Carey Cass Hudson admits to being charged with driving drunk and being hauled down to the Fort Worth jail — but he’s not defending against a DWI charge. Nope, Hudson is fighting Fort Worth law enforcement by accusing the cops of using excessive force against him down at the station.

And Carey Cass Hudson has it all on videotape to boot.  (Watch the video below, released by Carey Hudson and the Fort Worth Star Telegram.) 

Warning: This Video is Disturbing.

As you watch the video, you’ll see the following:  he’s handcuffed behind his back.  Not much of a threat to anyone, right?  He’s being escorted by more than one police officer.  He’s shoved into a door frame.  Lotsa cops around.  Then he’s thrown onto the floor in a manner that would make Mike Tyson proud: fast, deliberate, with power.  Carey Hudson doesn’t move, except to curl into a fetal position once he’s on that linoleum floor. 

Two things of note.  Look for the blood there by his head once the cops start to move him.  And count the cops that are either involved in this brutality, or that sashay by while this man is lying there, bleeding. 

The Dallas Morning News is reporting that the DWI charges have been dismissed against Mr. Hudson, and that a settlement of $120,000 is being offered to Mr. Hudson by the City.   You betcha a quick settlement would be good for the City. 

Fourth Amendment, 1983 Actions, and the Crisis of Excessive Force/Police Brutality in this Country

But is this justice?  First, let’s consider what is Excessive Force under the law.  The United States Constitution, under the Fourth Amendment, allows for a personal seizure if it is “reasonable.” 

Remember the Fourth Amendment?  “No person shall be deprived of life, liberty, or property without due process of law.”   That’s important.  Especially today. 

Cross the reasonable line, and you have a federal constitutional violation, and a violation of the Civil Rights Act (42 USC 1983) as well.  That law reads:

Every person who, under color of any statute, ordinance, regulation, custom or usage of any State . . . subjects or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law . . . .

What’s unreasonable force?  Unreasonable, or excessive force, is any force that is greater than the amount of physical force needed to subdue a criminal suspect. 

Excessive Force by Cops is a National Law Enforcement Crisis Today

Lack of trust in local police departments due to cops’ repeated use of excessive force is a crisis nationally.  It’s happening everywhere, not just in our neck of the woods. 

Good thing that video cameras are available to document these events – because you gotta wonder if any of us would know anything about what happened to this man in that police station if that camera hadn’t been there. 

Is this an example of Excessive Force?  You decide:

David Board, Chief of Police for Bastrop, Texas, was driving along Ed Bluestein Blvd. in Austin around 9:45 pm this past Monday night when some of his law enforcement brethren pulled him over — and busted him for driving drunk. 

That’s right: the Austin cops gave no special favors.   The Police Chief was busted. 

Chief Board was charged with misdemeanor driving while intoxicated and later released on a $5000 Personal Recognizance Bond.  He’s not on the job, however:  the City Manager has told the media that the Assistant Chief will be handling those job duties while Chief Board deals with some things. 

Right on the Heels of the State-Wide 2010 Labor Day DWI Enforcement Initiative (August 20 – September 6)

Interesting that the Bastrop Police Chief was arrested for drunk driving within days of the beginning of this year’s state-wide DWI enforcement grant program, which begins this Friday (August 20, 2010) and continues over the Labor Day holiday ending Monday, September 6th, 2010. During this block of time, police officers across the state will be focusing upon stopping potential drunk drivers — and over the Labor Day weekend, we’ll have another of those state-wide “No Refusal” campaigns. (“Where the police “don’t take ‘no’ for an answer.”)

Here’s the video that KTRE is graciously sharing online with all of us, showing Lufkin cop Grant Jones pulling over 75 year old Tracey Lott as he was driving fast, trying to get his pal Johnny Hodge, 73, to the hospital. (Mr. Hodge was later hospitalized for respiratory and blood pressure problems.) Surprised?

After this dashcam video hit the media, office Jones resigned.

Watch for yourself as the police officer pulls the car over, draws his gun on the obviously non-violent, non-threatening senior who was driving, is disrespectful as he forces the driver, handcuffed behind his back, into the police car, and more.

Listen to his tone, his words — and think: the elderly gentlemen in that passenger seat, on the way to the hospital, could be dying.  Luckily, he wasn’t — but who knew that at the time? 

“It don’t make no difference, ” the cop says to Mr. Hodge – ill, sick, setting in his buddy’s front seat there on the side of the road, as Mr. Hodge tries to explain that his friend was just trying to get him fast medical care. No wonder this is getting national news coverage: