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House Co-Sponsorship Memoranda
House of Representatives
Session of 2013 - 2014
Regular Session
MEMORANDUM
| Posted: | September 11, 2014 03:48 PM |
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| From: | Representative Vanessa Lowery Brown |
| To: | All House members |
| Subject: | Concurrent Resolution - Urging Commonwealth Law Enforcement Agencies to Adopt Departmental Policies Prohibiting the Use of All Choke Hold Techniques |
| In the near future, I plan to introduce a concurrent resolution urging our Commonwealth’s law enforcement agencies to adopt departmental policies that would prohibit the use of all choke hold techniques. The initial impetus for this measure was the recent death of a 43 year old New York City resident, Mr. Eric Garner, who was killed as a result of a choke hold being applied against him by an arresting NYPD officer. For the sake of context, it is important to underscore that the underlying offense that Mr. Gardner was accused of committing was graded as low-level non-violent misdemeanor (selling loose cigarettes). This is significant because our nation’s highest judicial body, the United States Supreme Court, has ruled that deadly force may only be utilized to prevent escape when a law enforcement officer has probable cause to believe that a suspect poses a threat of serious harm to either himself/herself or the public (See: Tennessee v. Garner, 471 U.S. 1 (1985)). Additionally, the Court ruled in separate matter that the use of deadly force must meet the standard of being objectively reasonable and should be predicated upon the totality of the circumstances confronting the officer (See: Graham v. Connor, 490 U.S. 386 (1986)). Most, if not all of us, had the chilling experience of witnessing the fatal incident involving the late Mr. Garner due to it being recorded via cell phone by a bystander. In doing so, what was patently clear about the incident was that based upon the totality of the circumstances involving Mr. Gardner’s arrest, at no point in time did he pose either a perceived or real threat to either the arresting officers or the public --- yet the use of deadly force was perpetrated against him. Fatalities resulting from use of choke hold techniques are not exclusive to New York City. Both death and severe injuries have occurred in many states and localities all across the country. These occurrences have resulted in a multitude of civil suits being filed against local police departments, oftentimes successfully. This has prompted dozens of police departments and several states to undertake efforts to institute policies and laws to prohibit and/or restrict the use of choke holds by law enforcement officers. Law enforcement agencies have been particularly receptive to this notion, especially in light of the fact that with the advent of alternative non-lethal technologies, such as pepper spray, water cannons, flash grenades, blunt impact projectiles and Tasers, their officers are now afforded with a more safe and expedient means by which to subdue a suspect. Lastly, as the proud daughter of a former Philadelphia police officer, I know first-hand how important it is to see that our officers return home safe and sound. Therefore, please know that the sole purpose of this concurrent resolution is simply to attempt to further bridge the gap between our Commonwealth’s law enforcement officers and the citizens that they have sworn to serve and protect. Should you wish to realize this same objective, I ask that you please join me as a co-sponsor of this measure. For more information concerning this legislation, please review the attachment or contact Mr. Brandon J. Flood at (717)772-6955 or bflood@pahouse.net. |
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| View Attachment | ||