​Three Charlotte cops have resigned and three more are facing termination after a Flock probe uncovered a text chain littered with racist messages, religious and sexual bias and a reported competition over who could arrest the most black people.

The group chat came to light after Charlotte-Mecklenburg Police Department (CMPD) officer Seth Elliott was caught using Flock's database to out an undercover cop to his drug dealer friend, which sparked an investigation by the North Carolina State Bureau of Investigation (NCSBI).

When questioned by the NCSBI, Elliott, who has since resigned, admitted he ran the plate but denied knowing that it belonged to an undercover officer. He told agents that his friend had reached out to ask if Elliott could help identify a strange person hanging out around his father's business, so Elliott ran the plate through Flock's database.​ According to reporting from the Watauga Democrat, the NCSBI arrested Elliott in July and charged him with " illegally accessing a government computer, a Class 1 misdemeanor."

During its investigation into Elliott, the NCSBI downloaded data from his phone, which it turned over to the CMPD, where a subsequent review uncovered the racist text thread. ​According to anonymous sources who spoke to Charlotte's WBTV, the group chat included "numerous uses of the 'n-word' related to use of force and discharging firearms at black residents," and a competition to see who could arrest the most black people. In one text reportedly written by a member of the group, an officer said, "Our texts sound like a clan [sic] rally," according to a message reviewed by WCNC Charlotte, a local NBC affiliate. At a press conference on Thursday, CMPD Police Chief Estella Patterson said that an independent chain-of-command board unanimously voted for the officers' termination. Three have already resigned and the other three she "hopes to refer to as former employees."

The fallout won't end there. Every case these officers touched could now be called into question, and for good reason. In Giglio v. United States (1972), the Supreme Court ruled that prosecutors must disclose information that could undermine the credibility of a government witness or law enforcement officer. Mecklenburg County District Attorney Spencer Merriweather will have to examine the messages and determine whether their word as witnesses can still be trusted. Depending on his decision, this could lead to dropped cases and challenges to prior convictions.

Defense attorney Tim Emery weighed in, telling WBTV that the officers' "credibility is severely questioned and compromised," and that the district attorney's office should consider halting cases in which the officers were heavily involved.

Police abuse of Flock and other automatic license plate readers (ALPRs) is not new. The Institute for Justice, a libertarian public interest law firm, has cataloged over 200 instances of ALPR abuse at the hands of the police since 2018. In the last year alone, officers have been caught using ALPRs for everything from pursuing personal grudges to stalking exes and romantic interests. This time, the victim of Flock misuse was an undercover officer rather than a civilian.

The post 3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People appeared first on Reason Magazine.

A Missouri judge who locked two children in jail cells because he was frustrated by their resistance to a parental custody decision is liable for violating their Fourth Amendment rights, a federal appeals court ruled this week. The U.S. Court of Appeals for the 8th Circuit rejected Taney County Judge Eric Eighmy's claim that he was shielded by qualified immunity, a doctrine that blocks federal civil rights claims unless they allege a violation of "clearly established" law.

"A reasonable judge should have known better," Judge David Stras writes in an opinion joined by the two other members of the 8th Circuit panel. "The law was 'clearly established' enough" to "place the issue 'beyond debate.'"

Institute for Justice attorney Dylan Moore, who wrote an 8th Circuit brief arguing against immunity for Eighmy and participated in oral arguments, welcomed the decision. "Every reasonable person knows that a judge can't throw children in jail for no good reason," he said. "Yet Judge Eighmy claimed qualified immunity shielded him from accountability anyway because no prior case told him that imprisoning innocent kids is unconstitutional. That defense is ridiculous, and we are thrilled that the court saw through it. When government officials commit such obvious constitutional violations, qualified immunity should never enter the picture."

The incident at the center of the case happened after an October 2019 custody hearing involving Kadan Rockett, then 14, and his 12-year-old sister, Brooklyn, who had achieved a modicum of fame as magicians performing on America's Got Talent. Their divorced parents, Bart Rockett and Kami Ballard, agreed that Ballard, who at that point lived in Missouri, would have primary custody of the children, while Rockett, who was living in California, would be "responsible for them at the beginning of each month and 'during TV pilot season.'" But Kadan and Brooklyn did not want to go home with their mother, which led to an argument in the lobby of the courthouse.

Eighmy intervened, telling Kadan and Brooklyn to come with him to a conference room, where he informed them that they had to leave with Ballard. "The children would not budge, even after the judge mentioned that the other option was foster care," Stras notes. "Frustrated, Judge Eighmy had the children follow him again, this time to a waiting area in the courthouse's juvenile division." A few minutes later, Eighmy "led them down a hallway to two holding cells."

Outside the cells, Eighmy again threatened Kadan and Brooklyn with foster care, but they were still unmoved. "Lock them up," the judge told an officer, who "patted them down and ordered them to remove their socks and shoes" before confining them in separate cells.

