Resources: Restraint, Criminalization, Zero Tolerance, Disability, Schools, Compliance

These are stories of restraint, criminalization, and the cult of compliance in our schools. Most, but not all, involve disability. Names are as listed in the media reports, sometimes with last names, sometimes not. More to come.

Lede - Virginia: Kayleb Moon-Robinson: 11, black, autistic. Criminalized for kicking a trash can and not staying in his room after. Here's the PRI report, the longer Center for Public Integrity report, and a similar report from Reveal.
Restraint - Disability. Please note that this is not representative of racial breakdown of cases, but of cases that have made the news recently. I suggest that white kids are more likely to get this kind of attention, given the data below about the ways that zero tolerance policies are more likely to be used against African American kids.
  • Tennessee: Colton Granito, 8, autistic, white, was "arrested, thrown in a jail cell, and placed in a strait jacket over an outburst at his elementary school.
  • Georgia: Patrick, 6, "special needs," black - placed in handcuffs by School Resource Officer (SRO) to "keep him from hurting himself," in violation of the IEP. (My blog post on it)
  • Indiana: Kevin, 10, "behavior issues," black - tackled by school police, handcuffed, head injured.
  • Georgia: Salecia Johnson, 6, black. Arrested for tantrum. "According to the police report, Johnson tore items off the wall, threw furniture, and knocked down a shelf that injured the school’s principal. Cops said since they couldn’t reach Johnson’s parents that the girl had to be arrested."
  • Virginia: 4 year old, ADD, no other details: Arrested, handcuffed, shackled, taken to police station because - "The pre-kindergarten student had thrown blocks, climbed on and over deks, and scratched and kicked both the principal and the director of special education. “The boy was out of control, basically, throwing his arms around and kicking– trying to kick the deputy, trying to run away, and the deputy felt that putting the handcuffs on him was for his safety as well as everybody else’s,”
  • Michigan: Kevin, 13, autistic, white. Refused to get up from desk in an empty classroom, so police come in and handcuff him as he screens. Original post here. Re-post with working video here.
  • Florida: Ryan, 10, autistic, Latino. Ryan made threats against himself with scissors. School called police and not initially parents. Police dragged him down the hall, handcuffed and pressed to the back of a hot car, and invoked "involuntary commitment" Baker act.
  • Oklahoma: No name given, 9, ADHD, Schizophrenia and Obsessive Compulsive Disorder, white. Handcuffed as a threat despite presence of father.
  • Washington: Wyatt, 6, Oppositional Defiant Disorder. Restrained in bus due to unruly behavior. (My blog).
Other Compliance - Disability
Compliance - Not Disability
General Studies (reporting from ProPublica)
Zero Tolerance Studies
  • Study -  Tracing the School-to-Prison Pipeline from Zero-Tolerance Policies to Juvenile Justice Dispositions,
  • "The Hidden Side of Zero Tolerance Policies: The African American Perspectives." By Charles Bell.
  • How Urban Minorities are Punished for White Suburban Violence (via Jstor).
  • Weapons in Schools and Zero Tolerance Policies.
  • Gender, Race, and Disability Disparities in Who is Subject to Corporal Punishment.
  • Zero Tolerance - Moving the Conversation Forward.
  • Zero Tolerance - Overview: 
    • Zero tolerance policies may negatively impact students with disabilities to a greater degree than students without special needs. Although IDEA '97 requires continuing educational services for any student with a disability who is suspended for more than 10 consecutive days or 10 cumulative days in one academic year, policies that require suspension or expulsion for certain behaviors put many students with disabilities outside of the education setting, apart from educators who could help address their needs. Further, discipline practices that restrict access to appropriate education often exacerbate the problems of students with disabilities, increasing the probability that these students will not complete high school. School personnel charged with disciplining students with disabilities must be familiar with relevant components of IDEA '97, including the provisions for Interim Alternative Educational Placements (see resources below). Other alternatives are mandated by federal and state statute to assure that students with disabilities have ongoing access to an appropriate education.
  • When can zero tolerance policies be applied to people with special needs?
    • When a school district seeks to expel or suspend a student with a disability for more than ten days, the threshold question that must be answered is whether the conduct at issue was a manifestation of the student’s disability. The law provides a very favorable standard for making this determination. In order to find that the misconduct was not a manifestation of the student’s disabilities, all of the following must be found to be true
      • (1) the child’s IEP and placement were appropriate, and the school provided services consistent with the IEP;
      •  (2) the child’s disability did not impair the child’s ability to understand the impact and consequences of the behavior subject to disciplinary action; and 
      • (3) the child’s disability did not impair the child’s ability to control the behavior. 
    • If any of these conditions are not met, the school district may not discipline the child.
Meta

History and Myth in Game of Thrones

Last year, a reporter at the Chicago Tribune called me to ask, "Was medieval life really the way it's Game of Thrones?" I said yes, of course, nearly everyone had a dragon, was a zombie, or carried around ancient swords made of semi-magical iron.
Screenshot: A dragon looms over a
cowering shepherd. 
depicted during

Ok, I didn't say that. I very calmly and reasonably talked about the way that life for most people was reasonably dull, without major events, and that Martin knew this. His initial idea for GoT was taken from readings on the War of the Roses in late medieval England, and he was interested in the ways that civil war devastated a civilian population. So there are some loose analogies. And there are better analogies to medieval literature, as noted by Brantley Bryant. The Chicago Tribune piece was never published. I wasn't interesting enough for her, but I find the whole way that Martin uses history and legend, and the effect it has in terms of building a massive fanbase, to be fascinating. There's plenty of history and literature infusing Game of Thrones, but to me it's not what makes the world so compelling to so many people.


My friend, and literary scholar Rob Barrett, offered me a clue, and I detailed his and my subsequent ideas over at Vice. Please read the original piece and share it if you like it, as freelancers like me depend on people sharing my work in order to get future gigs. I wrote:

Rob Barrett, who teaches medieval literature at the University of Illinois Urbana-Champaign, referred me back to the Hyborian Age of Conan the Barbarian and writer G. K. Chesterton's loose mixture of history and fiction in The Ballad of the White Horse.

