Officers from the Sacramento Police Department in California were investigating a report of vandalism when they encountered Stephon Clark, an unarmed 22-year-old African American male in the backyard of his grandmother’s house. For reasons which defy logic and basic humanity, Stephon died in a hail of 20 rounds fired from police revolvers, 8 of the bullets hit Stephon; 6 of the bullets tore into his back from behind. Whether the officers responsible for executing Stephon are ever indicted on criminal charges is uncertain, but most certainly his family will have the right to pursue civil rights violation claims against the Sacramento Police Department and its responsible officers. This is because the Constitution of the United States of America guarantees freedom from overreaching and abusive conduct by our police and other public employees of federal, state, and local government. These same rights exist here in New Jersey.
I. Constitutional Guarantees Against Police Abuse
The 4th Amendment and 14th Amendments of the U.S. Constitution promise, respectively: