Justice Dept. to investigate NYC chokehold death

By Eric Tucker, Associated Press, December 3, 2014.

WASHINGTON (AP) — The Justice Department will conduct a federal investigation into the chokehold death of an unarmed black man after a grand jury in New York City declined to indict the white police officer who applied the move, Attorney General Eric Holder said Wednesday.

The investigation will look for potential civil rights investigations in the July 17 death of Eric Garner, 43, who was confronted by the officer on suspicion of selling loose, untaxed cigarettes. A video shot by an onlooker showed Garner telling officers to leave him alone as they tried to arrest him and one then responded by wrapping his arm around Garner's neck in what appeared to be a chokehold.

Calling the death a "tragedy," Holder said it was one of "several recent incidents that have tested the sense of trust that must exist between law enforcement and the communities they are charged to serve and protect." The death occurred weeks before the deadly police shooting in Ferguson, Missouri, a case also under investigation by the Justice Department and in which a local grand jury last week also cleared an officer of wrongdoing. The cases together have contributed to a national discussion about use of excessive force by police and their treatment of minorities.

"This is not a New York issue or a Ferguson issue alone," Holder told reporters late Wednesday. "Those who have protested peacefully across our great nation following the grand jury's decision in Ferguson have made that clear."

Separately, New York Mayor Bill de Blasio said he had spoken with Holder and Loretta Lynch, the U.S. attorney for the eastern district of New York who has been nominated as Holder's successor, and was told that the federal investigation into the death will now move forward.

The federal investigation was announced hours after a New York grand jury chose not to indict Officer Daniel Pantaleo, who remains on desk duty. The grand jury could have considered multiple charges, from murder to a lesser offense such as reckless endangerment, but Staten Island District Attorney Daniel Donovan said jurors found "no reasonable cause" to bring charges.

Chokeholds are banned under New York Police Department policy. But police union officials and Pantaleo's lawyer argued that the officer used a legal takedown move taught by the police department because Garner was resisting arrest. The medical examiner ruled Garner's death a homicide and found that a chokehold contributed to it.

The Justice Department had been monitoring the outcome of the local investigation before announcing its own probe. That investigation will be similar to a separate federal one already underway into the Aug. 9 shooting death in Ferguson of Michael Brown, an unarmed black 18-year-old. A county grand jury in that case decided last week to not indict the white officer, Darren Wilson.

To mount a federal prosecution in police misconduct cases, officials have to satisfy an extremely difficult legal standard — that the officer willfully violated a victim's civil rights and used more force than the law allowed. Though the legal standard will be the same in both the Ferguson and New York cases, there are important differences between the two investigations, said William Yeomans, a former Justice Department civil rights official.

"One big difference, and one thing I think makes this an easier investigation, is the existence of videotape," Yeomans said. "We didn't have that in Ferguson, and we would know much more about what happened in Ferguson if we had."

He said that while he did not know all the facts in the case, an argument that the force was necessary seemed harder to reasonably make in Garner's death.

"(Garner) was helpless, and of course, in the videotape, you can hear him saying repeatedly, that he couldn't breathe," he said. "He was clearly not in any kind of threatening posture."

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October 24, 2019

Reflections from Philanthropy Forward's First Cohort

Philanthropy Forward: Leadership for Change is a CEO fellowship program created by Neighborhood Funders Group and the Aspen Institute Forum for Community Solutions. The program's first cohort started in October 2018 in furtherance of building and advancing a shared vision for the future of philanthropy.

Hear perspectives from members of the first cohort as they reflect in this video on their work together as strategic thought partners, addressing philanthropy's most challenging issues and aligning to build a financial engine for social change.

2018 - 2019 Philanthropy Forward Cohort

A grid with individual photos of each of the 20 members of Philanthropy Forward's 2018-2918 cohort..

Click here for participant bios

  • Dimple Abichandani, General Service Foundation
  • Sharon Alpert, Nathan Cummings Foundation
  • Elizabeth Barajas-Roman, Solidago Foundation
  • Ned Calonge, The Colorado Trust
  • Irene Cooper-Basch, Victoria Foundation
  • Farhad A. Ebrahimi, The Chorus Foundation
  • Nicky Goren, Meyer Foundation
  • Justin Maxson, Mary Reynolds Babcock Foundation
  • Joan Minieri, Unitarian Universalist Veatch Program at Shelter Rock
  • Maria Mottola, New York Foundation
  • Mike Pratt, Scherman Foundation
  • Jocelyn Sargent, Hyams Foundation
  • Pamela Shifman, NoVo Foundation
  • Starsky D. Wilson, Deaconess Foundation
  • Steve Patrick, Aspen Institute Forum for Community solutions
  • Dennis Quirin, Raikes Foundation
September 10, 2019

For Love of Humankind: A Call to Action for Southern Philanthropy

Justin Maxson, Executive Director of the Mary Reynolds Babcock Foundation, calls on fellow funding organizations based in the South to respond to the federal government's anti-immigrant rhetoric and policies with three concrete actions. This post was originally published here on the foundation's website.

