Jamison v. McClendon

Order granting qualified immunity:

Clarence Jamison wasn’t jaywalking.1

He wasn’t outside playing with a toy gun.2

He didn’t look like a “suspicious person.”3

He wasn’t suspected of “selling loose, untaxed cigarettes.”4

He wasn’t suspected of passing a counterfeit $20 bill.5

He didn’t look like anyone suspected of a crime.6

He wasn’t mentally ill and in need of help.7

He wasn’t assisting an autistic patient who had wandered away from a group home.8

He wasn’t walking home from an after-school job.9

He wasn’t walking back from a restaurant.10

He wasn’t hanging out on a college campus.11

He wasn’t standing outside of his apartment.12

He wasn’t inside his apartment eating ice cream.13

He wasn’t sleeping in his bed.14

He wasn’t sleeping in his car.15

He didn’t make an “improper lane change.”16

He didn’t have a broken tail light.17

He wasn’t driving over the speed limit.18

He wasn’t driving under the speed limit.19

No, Clarence Jamison was a Black man driving a Mercedes convertible.

  1. That was Michael Brown. See Max Ehrenfreund, The risks of walking while black in Ferguson, WASH. POST (Mar. 4, 2015).
  2. That was 12-year-old Tamir Rice. See Zola Ray, This Is The Toy Gun That Got Tamir Rice Killed 3 Years Ago Today, NEWSWEEK (Nov. 22, 2017).
  3. That was Elijah McClain. See Claire Lampen, What We Know About the Killing of Elijah McClain, THE CUT (July 5, 2020).
  4. That was Eric Garner. See Assoc. Press, From Eric Garner’s death to firing of NYPD officer: A timeline of key events, USA TODAY (Aug. 20, 2019).
  5. That was George Floyd. See Jemima McEvoy, New Transcripts Reveal How Suspicion Over Counterfeit Money Escalated Into The Death Of George Floyd, FORBES (July 8, 2020).
  6. That was Philando Castile and Tony McDade. See Andy Mannix, Police audio: Officer stopped Philando Castile on robbery suspicion, STAR TRIB. (July 12, 2016); Meredith Deliso, LGBTQ community calls for justice after Tony McDade, a black trans man, shot and killed by police, ABC NEWS (June 2, 2020).
  7. That was Jason Harrison. See Byron Pitts et al., The Deadly Consequences When Police Lack Proper Training to Handle Mental Illness Calls, ABC NEWS (Sept. 30, 2015).
  8. That was Charles Kinsey. See Florida policeman shoots autistic man’s un- armed black therapist, BBC (July 21, 2016).
  9. That was 17-year-old James Earl Green. See Robert Luckett, In 50 Years from Gibbs-Green Deaths to Ahmaud Arbery Killing, White Supremacy Still Lives, JACKSON FREE PRESS (May 8, 2020); see also Robert Luckett, 50 Years Ago, Police Fired on Students at a Historically Black College, N.Y. TIMES (May 14, 2020); Rachel James-Terry & L.A. Warren, ‘All hell broke loose’: Memories still vivid of Jackson State shooting 50 years ago, CLARION LEDGER (May 15, 2020).
  10. That was Ben Brown. See Notice to Close File, U.S. DEP’T OF JUSTICE, CIVIL RIGHTS DIV. (Mar. 24, 2017), available at https://www.justice.gov/crt/case- document/benjamin-brown-notice-close-file; see also Jackson State Univ., Center for University-Based Development, The Life of Benjamin Brown, 50 Years Later, W. JACKSON (May 11, 2017).
  11. That was Phillip Gibbs. See James-Terry & Warren, supra.
  12. That was Amadou Diallo. See Police fired 41 shots when they killed Amadou Diallo. His mom hopes today’s protests will bring change., CBS NEWS (June 9, 2020).
  13. That was Botham Jean. See Bill Hutchinson, Death of an innocent man: Timeline of wrong-apartment murder trial of Amber Guyger, ABC NEWS (Oct. 2, 2019).
  14. That was Breonna Taylor. See Amina Elahi, ‘Sleeping While Black’: Louis- ville Police Kill Unarmed Black Woman, NPR (May 13, 2020).
  15. That was Rayshard Brooks. See Jacob Sullum, Was the Shooting of Ray- shard Brooks ‘Lawful but Awful’?, REASON (June 15, 2020).
  16. That was Sandra Bland. See Ben Mathis-Lilley & Elliott Hannon, A Black Woman Named Sandra Bland Got Pulled Over in Texas and Died in Jail Three Days Later. Why?, SLATE (July 16, 2015).
  17. That was Walter Scott. See Michael E. Miller et al., How a cellphone video led to murder charges against a cop in North Charleston, S.C., WASH. POST (Apr. 8, 2015).
  18. That was Hannah Fizer. See Luke Nozicka, ‘Where’s the gun?’: Family of Sedalia woman killed by deputy skeptical of narrative, KANSAS CITY STAR (June 15, 2020).
  19. That was Ace Perry. See Jodi Leese Glusco, Run-in with Sampson deputy leaves driver feeling unsafe, WRAL (Feb. 14, 2020).

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