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Seeking Referrals for a Class Action Lawyer

 
I am writing to inquire about representation for a class action lawsuit or other suit structure related to trauma-informed policy and racial justice.  I recognize you are not a "legal firm" and also recognize the connections you may have from the tireless work you do on behalf of people of African ancestry.  While it may be most productive to discuss the strategy rather than read/write about it, I will briefly outline some of the theory here.  Specifically, as an educational psychologist it is clear to me that and how some institutions, both public and private, are incentivizing rather than constraining the violence that occurs against Black women, children, and men.   Can they be held responsible for failing in that obligation?  This responsibility is relevant to police unions that seek to douse dialogue about police excessive force (e.g. New York), States that enact legislation supporting an erroneous perception of violence against police thereby creating an environment of hyper-vigilance ideal for intentional or unintentional exploitation (e.g. Louisiana), elected representatives (?and candidates) that use their platform to incite or incentivize racism and disparities, the DOJ/Feds with lax and nearly impossible to reach thresholds on what constitutes a “violation of civil rights,” and licensed attorneys (e.g. the St. Louis County prosecutor and others) who remain licensed attorneys despite clear and obvious throwing of cases via introduction of tainted witnesses, soliciting technical dismissal due to inappropriate charging for the crime, et cetera.  It is important to note that only with race do you have to prove that the perpetrator intended to cause harm because of race...with sexual discrimination, for example, one just has to feel harassed. Is this burden of proof related to racial discrimination itself a racially discriminatory policy? 
 
The above is a short list demonstrating how--collectively and individually--public (local, state and federal) institutions teach anti-black racism by not constraining and holding accountable violent behaviors, disparate impact, and discrimination against people identified as Black.  With that said, the legal question is:  Does the state (either federal, state, and/or local) and its agents/contractors/appointees (e.g. the American Bar Association and/or Unions, etc) have an obligation and/or implied or expressed contract with “the people,” to constrain the violence that we witness almost daily?  If not a contract or obligation, then what is the relevant legal hook?  In what federal, state, local, or international jurisdiction?
 
Also, does the state, at any level, have an obligation to use the research-evidence toward a Constitutional and ethical end that it has provided funding to complete?  The federal government is the most prolific funder of research, much of which has long ago provided actionable data for systems change and quality improvement.  Is there a civil or criminal case to push for evidence-based practice and policy related to anti-racism policy across sectors: education, policing, et cetera?
 
With that in mind, is there a case for requiring implicit bias testing, screening law enforcement officials for implicit bias and vigilance states (hyper-reactivity) to protect citizens and their employers (which appear to be one and the same).   Relatedly, are "the people" employers (or the like) of the police and/or educators who receive public dollars and is there an employment related case relevant to performance and deliverables?
 
Lastly, if no current legal structure/entry exists to enforce accountability, is that absence of redress and protection itself actionable?  Under what legal "banner?"  In what venue/jurisdiction?
 
Much of the theory grounding this inquiry relates to social teaching and learning, trauma-informed care, public health and the cost of trauma from violence. In fact, the federal government itself, through its Substance Abuse and Mental Health Services Administration advances a definition of trauma that can be applied to police violence and heavy handed educational discipline.  They further advance a "cure" to trauma (i.e. Safe, Stable, and Nurturing Relationships and Environments) that is counter to heavy handed policing and educational discipline.  I have not highlighted here the outcomes and cost of allowing this pattern to persist (we can readily amass that data) nor have I outlined remedies that may be sought, money is the least of them.
 
If there are grounds for bringing a class action suit or other suit structure in the tone highlighted here, the time to act is now.
 
Feel free to DM/private message me.

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andrea schulz posted:

I wonder if such a case would be of interest to Southern Poverty Law Center? 

Dear Andrea:

Thanks for your engagement. 

Per the Southern Poverty Law Center website:  "The SPLC’s current legal work is focused on impact litigation in these areas: Immigrant Justice, Children’s Rights, LGBT Rights, Economic Justice, and Mass Incarceration. We do not handle any other matters at this time." 

So, while their website is filled with messages/rhetoric about racism/white supremacy and anti-black activities, apparently state-sponsored anti-black terrorism is not one of their issues of action.

