by Danny Foster, Esq.
[I want to be clear the opinions expressed in this article are my personal opinions and do not necessarily represent the view(s) of other people at FGMC. Good and reasonable people can and do have significantly divergent perspectives and opinions on social justice issues. However, what cannot be denied is that this is an important issue — and I believe it needs to be addressed. In my view, to remain silent is not an option and people who know me know I simply can’t keep silent. That said, we must engage in a respectful dialogue and keep working on these issues for the sake of our community and country].
Any Jewish man or woman who graduates law school is inevitably provided a framed picture with these important words emblazoned upon the parchment: Justice, Justice Shall You Pursue. Usually it is also written in Hebrew: Tzedeck, Tzedeck, Tirdorf. This passage comes from the book of Deuteronomy from the Old Testament. It is a reminder to baby lawyers, and even seasoned lawyers, that our highest calling in life is to pursue justice. Justice for the oppressed. Justice for the wronged. Justice for the needy. And I believe most lawyers and non-lawyers alike try and pursue justice. It’s the right way to live one’s life. However in today’s complex world it seems much more complicated, because so many people have different opinions of what “justice” actually means. And when people have opposing views on what justice means, then we obviously have different thoughts on how to pursue it. It’s similar to driving a car. If two people grab the wheel and try to steer they will inevitably drive it off the road. That doesn’t benefit anyone. And today, more than ever, it seems like we have lots of people trying to steer the car toward their own version of justice.
While I primarily practice in the field of personal injury law, pursuing justice for the injured, I have also had the privilege of representing law enforcement — usually members of the Denver Sheriff’s Department, but sometimes Denver Police as well. So as you read this article you may suspect where my inclinations lie. But I was also raised by a father who was heavily involved in the civil rights movement and even marched with Dr. Martin Luther King Jr. in Selma. So my opinion is based on a mixture of life experiences. I have been very troubled by the events of the past few years where so many good, hard-working law enforcement officers have suffered at the hands of so many ill-informed citizens and reporters. I have also been troubled when any person, regardless of race, has been killed by police when the encounter should have been routine. Police officers have the most dangerous job in America and need to make split second decisions. Life or death decisions for themselves, their partners, the suspect, and the community. How many life or death encounters do you face on a daily basis?
There have been many police officers (in our state and across the country) who have been attacked, threatened, and sometimes killed because of the groundswell of anti-police rhetoric fueled by 24-hour media cycles and non-stop social media. At least six officers were murdered across this country during the three days I wrote this article. Law enforcement deaths in the line of duty are the highest in U.S. history. That is a horrifying fact. Many of these attacks specifically targeted police due in large part to a backlash against alleged police misconduct (i.e. Dallas). Have there been police officers who have done wrong? Of course. Should they be fired or prosecuted if they break the law? Of course. Have there been valid excessive use of force complaints made? Yes, and these cases must be investigated thoroughly and with as much transparency as possible.
As it turns out the majority of excessive force complaints are found to be unsubstantiated after investigation by independent Internal Affairs (“IA”) departments. The fact is, just because someone is unarmed does not mean they do not pose a lethal threat. I have sat through innumerable IA interviews and watched police officers be thoroughly investigated. At no point in my 18 years of representing law enforcement have I ever seen an IA investigator give a pass to an officer accused of excessive force. I have represented many law enforcement officers who have been suspended or terminated due to even minor allegations of excessive force. Some discipline was justified, some was not. But the point is that most of the time law enforcement does a good job of removing bad apples. Are they perfect? No. But the belief that cops get a free pass from other cops is a gross mischaracterization of the facts (in my opinion).
The belief that all, or even most, police are racist is also something we must dispel. I’ve always hated stereotyping people. Whenever we say “All (blanks) are (blank)” we create nothing but more divisiveness and bigotry. All police officers are racists. All African-American males are thugs. All Jewish people are cheap. I could go on and on. The reality is that most police officers are not racist, but some are. Most African-American males are not thugs, but some are. Most Jewish people are not cheap, but some are. When we take the easy way out and use stereotypes to attack others, we weaken our argument and make conversations impossible. Stereotyping creates animosity, distrust, and eventually violence. Why on earth would law enforcement want to sit down with a group of Black Lives Matter delegates if they both went into this discussion automatically assuming the other group was a bunch of lunatics?
The reality is that we need our police. Imagine our society without strong, efficient law enforcement. It’s truly frightening. Honest, seasoned police officers are leaving the profession in the highest numbers ever recorded. New cadet class sizes have plummeted. Who would want to join a profession where you are being screamed at, constantly surveyed by iPhones, second guessed by newspaper reporters, shot at, beaten up, sued, and very likely suspended or fired at some point in time due to some allegations of misconduct? Just recently, a Chicago police officer refused to use her firearm when she was being viciously beaten by a suspect high on PCP because she feared the media fallout — and she almost lost her life because of it. (See Washington Post Oct. 17, 2016: Ferguson Effect?). That should scare all law-abiding citizens, regardless of race.
We need to take a deep breath, stop looking at our Facebook feed every 10 seconds, start trying to engage each other and stop pointing fingers all the time. Each case should be decided on its own merits and we should stop reflexively taking sides. We all should wait for the evidence to come out before jumping to conclusions, investigate claims of racial bias diligently and correct injustice whenever it is found.
Danny is a managing partner of Foster, Graham, Milstein & Calisher (FGMC). His practice focuses on personal injury. The law firm of FGMC, located in Cherry Creek, is a full service law firm focusing on: criminal defense, personal injury, real estate, litigation, liquor licensing, construction law, tax/estate planning, bankruptcy and zoning. This article does not create an attorney-client relationship and is for informational use only (what do you expect from an attorney!)