Justin was part of the first Philanthropy Forward: Leadership for Change Fellowship cohort, a joint initiative of Neighborhood Funders Group and The Aspen Institute Forum for Community Solutions. The Mary Reynolds Babcock Foundation, which strives to help people and places move out of poverty and achieve greater social and economic justice, is a member of NFG.


 

Justin MaxsonWe are issuing a clarion call to Southern philanthropic organizations to respond to the manic drumbeat of anti-immigrant rhetoric and cruelty coming from the White House. This month began with a mass shooting targeting the Latinx community. Days later, massive raids tore apart hundreds of families and destabilized Mississippi communities but levied no consequences for the corporate leadership that lures vulnerable people to work in grueling, dangerous conditions. It is astounding that since those events, with the resulting fear and trauma still reverberating through immigrant communities across America, the administration has: 

  • repeated its intention to end birthright citizenship, a 14th Amendment guarantee that babies born on American soil are citizens. 
  • attempted to terminate the Flores Agreement, which sets standards for the care of children in custody. This would allow the administration to detain migrant families indefinitely in facilities where children are dying of influenza, yet flu shots are not administrated, where children are sexually assaulted, where soap, toothbrushes, human contact and play are not standard, and where breastfeeding babies are taken from their mothers. Child separation is known to cause permanent psychological trauma and brain damage.
  • announced changes to the so-called “public charge rule” to make it harder for legal immigrants to secure citizenship if they use public assistance. As our partners at the Center on Budget and Policy Priorities argue, this change would cause many to “forgo assistance altogether, resulting in more economic insecurity and hardship, with long-term negative consequences, particularly for children.” Further, the decision “rests on the erroneous assumption that immigrants currently of modest means are harmful to our nation and our economy, devaluing their work and contributions and discounting the upward mobility immigrant families demonstrate.”

There was also a recent effort to effectively end asylum altogether at the southern border. And despite the Supreme Court ruling blocking the citizenship question from the 2020 census, advocates believe the debate will depress response rates. As we wrote earlier this month, this administration’s animus against immigrants and increasingly aggressive ICE actions are compounding the devastating effects on communities across the country. 

Why Southern philanthropy? 

An analysis of recent grantmaking by the National Committee for Responsive Philanthropy found our region has deportation rates five times higher than the rest of the country, yet Southern pro-immigrant organizations receive paltry philanthropic funding. Barely one percent of all money granted by the 1,000 largest foundations benefits immigrants and refugees, and even that money doesn’t go to state and local groups that are accountable to grassroots and immigrant communities. Organizations in Southern states receive less than half of the state and local funding of California, New York and Illinois. 

Where to begin? 

Speak up. As Desmund Tutu taught us, “If you are neutral in situations of injustice, you have chosen the side of the oppressor.” Use your institutional voice to influence decisionmakers.

Examine your foundation’s policies. Find out if your endowment is invested in private detention centers. Consider how supporting organizing, power building and policy advocacy could advance your mission. NCRP has more recommendations in its report.

Give generously. Our partners at Hispanics in Philanthropy have curated a list of organizations helping the families affected by the raids across Mississippi. Our partners at Grantmakers Concerned with Immigrants and Refugees have compiled a list of ways to help, from rapid response grants to long-term strategies. 

Many of the Babcock Foundation’s grantee partners are doing more and more immediate protection work, stretching themselves thin and often putting themselves at risk. They are keeping families intact in the short term while building power for the long term, so history will stop repeating: 

If you know of more resources, please share them. If you’d like to learn more about the organizations on the ground across the South – or think about ways we can do more together – contact us. We are always looking to learn and act in alignment with our fellow funders toward a shared vision of a strong, safe, welcoming and equitable region. 

Activist Jane Addams said, “The good we secure for ourselves is precarious and uncertain until it is secured for all of us.” Regardless of a foundation’s mission, abject cruelty surely undermines it. It also undermines the most basic tenet of philanthropy, which literally means “love for humankind.” We see no love in this administration. It’s up to all of us to spread it.