Just Mercy (6 page)

Conditions of confinement for prisoners were getting worse everywhere. In the 1970s, the Attica Prison riots drew national attention to horrible prison abuses. The takeover of Attica by inmates allowed the country to learn about cruel practices within prisons such as solitary confinement, where inmates are isolated in a small confined space for weeks or months. Prisoners in some facilities would be placed in a “sweatbox,” a casket-sized hole or a box situated where the inmate would be forced to endure extreme heat for days or weeks. Some prisoners were tortured with electric cattle prods as punishment for violations of the prison’s rule. Inmates at some facilities would be chained to “hitching posts,” their arms fastened above their heads in a painful position where they’d be forced to stand for hours. The practice, which wasn’t declared unconstitutional until 2002, was one of many degrading and dangerous punishments imposed on incarcerated people. Terrible food and living conditions were widespread.

The death of forty-two people at the end of the Attica standoff exposed the danger of prison abuse and inhumane conditions. The increased attention also led to several Supreme Court rulings that provided basic due process protections for imprisoned people. Wary of potential violence, several states implemented reforms to eliminate
the most abusive practices. But a decade later, the rapidly growing prison population inevitably led to a deterioration in the conditions of confinement.

We were getting scores of letters from prisoners who continued to complain about horrible conditions. Prisoners reported that they were still being beaten by correctional staff and subjected to humiliation in stockades and other degrading punishments. An alarming number of cases came to our office involving prisoners who had been found dead in their cells.

I was working on several of these cases, including one in Gadsden, Alabama, where jail officials claimed that a thirty-nine-year-old black man had died of natural causes after being arrested for traffic violations. His family maintained that he was beaten by police and jail officials who then denied him his asthma inhaler and medication despite his begging for it. I’d spent a lot of time with the grief-stricken family of Lourida Ruffin and heard what an affectionate father he had been, how kind he had been, and how people had assumed things about him that weren’t true. At six feet five inches tall and over 250 pounds, he could seem a little intimidating, but his wife and mother insisted that he was sweet and gentle.

Gadsden police had stopped Mr. Ruffin one night because they said his car was swerving. Police discovered that his license had expired a few weeks earlier, so he was taken into custody. When he arrived at the city jail badly bruised and bleeding, Mr. Ruffin told the other inmates that he had been beaten terribly and was desperately in need of his inhaler and asthma medication. When I started investigating the case, inmates at the jail told me they saw officers beating Mr. Ruffin before taking him to an isolation cell. Several hours later they saw medical personnel remove his body from the cell on a gurney.

Despite the reforms of the 1970s and early 1980s, inmate death in jails and prisons was still a serious problem.
Suicide, prisoner-on-prisoner violence, inadequate medical care, staff abuse, and guard violence claimed the lives of hundreds of prisoners every year.

I soon received other complaints from people in the Gadsden community.
The parents of a black teenager who had been shot and killed by police told me that their son had been stopped for a minor traffic violation after running a red light. Their young son had just started driving and became very nervous when the police officer approached him. His family maintained that he reached down to the floor where he kept his gym bag to retrieve his newly issued driver’s license. The police claimed he was reaching for a weapon—no weapon was ever found—and the teen was shot dead while he sat in his car. The officer who shot the boy said that the teen had been menacing and had moved quickly, in a threatening manner. The child’s parents told me their son
was
generally nervous and easily frightened but was also obedient and would never have hurt anyone. He was very religious and a good student, and he had the kind of reputation that allowed the family to persuade civil rights leaders to push for an investigation into his death. Their pleas reached our office, and I was looking into the case along with the jail and prison cases.

Figuring out Alabama civil and criminal law while managing death penalty cases in several other states kept me very busy. The additional prison conditions litigation meant a lot of long-distance driving and extremely long hours. My weathered 1975 Honda Civic was struggling to keep up. The radio had stopped working consistently a year earlier; it would come to life only if I hit a pothole or stopped suddenly enough to violently shake the car and spark a connection.