In the introduction to the The Ballad of the White Horse, the poet, theologian, and philosopher wrote, "It is the chief value of a legend to mix up the centuries while preserving the sentiment. That is the use of tradition: It telescopes history." Robert E. Howard, the creator of Conan, read Chesterton's White Horse and set his own stories in a world pulling from legends and history. Note that Chesterson speaks of value. This kind of storytelling has the power to spark the imagination in ways that faithful historical recreation or adopting a specific historical setting for fantasy might not. When history is telescoped, an author takes interesting things from wherever and whenever they want and puts them in service of a new story that still feels familiar. We recognize the archetypes, then follow the plot forward.
The power of telescoping history fuels Game of Thrones. In past seasons, the civil war of Westeros drew from the War of the Roses (from the 14th century) in late medieval England as Martin's vehicle to show the disaster of civil war for civilian populations. The Ironborn invoke the Viking raiders of the ninth and tenth centuries, hundreds of years before the War of the Roses. Like the Vikings, the Ironborn aren't really just raiders but would-be conquerors of the mainland. The Dothraki, now largely out of the story (but perhaps returning later), present a potential existential menace on the scale of the Mongols (13th century). Vaes Dothrak, their city, is not unlike Karakorum, a city that combined the values of nomadic life—tents, open spaces, herds—with the mercantile role of a capital city of a major political power. Vikings, Mongols, and War of the Roses: These elements come from thousands of miles and hundreds of years apart, here telescoped in mythic form to Westeros and Essos. And it works.
I really like this notion of Telescoping History. I'm especially excited, as a Venetianist, for Braavos, which draws on Venetian myth and anti-myth (more the latter, but tweaked to a positive in this fantasy world).

Do you watch? What do you think of the season so far?

TheEEStory: The End



I started this blog about 8 years ago, it was just an experiment.  I had hoped EEStor's claims of a new type of energy storage device might pan out but it wasn't my life-long passion to find better batteries. Over the course of covering this story,  I did find a passion for improved energy storage and became captivated by all of the possibilities.

At some point, this became a bit of an

Cult of Compliance - Fully Restrained Woman Tased to Death

This is pretty much as bad as it gets. It's like a scene from a dystopian novel, as bio-hazard suit clad officers take a schizophrenic woman, one who they have already handcuffed, and tase her to death, killing her as she screams in horror.

Except that it happened.
A mentally ill woman who died after a stun gun was used on her at the Fairfax County jail in February was restrained with handcuffs behind her back, leg shackles and a mask when a sheriff’s deputy shocked her four times, incident reports obtained by The Washington Post show.
Natasha McKenna initially cooperated with deputies, placed her hands through her cell door food slot and agreed to be handcuffed, the reports show. But McKenna, whose deteriorating mental state had caused Fairfax to seek help for her, then began trying to fight her way out of the cuffs, repeatedly screaming, “You promised you wouldn’t hurt me!” the reports show.
Then, six members of the Sheriff’s Emergency Response Team, dressed in white full-body biohazard suits and gas masks, arrived and placed a wildly struggling 130-pound McKenna into full restraints, their reports state. But when McKenna wouldn’t bend her knees so she could be placed into a wheeled restraint chair, a lieutenant delivered four 50,000-volt shocks from the Taser, enabling the other deputies to strap her into the chair, the reports show.
And here's the defense:
Fairfax County Sheriff Stacey Kincaid declined to comment on the case but defended the use of a stun gun on a restrained prisoner, saying it was “a means that is often useful to ensure the safety of a person” rather than using physical force to gain compliance. She said stun guns were used “occasionally” on prisoners who are already restrained.
I know there are cases in which this is true. However, I'd like to know how often these officers try de-escalation and patience before tasing restrained prisoners into compliance. My guess - almost never.

And experts agree.
Numerous experts said the use of a stun gun on a fully restrained prisoner was an unreasonable use of force, particularly in a jail setting where a person is unlikely to flee. They also said Tasers are not recommended for use on the mentally ill, that even the Taser manufacturer warns against using them on people in a state of “excited delirium,” and that using a stun gun more than three times is thought to be above the threshold for use on a single person.
The piece continues to describe a very troubling series of events that, undoubtedly, presented the officers with many difficult choices. They made the wrong ones.

And here's the meta story - we need a mental heath system that does not place people like McKenna in prisons.

Sunday Review: Game of Thrones Edition

I am sick. I am sick with that all over body ache and low fever that is not quite bad enough to send
me back to bed, but is bad enough to suck all the joy from life.

Which is to say, I'm in a fine frame to talk about the upcoming season of Game of Thrones. I've seen the first four episodes and they are pretty good. I may have a preview coming out from Vice later today looking at the big picture, but here are non-spoilery additional thoughts about seven major plotlines in the new season.

1. Major plot: Cersei vs Margaery. Kings' Landing focuses on the conflict between these two women. It's less misogynistic than I feared (so far), as these things go, in that it's clearly cast as a power battle not, say, jealousy over Tommen. Tommen is a tool and a pawn (poor kid) as both Cersei and Margaery lose allies one by one.

2. Buddy movie: Bronn and Jamie on the Road to Dorne. Not as much singing and dancing as one might expect from a "Road to ..." movie, but it brings in a kind of witty banter that I've come to expect from Bronn. Without Tyrion as a foil, Jamie works well. Also this is not in the books, so we don't really know where the plot will go, which is always interesting.

3. Speaking of Tyrion - We follow him on his way down the coast of Essos and the Free Cities, learn his destination, and re-encounter an old friend. First four episodes are really not so great for Tyrion, despite a few good drunken quips, and that's not unexpected given the books. I found "Tyrion goes east" to be interminable in the books, so I hope they cut most of it. We may well see the Stone Men though, as we get a few explicit references to them in various scenes.

