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Police Violence, Use of Force Policies, and Public Health

Published online by Cambridge University Press:  06 January 2021

Osagie K. Obasogie
Affiliation:
University of California, Berkeley; Yale University; Columbia Law School
Zachary Newman
Affiliation:
Haas Institute for a Fair and Inclusive Society, University of California, Berkeley; University of California, Santa Cruz; University of California, Hastings College of the Law

Abstract

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Type
Articles
Copyright
Copyright © American Society of Law, Medicine and Ethics and Boston University 2017

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References

1 We employ the term “police violence,” as opposed to police brutality or another similar term, because we believe this to be a systemic, generalized problem, not one that is individuated and momentary. In addition, by “violence,” we mean the “intentional use of physical force or power, threatened or actual, against oneself, another person, or against a group or community, that either results in or has a high likelihood of resulting in injury, death, psychological harm, maldevelopment or deprivation.” World Health Organization [WHO], World Report on Violence and Health, at 4 (2002), http://www.who.int/violence_injury_prevention/violence/world_report/en/summary_en.pdf.

2 See, e.g., Krieger, Nancy et al., Trends in US Deaths Due to Legal Intervention Among Black and White Men, Age 15-34 Years, by County Income Level: 1960-2010, 3 Harv. Pub. Health Rev. 1 (2015).Google Scholar

3 See Alicia Garza, A Herstory of the #BlackLivesMatter Movement, The Feminist Wire (Oct. 7, 2014), http://www.thefeministwire.com/2014/10/blacklivesmatter-2/; see generally Jeff Chang, We Gon’ Be Alright 3 (2016) (“Race makes itself known in crisis, in the singular event that captures a larger pattern of abuse and pain. We react to crisis with a flurry of words and, sometimes, actions…. The cycle turns next toward exhaustion, complacency, and paralysis. And before long, we find ourselves back in crisis.”).

5 Marcus, Nancy, From Edward to Eric Garner and Beyond: The Importance of Constitutional Limitations on Lethal Use of Force in Police Reform, 12 Duke J. Const. L. & Pub. Poly 53, 106 (2016)Google Scholar (“The collective conscience of this nation has driven a nationwide policing-reform movement to remedy the abuses, excesses, and systemic discriminatory practices in American policing…. It can no longer be a common or acceptable practice in this country for police to gun down or otherwise use deadly force against unarmed civilians ….”).

6 See Osagie Obasogie & Zach Newman, Black Lives Matter and Respectability Politics in Local News Accounts of Officer-Involved Civilian Deaths: An Early Empirical Assessment, 2016 Wis. L. Rev. 541, 544 (discussing the representative politics of police violence, specifically in terms of respectability as a valuating process).

7 The National Institute of Justice notes “there is no single, universally agreed upon definition of use of force. The International Association of Chiefs of Police has described use of force as ‘the amount of effort required by police to compel compliance by an unwilling subject.’ Officers receive guidance from their individual agencies, but no universal set of rules governs when officers should use force and how much.” Police Use of Force, Natl Inst. Justice (Nov. 29, 2016), https://www.nij.gov/topics/law-enforcement/officer-safety/use-of-force/pages/welcome.aspx.

8 Id.

9 When we use the term “public health,” we are referring to that which “promotes and protects the health of people and the communities where they live, learn, work and play.” What is Public Health? Am. Pub. Health Assn, http://apha.org/what-is-public-health.

10 See e.g., DeRay McKesson et al., Campaign Zero, Police Use of Force Policy Analysis (2016), available at https://static1.squarespace.com/static/56996151cbced68b170389f4/t/57e1b5cc2994ca4ac1d97700/1474409936835/Police+Use+of+Force+Report.pdf; Samuel Sinyangwe, Examining the Role of Use of Force Policies in Ending Police Violence (2016), https://static1.squarespace.com/static/56996151cbced68b170389f4/t/57e17531725e25ec2e648650/1474393399581/Use+of+Force+Study.pdf; Brandon Garrett & Seth Stoughton, A Tactical Fourth Amendment, 103 Va. L. Rev. 211 (2017); William Terrill et al., Final Technical Report Draft: Assessing Police Use of Force Policy and Outcomes (2011), https://www.ncjrs.gov/pdffiles1/nij/grants/237794.pdf.

