A hidden photojournalist captures Omaha police terrorizing black residents for filming the beat-down of their brother.

[One of the officers can be heard shouting, “Kill the f**king Dog!” @ ~3:34  into the clip.]

by Carlos Miller

Omaha – A lawsuit was filed in an Omaha incident so brazen it not only got four officers fired, but led to felony criminal charges against two officers for confiscating a cell phone from a citizen recording them before disposing of it and its memory card.

The incident would have never come to light had it not been for another citizen video secretly recording from an upstairs bedroom window, showing cops beating a man over a parked car before chasing another man into his home for video recording the arrest.

The six-minute video shows the man with the camera recording from the sidewalk while the cops beat the other man in the street. Eventually several more cops come pulling up, which is when they all chased him into the house and destroyed the evidence.

The family is being represented by the ACLU, who posted the following press release Monday:

Members of an Omaha family (Johnsons) filed a lawsuit in federal court today alleging that excessive force, a warrantless search and seizure were used in response to a parking incident in March, 2013. The Johnson family was never compensated for the damages to their property or their medical expenses resulting from this incident. All charges against the Johnsons were hastily dropped. An internal investigation resulted in the termination of four of the officers and criminal charges were brought against two of the officers for either tampering with evidence or being an accessory.

The lawsuit was filed by the ACLU of Nebraska and Diana Vogt of Sherrets, Bruno & Vogt on behalf of five members of the Johnson family. It names Todd Schmaderer, Chief of Police, eight named officers, and 24 unnamed officers.

A neighbor captured video of the incident across the street from the Johnsons. His recording was posted on YouTube and circulated through several national media outlets. Throughout spring 2013, multiple rallies and demonstrations were held in support of the Johnsons, calling for reforms to OPD practices.

On Mar. 21, 2013, two officers responded to a request from a tow-truck driver who was removing unregistered vehicles. The lawsuit alleges that when Octavius Johnson walked up to try to determine what was happening to the family’s cars, Octavius was placed in a chokehold, thrown to the ground and beaten. In the video, it appears as if the officer who struck Octavius looks around to ensure he is alone and then begins to hit Octavius. Brothers Juaquez and Demetrius Johnson filmed the incident from either the sidewalk or the front porch of their home at 33rd and Seward.

Over twenty additional officers, including a command officer, arrived on the scene. Officers chased Juaquez into his home and conducted a search without a warrant. Inside the home, Sharon Johnson, aunt to the Johnson brothers, was thrown from her wheelchair while Juaquez was thrown to the floor and repeatedly struck. Officers did not help Sharon back into her wheelchair and instead placed her in handcuffs. The phone and video cameras used by Juaquez and Demetrius were confiscated and have never been returned. Criminal charges were filed against the officers involved in the conspiracy to destroy or hide the material. Sharon was taken to the hospital and the Johnson’s two dogs were taken into custody at the Johnson’s expense.

“Despite the fact that no crime, drugs, or weapons were involved, more than twenty officers arrived at the Johnson’s home, invaded their privacy, confiscated their property and unnecessarily injured four members of the family,” said cooperating attorney Diana Vogt. “You do not lose your right to be treated with respect by law enforcement simply because of where you live in Omaha or the color of your skin.”

“Pulling over twenty officers away from other parts of the city should sound an alarm for taxpayers,” said ACLU of Nebraska Legal Director Amy Miller. “Omaha Police have already been warned by the ACLU about their failure to respect the rights of those filming law enforcement. This incident further reinforces that independent oversight is needed to help evaluate training practices and provide for responses when officers depart from their training and standards.”

1983_ACLU_Complaint

UPDATE:

Erin Golden

by Erin Golden

Fifth Omaha police officer loses job over 33rd, Seward arrests

A fifth Omaha police officer has been fired over the controversial arrests of three brothers at a north Omaha home last year.

Officer Dyea L. Rowland was terminated Thursday, people with knowledge of the investigation told The World-Herald.

The termination comes as the Police Department is wrapping up a lengthy investigation into the incident at 33rd and Seward Streets — some of which was captured on video by a neighbor.

Rowland was one of four officers placed on administrative leave or reassigned after the incident.

The March 2013 incident began with a parking complaint and escalated into a chaotic scene to which 32 officers responded.

This week, the American Civil Liberties Union, working on behalf of Octavius, Juaquez, Demetrius, Sharee and Sharon Johnson, filed suit in federal court against the city and all the responding officers. They allege the officers used excessive force and completed a search without a warrant.

Four other officers were fired in April; two were later charged with crimes.

Officer James Kinsella, who reportedly destroyed a memory card and camera used by the Johnsons to record the arrests, was charged with felony evidence tampering and misdemeanor obstruction and theft. His supervisor, Sgt. Aaron Von Behren, faces misdemeanor charges for allegedly arranging a cover-up.

Kinsella, Von Behren and a third fired officer, Justin A. Reeve, didn’t appeal their terminations.

In June, a judge ordered Rowland to cooperate with prosecutors in the case against Kinsella. Authorities asked for the order because they believed Rowland would refuse to testify in order not to incriminate herself.

Officer Bradley D. Canterbury, who was filmed punching Octavius Johnson after the officer had thrown Johnson to the ground, appealed his firing and is awaiting an arbitrator’s decision.

In addition to Rowland, Officers Matthew C. Worm, John D. Payne and Joseph A. Koenig were reassigned or placed on administrative leave.