4. One place we hear about the Stone Men is in regards to Shireen, daughter of Stannis Baretheon. Stannis reveals a few soft moments which I like, as it makes the character more interesting. Meanwhile, I'm happy to tell you, Jon Snow still knows nothing.

5. Sansa Stark, on the other hand, knows a lot. I'm enjoying the slow emergence of Sansa, although I also know there's going to be significant ick up ahead for her. We see the shape of that ick emerging clearly by episode 4. I think it's ok to say that Brienne is going to be involved in Sansa's story in ways that do not track with the books. I'm very curious to see how that goes.

6. Arya, in the meantime, is in Braavos, learning to become A Faceless Man (Girl? Woman? I sort of have the sense Martin just uses "Man" as a neutral, because of course he does). I loved this plotline in the book and hope it gets a lot of screen time. A lot of it takes place internally within Arya's mind, though, rather than action, so I'm afraid it may be just bits and pieces here and there.

7. Finally, there's Daenerys in Meereen. My problem with the "education of Daenerys" plot is that Martin is not the ideal writer of the interior journey of a young woman. And then there's the orientalism built into the plot, as the white woman tells the brown people that they are decadent, that slavery is bad, and that justice is good. Also, and I think this is really important, I don't care if you are unsullied, spears are really bad weapons for urban combat in close quarters and I feel like elite badass warriors ought to know that.

Some things I wrote this week:
More published pieces next week.

Cult of Compliance - You Need To Calm Down Before I Tase You


Yesterday, I talked about Donald Ivy, a man with psychiatric disability, who was tased to death in Albany. Today, it's Elijah Roberts. He wasn't tased, but the threats used against him reveal a lot about why Donald Ivy is dead. Here's the story, also from Albany. My emphasis.
When she called police because her 22-year-old son, Elijah, had become agitated during a holiday dinner, Neketa Roberts of Albany explained that he suffered from mental illness.
Despite the advance notice, police didn't handle the situation well, according to her account.
"One of the officers told my son, 'You need to calm down before I Tase you,' " Roberts said, referring to the use of a Taser, a brand of stun gun.
Roberts and her family told the cop he was out of line. Luckily, her son — who is 5 feet 9, 215 pounds, strong and sometimes difficult to control — was able to regain his composure. But the police officer's approach may well have exacerbated the young man's anxiety instead. The officer later told Roberts that he used the Taser threat "as a scare tactic" to get her son to obey him.
So we have an officer facing a man in mental health crisis, a man with known psychological and developmental disabilities. The officer's plan - verbally threaten to tase him until he calmed down.

And if he didn't calm down, what then? Does he tase him? If that enrages rather than sedates him (as is often the case with people in mental health crisis, as they process stimuli in distinct ways), what then?

This is how police encounters with people with disabilities so quickly escalate - there's the demand for compliance for someone who may well not be able to comply, or not comply quickly or in a typical fashion, and violence follows. Roberts, luckily, escaped that fate for now. But what about next time?

"Calm down before I Tase you."

It's a step on the way to Donald Ivy, Lavall Hall, and so many others.

------

Louis Hayes, police use-of-force trainer and frequent commentator here, on Twitter, and someone I go to for his expertise, submits this comment. Note, he's not saying that the threat was necessarily positive in this way, only that devoid of context, we don't know. Here's what he wrote:

For a moment, consider the following monologue:
....Hey buddy. How you doin'? My name is Lou. I'm with the police department. Your mom called us because she's worried about you. I'm worried too. I'm a crisis cop...which means I help people who are mad, angry, sad, upset. I have a lot of experience with what you're feeling today. I see you're awfully upset and worked up. We need to make sure everyone stays safe here, OK? I don't want your passion and emotion to be confused as a threat or danger. Some policemen might take your loud tone as being aggressive....not me. I'm here to listen and let you vent your feelings. It's unfortunate that the police had to be called. We have a lot of tools here to keep us safe, so we can help you. We need to be calm and talk through this. Maybe you see a lot of videos on television. That's not me. They're not you. But if you get aggressive towards us here, I'll be forced to tackle you or use my Taser. That would not be good. You need to calm down before I Tase you. In the meantime, you stay there and I'll stay back here. We talk. We find out together how we can get you help. I really like helping people. I'm going to give you a lot of my time today.....
What does family hear? I'm going to Tase you. At which point, an officer might think...."geez I should have rephrased that."
The context, tone, volume, body language, proximity is completely missing when a single quote is used to formulate or propagate one's agenda. 

Thanks Lou. We need to question narratives, whether journalistic or official police ones (as I said yesterday). This is a good reminder.

Nissan announces U.S. pricing for 2016 370Z Coupe, 370Z NISMO and 370Z Roadster


Nissan today announced U.S. pricing for the 2016 370Z Coupe, 370Z NISMO and 370Z Roadster, which are on sale now at Nissan dealers nationwide. Once again offered in a selection of eight 370Z Coupe models, four 370Z NISMO models and five 370Z Roadster models, 2016 Manufacturer's Suggested Retail Prices (M.S.R.P.) remain unchanged from the previous model year.

The starting Manufacturer's Suggested Retail Price (M.S.R.P.) for the 370Z Coupe with manual transmission is $29,990 USD, while the 2016 370Z NISMO has a starting MSRP of $41,990 USD (manual transmission), The 2016 370Z Roadster starts at $41,820 USD.

2016 Nissan 370Z Coupe
The 2016 Nissan 370Z once again offers extraordinary performance, design and an unmatched heritage as one of the most iconic sports cars in automotive history. It is offered in four well-equipped trim levels 370Z, Sport, Sport Tech and Touring, with no available option packages.


Enhancements for the 2016 model year include the addition of a new Deep Blue Pearl exterior color and a new available Bose® audio system incorporating Active Noise Cancellation (ANC) and Active Sound Enhancement (ASE). The ANC system generates canceling sound to remove undesirable low frequency engine noise, while preserving invigorating sounds of engine performance, providing a more “pure” sound. The ASE enhances natural engine sounds to help bolster the driver's acceleration experience.