11 See Garrett & Stoughton, supra note 10; Harmon, Rachel, When is Police Violence Justified?, 102 Nw. U. L. Rev. 1119 (2008)Google Scholar; see also Marcus, supra note 5; John P. Gross, Judge, Jury, and Executioner: The Excessive Use of Deadly Force by Police Officer, 21 Texas J. on Civ. Liberties & Civ. Rts 155 (2016).

12 Harmon, supra note 11, at 1119.

13 Garrett & Stoughton, supra note 10, at 52.

14 See Police Use of Force Project, Campaign Zero (Mar. 30 2016), http://useofforceproject.org/#project.

15 See id.; Sinyangwe, supra note 10, at 2; McKesson et al., supra note 10, at 3.

16 McKesson et al., supra note 10, at 11-13.

17 Id. at 3.

18 Id. at 8-9.

19 Id. at 9.

20 Id.

21 See Garrett & Stoughton, supra note 10.

22 See id.

23 See id. at 29–34.

24 Id. at 52. See also Stoughton, Seth, Law Enforcement’s “Warrior” Problem, 128 Harv. L. Rev. F. 225, 232 (2015)Google Scholar (“Tactical restraint … teaches [officers] to approach every situation in a way that minimizes the threat of having it turn violent ….”).

25 Terrill et al., supra note 10.

26 Id. at iv (“Departments pick and choose, and tweak and adapt, in a multitude of ways – all unfortunately, with no empirical evidence as to which approach is best or even better than another.”).

27 Id. at iii.

28 Id.

29 U.S. Dep’t of Justice, Investigation of the Ferguson Police Department 93 (2015).

30 President’s Task Force on 21st Century Policing, Final Report of the President’s Task Force on 21st Century Policing 1, 2, 19, 21, 87 (2015).

31 See Police Exec. Research Forum, An Integrated Approach to De-Escalation and Minimizing Use of Force 35-38 (2012); Police Exec. Research Forum, Guiding Principles on Use of Force 34-35 (2016).

32 An Integrated Approach to De-Escalation and Minimizing Use of Force, supra note 31, at 36–37.

33 Guiding Principles on Use of Force, supra note 31, at 79.

34 See HPHR Editorial: Racism is a Public Health Problem, Harv. Pub. Health Rev. (2015), http://harvardpublichealthreview.org/hphr-editorial-racism-is-a-public-health-problem/ (“[L]iterature concerning police violence has been sparse and the discourse surrounding these issues has been limited within the public health community.”).

35 Cooper, Hannah et al., Characterizing Perceived Police Violence: Implications for Public Health, 94 Am. J. of Pub. Health 1109, 1109 (2004)CrossRefGoogle Scholar (“While public health researchers have extensively documented multiple health problems associated with physical, sexual, and psychological violence, research regarding the health implications of police violence has stayed at the margins of public health.”); Justin Feldman, Public Health and the Policing of Black Lives, Harvard Public Health Review (2015), http://harvardpublichealthreview.org/public-health-and-the-policing-of-black-lives/ (“Policing is a critically important, but under-acknowledged determinant of health inequities.”); McGregor, Alecia, Politics, Police Accountability, and Public Health: Civilian Review in Newark, New Jersey, 93 J. of Urb. Health 141, 142 (2016)CrossRefGoogle ScholarPubMed (“A growing body of public health literature shows that police-perpetrated violence produces individual and collective trauma through neglect, physical abuse, and sexual abuse.”); Law Enforcement Violence as a Public Health Issue, American Public Health Association (2016), http://apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2016/12/09/law-enforcement-violence-as-a-public-health-issue; David Love, Racial Violence by Law Enforcement a Public Health Problem, CNN (July 7, 2016), http://www.cnn.com/2016/07/07/opinions/racial-violence-police-public-health-problem-love/ (“[T]his violence is a public health issue, one that demands our attention and immediate action.”).

36 Cooper et al., supra note 35, at 1109, 1109 (2004) (“[T]he small but important body of work addressing police violence begins to provide an outline of its repercussions.”); Feldman, Justin M. et al., Temporal Trends and Racial/Ethnic Inequalities in Emergency Departments: US Men and Women Age 15–34, 2001–2014, 93 J. Urb. Health 797, 797 (2016)Google ScholarPubMed (“[P]ublic health and medical professional associations have identified police violence as an issue of concern ….”); Nadia Gaber & Anthony Wright, Protecting Urban Health and Safety: Balancing Care and Harm in the Era of Mass Incarceration, 93 J. Urb. Health S68, S70 (2016).

