EXEcunVE TO
OFFICI LS: E
VOL. VI O. 1 DECE SER 7 -13. 1913
ADDRESS CORRECTtO
REQUESTED
BULK RATE u.s.
POSTAGE PAID
B nton Harbor, I 4 22
P mit 0.50
•
•
25e
FL T - A police policy patterned
after state was ruled unconstitut-
ion 1 by federal judge, ho held this
city liable in the controversial 1980
police ooting death of Billy Taylor,
Jr. '
Drawin on a recent landmar deci 'on
of the 6th Ll.S, Circuit Court of Appeals
in Cincinnati, U.s. District Judge Ste art
A. ewblatt ruck down policy aIlo -
ing police to u de dly force in ppre­
hending fleeing su ects in nonviolent
felony crime .
ewblatt's deci 'on carne in a ong­
ful-death civil rights it filed by the
father of the 15-year-old Taylor, an
unarmed burglary sped ot to death
by police on July 8, 1983, whit running
from the ne of a bre -in at an un­
occupi d hou o,n the city' north . e .
e blatt ruled that the city mu
pay damage to the family be u the
city's policy t the time on police u
of deadly force violated the Fourth
Amendment prohibition again ill al
police searches and izures,
Although the constitutionality of
common la fleeing-felon policies fir t
came under direct question early
as 12 months after the Taylor shooting,
e blatt's ruling i the first to apply
the new court tandard in ichig n.
La enforcement officials believe
it will likely hav tewide impact on
police procedures nd pending civil
rights suit involving police shootings
of burglary suspects,
The court dec' 'on ould still permit
police to u deadly force to prevent
the e pe of murder, rape and ult
suspects and to protect them lve and
other from the thre t of death.
The act' n of officer Jerry Collin ,
ho 0 Taylor, and Durbin, ere not
dre dine blatt's decisi n.
December jury trial is scheduled to
determine hat, if any, liability they
have in Taylor's death.
The highly publicized ting by
Collin � ho' white, of Taylor, ho
as B�c, t off angry outcries of
police brutality in the Bl c community
and r ed reform mea res in training
police.
A ne , more r rictive city policy
go ning the u of deadly force by
police had been appro ed months e rli er
by the poli e union but asn't imple­
mented by the ci y dministration until
, d ys fter the Taylor ooting.
That policy pp ently fall 'thin
guideline ultimately decided by the
court t June but fore ado ed in
an earlier deci 'on in Jun 1979.
blatt wrote that h d the city'
attorneys in 1979 udied recent court
de "on of the tim the fleein -felon
rul ould have likely b en m difi d
before the Taylor 00' •
The e bl t ruling relied eavily
on t judici deci 'on by the
U.s. Circuit Court of ppe
T no , G
Police.
T initial June 1979 deci ion nt
out clear' th t the common I
policy allowing poli ootin of
unarmed Ileein felons
tional trouble blatt
opinion.
d deci . on in G mer came
d landmar rutin
fed ral trial judge' dismi
wrongful death civil right it
ain t e City of mphis. Th court
then flatly d Jared th common I
fleeing-felon rule unconstituti n .
Imposin de dly threat-deadly f rce
d d J the appellate court panel said
the u of de dly force by polk "may
be ju 'led. .. if a spect com­
mitted a . 1 nt crime or if they h e
prob ble c u to belie th t he i
armed or th t he will enda er the
phy 'cal fety of other if not captur d.
Polic the court held mu e an
"obiecti , rea n b . b . in f ct to
believe that the felon i dan erou or ha
committed a . lent crime' before
using d dry force to op the n.�_r�
from fleeing.
Police uncertainty of ituation
the court id it i not enough to allo
Co· 3
All church n announce-
ment ori pre reI s nd
ad erti ment for the December
21 and December 28 edition of
The Citizen mu b submi ted
by 5 p.m. Friday, Decemb r 16.
Thi Iy deadlin ill 1I0
th aff to celebrate the id y
ith their famille. Your pera-