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Bad policing and bad policy led to Tyre Nichols’ death in Memphis | Opinion

My 45 years of Corrections Administration and expert witness work has given me a unique perspective of use of force incidents. I returned to the Fayette County Jail in 2011-12 to address use of force by officers and supervisors. Several officers and supervisors were just sentenced by a judge in the Federal Court of Eastern District of Kentucky. I was tasked with and overview of policy, training and supervisory practices. In short, in the 10 years since retirement, this jail had fallen into habits that were intended to demonstrate control as opposed to compassion.

My observation and media reporting of the Tyre Nichols incident seems to indicate some of the same failures I found in the Fayette County Jail and also present in the Memphis Police Department.

Tyre Nichols was pulled over on a traffic stop, absent a weapon, an aggressive demeanor or any combative behavior. Tyre appeared to be pulled from the car and thrown to the ground by this special unit of five officers who somehow failed to secure him. Each of his limbs offered an opportunity for the officers to employ pain compliance while yelling “don’t resist” verbiage. Tyre escaped from the officers and fled on foot allowing the officers to escalate force even further. The subsequent beating was worse than the video of Rodney King. In my opinion, this event was orchestrated from the time of the traffic stop by the Memphis Police’s Scorpion unit, which was designed to take on heavy crime areas.

Can we learn anything from this tragedy? Let me opine as to both the failures of law enforcement and the government employing the Scorpion Unit.

Does this government have suggested protocols of police deployment in traffic stops? In the absence of extenuating circumstances, should a Scorpion-like unit ever be deployed in a traffic stop?

What liability has government when they allow a specialty unit to be named “Scorpion?” In my opinion, there is a need for special units for employment in difficult “need for force” events. These units should be highly qualified, trained specifically in use and understanding of force employment. Officers should be frequently rotated to minimize the likelihood of a negative culture. Recording and subsequent reporting should be reviewed as soon as practical by a non-sworn supervisor who reports daily to a police administrator and a legal advisor. Any force usage that results in a medical intervention by officer or arrestee should be reported to the government’s chief executive. An incident-based reporting system should be developed by the government to facilitate a timely review of all law enforcement and correctional events.

As I found in the jail environment, the lack of decisive policy allows for bad practices to flourish, for citizens to be harmed and for credibility to disappear. Tyre Nichols should have never left his car — a warning or citation should have been issued and a life would have been preserved. We have forgotten that our mission is to protect and serve. “Scorpion” fails to convey that message!

Ray Sabbatine is the former jailer of the Fayette County Detention Center.