37 García, Jennifer Jee-Lyn & Sharif, Mienah Zulfacar, Black Lives Matter: A Commentary on Racism and Public Health, 105 Am. J. Pub. Health e27, e27 (2015)CrossRefGoogle Scholar (discussing public health as “antiracist work”). See also Furtado, Karishma & Banks, Kira Hudson, A Research Agenda for Racial Equity: Applications of the Ferguson Commission Report to Public Health, 106 Am. J. Pub. Health 1926, 1928 (2016)CrossRefGoogle ScholarPubMed; Chandra L. Ford, Public Health Critical Race Praxis: An Introduction, An Intervention, and Three Points for Consideration, 2016 Wis. L. Rev. 477, 479.

38 Cooper, Hannah L. F. & Fullilove, Mindy, Editorial: Excessive Police Violence as a Public Health Issue, 93 J. Urb. Health S1, S1 (2016).CrossRefGoogle ScholarPubMed

39 Gilbert, Keon L. & Ray, Rashawn, Why Police Kill Black Males with Impunity: Applying Public Health Critical Race Praxis (PHCRP) to Address the Determinants of Policing Behaviors and ‘Justifiable’ Homicides in the USA, 93 J. Urb. Health S122, S122 (2016).CrossRefGoogle ScholarPubMed See also Chandra L. Ford, supra note 37, at 477. See generally McGregor, supra note 35, at 142 (“The effects of police violence on African Americans are also among several drivers of health disparities ….”).

40 Geller, Amanda et al., Aggressive Policing and the Mental Health of Young Urban Men, 104 Am. J. Pub. Health 2321, 2321 (2014).CrossRefGoogle ScholarPubMed See also Staggers-Hakim, R., The Nation’s Unprotected Children and the Ghost of Mike Brown, or the Impact of Police Killings on the Health and Social Development of African American Boys, 26 J. Hum. Behav. Soc. Envt 390 (2016).CrossRefGoogle Scholar

41 Gomez, Marisela B., Policing, Community Fragmentation, and Public Health: Observations from Baltimore, 93 J. Urb. Health S154, S164 (2016).CrossRefGoogle ScholarPubMed

42 Hutto, Jonathan W. & Green, Rodney D., Social Movements Against Racist Police Brutality and Department of Justice Intervention in Prince George’s County, Maryland, 93 J. Urb. Health S89 (2016).CrossRefGoogle ScholarPubMed See also J.E. DeVylder et al., Prevalence, Demographic Variation and Psychological Correlates of Exposure to Police Victimization in Four US Cities, Epidemiology and Psychiatric Sci. 1 (2016); Sewell, Abigail A. & Jefferson, Kevin A., Collateral Damage: The Health Effects of Invasive Police Encounters in New York City, 93 J. Urb. Health S42 (2016).CrossRefGoogle ScholarPubMed

43 Impact of Police Violence on Public Health, Am. Pub. Health Assn (2016). On data collection and record-keeping, see also Nancy Krieger et al., Police Killings and Police Deaths Are Public Health Data and Can Be Counted, PLOS Med. 1, 2 (2015); Cooper et al., supra note 35, at 1116; Richardson, Joseph B. et al., Who Shot Ya? How Emergency Departments Can Collect Reliable Police Shooting Data, 93 J. Urb. Health 8, 16 (2016).Google ScholarPubMed

44 See generally Use of Force Policy Database, Campaign Zero, http://useofforceproject.org/database/.

45 The cities include (largest to smallest): New York City, Los Angeles, Chicago, Houston, Phoenix, Philadelphia, San Antonio, San Diego, Dallas, San Jose, Austin, Jacksonville, San Francisco, Columbus, Indianapolis, Fort Worth, Charlotte, Seattle, Denver, and El Paso. Population data obtained from the U.S. Census Bureau for 2016. U.S. Census Bureau, https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk.

46 See Terrill, William et al., A Management Tool for Evaluating Police Use of Force: An Application of the Force Factor, 6 Police Q. 150, 154 (2003)CrossRefGoogle Scholar (“Police departments often present and use a continuum as a guideline that promotes police escalation of force in ‘small increments’ in reference to the level of resistance encountered. Thus, to achieve citizen compliance (with respect to a force continuum), officers are encouraged to use a level of force that is commensurate to the level of citizen resistance encountered.”).

