Congresswoman to DOJ: Investigate Death of Sandra Bland

On December 22, 2015, a politician told the truth.

You may not have heard about it. It did not make headlines. Truth, especially the kind that makes people uncomfortable, is not quite as appealing for the news to cover as a white man with a famously pompadour-style comb-over insulting people to the cheers of his fans. In the midst of a political season that is playing out more like a reality series, the truth, as with many good deeds, goes unnoticed. We must change that.

On December 22, Congresswoman Sheila Jackson Lee, ranking member of the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations told the truth when addressing herself to Attorney General Loretta Lynch in the letter seen below. In telling the truth, she renewed her demands once again that the Department of Justice do a comprehensive and transparent investigation of the events and circumstances surrounding the arrest and death of Sandra Bland.

While Sandra Bland has endured six months of slander and accusations that she was not respectful of the law, what you will discover in reading Congresswoman Jackson Lee’s letter is that the real truth of what took place has been hidden beneath a deeply rooted misunderstanding of what the law is. While critics have demeaned Sandra Bland for what they saw as failure to respect an officer of the law, they missed the real truth that it was the officer that was failing to respect the law. The crucial truth that we must grasp as a nation if we are going to avoid the abuses of any more Brian Encinias or Daniel Holtzclaws is that the authority given to individuals to enforce our laws does not supersede the authority of the law itself. It is not the authority of the individual that we respect, it is the authority of the law. If it is a just law, meant to protect the people, and the individual is breaking the law, they have given up their authority in that moment and have become the criminal themselves. In the case of Brian Encinia, he gave up his authority to enforce the law the moment that he became a physically dangerous, and we now know perjurious, law-breaker himself.

Stating a truth that few have been willing to acknowledge, Congresswoman Jackson Lee wrote, “The violent verbal and physical assaults Ms. Bland endured have been met with little action and slow responses by the Texas Department of Public Safety and the Waller County District Attorney’s Office.” In the midst of a two page letter detailing the failure of the nation and the state to adequately address accountability in policing, it would be easy to miss the importance of this statement. Yet, in making that statement, Congresswoman Jackson Lee acknowledged some very important things:

  • Sandra Bland experienced violent verbal assault from Brian Encinia.
  • Sandra Bland experienced violent physical assault from Brian Encinia.
  • Public Officials in Texas have done little to nothing about the crimes of Brian Encinia.

In appealing at the beginning of her letter that “the Department of Justice conduct a thorough investigation and take appropriate action in connection with the death of Sandra Bland”, Congresswoman Jackson Lee also brought to our attention that:

  • A transparent and thorough investigation has not yet taken place.
  • Action is needed for an appropriate response to the death of Sandra Bland.
  • Failing to take any action would be, therefore, inappropriate.

As she continued Congresswoman Jackson Lee acknowledged that Waller County is “a community with deeply rooted racial divides and a history of racially discriminatory practices…” In making this statement, Rep. Jackson Lee made clear what many within Waller County have refused to acknowledge:

  • That Waller County has a history of racially discriminatory practices.
  • That Waller County currently continues to be characterized by deeply rooted racial divides.

She was not finished yet, however, for the recent records of jailing procedures seemed to raise alarms as well; she stated, “This is very troubling, considering the Waller County Jail previously has been cited for violating state rules for failing to properly and adequately train guards and personnel, particularly when interacting with inmates who are mentally disabled or potentially suicidal.” From this we know that:

  • The Waller County Jail has been cited for violated state rules.
  • The Waller County Jail has failed to properly and adequately train its staff.
  • Those who are vulnerable in society, such as the mentally disabled, are particularly vulnerable and in danger while in the care of the Waller County Jail.

Congresswoman Jackson Lee continued,“The practices and policies that have led to the deaths of multiple persons in custody at Waller County Jail call for immediate review and thorough corrective action by the Department of Justice.”  The truth these last words reveal is perhaps most disturbing of all:

  • The Waller County Jail is directly responsible for the deaths of multiple persons due to their faulty practices and policies.
  • The private review and recommendations given to the Sheriff by the committee led by Paul Looney was far from sufficient.
  • A thorough investigation by the Department of Justice is necessary, not when the Texas Rangers say they are finished, but immediately.
  • It will be necessary to take action to correct what has gone wrong in the Waller County Jail system for the safety of local citizens.

What is perhaps most important in this follow up to Congresswoman Jackson Lee’s appeal for a Department of Justice investigation last summer is the legal reasons she gives for an investigation. While Officials in Waller County have attempted to distract the general public for the past six months with accusations of marijuana use and self-harm, it is refreshing to hear the law actually come up in conversation.

First, Congresswoman Jackson Lee states that an investigation is necessary to examine whether the policing practices in Waller County (which would include the actions of police officers, prisons guards, judges, health providers, and public officials), violate the Deprivation of Rights Under Color of Law, 18 U.S.C. § 242, which states:

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Reading that law is like hearing a narration of the arrest of Sandra Bland caught on the dash cam of Brian Encinia’s car.

Second, Congresswoman Jackson Lee calls for an investigation under the Civil Rights of Institutional Persons Act (CRIPA), 42 U.S.C. § 1997a which guarantees the Attorney General of the United States the right to investigate jails when it is believed they have deprived those in their care of any rights, as well as taking corrective measures to rectify. In other words, neither the Sheriff of Waller County, nor the ad hoc “suggestions” committee he set up, nor the DA nor any official in Waller County has the final say if Constitutional rights are being violated.

Whenever the Attorney General has reasonable cause to believe that any State or political subdivision of a State, official, employee, or agent thereof, or other person acting on behalf of a State or political subdivision of a State is subjecting persons residing in or confined to an institution, as defined in section 1997 of this title, to egregious or flagrant conditions which deprive such persons of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States causing such persons to suffer grievous harm, and that such deprivation is pursuant to a pattern or practice of resistance to the full enjoyment of such rights, privileges, or immunities, the Attorney General, for or in the name of the United States, may institute a civil action in any appropriate United States district court against such party for such equitable relief as may be appropriate to insure the minimum corrective measures necessary to insure the full enjoyment of such rights, privileges, or immunities, except that such equitable relief shall be available under this subchapter to persons residing in or confined to an institution as defined in section 1997(1)(B)(ii) of this title only insofar as such persons are subjected to conditions which deprive them of rights, privileges, or immunities secured or protected by the Constitution of the United States.

After that, there was nothing left to be said other than: “For these reasons, I am calling upon the Department of Justice to conduct a comprehensive investigation of the circumstances surrounding this tragedy, and to take appropriate action necessary to vindicate the federal interest to protect the civil rights of all Americans and to ensure that all persons receive equal justice under law.”

I think that is what we would call a *mic drop* from one of the great Stateswomen of American politics.

Add your voice along with Representative Sheila Jackson Lee:

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