The 2016 370Z Coupe is equipped with a standard 332-horsepower 3.7-liter DOHC V6 engine with Variable Valve Event and Lift Control (VVEL) and choice of 6-speed manual transmission with an available SynchroRev Match® synchronized downshift rev matching system or a 7-speed automatic transmission with paddle shifters.

Manufacturer's Suggested Retail Prices* (MSRP) for the 2016 Nissan 370Z Coupe:
370Z Coupe 6MT$29,990 USD
370Z Coupe 7AT$31,290 USD
370Z Coupe Sport 6MT$33,570 USD
370Z Coupe Sport 7AT$34,870 USD
370Z Coupe Sport Tech 6MT$37,070 USD
370Z Coupe Sport Tech 7AT$38,370 USD
370Z Coupe Touring 6MT$37,970 USD
370Z Coupe Touring 7AT$39,270 USD
Destination and Handling $825.

2016 Nissan 370Z Coupe NISMO
Significantly revised just last year with a new exterior design and redesigned RAYS aluminum-alloy wheels, the 370Z NISMO and 370Z NISMO Tech both receive a new Bose® audio system incorporating Active Noise Cancellation (ANC) and Active Sound Enhancement (ASE).


Once again in 2016 the 370Z NISMO's GT-R-inspired functional and fully integrated aerodynamic body pieces provide an aggressive and more aerodynamic appearance, along with optimizing front and rear downforce. The standard 19-inch NISMO super-lightweight forged aluminum-alloy wheels by RAYS feature a twin-five spoke design and a charcoal gray machine-finish.

Inside, the unique NISMO-styled interior features black-and-red Recaro® leather-appointed seats with Alcantara® accents. The seats were designed with Recaro® specifically for the 370Z NISMO to provide more uniform body pressure and better all-direction holding during spirited acceleration, braking and cornering. The interior also features red seat trim and stitching with NISMO logo, an Alcantara®-appointed leather-wrapped steering wheel with red center stripe and NISMO red tachometer.

As in previous years, the 2016 370Z NISMO is powered by a potent 350-horsepower 3.7-liter DOHC V6 engine with Variable Valve Event and Lift Control (VVEL). The 370Z NISMO's enhanced engine power and acceleration (versus non-NISMO 370Zs) is provided through use of an exclusive H-configured exhaust system design and muffler tuning, along with optimized ECM (Engine Control Module) calibration, to help create 18 horsepower more than a standard 370Z Coupe. Torque is rated at 276 lb-ft.
Two transmission choices are offered for the 370Z NISMO model – a close-ratio 6-speed manual transmission with standard SynchroRev Match® or a refined 7-speed automatic with Downshift Rev Matching (DRM), Adaptive Shift Control and manual shift mode with paddle shifters.

The 370Z NISMO also features a refined 4-wheel independent suspension, NISMO-branded strut tower brace for enhanced body rigidity and a pair of performance dampers to help minimize road-input vibrations and help contribute to the NISMO 370Z's high levels of handling and performance feel. Large Nissan Sport Brakes and a Viscous Limited-Slip Differential (VLSD) – with a shorter final drive ratio for better acceleration feel - are also standard.

Manufacturer's Suggested Retail Prices* (MSRP) for the 2016 Nissan 370Z NISMO:
370Z Coupe NISMO 6MT$41,990 USD
370Z Coupe NISMO 7AT$43,290 USD
370Z Coupe NISMO Tech 6MT$45,490 USD
370Z Coupe NISMO Tech 7AT$46,790 USD
Destination and Handling $825.

2016 Nissan 370Z Roadster
For 2016, the Nissan 370Z Roadster continues with the expanded model lineup from the previous year, with a choice of three well-equipped grades: 370Z Touring Sport Roadster, 370 Touring Roadster and 370Z Roadster. The major change for 2016 is the addition of a new Deep Blue Pearl exterior color.


The 2016 Nissan 370Z Roadster again offers an unmatched balance of dynamic performance, sculptured styling, innovative technology and exceptional value – matched with the exhilaration of pure open-air motoring. The convertible top, which is designed to provide a sleek silhouette matching the 370Z Coupe's stunning styling with the top up or down, features an easy, single-action open-close operation. The 370Z Roadster's interior is completely driver-centric, with its three-layer design grouping items by how a driver sees information, operates the controls and is held in place – so drivers feel completely connected and engaged.

As in previous years, the 2016 370Z Roadster's outstanding performance starts with a 332-horsepower 3.7-liter DOHC V6 engine with Variable Valve Event and Lift Control (VVEL), matched with a choice of electronically controlled 7-speed automatic transmission with Downshift Rev Matching (DRM) and standard paddle shifters or a 6-speed close-ratio manual transmission with available SynchroRev Match®. Responsive handling is provided by a refined 4-wheel independent suspension.

Along with the long list of standard equipment on the base 370Z Roadster, including Bluetooth® Hands-free Phone System, USB input and black-finished 18-inch aluminum-alloy wheels, the 370Z Touring Roadster adds Nissan Navigation System with 7.0-inch touch-sensitive display, Bose® Audio System, cooling and heated ventilated leather-appointed seats and RearView Monitor. The top-of-the-line 370Z Touring Sport Roadster includes Viscous Limited-Slip Differential, SynchroRev Match® (manual transmission only), 19-inch RAYS super lightweight forged aluminum-alloy wheels and Nissan Sport Brakes.

Manufacturer's Suggested Retail Prices* (MSRP) for the 2016 Nissan 370Z Roadster:
370Z Roadster 7AT$41,820 USD
370Z Roadster Touring 6MT$45,270 USD
370Z Roadster Touring 7AT$46,570 USD
370Z Roadster Touring Sport 6MT$48,100 USD
370Z Roadster Touring Sport 7AT$49,400 USD
Destination and Handling $825.

