疑人的财产。

C | 在一次突袭中，他们试图通过面部识别码和触摸识别码解锁嫌疑人的手机。法官同意警方有逮捕令，但无权强迫嫌疑人通过生物识别技术解锁他们的设备。KandisWestmore法官表示，这一要求“过于宽泛，不能仅限于特定的人员或设备”。值得注意的是，如果执法机关要求更窄的逮捕令，这项特别裁决将来可能会被推翻。然而，更广泛地说，威斯特莫尔法官裁定，即使有逮捕令，也不能强迫嫌疑人通过人脸识别和触摸识别等生物识别技术来解开他们的罪行。法官在裁决中解释说，在解锁手机的情况下，指纹和面部识别与实物证据不同。”如果一个人因为证词交流而不能被强制提供密码，那么他就不能被强制提供指纹、虹膜、面部或其他生物特征识别功能来解锁同一个设备，”法官写道。韦斯特莫尔说，除了在突袭中发现的设备之外，还有其他方法可以访问“不违反第五修正案”所需的数据。这包括访问Facebook和请求访问Facebook信使对话。在去年10月的一份新闻报道中，联邦调查局要求嫌疑犯向iPhoneX展示自己的脸，以解锁手机。当时，《第五修正案》没有保护面部识别和触摸识别。威斯特莫尔法官的裁决将随着时间的推移而生效，理想情况下为用户提供与字母数字密码相同的面部识别和触摸ID法律保护。

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Published on:08:05:51