Resisting Arrest – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 Cop Bodyslams South Carolina Student For Refusing to Leave Classroom https://legacy.lawstreetmedia.com/news/cop-bodyslams-spring-valley-student-refusing-leave-classroom/ https://legacy.lawstreetmedia.com/news/cop-bodyslams-spring-valley-student-refusing-leave-classroom/#respond Wed, 28 Oct 2015 14:57:24 +0000 http://lawstreetmedia.com/?p=48820

A viral video captured the whole thing on tape.

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Image courtesy of [Alan Cleaver via Flickr]

A South Carolina sheriff’s deputy is under investigation after a video went viral Monday showing him violently bodyslam a female Spring Valley High School student after she refused to leave a classroom.

Senior Deputy Ben Fields reportedly ordered the girl out of her seat saying, “either you’re coming with me, or I’ll make you.” Then in the shaky 15-second video, he appears to place her in a headlock, flip her out of her desk, and then drag her several feet across the classroom floor.

Watch Videos of the Assault Below

In an interview with USA Today, Tony Robinson Jr., a student at Spring Valley High School who captured video of the incident, said the girl involved “really hadn’t done anything wrong.” According to him, the teacher had accused the girl of having her phone out during class. When the teacher asked for the phone, the girl said “no,” resulting in an administrator being called to the room. The administrator then pleaded with the girl get out of her seat, but she refused. That’s when Fields entered the classroom and things got physical. Robinson said,

I’ve never seen anything so nasty looking, so sick to the point that you know, other students are turning away, don’t know what to do, and are just scared for their lives. That’s supposed to be somebody that’s going to protect us. Not somebody that we need to be scared of, or afraid.

Watch Robinson’s Interview Below

The unidentified female student was charged with disturbing school before being released into the custody of her parents. Fellow student Niya Kenny, 18, was also charged after she stood up for the girl.

Several outlets initially reported that the female student did not suffer any physical injuries from the arrest, however, her lawyer Todd Rutherford told ABC’s “Good Morning America” on Wednesday that she actually suffered several. Rutherford said,

She now has a cast on her arm, she has neck and back injuries. She has a Band-Aid on her forehead where she suffered rug burn on her forehead.

According to USA Today, Richland County Sheriff Leon Lott Fields has enlisted the Federal Bureau of Investigation and U.S. Department of Justice to conduct a thorough investigation of Monday’s incident. The Columbia FBI Field Office’s Civil Rights Division and the U.S. Attorney’s Office for the District of South Carolina will be tasked with deciding whether or not the African-American student’s civil rights were violated. In the mean time, Fields has been placed on paid administrative leave pending the investigation’s results.

But from the looks of it, Fields has a history of civil rights complaints from civilians. In a pending civil rights lawsuit stemming from a February 2013 incident, former Spring Valley student, Ashton Reese, stated Officer Fields “unfairly and recklessly targets African-American students with allegations of gang membership and criminal gang activity.” And in 2007, a couple accused Fields of excessive force and battery along with two other officers, after they responded to a noise complaint at their residence. However, in 2010 a jury ruled in favor of the deputies, and the couple lost a subsequent appeal.

Outraged supporters of the female student have flocked to social media with the help of the trending hashtag, #AssaultAtSpringValleyHigh to express their disgust over the violent assault.

The ACLU, Reverend Jesse Jackson, and Democratic presidential candidate Hillary Clinton also voiced their outrage.

It will be interesting to see if other celebrities and politicians choose to comment publicly on the arrest, but many people are already agreeing with Rev. Jackson, and think the officer should be sued. Hopefully the FBI and DOJ will be able to provide more information in the following weeks.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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San Francisco Public Defender Arrested While Defending Client https://legacy.lawstreetmedia.com/blogs/crime/san-francisco-public-defender-arrested-defending-client/ https://legacy.lawstreetmedia.com/blogs/crime/san-francisco-public-defender-arrested-defending-client/#comments Tue, 03 Feb 2015 19:53:15 +0000 http://lawstreetmedia.wpengine.com/?p=33595

Public Defender Jami Tillotson was arrested for resisting arrest while defending her client's right to counsel.

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Image courtesy of [thisisbossi via Flickr]

Public defenders don’t always have the best reputation. TV shows sometimes portray them as being fresh out of law school, inexperienced, and not dedicated to their clients–essentially the type of person you don’t want defending you in any legal capacity. In reality, many are dedicated veterans of the courtroom, and Jami Tillotson is a prime example. In fact, the long-time public defender was arrested January 27, 2015 for sticking to her job–defending her client. The entire scene was caught on two cellphone videos recorded by other attorneys present.

In the videos, Tillotson is seen standing next to her client and another man outside of a San Francisco Hall of Justice restroom, refusing to let their pictures be unlawfully taken. While trying to protect her client’s right to counsel she was arrested for “resisting arrest” (if that’s even a thing) by a plainclothes police officer, Sergeant Inspector Brian Stansbury. There was no mention of any other charge for her to even resist being arrested for, but when cops threatened her with arrest, she calmly replied, “Please do.”

The day of the incident Tillotson was in a courtroom representing her client on an unrelated misdemeanor theft charge, when she heard he and another man were being questioned by a group of police in the hallway, even though her client obviously had representation. Police were instructing her client how to pose for a photo when she intervened. She was well within her rights to do so on behalf of her client’s Fifth Amendment rights. Police didn’t see it that way though. Of course, after she was taken away in handcuffs their photos were taken anyways.

If you haven’t seen the cellphone footage of her arrest yet, you can watch the injustice below.

Apparently this isn’t the first time Sergeant Stansbury has used force to get his way. He was part of a 2013 federal civil rights lawsuit by a black San Francisco PD officer alleging racial profiling. In that case, Officer Lorenzo Adamson was stopped for not having a license plate when Stansbury immediately asked him if he was on probation or parole (because if you’re black you must be on one or the other), leading Adamson to believe that he was being racially profiled. Adamson was then choked and thrown to the ground by another police officer all the while repeating, “I’m a cop!”

Since Tillotson’s arrest video was uploaded to YouTube, her case has gone viral. Many are hailing her as a hero against this type of police intimidation and bullying, as well as questioning the legitimacy of her arrest. Stansbury might have just misspoken, intending to say “obstruction of justice” instead of “resisting arrest.” Either way, obstruction of justice and resisting arrest are charges abused far too often by police as a means to get their way or exert an alpha mentality.

David L. Carter, a criminology professor and former police officer, told NPR that police sometimes feel they have to arrest someone in order to “save face.” He also said some unjustified arrests also stem from officer fatigue when dealing with challenging members of the public, especially in protest situations. While Carter offers up some plausible reasons, it’s not the intent behind the injustice that matters; it’s the fact that there was even any to begin with.

Tillotson spoke about the arrest in a press conference last week, saying:

I was arrested for what we do as public defenders every day. I asked questions. I talked to my client and explained to him his rights. At that point, I was told I was interfering and taken into custody.

Her willingness to be taken away in cuffs is striking–it wouldn’t be surprising if she filed a civil suit against Stansbury and the other officers involved. While the current status of Tillotson’s case is unclear, one thing is certain; she will continue to defend her clients by any means necessary.

Alexis Evans
Alexis Evans is an Assistant Editor at Law Street and a Buckeye State native. She has a Bachelor’s Degree in Journalism and a minor in Business from Ohio University. Contact Alexis at aevans@LawStreetMedia.com.

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