After making the three-hour drive back from Gadsden earlier in the day and heading straight to the office, it was once again approaching midnight as I left the office for home. I got in my car, and to my delight the radio came on as soon as I turned the ignition. In just over three years of law practice I had become one of those people for whom such small events could make a big difference in my joy quotient. On this late night, not only was my radio working but the station was also hosting a retrospective on the music of Sly and the Family Stone. I’d grown up listening to Sly and found myself rolling joyfully through the streets of Atlanta to tunes like “Dance to the Music,” “Everybody Is a Star,” and “Family Affair.”

Our Midtown Atlanta apartment was on a dense residential street. Some nights I had to park halfway down the block or even around the corner to find a space. But tonight I was lucky: I parked my rattling Civic just steps from our new front door just as Sly was starting “Hot Fun in the Summertime.” It was late, and I needed to get to bed, but the moment was too good to let pass, so I remained in the car listening to the music. Each time a tune ended I told myself to go inside, but then another irresistible song would begin, and I would find myself unable to leave. I was singing along to “Stand!” the soaring Sly anthem with the great gospel-themed ending, when I saw a flashing police light approaching. I was parked a few doors up from our apartment, so I assumed that the officers would drive by in pursuit of some urgent mission. When they came to a stop twenty feet in front of me, I wondered what was going on.

Our section of the street only ran one way. My parked car was facing in the proper direction; the police car had come down the street in the wrong direction. I noticed for the first time that it wasn’t an ordinary police cruiser but one of the special Atlanta SWAT cars. The officers had a spotlight attached to their vehicle, and they directed it at me sitting in my car. Only then did it occur to me that they might be there for me, but I couldn’t imagine why. I had been parked on the street for about fifteen minutes listening to Sly. Only one of my car speakers worked and not very well. I knew the music couldn’t be heard outside the car.

The officers sat there with their light pointed at me for a minute or so. I turned off the radio before “Stand!” was over. I had case files on my car seat about Lourida Ruffin and the young man who had been shot in Gadsden. Eventually two police officers got out of their vehicle. I noticed immediately that they weren’t wearing the standard Atlanta police uniform. Instead they were ominously dressed in military style, black boots with black pants and vests.

I decided to get out of my car and go home. Even though they were intensely staring at me in my car, I was still hoping that they were in the area for something unrelated to me. Or if they were concerned
that something was wrong with me, I figured I would let them know that everything was okay. It certainly never occurred to me that getting out of my car was wrong or dangerous.

As soon as I opened my car door and got out, the police officer who had started walking toward my vehicle drew his weapon and pointed it at me. I must have looked completely bewildered.

My first instinct was to run. I quickly decided that wouldn’t be smart. Then I thought for an instant that maybe these weren’t real police officers.

“Move and I’ll blow your head off!” The officer shouted the words, but I couldn’t make any sense of what he meant. I tried to stay calm; it was the first time in my life anyone had ever pointed a gun at me.

“Put your hands up!” The officer was a white man about my height. In the darkness I could only make out his black uniform and his pointed weapon.

I put my hands up and noticed that he seemed nervous. I don’t remember deciding to speak, I just remember the words coming out: “It’s all right. It’s okay.”

I’m sure I sounded afraid because I was terrified.

I kept saying the words over and over again. “It’s okay, it’s okay.” Finally I said, “I live here, this is my apartment.”

I looked at the officer who was pointing the gun at my head less than fifteen feet away. I thought I saw his hands shaking.

I kept saying as calmly as I could: “It’s okay, it’s okay.”

The second officer, who had not drawn his weapon, inched cautiously toward me. He stepped on the sidewalk, circled behind my parked car, and came up behind me while the other officer continued to point the gun at me. He grabbed me by the arms and pushed me up against the back of my car. The other officer then lowered his weapon.

“What are you doing out here?” said the second officer, who seemed older than the one who had drawn his weapon. He sounded angry.