Matt Furlong posted:

Sorry if I sounded like your community is the only one with struggles that need to be addressed and the rest of us have it better.  I don't believe that.  I believe we are all facing an epidemic of sizemoc proportion. I hope you bringing these challenges to the light will create change that benefits all.  Thank you for standing up for those who can't.

I think that part of the problem, Matt, is that white communities really do have it better.  Simply being white affords us privileges that other races do not have. Until we can admit that and stand up against the injustice of that, things will not change on any level.  

I live an extremely diverse community in Minneapolis, not very far from where this most recent tragedy happened.  When I use the word community, I am referring to my black neighbors, my Latino neighbors, my Tibetan neighbors, my Middle Eastern neighbors, my African neighbors  etc.., as well as my white neighbors, but the truth is that if it were me and my husband in that car, this never would have happened.  It never would have happened, because we are white.  Plain and simple.  This is a truth that needs to be acknowledged. 

My heart broke for Diamond and their little girl as I watched the Facebook stream, it broke as I watched Philando's family speak on TV last night, it breaks for the entire black community that must somehow fight this injustice without letting their rage get the better of them.  They should not have to fight this injustice alone.

You are correct that we are facing and epidemic.  It has taken on a life of its own and it really is hard to know where to start to fix such an enormous problem. As individuals we feel small and inconsequential,  but I think we can all start by admitting the race disparage problem exists and using our inherent white privilege to initiate change in our communities.

Last edited by Billi Sirvio

One of the ways to walk the trauma-informed talk in matters where people feel strongly is to ask what people mean. Listening deeply also means asking questions so that a common language can be developed, defined and agreed upon. People from different sectors, age groups, ethnic groups, geographic areas, religions, economic groups and genders often find they're saying the same thing; they just use different language.

Matt Furlong posted:

Sorry if I sounded like your community is the only one with struggles that need to be addressed and the rest of us have it better.  I don't believe that.  I believe we are all facing an epidemic of sizemoc proportion. I hope you bringing these challenges to the light will create change that benefits all.  Thank you for standing up for those who can't.

Matt,

These are difficult times and bear with me as I attempt to express my rage and disgust about what happened this time in LA and MN.  And particularly, my anger about apathetic (thus complicit) people.  Ok.  I, and hopefully others, have to STOP being sensitive to people who choose to be ignorant, amoral, or attempt this "All Lives Matter" crap (and are thus complicit).  How can a person legitimately claim ignorance or All at this point?  Yuck.

"I don't know how it feels to be Black" in a world that privileges the 1661 creation of whiteness.  Read a book, watch a youtube video, watch the news, pay attention!  The first place to start is by literally investigating the history and construction of one's own identity.

I cannot think of a single person in this issue who cannot stand up.  Cannot think.  Not one...  Of any "race" or any demographic.  I feel that what those who cry "I don't know what to do" REALLY mean is I can't find a reason to care or I don't know how standing up and following the blood trail will affect me and my ambitions/network/status.  That is disgusting to me and I will never forget nor forgive it.

So when you stated " I hope the health of your community will be taken seriously by the responsibility of the leadership,"  I interpreted that as the majority of people with privilege to oppress feel it is "my community issue."  Therefore the "leadership" does not have "our" interests in mind nor heart.  Therefore we must...always, primarily, and creatively.  I accept that.

Last edited by Pamela Denise Long

Sorry if I sounded like your community is the only one with struggles that need to be addressed and the rest of us have it better.  I don't believe that.  I believe we are all facing an epidemic of sizemoc proportion. I hope you bringing these challenges to the light will create change that benefits all.  Thank you for standing up for those who can't.

Matt,

Thank you for your response.  It is not just the health of "my community,"   but as I write this apparently I, and millions of others, are resisting the reality that the majority of people with power to oppress feel it is "my community issue."  I will accept that and act accordingly.

Last edited by Pamela Denise Long

In order for change to happen the problem has to be brought to the light, and thank you!  Our families throughout America deserve an accountable attitude that is interested in best outcomes. In Montana, we face similar challenges, but change will only happen if people unite.  If you're not getting a supportive attitude from your government then raise awareness and influence the voting public. Also, turn to community to support you, and don't let it defeat you when government isn't supportive. I completely understand the harm that families are going through due to practice that is not constructive. I hope the health of your community will be taken seriously by the responsibility of the leadership.

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