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Running head: HOLMES V GRAVEY

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Holmes V Garvey Anyelis Rodriguez John Jay 03/29/2018

HOLMES V GARVEY

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Within the context of this case, it is notable that there are various aspects of the law that have had extensive implications on police brutality. One of the outstanding elements is that the case has shed light on the need for jurisprudence in instances whereby an individual has been subjected to such treatment. In line with the approach used when giving compensation in this case, it is evident that the jury was considerate of the previous instances whereby such incidents had occurred before. This served as a vital platform on which the jury made the decision. It is also notable that the case was characterized by the evaluation of the various elements of the law that contain perceived weaknesses as pertains to handling police brutality. This paper elucidates the Massachusetts Bay Transportation Authority focusing on the Holmes v Garvey case that involved police in this agency. MBTA Modern policing in America took time to evolve until the 1830s when the northern cities saw a need to come up with better control of the rapidly growing population. In 1938 the first American police department was established in Boston. After formation, trouble began almost immediately with European Immigrants being targets of the harsh tactics of the police. The horrors of the Jim Crow South led the African America to seek refuge in the Northern cities, and they too become victims of the punitive and brutal policing(Skolnick & Fyfe, 1993). Since then the long and painful history of police brutality has been of concern with little or no success in ending the vice. The Massachusetts Bay Transportation Authority also known as the transit police is the police agency that has primary jurisdiction over Massachusetts Bay Transportation Authority. Its main focus is to patrol the Boston area and the surrounding. It was formed in the year 1968.

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MBTA has full jurisdiction of the 175 cities and town that form the MBTA service area; this includes on and off MBTA vehicles and properties. Many municipalities of Massachusetts do have their own policing departments. The counties have a sheriff department that has facilities such as correction facilities and jails. The Massachusetts Bay Transportation Authority Police have the primary obligation of the MBTA facilities and are entrusted to enforce orders by writing tickets. In October 1968, an Act was amended under the provisions of the Massachusetts General Law creating the MBTA Police Department. The first police officers in the department were hired in on December 9th, 1968. The MBTA Transit Police is located Massachusetts, Boston. Address: 240 Southampton Street Boston, MA 02118. Thus, the police agency is in the United States, Massachusetts, county of Stuffolk. Boston is one of the largest cities in the United States. A center for higher learning and medicine Boston is one of the most densely populated regions in the US. In 2016, Boston had an estimated population of 4.7 million people. Boston’s demographics according to 2010 census were as follows; white (non-Hispanic) made 53.9%, African American 24.4%, Native American 0.4%, Asian 8.9% and a 17.5% of the Hispanic/ Latino (US Census Bureau, 2016). The MBTA Transit Police Department is responsible for promoting safety and security throughout eastern Massachusetts and Greater Boston. It is divided into the following divisions; patrol Operations where the officers are involved in patrolling the field, special events for example marathons, vehicles and MBTA stations. Special Operations, which is responsible for providing tactical support and is responsible for explosive materials. Honor guard, this the departments that occasions funerals or parades. Details Administrations, which oversees the police agency comply with the laid down policies. Investigate Services as the name suggest is responsible for carrying out investigations on crimes and incidents(Massachusetts Bay

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Transportation Authority, 2017.). Other departments include Criminal Investigations, Crime Scene Services, Juvenile Services and Stopwatch, Administrative Services, Court Case Management, Professional Standards and the MBTA Transit Police Academy. At the moment the Agency is headed by Kenneth Green who is the chief of police. Kenneth Green joined the Transit Police in 1991 from being a police officer for eight years in the Town of Winchester. He holds a Bachelor of Science degree from Boston University and a Criminal Justice Master’s degree from Anna Maria College. Second in command is the superintendent post held by Richard Sullivan. Preston Horton currently holds Deputy Chief, Patrol Operations Division post, and Sean D. Reynolds holds deputy chief of Administration Services Division. MBTA Transit Police has a number of 277 sworn in officers, 74% are white, and this might not be a problem as the service area Boston host a majority-minority composition of the population. To Become an Officer in MBTA One does not need to be a resident of Massachusetts to qualify as a candidate of the Transit Police Department. The first step involves taking an entry-level exam with the Massachusetts Civil Service. One can select the MBTA Transit Police Department. Education requirement to be eligible for the police post in the Transit Department is a high school diploma or a certificate issued by the Massachusetts Department of education. They also consider at least three years of service in the armed forces, but the last discharge or release should be in an honorable condition. When applying for the Civil Entry Level Police Officer exam, one should be of 21 years of age or over. One has to take a written exam to be considered as an eligible appointee of the Transit Police Officer. It is not a requirement to be a Massachusetts resident to become a Transit

