Hat tip to Slate’s Convictions for this D.C. Circuit decision in Johnson v. D.C..  As it happens, Johnson (first name Juan) is a cop.  Out of uniform, however, he’s just good old Juan.  That’s a dangerous thing to be in any city, especially the District of Columbia.

And so the decision begins with this illuminating paragraph:

Juan Johnson is a police officer whose off-duty act of kindness to a stranger in distress landed him in the middle of a drug bust in which he was repeatedly kicked in the groin by a police officer who mistook him for a criminal.

That can happen when your name is Juan.  A narcotics officer, Jeffrey Bruce, told the story this way:

Bruce testified at his deposition that Johnson tried to escape by lunging into the apartment and trying to crawl away, keeping his hands close to his body. Bruce claimed he then ran into the apartment after Johnson, holstered his weapon, and reached for Johnson’s arms, at which point Johnson produced his police badge and Bruce let him go. Bruce denied ever having kicked or stomped Johnson.

Officer Bruce, by his version, was every bit the consummate professional.  Juan told a different story:

Johnson, who was standing just outside his apartment, immediately complied and tried to signal to Bruce that he was a fellow police officer. When his signals failed, Johnson realized that he could not easily resolve this case of mistaken identity and feared that Bruce might shoot him in the face or chest. With his hands still raised, Johnson turned away from the gun and fell through the open doorway of his apartment, landing face-down on the floor. While Johnson was prone on the floor with his arms and legs spread, Bruce repeatedly kicked and stomped his groin and buttocks. Johnson protested, “What are you kicking me for? I’m the police. I’m the police. Why are you kicking me, why are you stomping me?” When the MPD identification badge around Johnson’s neck finally came into view, Bruce stopped kicking him.

The rest of the decision is about §1983 issues, having nothing to do with my purpose in posting this.  The rest of this post is directed toward my friends in the judiciary.

My dear judges, the facts as related by Police Officer Juan Johnson, who learned to his dismay what it means to be accidentally close to a perp when not in uniform, are essentially the same as the stories I and my brethren in the criminal defense bar have been telling you for as long as I’ve been practicing law. 

As we tell the story, your eyes glaze over.  As we recount the pointlessness of mindless, knee-jerk police violence, your head turns away.  When my Juan doesn’t have a police shield like this Juan, you “find” the police officer credible, despite the horrific physical injury that makes the cop’s story impossible. 

Bear in mind that Officer Jeffrey Bruce, who was likely very angry because he was forced to run after a perp who sold drugs to an undercover (and we all know that making a cop chase you down is an invitation to a good tuning up) was never threatened.  This was a garden variety buy and bust.  This was not hardcore violent crime, unless Bruce’s gun went off as he was running after the perp with his weapon drawn so he would be ready to shoot him.

Why does Officer Bruce feel so entitled?  Is it acceptable, as long as it doesn’t happen in your neighborhood?  Can you continue to pretend that these things never happen and reflexively side with the cop in the face of all evidence to the contrary?

I understand it’s hard to sift through the facts, but it’s worth the effort.  These things happen. They happen regularly.  They will continue to happen as long as you give the cop a free pass on beating citizens and lying to you about it.  You can stop it.  If you want to.
Juan Johnson learned what it means to be a citizen.  What did you learn?