Narratives: The Latest Victims of the Cult of Compliance

Walter Scott's killing has made national news, propelled by a cell phone video that allegedly shows the officer dropping a TASER by the body, trying to make the death look justified. When Scott died, I expected to hear defenders of the killing blame Scott for running, but there's been relatively little of that. Instead, Officer Slager is being rendered a bad apple, rather than the sign of a systemic problem.

But absent video, there's little question in my mind that Slager would have gotten away with this. That tells me two important things.

1. Body cams are necessary. They must be deployed with appropriate mandatory activation policies. They will cause some new problems and need to be carefully monitored in terms of storage and use of video, but they are quite simply needed. The failure to turn on one's body camera must function as a gross violation of policy and perhaps indication of wrongdoing. There is no other way to regain trust than to have the verification of video.

2. Police testimony generally has a powerful evidentiary status, a fact that Slager tried to exploit in his alleged crime. For example, Justus Howell was killed in Chicago just a few hours after Scott. He was allegedly in the midst of a deal to buy a handgun when the cops got involved, and ran away with the gun. Running with a firearm is likely justified legally (although I have not heard any evidence that Howell was in fact trying to use the firearm, so any threat remained speculative). The police have told a very clear and consistent story about the incident. Do we believe them? How can we, when this story about the death of Walter Scott, told before the video was out, also is very clear and tells the story of a justified shooting.  I am not saying I in fact think the Zion police are lying. In fact, I think that it's almost certain that their narrative is accurate. But, Slager's conduct forces us, as responsible citizens, to question police narratives.

EDIT - The New York Times has a piece about officers being assumed to tell the truth unless there's evidence to the contrary. They suggest that might have to change. I agree.

Moreover, these are not the only deaths in the news of late.

I wrote about Lavall Hall, the man in mental health crisis holding a broomstick, who police chased as he ran, and shot as he allegedly turned back to them (fearing the broomstick). Now the lawyers for Hall's family have released video, I suspect trying to link their case to Scott's.

The police aren't happy.
As the video played at the news conference, one of the attorneys for the family said Daniels can be heard telling police before the shooting, “Please don’t hurt my child, please.”
A spokesman for Florida State Attorney Katherine Fernandez Rundle told ABC News that the investigation is ongoing and they have concerns the video may endanger the investigation into the incident, but the office could not stop the family from releasing the video.
"We investigate every police use of force as a potential criminal case, and that’s why the premature release of this video may well interfere with the investigation," the spokesman told ABC News.
Maybe the premature release is an issue, but to me, I think it's that the video makes the police narrative more questionable. The narrative is:
"The officers were faced with a dangerous situation. They have already given statements to investigators indicating Mr. Hall struck them with a weapon and deadly force was used. The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene. The reliable evidence will establish Officers Trimino and Ehrlich acted appropriately.”
And then there's Donald "Dontay" Ivy - Tasered to death in Albany.
The family of Donald "Dontay" Ivy, 39, described him as a paranoid schizophrenic they said suffered from heart problems. His relatives waited for answers later in the day about the death of a man they said was quiet and introverted as they gathered outside their Second Street residence, several blocks from where the incident unfolded.
Police said Ivy fought with the officers, Michael Mahany, Joshua Sears and Charles Skinkle, at Lark and Second streets and led them on a brief foot chase. The officers started performing CPR on Ivy 11 minutes after the confrontation began at 12:36 a.m., according to a police spokesman.
Police leaders have not said why the officers confronted Ivy or how many times he was struck with a Taser. Ivy was pronounced dead at Albany Medical Center Hospital after he arrived in an ambulance at 1:10 a.m., a spokesman said.
Details on the case are still pending. But Ivy is remembered as a "good kid." Family members argue that the police knew that Ivy was disabled and should have approached the situation differently.
Police nationwide have faced scrutiny for their use of deadly force, especially toward the mentally ill. Ivy's family is questioning the fatal actions of Albany police, since they believe Ivy's illness was apparent.
"They would have known that he was mentally ill," Okwuosa said. "And they would have dealt with it from that perspective. Which they did not, and as a result, I had to see my nephew in the morgue today."
Meanwhile, the DA has announced an independent investigation.

Undergraduates Doing Awesome Things

I am a professor at a small Catholic university on the edge of Chicago. We have an extremely diverse population of students, a teaching-centered institution, a social justice mission, and I go to work feeling extremely lucky in many ways.

But especially today. Today we are holding our Undergraduate Research, Scholarship, and Creative Investigations (URSCI) expo. I am the Director of URSCI and love the way our students' best work takes center stage through this annual event. Here's a video on the kinds of work students do and a taste of how I'll be spending my day.



This is American higher ed at its best. Our country is full of small schools with, at best, regional reputations, creating space for students to achieve on wildly new levels. These accomplishments come out of close mentoring relationships, the willingness to say yes to student ideas, and modest internal funding. We graduate a very high rate of students who come from backgrounds that, at other schools, get left behind. Of course, we are tuition driven, so things always feel precarious.

Lately, I've been reading a lot of debates about big public universities vs community colleges vs elite privates vs the University of Everywhere (MOOC Heaven). My kind of institution - small, private, not elite, tuition driven, not as cheap as a low-end public but still pretty affordable, relationship-centered - doesn't really have a place in these big national debates. Maybe it should, because I think the types of students we serve best get left behind by the big technophilic educational disruptors.

But enough grim thoughts for today. I'm off to be inspired. See you tomorrow.

Are Megacities Ready For The Megacity Car?


During the i3's development, BMW often used a large city as a backdrop for the concept i3 photo shoots. 
Megacity: A metropolitan area with a total population in excess of ten million people.

BMW has all along told us that the i3 was designed for urban transport, a glimpse at the future of personal mobility in the megacities of the world. Heck, the code name for it was even "The Megacity Car."  However now that the i3 has been available for over a year, BMW is realizing that the Megacity car is selling better outside the city limits.