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Police officer. One has to pass both a psychological evaluation and a medical examination to be appointed. There is a requirement of a valid driving license. According to chapter 41, section 101A of the M G Laws police officers hired from the listing are forbidden from consuming tobacco products during the time of appointment and after the appointment. One disqualification even if you pass in all the other stages is if one has ever been convicted of a felony. There is a comprehensive background check of the interested candidate as no person who has been convicted of a felony is to be deployed in the MBTA Transit Police. Having passed in all the above, the candidates hired from the eligible list will be required to attend and successfully complete the basic recruit training academy after they pass the state-administered civil service examination. After training and induction into the Transit Police Agency, the police officer is entitled to maintain balance and order at the transport system and ensuring public safety at the buses and the subways. The department is responsible for the properties, vehicles, and right of way at the commuter rail system. The Transit Officer has jurisdiction over the one hundred and seventy-five cities and the boundaries of the Commonwealth of Massachusetts. Transit Police are under the supervision to execute law enforcement activities, protect civil rights, property, and protect life. Their main duties include patrol and interacting with citizens for ease of providing assistance and services. On August 19, 2015, Roxbury resident Mary Holmes filed a lawsuit suing two MBTA officers for police brutality. According to Holmes, the two officers violated her constitutional rights. The incident took place at the Dudley Square MBTA station in Roxbury, according to Ms. Holmes, the main culprit Jennifer Garvey was shoving a black woman, and Holmes spoke out only to be pepper sprayed and beaten with a metal baton by both Garvey and partner Trinh

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before arresting her. The videos of the ordeal surfaced, and individuals in the society were against the act considering there were MBTA signs everywhere in the community telling people to say something if they see something. The American Civil Liberties Union of Massachusetts together with Ms. Holmes sued the agency hoping the act will prevent further police brutality and enforce police accountability in the community. ACLU hopes that the case will bring the needed changes in the communities around Roxbury and throughout the Massachusetts area ("Holmes v. Garvey - ACLU Massachusetts," n.d.). At the time of the incident, the head of the MBTA was Chief Paul MacMillan who had been at the station from 1983 to be appointed as Chief in 2008. Paul MacMillan is credited in the agency for being the first one to rise through the ranks and led the department. Paul Macmillan stepped down, and Kenneth Green was appointed as the acting MBTA Transit Police. The Holmes v Garvey case was still on at his appointment as an acting head. Mr. Green said that the MBTA would use their policies and force online to make it easy and simple for civilians to file their police complaints to curb such incident as that of Holmes and Garvey. He also ensured the community that his department would train and monitor MBTA officers to enhance professionalism. Mr. Green transferred to Transit Police from Winchester Police Department in 1991. Green comes in as the second favorite in the search committee recommendations. However, because of his experience in the Agency and his shown triumph, in community-policing Green was the best choice according to the MBTA general manager. Green held a strong relationship with the communities served by MBTA thus giving him an advantage.

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References Holmes v. Garvey - ACLU Massachusetts. (n.d.). Retrieved from https://aclum.org/casesbriefs/holmes-v-garvey/ (Accessed in March 2018) Massachusetts Bay Transportation Authority. (2017). MBTA Transit Police | MBTA. Retrieved from https://mbta.com/transit-police (Accessed in March 2018) Skolnick, J. H., & Fyfe, J. J. (1993). Above the law: Police and the excessive use of force (p. 198). New York: Free Press. US Census Bureau. (2016). City and Town Population Totals: 2010-2016. Retrieved from https://www.census.gov/data/tables/2016/demo/popest/total-cities-and-towns.html (Accessed in March 2018)...