“I live here. I moved into that house down the street just a few months ago. My roommate is inside. You can go ask him.” I hated how afraid I sounded and the way my voice was shaking.

“What are you doing out in the street?”

“I was just listening to the radio.” He placed my hands on the car and bent me over the back of the vehicle. The SWAT car’s bright spotlight was still focused on me. I noticed people up the block turning on their lights and peering out of their front doors. The house next to ours came to life, and a middle-aged white man and woman walked outside and stared at me as I was leaned over the vehicle.

The officer holding me asked me for my driver’s license but wouldn’t let me move my arms to retrieve it. I told him that it was in my back pocket, and he fished my wallet out from my pants. The other officer was now leaning inside my car and going through my papers. I knew that he had no probable cause to enter my vehicle and that he was conducting an illegal search. I was about to say something when I saw him open the glove compartment. Opening objects in a parked vehicle was so incredibly illegal that I realized he wasn’t paying any attention to the rules, so saying something about it would be pointless.

There was nothing interesting in my car. There were no drugs, no alcohol, not even tobacco. I kept a giant-size bag of peanut M&Ms and Bazooka bubble gum in the glove compartment to help stave off hunger when I didn’t have time for a meal. There were just a few M&Ms left in the bag, which the officer inspected carefully. He put his nose into the bag before tossing it back. I wouldn’t be eating those M&Ms.

I had not lived at our new address long enough to get a new driver’s license, so the address on my license didn’t match the new location. There was no legal requirement to update the driver’s license, but it prompted the officer to hold me there for another ten minutes while he went back to his car to run a search on me. My neighbors grew bolder as the encounter dragged on. Even though it was late, people were coming out of their homes to watch. I could hear them talking about all the burglaries in the neighborhood. There was a particularly vocal older white woman who loudly demanded that I be questioned about items she was missing.

“Ask him about my radio and my vacuum cleaner!” Another lady asked about her cat who had been absent for three days. I kept waiting
for my apartment light to come on and for Charlie to walk outside and help me out. He had been dating a woman who also worked at Legal Aid and had been spending a lot of time at her house. It occurred to me that he might not be home.

Finally, the officer returned and spoke to his partner: “They don’t have anything on him.” He sounded disappointed.

I found my nerve and took my hands off the car. “This is so messed up. I live here. You shouldn’t have done this. Why did you do this?”

The older officer frowned at me. “Someone called about a suspected burglar. There have been a lot of burglaries in this neighborhood.” Then he grinned. “We’re going to let you go. You should be happy,” he said.

With that, they walked away, got in their SWAT car, and drove off. The neighbors looked me over one last time before retreating back into their homes. I couldn’t decide whether I should race to my door so that they could see that I lived in the neighborhood or wait until they were all gone so that no one would know where the “suspected criminal” lived. I decided to wait.

I gathered up my papers, which the cop had scattered all over the car and onto the sidewalk. I unhappily threw my M&Ms into a trash can on the street and then walked into my apartment. To my great relief, Charlie was there. I woke him to tell the story.

“They never even apologized,” I kept saying. Charlie shared my outrage but soon fell back asleep. I couldn’t sleep at all.

The next morning I told Steve about the incident. He was furious and urged me to file a complaint with the Atlanta Police Department. Some folks in the office said I should explain in my complaint that I was a civil rights attorney working on police misconduct cases. It seemed to me that no one should need those kinds of credentials to complain about misconduct by police officers.

I started writing my complaint determined not to reveal that I was an attorney. When I replayed the whole incident in my mind, what bothered me most was the moment when the officer drew his weapon and I thought about running. I was a twenty-eight-year-old lawyer
who had worked on police misconduct cases. I had the judgment to speak calmly to the officer when he threatened to shoot me. When I thought about what I would have done when I was sixteen years old or nineteen or even twenty-four, I was scared to realize that
I
might have run. The more I thought about it, the more concerned I became about all the young black boys and men in that neighborhood. Did they know not to run? Did they know to stay calm and say, “It’s okay”?