I've never really accepted that the i3 would do well in the megacity markets, at least in the US, and I've voiced that opinion on many occasions. Having lived with electric cars for the past six years, I've had the experience of driving and charging in the both suburbs and in the city, so I'm intimately aware of the challenges of public charging. I live about 50 miles from New York City and go there frequently. Driving my electric cars to and around the city isn't a problem, however charging it there is. There just aren't enough places to charge your car there to make living with an EV in New York City palatable. There are public parking garages and a few lots that have EVSEs, but finding one that works is one problem. Then, if you're lucky enough to find a lot that has one which is working, you often have to fight with the attendant to make sure they plug you in once you've left your car there.
My car was unplugged after only about 45 minutes of charging. It was sitting right where I left it so they didn't need to move it, someone there just decided to unplug me. With only 28% state of charge, I needed the range extender to get me home. This is a typical EV charging experience in NYC
The last three times I've gone to the City I had nothing but problems getting my car charged. In fact, two of those times I had to drive home using my range extender because the car wasn't charged. Just last week I went to the New York Auto Show and parked at the 9th Avenue Edison Park Fast lot because it had a ChargePoint charging station. When I pulled in I told the attendant I needed to charge for a minimum of three hours and he seemed to understand what I was saying. He said "Oh this is electric? No problem I'll plug you in." I even gave the guy a $5 tip up front with the hopes that he'd take care of me. As I was walking to the Javits Center a few minutes later I checked my BMW i Remote app and saw my car was charging so I figured I was good. I left the car with only 10% state of charge and wanted to be at at least 90% for the trip home, and that would take about three hours of charging. No problem because I planned to be at the show for about six hours. As I was walking back to my car later that day I checked my app just to make sure I was charged and to my surprise I saw I was only at 28% SOC and the car wasn't charging. When I arrived I asked why my car wasn't charged and the attendant only said, "We charged it."  I figured maybe they had to move it for some reason, or maybe another EV came that needed to charge but no, someone just decided to unplug it after about 45 minutes of charging. The car was still parked in front of the EVSE, it wasn't blocking anyone so it hadn't been moved, it was just unplugged hours ago for no apparent reason.
This time in New York I was able to charge up at an underground parking garage, but only after 45 minuted on the phone with ChargePoint trying to get this unprovisioned station operational.
This has happened before to me in New York City, so I wasn't really surprised. I've even had the attendant promise to plug me in and never do it. I now either wait to watch them plug it in or check my app as I'm walking away to make sure someone plugs it in. Luckily I had the REx to bail me out or I'd have been in a real jam, as I needed to be somewhere else in about an hour.
Electric range insufficient. Not what you want to see when you return to your car after leaving it in a public parking lot to charge. Luckily I had the range extender to fall back on. 
I could go on and on about previous difficulties I've had trying to charge in the city, but I think I'll dedicate an entire post to that sometime soon. The point here is charging an EV in the city is difficult at best. Yes, if you live there it is possible to make arrangements with the garage where you keep your car, and install an EVSE for your personal use, but many of the garages don't have the additional electrical capacity for a dedicated 40 amp circuit even if you're willing to pay for the installation and the electric, so the owners are stuck plugging into a simple 120v outlet and slow charging all of the time. Beam Charging network in New York has stations in various parking garages and offers a $98 per month unlimited charging plan, but you still have to find accessible stations and pay the regular parking fee which can be very expensive. It's definitely doable, but not very convenient or inexpensive.

So it was no surprise when I read an article this week by Diana Kurylko of the Automotive News quoting BMW NA CEO Ludwig Willisch saying i3 sales have been weaker than expected in large cities like New York: "The strongholds in this country are parts of California, Texas and southern Florida, rather than large cities, he said" The article further says: "The big urban centers in the Northeast, especially New York City, haven't embraced the i3, Willisch said. Unlike Californians, he said, New Yorkers apparently don't have sustainability and the environment "at the top of minds." I don't think it's a lack of a desire to be sustainable as much as it's difficulty charging the car there. California has a much more mature public charging infrastructure, and most people there live in private residences, unlike New York City. Overall, BMW is pleased with US i3 sales, and they are on pace to sell about 12,000 i3s per year here, they just seem to be a little surprised where the sales are coming from. I'm certainly not surprised, and I even wrote a post about a year ago that said the i3 was better suited for suburban and country life than life in the city, and I listed the reasons why I believe that to be true.

My i3 lives about 50 miles west of New York City... and fits in perfectly
Living in the suburbs or the country means you are usually in control of your energy supply, because most people live in single family homes there. There can be issues if you live in an apartment or condo complex, but you also have the choice to move to another location close by if charging is prohibited in the complex you live in. Living in a private residence allows you to install the home charging equipment you need, so you're not relying on public charging infrastructure as much.

Accessibility to charging is paramount for daily EV life, and in New York the public charging infrastructure has a very long way to go before it becomes convenient enough for many more people to consider an EV if they live there. Life in the big city is tough enough, and fighting on a daily basis for somewhere to charge your car is probably something most New Yorkers aren't willing to deal with. However there is hope that things will get better. Last year New York City passed the "Charger Ready Bill" which requires all new construction in New York City to dedicate 20% of the new parking spaces for EV charging spaces. I actually was asked by Mayor Bloomberg's office to testify in front of the committees on buildings and transportation in favor of the bill, which I did. This law will dramatically increase the amount of public charging locations in New York City, but it will take years before the results are really seen.

So are megacities like New York ready for electric cars? Not really. Not yet, I'm afraid. 

Inadvertant Sexism - The Fix Starts With Listening

Over the last week, I twice wrote (and tweeted) about Joshua Kim and an essay that I found to be sexist. More importantly, the women he wrote about found it to be sexist, and in the ensuing discussion, Kim spent a lot of time talking about what he thought and he felt, rather than acknowledging the truth of Rab's and Watters' lived experience.

