My name is Elreta Dodds. I am a 63-year-old black woman who lives in
Detroit (proper). In response to the killing of George Floyd, I decided to
try to do something instead of just react. So, I did some research and discovered
that there is no Federal law (many state policies but no national law) that specifically addresses
improper restraint imposed upon a subject by law enforcement officers. The
Department of Justice addresses excessive force under the category of police
misconduct but only as it pertains to “pattern or practice” and not as it
pertains to an isolated incident.
In light of this, I decided to propose a Federal bill and send my proposal to as many members of congress as I could with the hope that one of them would pick up the idea, develop and write the bill (draft it), and then introduce it to congress. On 5/27, I posted my proposal on my Facebook page and asked people to help me send out the proposal. There was a great response.
In light of this, I decided to propose a Federal bill and send my proposal to as many members of congress as I could with the hope that one of them would pick up the idea, develop and write the bill (draft it), and then introduce it to congress. On 5/27, I posted my proposal on my Facebook page and asked people to help me send out the proposal. There was a great response.
On 5/31/20, Georgia Democratic Representative for Georgia House District 111,, El-Mahdi Holly, messaged me and expressed that he is willing to work with his constituents to draft the bill (PLEURA), the proposal (a work in progress) of which is outlined below, in an effort to get it introduced to congress and passed. This blog was created to promote further awareness of the bill, Here is what is being asked that you do...
- Please support this bill and Representative Holly in this endeavor by sending the link to this blog to everyone you know who might be interested in supporting the bill.
- If you are a United States Congressional House Representative, please consider supporting or co-sponsoring this bill.
- If you are a United States Senator, please support this bill.
- If you are a celebrity or public figure, please use your national platform to support this bill.
BILL PROPOSAL
TITLE OF BILL: Proper Law Enforcement Use of Restraint Act (PLEURA)
Note: Pleura is a delicate membrane that lines and encloses the lungs as well as the chest wall and diaphragm.
PERSON WHO INITIALLY PROPOSED THE BILL: Elreta Dodds, Detroit Michigan. Email: elretadodds@yahoo.com
NEED
FOR BILL: Within the last decade there have been two incidences (that the
public is aware of) of police restraint of a subject where the restraint
included a deadly neck hold of some kind which affected the subject’s breathing
capacity. The incidences involved Eric Garner (2014) and just recently, George
Floyd. Even when the subjects expressed that they couldn’t breathe, the officer
doing the restraining did not relax the neck restraint and the assisting
officers did not intervene. Consequently, both men died.
PURPOSE
OF BILL: To significantly reduce the probability of any imposed restraint
resulting in death. Any Improper use of restraint that causes death or serious
bodily harm must be deemed to be against the law. Otherwise, there will be no
significant lessening of the probability of something like this occurring
again.
SUGGESTED
BILL CONTENT:
1) A discussion of written policies that address hold and restraint techniques,
2) A list and description of acceptable proper restraint techniques
3) A list and description of unacceptable improper restraint techniques that could lead to the death or great bodily harm of the subject,
4) A history/list of incidences where an officer of the law used unacceptable improper restraint techniques that led to the death of a subject (this list would included the name of the subjects)
5) A description and discussion of the phenomenon of positional asphyxia,
6) The definition of restraint to include the withholding of the use of any medicine/medical device (e.g. an inhaler) that the subject has with him/her that they may need to use during a stop in order to save or sustain his/her life or in order to save or sustain the life of another that is accompanying them (e.g. a child)
7) An immediate charge and arrest of an officer of the law who has used improper restraint techniques that has resulted in the death or great bodily harm of the subject.
8) A list of legal repercussions, to include imprisonment upon conviction, that an officer of the law will be subject to when charged with using improper restraint techniques cited within this bill that has resulted in the death or great bodily harm of the subject.
9) The Department of Justice says that in order for the laws against police misconduct (including excessive force, which would include improper restraint) to apply, “the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident” and that the DOJ “must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct.” This bill would not only apply to a pattern or practice involving a law enforcement agency but would also apply when there is an isolated incident involving an individual officer or officers.
2) A list and description of acceptable proper restraint techniques
3) A list and description of unacceptable improper restraint techniques that could lead to the death or great bodily harm of the subject,
4) A history/list of incidences where an officer of the law used unacceptable improper restraint techniques that led to the death of a subject (this list would included the name of the subjects)
5) A description and discussion of the phenomenon of positional asphyxia,
6) The definition of restraint to include the withholding of the use of any medicine/medical device (e.g. an inhaler) that the subject has with him/her that they may need to use during a stop in order to save or sustain his/her life or in order to save or sustain the life of another that is accompanying them (e.g. a child)
7) An immediate charge and arrest of an officer of the law who has used improper restraint techniques that has resulted in the death or great bodily harm of the subject.
8) A list of legal repercussions, to include imprisonment upon conviction, that an officer of the law will be subject to when charged with using improper restraint techniques cited within this bill that has resulted in the death or great bodily harm of the subject.
9) The Department of Justice says that in order for the laws against police misconduct (including excessive force, which would include improper restraint) to apply, “the misconduct must constitute a "pattern or practice" -- it may not simply be an isolated incident” and that the DOJ “must be able to show in court that the agency has an unlawful policy or that the incidents constituted a pattern of unlawful conduct.” This bill would not only apply to a pattern or practice involving a law enforcement agency but would also apply when there is an isolated incident involving an individual officer or officers.
Before
closing, it must be mentioned that the Eric
Garner Excessive Use of Force Prevention Act of 2019 was sponsored and
introduced in September of last year by Congressman Hakeem
Jeffries. The differences between PLEURA and the Eric Garner bill are as follows:
- The Eric Garner bill seeks to amend section 242 of title 18 the United States Code in order “to forbid the use of chokeholds by persons subject to that provision’s prohibitions, and for other purposes.”
- PLEURA is a stand-alone.
- The Garner bill is specific to chokeholds and pressure of the throat or windpipe.
- PLEURA addresses the use of any improper restraint that would cause death or great bodily harm (including but not limited to neck holds/chokeholds).
- PLEURA includes the withholding of needed medicine/medical devices (e.g. an inhaler) from a subject during a stop or an arrest under the definition of improper restraint.
If you would like to contact me, please feel free to do so. I can be reached at my email address (elretadodds@yahoo.com) or you can also message me on Facebook, just type my name into the search field. Also, I created a Facebook page for the bill in order to provide updates. The page name is "Federal Bill Proposal: Proper Law Enforcement Use of Restraint Act."
Thank you again for visiting my blog and for any consideration you might give to participate in helping to establish laws that will provide a strong enough deterrent to significantly reduce the probability of restraint deaths reoccurring in this country.
Sincerely,
Elreta Dodds.