47 For a complete chart of our findings, see the Appendix.

48 Graham v. Connor, 490 U.S. 386, 397 (1989) (“As in other Fourth Amendment contexts, however, the ‘reasonableness’ inquiry in an excessive force case is an objective one: the question is whether the officers' actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation.”); see also Tennessee v. Garner, 471 U.S. 1 (1985).

50 Another example of how policies refer to this standard is the San Jose Police Department’s policy, which includes a discussion of what “objectively reasonable” means: “Objectively reasonable force is not judged with hindsight …. Important factors to be considered when deciding how much force can be used to apprehend or subdue a subject include, but are not limited to, the severity of the crime at issue, whether the subject poses an immediate threat to the safety of the officers or others and whether the subject is actively resisting arrest or attempting to evade arrest by flight.” San Jose Police Dept, Policies, Rules, and Procedures 236 (2004), https://static1.squarespace.com/static/56996151cbced68b170389f4/t/569ac02a1a520349a5086cdf/1452982356009/San+Jose+Use+of+Force+Policy.pdf.

51 N.Y.C. Police Dept, Force Guidelines Procedure No. 221-01 at 2 (2016), https://www1.nyc.gov/assets/ccrb/downloads/pdf/investigations_pdf/pg221-01-force-guidelines.pdf.

52 Fort Worth Police Dept, supra note 53, at § 306.01.

53 See, e.g., L.A. Police Dept, Use of Force Policy, Vol. 1-556 (2015), http://www.lapdonline.org/lapd_manual/volume_1.htm (does not have any substantive policies like de-escalation or proportionality).

54 See, e.g., S.F. Police Dept, Gen. Order § 5.01 (2016), http://sanfranciscopolice.org/sites/default/files/Documents/PoliceDocuments/DepartmentGeneralOrders/DGO%205.01%20Use%20of%20Force%20%28Rev.%2012-21-16%29.pdf (includes every substantive policy like de-escalation, proportionality, re-assessment, exhaustion of alternatives, and a continuum).

55 See, e.g., Charlotte-Mecklenburg Police Dept, Interactive Directives Guide § 600-018 (2013), https://assets.documentcloud.org/documents/2661081/Charlotte-Police-Department-Directives-2015.pdf (“If feasible, an officer will identify him or herself as a police officer and issue a verbal warning before using deadly force.”). In addition, some polices discuss other verbal engagements that go beyond merely warning someone that force will be used. For example, the Seattle Police Department’s force policy emphasizes, as part of the philosophy of de-escalation, communication, verbal persuasion, and advisement, specifically referring to a verbal technique called “Listen and Explain with Equity and Dignity (LEED).” Seattle Police Dept, Seattle Police Dept Manual § 8.100 (2015), http://www.seattle.gov/police-manual/title-8---use-of-force/8100---de-escalation.

56 San Jose Police Dept, supra note 54, at 238.

57 Austin Police Dept, Policy Manual 1, 49 (2015), https://static1.squarespace.com/static/56996151cbced68b170389f4/t/569abb6e25981de028ab67e6/1452981151162/Austin+Police+Policies.pdf. In terms of force levels, the Austin Police Department’s offers little textual discussion about force levels but indirectly states: “While the type and extent of force may vary, it is the policy of this department that officers use only that amount of objectively reasonable force which appears necessary under the circumstances to successfully accomplish the legitimate law enforcement purpose in accordance with this policy ….” Id. (emphasis added). In terms of resistance levels, the discussion is also limited: it generally refers to “verbal and/or passive resistance to arrest,” which distinguishes between forms of resistance. Id. at 64. Hence, this example demonstrates both the fact that Austin fails to provide substantive policies beyond the basics but also that, even when textually articulating a sense of force and resistance levels, the policy fails to provide much detail on how an officer should go about diagnosing a situation and selecting the proper amount of force to use in that moment.

58 Id. at 48-116.

59 See, e.g., L.A. Police Dept, supra note 57. (“Firearms shall not be discharged at a moving vehicle unless a person in the vehicle is immediately threatening the officer or another person with deadly force by means other than the vehicle.”)

60 See, e.g., San Jose Police Dept, supra note 54, at 248 (“A chokehold may only be used by an officer as a deadly force option … when objectively reasonable to protect themselves or others from an imminent threat of death or serious bodily injury.”).