Kim initially resisted the message that his tone-policing was sexist, but eventually came around (as he really had to, hence the message of my open letter) and wrote a solid response to the issue. Here's the best part of his piece.

One of the gifts that this whole week has given me is that I’ve had lots of really good conversations with some of my closest female colleagues. They told me story after story about how they have been made to feel when making arguments… “too political, “too emotional, and entirely out-of-line”. (Again quoting from Watters). Over the years I have extensively linked to the writing of Watters, referencing her as an authority in educational technology. (On 4/9/14 I even said that Watters was one of 3 people I know in edtech who should get a McArthur Genius Award, writing - “…who would better use this money/platform more to change our ideas about higher education?”). Given this background, I had assumed (and I think that this was a bad assumption) that my critique of her and her co-author would be understood as part of an ongoing professional interaction within our IHE community. It was my mistake to think that this history would matter in how my critical comments would be received, and to not fully appreciate the way that I wrote would be heard. It is absolutely true that at the time I would have written a similar response if the authors of the Watters/Goldrick-Rab review of Carey’s book had been men. My blindspot is not that I thought about gender when I wrote my critique of their review, it is that I did not.
He still relies on his intention as a shield, which is understandable. Intention does matter. It's better to be sexist accidentally than intentionally. On the other hand, he actually cannot know whether he would have written a similar response of the authors of the review had been men, because we are not wholly independent actors, and that to me is what is interesting.

We consume patriarchal (and racist, and classist, and ableist, and homophobic, and ...) culture from birth and it can rear up and shape our perceptions, our speech, our actions without warning. This is why it is vital, in these cases, to make the apology, to listen to the aggrieved (not me, but Rab and Watters and those in a similar situation), and then hope for restored community. Because we will all mess up from time to time.

Listening is key, and that's what I like about the paragraph above. He set out to listen to his female colleagues, heard what they said, and modified his response. Had he listened from the beginning, he would have realized that inadvertently or no, he was operating in sexist ways, and quickly backtracked and tried to make amends.

When we really listen to the voices of others, the voices of people experiencing discrimination and prejudice, then so much else follows.

Civil Suits Against Police Under Attack - The Waning Power of Civil Law to Counter Police Violence

I've been away over the weekend, so am a bit behind on stories to write. I try not to write when spending family time on vacation! Ahead this week - apologies, deaths by taser, death by gunfire, thoughts on undergraduate achievement. I'm also writing about the Middle Ages, the local Zoo, public intellectuals, and the Game of Thrones.

For Monday, though, I want to talk about civil suits. One of the reasons that Sheehan vs SF worries me (see my piece here) is that it may make it harder for civil suits against police to get in front of juries, and already lawyers don't want to take those cases. It's hard to sue police and win.

Here's an example from Richmond, VA.
In 2005 (the wheels of justice can grind exceedingly slowly) the police in Cambridge, Md., acted on a tip and found a small amount of marijuana residue in a trash can. At 4:30 a.m. on May 6, a SWAT team executed a search warrant on the apartment of Andrew Cornish. A jury would later find the commandos failed to knock and announce themselves properly. As they rushed through the apartment, Cornish came out of the bedroom with a sheathed knife in his hand. The police say he advanced on them. One of the officers shot Cornish twice in the head, killing him.

Elapsed time: about 30 seconds.
So we have a situation in which SWAT was found to have killed someone after not following procedure.
Cornish’s father sued, claiming the police used excessive force and violated Cornish’s constitutional rights. The first point was quickly dispatched with. (Lesson: Never bring a knife to a gunfight.) But as Balko points out in his Washington Post blog, on the second point the courts agreed. Not only that, “both the trial court and the appeals court that ruled against Cornish’s father acknowledge both that the police violated the knock-and-announce rule, and that they lied about doing so.”
Yet two out of three judges on the 4th Circuit panel (both George W. Bush appointees) decided nevertheless that Cornish bore all the blame for his own death. Other courts have reached similar conclusions in similar cases, you see — so that must make it OK: The police can break into your home unlawfully and shoot you dead, and nobody is at fault for that except you. Not only that, according to the court majority “no reasonable jury could have found that the Officers’ knock-and-anounce violation proximately caused Cornish’s death.”
That is irrefutable, in the same way the no-true-Scotsman fallacy is irrefutable. If I say to you, “No Scotsman would shave his beard,” you can show me countless cleanshaven Scotsmen. Rather than concede I was wrong, I can say, “Well, no trueScotsman shaves his beard!” The revision renders all your counterexamples irrelevant by definition. So while it’s easy to imagine plenty of juries that might blame the police for Cornish’s death, the court can simply write them all off by contending no reasonable jury would.
I think the "reasonable" jury and "reasonable" officer standard is dangerous.  In the Sheehan case, the city is arguing a reasonable officer might have concluded that Sheehan had a gun, had hostages, was making explosives, or could escape out the window. In fact, none of these things were true. In fact, neither officer at the scene believed these things to be true according to initial reports. But a reasonable officer could have, says the city, so the suits should be thrown out.

This writer ends:
The courts, including the Supreme Court, have granted wide latitude to police officers, partly because — they say — officers who exceed the scope of their authority can be held responsible through lawsuits.
And if they can't be held responsible, we lose that very important check on police authority.

Q&A with BMW's Jose Guerrero at the New York Auto Show

Jose explaining the features of the concept i3 at the BMW i Born Electric Tour back in 2012

Having been in BMW's trial lease e-mobility program for five years, I've been able to get to know many of the program managers and engineers working at BMW i in North America. Jose Guerrero, Product Planning and Strategy Manager for BMW i, is one of only a few people at BMW of North America who has been a constant force in the program over the years. That's the nature of the auto industry though. People move around within the company, and often even leave to take on positions at competing OEMs.

So when I saw Jose's name on the list for available interviews at this year's New York Auto Show, I quickly reserved a half hour to sit down with him and talk about the i3 and the future of BMW i.

