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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