61 See, e.g., Hous. Police Dept, Gen. Order No. 600-17 (2008), https://static1.squarespace.com/static/56996151cbced68b170389f4/t/5787446f20099e84c6357e0e/1468482674849/houston_use_of_force_unredacted.pdf (“Officers are prohibited from … [f]iring at fleeing suspects who do not represent an imminent threat to the life of the officer or another.”). Another reason why inclusion of the “fleeing felon” rule is that it is part of U.S. Supreme Court jurisprudence. In Tennessee v. Garner, the Court held that someone fleeing but who did not pose a threat could not be subjected to deadly force. Tennessee v. Garner, 471 U.S. 1, 3 (1985). See Garrett & Stoughton, supra note 10, at 3, for a more in-depth discussion.

62 See, e.g., San Diego Police Dept, Proc. No. 1.04 at 6 (2013), https://static1.squarespace.com/static/56996151cbced68b170389f4/t/569bec23be7b96bf77342043/1453059111335/San+Diego+Use+of+Force+Policy.pdf (“A verbal warning to submit to the authority of the officer shall be given prior to the use of a firearm, if feasible, and if doing so would not increase the danger to the officer or other persons.”).

63 See, e.g., City of Jacksonville Office of the Sheriff, Gen. Order LXXII.6, https://static1.squarespace.com/static/56996151cbced68b170389f4/t/569ad8e557eb8d0f11460d46/1452988652459/Jacksonville+Use+of+Force+Policy (provides for three of these tactical restrictions but fails to provide any of the substantive protections discussed in the next section).

65 Id.

66 N.Y.C. Police Dept, supra note 55, at 2.

67 S.F. Police Dept, supra note 58, at 1.

68 Id. at 11.

69 Seattle Police Dept, supra note 59, at § 8.200.

70 S.F. Police Dept, supra note 58, at 2. The policy goes on to say that it “is particularly important that officers apply proportionality and critical decision making when encountering a subject who is armed with a weapon other than a firearm,” which is a particularly important component of proportionality.

71 Seattle Police Dept, supra note 59, at § 8.200, http://www.seattle.gov/police-manual/title-8---use-of-force/8200---using-force.

72 Hous. Police Dept, supra note 65.

74 N.Y.C. Police Dept, supra note 55, at 2.

75 Austin Police Dept, supra note 61, at 49.

76 See, e.g., Indianapolis Metro. Police Dept, Gen. Order 1.30 at 7 (2012), http://interactives.indystar.com/static/PDF/IMPD/IMPD%20use%20of%20force%20policy.pdf (stating that “medical assistance shall be obtained for any person who has sustained visible injury, expressed a complaint of injury, continuing pain or serious bodily injury” when force has been used).

77 See, e.g., Phx. Police Dept, Operations Order 1.5 (2016), https://www.phoenix.gov/policesite/Documents/operations_orders.pdf.

78 Id.

79 Austin Police Dept, supra note 61, at 48 (emphasis added).

80 S.F. Police Dept, supra note 58, at 2.

81 Sinyangwe, supra note 10.

82 See, e.g., Cooper et al., supra note 35; Cooper & Fullilove, supra note 38; García & Sharif, supra note 37; Am. Pub. Health Assn, supra note 35.

83 See generally Ta-Nehisi Coates, Between The World and Me 9 (2015) (“Sell cigarettes without the proper authority and your body can be destroyed. Resent the people trying to entrap your body and it can be destroyed. Turn into a dark stairwell and your body can be destroyed. The destroyers will rarely be held accountable. Mostly they will receive pensions.”).

84 See Cooper et al., supra note 35; Cooper & Fullilove, supra note 38, at S2 (“[L]iving in conditions of excessive police violence adversely affects health.”).

85 See Loftin, Colin, Underreporting of Justifiable Homicides Committed by Police Officers in the United States, 1976–1998, 93 Am. J. Pub. Health 1117, 1117 (2003)CrossRefGoogle ScholarPubMed (“Justifiable homicides committed by police officers are important in regard to public health because they have a distinctive etiology and because the intentional killing of citizens by an agent of the government has consequences for communities that go far beyond the immediate loss of life.”).

86 See, e.g., Geller et al., supra note 40, at 2324 (“Although proactive policing practices target high-crime, disadvantaged neighborhoods, affecting individuals already facing severe socio-economic disadvantage, our findings suggest that young men stopped by the police face a parallel but hidden disadvantage: compromised mental health. We found that young men reporting police contact, particularly more intrusive contact, also display higher levels of anxiety and trauma associated with their experiences.”).