It is not clear exactly how much time Kadan and Brooklyn spent in the cells. The Institute for Justice says "about an hour," while Stras says "the time spent in the holding-cell area was between twenty and forty minutes." In any case, the children's respect for Eighmy's authority had improved by the time he came back. He "asked them one more time whether they would leave with their mother," Stras writes. "This time, they both nodded yes, so he let them go."

In June 2021, Rockett, the children's father, sued Eighmy on their behalf under 42 USC 1983, which authorizes claims against state or local officials who violate constitutional rights under color of law. In his motion to dismiss the lawsuit, Eighmy argued that he was protected by judicial immunity, which is absolute with respect to a judge's official duties. U.S. District Judge Douglas Harpool disagreed, and the 8th Circuit affirmed that ruling in 2023, noting that Kadan and Brooklyn were beyond Eighmy's contempt power because they were not parties to the custody case and that "judges do not do double duty as jailers."

Eighmy reiterated his judicial immunity claim in a motion for summary judgment, and Harpool rejected it again. After the trial began, Eighmy claimed qualified immunity twice, once after all the evidence had been submitted and again after the jury's verdict in favor of Kadan and Brooklyn. Harpool denied him that defense both times.

The jury ultimately awarded Kadan and Brooklyn $5,000 each in damages, and Harpool added about $327,000 in attorney fees. Eighmy appealed again, reiterating his judicial immunity claim. But the appeals court ruled that he had abandoned that argument by failing to raise it during the trial or after the verdict. So Eighmy was left with qualified immunity, which the appeals court said he did not deserve.

Eighmy clearly violated the Fourth Amendment's prohibition of unreasonable seizures, Stras says, because he "did not have 'probable cause to believe that [the children had] committed' an offense, much less one that justified placing them in a holding cell. Rather, their only misdeed was one every parent knows well: resisting authority. Even in the context of legal-custody proceedings, refusing to leave with a parent is not a jailable offense. Nor were there 'exigent circumstances' arising out of danger to themselves or others."

Did Eighmy's authority as a judge give him extra leeway? Nope. "Criminal contempt was off the table because the children were neither parties to the custody case nor present inside the courtroom," Stras notes. "Nor could the power to punish a party for violating an injunction have provided the justification, given that Judge Eighmy never issued one."

Eighmy's motive for jailing the children does not change that analysis. "We have no doubt that Judge Eighmy believed he was acting in 'good faith,' and possibly even in the children's best interests, by detaining them," Stras writes. "But good faith in the Fourth Amendment context is about reasonable reliance, either on binding appellate precedent or a warrant issued by a 'neutral magistrate.'"

What about Eighmy's argument that he had no way of knowing his actions were unconstitutional? "The law in this area" was "clearly established," Stras says. "'[I]t would have been sufficiently clear [to] every reasonable official,' Judge Eighmy included, that locking up two children for refusing to follow directions violated the Fourth Amendment. As we put it over a decade and a half ago, long before the events in this case, '[i]t is clearly established that a warrantless arrest, unsupported by probable cause, violates the Fourth Amendment."

That principle was so well established, in fact, that Kadan and Brooklyn, neither of whom had attended law school, took it for granted. "I don't know how you have a right to lock us up," Kadan told Eighmy when he threatened to jail them, according to Rockett's amended complaint. "We have done nothing wrong." The complaint says Brooklyn raised the same point. "How can you just lock up kids?" she asked. "This isn't legal. We've done nothing wrong."

Given Eighmy's obvious disregard for Kadan and Brooklyn's Fourth Amendment rights, "we are not concerned about the lack of a prior case" with "fundamentally similar" facts, Stras says. "Indeed, given how clear the law is, it would have been surprising to find one." He quotes an observation that Supreme Court Justice Neil Gorsuch made as a 10th Circuit judge: "Sometimes the most obviously unlawful things happen so rarely that a case on point is itself an unusual thing."

The post The 8th Circuit Rejects Qualified Immunity for a Judge Who Jailed 2 Kids for 'Refusing To Follow Directions' appeared first on Reason Magazine.

Eve Livingston sensitively draws us into the worlds of two women who share a similar past: abusive partners who committed suicide. Through powerful scene‑setting, we’re there when each woman hears the news, and we feel the complex emotions these deaths provoke. This is a difficult, complicated subject—not often tackled. Livingston bravely shines a light on how, in these particular circumstances, suicide can bring both grief and relief.

Things started as they so often do: he was older, professionally successful in a similar field to Siri’s, and there was something “magnetic” about him. There was also, she came to realise, a darkness beneath the surface. A tragic bereavement in his past had left him struggling with his mental health, something which immediately evoked sympathy in Siri and made him seem a deeper and more sensitive person, qualities she was drawn to. At the beginning of their relationship, he would often turn up uninvited to her home or events she was attending, or bombard her with messages — behaviour she now views as stalking, but found flattering in those hazy early days of a new relationship.