Dismantling the Thin Blue Line through De-escalation and the Duty to Intercede
In the wake of George Floyd’s murder the demand to defund the police and end systematic racism has become ever louder, and as a result many citizens across the country have joined the call to hold our police accountable. Here too, in our local community of Eugene, an Ad Hoc Committee, composed of representatives of marginalized communities, have been working for the last year to compile a report on recommendations to the City Council on ways to reform our police and policies.
The oath of office for the police is to swear to support the Constitution of the United States, their sworn state, and the Laws thereof and to faithfully, honestly, and impartially discharge the duties of a Police Officer. Unfortunately though, there are no specific duties of a police officer and in fact there is no guarantee of personal protection by the police within our Constitution. There also is no requirement for the cops to intervene when they witness someone, including other officers, causing personal harm to civilians, including acts of murder.
The truth is, cops are not required to protect us.
So who do they protect? Well, truthfully, cops protect cops. If you do any research into the history and roles of the police you find a consistent and intentional effort to make cops the “good guys” and everyone else the “bad guys”. In fact, the duty to intervene originally only required officers to intervene when someone was causing harm to another officer, or someone in their care. Meaning someone who has been arrested and is under their control; but stepping across that thin blue line when it’s another cop causing harm has major risks.
One officer would find this out the hard way. In 2008 Cariol Holloman-Horne, a Black female officer, was terminated for intervening when she witnessed another officer beating and choking a handcuffed, also Black, man who was already taken into custody. The moment she intervened she was attacked by the provoking officer and punched in the face. The other officers on scene pulled Cariol away and blamed her for the assault. She was ultimately terminated from her job, two years before retirement, which resulted in tremendous hardships for her and her family. The other cop who assaulted Cariol, a white officer, would later be jailed for assaulting four Black teens.
Cariol remained resilient in her duty to uphold the law through the courts and though it took over 12 years Cariol won her case and Cariol’s Law has now been passed by the City of Buffalo. It was put into effect on April 13th 2021. This new law requires cops, whether on duty or not, to stop any abuse of force by a fellow law enforcement officer, and failure to intervene will be subject to “criminal reprehension and termination.” This law also protects those officers who do decide to cross the thin blue line of silence from retaliation.
If the City of Buffalo can reform their police and change policies then so can the City of Eugene. It is vital that we as citizens urge our council members to support and implement the recommendations created by the Ad Hoc Committee on Police Policy. Our civil duty demands that we hold police accountable as peace officers charged with community well being at all levels, local, state, and federal, to ensure safety for the entire community.
Eugene has in fact been working for a number of years to reform police policies. Policy 800 defining the Use of Force was adopted on Oct 15th, 2014 and Policy 820 defining de-escalation was adopted on March 2, 2018. The Ad Hoc Police Policy Report includes recommendations to the city council to change the rhetoric of the policies which would help hold our police accountable to their new oath of office adopted on July 12, 2019.
Contained within the use of force policy is the duty to intercede along with the explanations about why force is used and how it should be applied and it currently states:
Use of Force 800.1 PURPOSE AND SCOPE This policy recognizes that the use of force by law enforcement requires constant evaluation. Even at its lowest level, the use of force is a serious responsibility. The purpose of this policy is to provide officers of this department with guidelines on the reasonable use of force. While there is no way to specify the exact amount or type of reasonable force to be applied in every situation, each officer is expected to use these guidelines to make such decisions in a professional, impartial, and reasonable manner. This policy is intended to be used in concert with other department policies related to use of force.
800.1.1 PHILOSOPHY The department recognizes and respects the value of all human life and dignity without prejudice to anyone. It is also understood that vesting officers with the authority to use reasonable force and protect the public welfare requires a careful balancing of all human interests.
The use of force by law enforcement personnel is a matter of critical concern both to the public and to the law enforcement community. Officers are involved on a daily basis in numerous and varied human encounters and, when warranted, may be called upon to use force in carrying out their duties.
Officers must have an understanding of, and true appreciation for, the limitations of their authority. This is especially true when officers must overcome resistance while engaged in the performance of their duties.
Eugene Police Department Policy 800 — Use of Force (Published 101514) Page 2 While it is the ultimate objective of every law enforcement encounter to minimize injury to everyone involved, nothing in this policy requires an officer to sustain physical injury before applying reasonable force
800.1.2 DUTY TO INTERCEDE AGAINST EXCESSIVE FORCE Any officer present who observes another officer using force that is clearly beyond that which is objectively reasonable under the circumstances shall, when in a position to do so, intercede to prevent the use of such excessive force. Officers witnessing excessive force will also report these observations to a supervisor immediately.
As written these policies propagate systemic issues within our police department which allow for individuals given a badge of authority to use their own “reasonable judgement” regarding application of force, even deadly, and whether or not to intervene when abuse of force is used. There is also no definition regarding “unreasonable force”, nor does the collective bargaining agreement between the City and the Eugene Police Employees Association allow for accountability and justice to be served when officers break the law.
The Ad Hoc Committee on Police Policy worked for a very long time reading and fully understanding these policies as they are now, and how they affect our citizens, especially those most harmed by systemic racism. They have listened to many voices to come to agreement on how to improve these policies in an effort to reduce the harm caused by the police. Included in their recommendations are amendments with definitions of “unreasonable force”, rephrasing the duty to intercede to make it clear that cops are required to intervene, even when it’s not convenient. Even if they risk injury or death. Just like Cariol’s Law because too often it’s an officer who needs to be de-escalated, requiring other cops to step across the thin blue and de-escalate their fellow officer instead of remaining silent in fear of losing their job. The AHCPP also wants to make it clear that de-escalation tactics should be used first for every interaction between private citizens and public law enforcement employees (UF-100, UF-101, UF-102).
Please join us in support by making a personal statement urging the Eugene City Council before, or during the July 19 meeting, to make positive changes by implementing these recommendations created by the AHCPP for a safer future for everyone.
To learn more about the Ad Hoc Police Policy Report and ways you show your support please continue reading Action Alert #2: Support Short-Term and Long-Term Change in Local Policing.
Article authored by Mary, LTE/Messaging Committee