87 See, e.g., Gomez, supra note 41, at 165 (“This study supports the hypothesis that policing results in community fragmentation. The results suggest that police violence increases the risk of negative health outcomes from chronic exposure to stressful environments and therefore is a public health threat, supporting previous studies on violence and public health threat [sic].”).

88 Richardson, L. Song & Goff, Phillip Atiba, Interrogating Racial Violence, 12 Ohio St. J. Crim. L. 115, 123 (2014)Google Scholar (“[R]ethinking policing practices in order to foster closer relationships between the police and the communities they serve holds some promise of reducing implicit dehumanization and the racial violence that results.”).

89 Carbado, Devon & Rock, Patrick, What Exposes African Americans to Police Violence?, 51 Harv. C.R.-C.L. L. Rev. 159, 166 (2016)Google Scholar; Gaber & Wright, supra note 36, at S69; Phillip Atiba Goff et al., The Science of Justice: Race, Arrests, and Police Use of Force (2016), http://policingequity.org/wp-content/uploads/2016/07/CPE_SoJ_Race-Arrests-UoF_2016-07-08-1130.pdf. See generally KeeangaYamahtta Taylor, From #BlackLivesMatter to Black Liberation 19 (2016) (“Policing has always been racist and abusive …. These same racist practices inform policing today ….”).

90 See Sewell & Jefferson, supra note 42, at S54.

91 Cooper & Fullilove, supra note 38, at S5. See also Ford, supra note 37, at 480 (“A socio-ecological framework, which is a heuristic that explains how factors operate at various levels of social life—the individual level, interpersonal level, familial, community, etc.—guides the study of the social determinants of health.”); Gaber & Wright, supra note 36, at S69 (“[A]s #BlackLivesMatter and related discussions about police brutality remind us … the probability of subjection to such harm is disproportionately distributed among populations.”); García & Sharif, supra note 37, at e27.

92 Cooper, Hannah et al., Population-Attributable Risk Percentages for Racialized Risk Environments,” 106 Am. J. Pub. Health 1789, 1789 (2016)CrossRefGoogle ScholarPubMed; Phillip Atiba Goff et al., The Science of Policing Equity 1, 15 (2016), http://policingequity.org/wp-content/uploads/2016/10/Austin_PDI_Report_2016_Release.pdf (“Even when controlling for neighborhood levels of crime, education, homeownership, income, youth, and unemployment, racial disparities in both use and severity of force remained.”).

93 Ruth Wilson Gilmore, Golden Gulag: Prisons, Surplus, Crisis, and Opposition in Globalizing California 28 (2007).

94 HPHR Editorial: Racism is a Public Health Problem, supra note 34 (“[R]acism has driven health inequities among historically underserved and marginalized populations nationwide, evidenced not only in the extraordinarily disparate rate at which Blacks are killed at the hands of the police compared to Whites, but also through inequities in environmental exposures, limitations in access to health care, and other factors that affect optimal health and well-being.”).

95 Gaber & Wright, supra note 36, at S70 (“[T]he harmful effects of policing are most frequently ravaged upon specific human bodies dwelling within specific geographies.”). See also Andres F. Rengifo & Kurt Fowler, Stop, Question, and Complain: Citizen Grievances Against the NYPD and the Opacity of Police Stops Across New York City Precincts, 2007–2013, 93 J. Urb. Health S32, S33 (2016) (“This is of interest to the public health field as grievances reflect specific instances where the public not only acknowledges a specific form of police misconduct but also mobilizes the law for assistance. Further, it matters because negative interactions between the public and the police in connection to stops may have lasting psychological and physical health effects[.]”).

96 Cooper & Fullilove, supra note 38, at S6 (2016) (“A concerted public health push to eliminate excessive police violence is badly needed. This is not only a question of excess mortality but also a question of taking a stand for a law-abiding democracy in which all can prosper. We can point to all too many epidemics ‘redlined’ because they ‘affected’ people of color, ignoring the deeper truth of the interrelated web of existence. Let us move forward, charting a public health that really fights for the health of the whole public.”); Krieger, supra note 43, at 2 (“Police killings, impunity, and health inequities are not new – and neither is the struggle against them. Their newfound visibility, however, brought about by a swelling social movement, creates a critical moment in which to press for constructive change. The time for action is now.”).