My i3's battery pack. It was removed from the car in less than an hour.
Future Battery Replacement

The first question was easy. There has been a lot of talk about recent comments by BMW's R&D chief Klaus Froehlich. Froehlich was recently interviewed by Automotive News Europe and asked if BMW would be offering a "more powerful powertrain" for the i3 or i8, and many took that as meaning better batteries once they become available. Froehlich said:  “I don’t think a retrofit makes sense. When better batteries are available, we could then offer models with a longer range or with the same range but at a lower price" and "replacing the batteries is very complex because they are integrated and bonded into the chassis." This didn't make sense to me because I know that any certified BMW i service center can drop the i3's battery and replace one or more of the eight battery modules and put the car back together in a couple of hours. In fact, I've personally seen it done on my car in less than a day. What would prevent BMW from upgrading these modules with higher energy-density cells once they are available in a few years? Here's what Jose had to say about that:
The underside of my i3 with the battery pack removed.

"The strategy of BMW i has always been focusing on sustainability, recycling and really maximizing the usage life of the car. I mean, first of all the car won't rust. It's made of carbon fiber reinforced plastic & aluminum so we are looking at how do we maximize the car for long usage. He didn't say it's not upgradable, but rather that at this point it doesn't seem to make sense. We really are investigating this and if it's possible, and it makes financial sense, why not? This would be in line with the BMW i philosophy. We haven't said we aren't going to do it, just that it has to make sense. A BMW i dealer can do a complete battery replacement in 3 to 5 hours so from a technical perspective it's clearly possible, we would just need to make sure it also makes financial sense. We are always getting asked, "Could you retrofit a navigation system, or Comfort Access into a car?" Yes, we could, but we'd have to rip the whole car apart. That isn't the case with better batteries once they become available, it just has to make sense. We are definitely investigating this, so if it makes sense we'll do it." Guerrero further went on to say it's conceivable Froehlich may have been misquoted or perhaps there was a translation issue because he certainly knows the batteries aren't "bonded into the chassis" as the Automotive News Europe's story indicated.

The Circuit

BMW i has recently launched a new online forum called "The Circuit". Would you like to explain why, and what exactly it is?

"We recognized these cars are different and customers will have questions that are unique to the i brand. We wanted to provide a forum where BMW i customers could communicate amongst themselves, share information and also ask BMW questions directly. There is an entire section called "Ask BMW" where customers can ask questions and get answers much faster than would have ever been possible before. It's direct access to BMW i personal that was not previously possible. We'll post information regarding technical updates, upcoming events, and all official BMW i news. It's our goal to use the forum to improve the BMW i ownership experience."

Hill Climb Assist

Late last year BMW had stated the i3 with range extender would have a software update in March which would add a new feature called "Hill Climb Assist." This was supposed to prevent sudden reduced power mode without warning while the REx was running and to make the vehicle more capable of climbing long, steep hills at highway speeds while in charge sustaining mode. Can you talk a little about this?

"This is something we are still working on. First, let me say the March 15th software update addresses part of the problem which was to provide information to help the driver avoid reduced power in these challenging driving conditions. A big gripe which the owners conveyed to us was they didn't have any warning before the vehicle reduced power. We've corrected that with a warning which comes on before the vehicle enters reduced power mode to warn the driver to alter their driving (basically that means to reduce speed) to hopefully prevent reduced power. Secondly, we've added a state of charge display so drivers can see the exact state of charge and monitor it more closely during these driving events. The the new state of charge display is also applied to the BEV i3s once they get the software update also.
An audible warning and this visual alert comes on when the state of charge drops to 3.5%, warning the driver that reduced power is possible, and giving them time to alter their driving to avoid it.  You can also see the new SOC display in the top left corner.

As for the Hill Climb Assist feature, we're still perfecting it. For the past four months we had a group of i3 REx owners beta testing Hill Climb Assist software and the feedback we got caused us to go back and redevelop it, creating an even more robust version. We are now testing a new version and once we're confident it is ready we will again give it to the beta test group for real world testing before we release it to the general i3 public. We are committed to getting this right and feedback from actual i3 owners is critical."

At this point I was shown a video of an i3 REx driving up a steep mountain climb at highway speeds in the snow. I was told this car had the new software and they were testing it in Vermont this winter on a closed road which was over 3 miles long, up steep hill at highway speeds in the snow. It should be noted that I am one of the people in the i3 REx customer beta test group which tested the previous Hill Climb Assist software. I reported back to BMW that it was insufficient, and it was my recommendation to re-engineer it before it was released to the public. I'm happy BMW agreed and look forward to testing the current version which I'm promised is more robust. I'll report on this new software once I have it on my car. It's not expected to have this new Hill Climb Assist software ready for the general public for another six months or so.
BMW i has a new North American Manager. What changes should we expect?
New Program Manager for BMW i

My last question was regarding the new Manager of Electric Vehicle for BMW of North America, Christine Fleischer. BMW i of North America hasn't had a permanent division manager since Jacob Harb left the post back in November. Prior to assuming the position at the helm of BMW i, Christine had been the BMW M & Individual Area Manager for North & South America.  I asked Jose what this means for the future of BMW i.

"Christine has now started her new role and we're all very excited. During Jacob's time here he was focused on the launch of the brand and we're now in a different phase. Now with Christine we're focusing on continuing dealer training and building sales. We're through the early adopter phase of i3 sales, and we now need to reach the early majority to continue to build sales. Dealer training is important and we'll continue to offer this specialized training so our sales force is prepared, and that's critical to maintain the sales momentum we've built. The whole team is excited to have Christine here for the next phase of BMW i."
The new North American BMW i manager, Christine Fleischer next to a 1M at the Canadian launch in 2011.
Photo courtesy of BMWBLOG


All-New Chevrolet Malibu is Larger, More Technological and Efficient


Yesterday Chevrolet  introduced the all-new 2016 Malibu – a completely restyled midsize sedan engineered to offer more efficiency, connectivity and advanced safety features than ever.

An all-new hybrid powertrain, which leverages technology from the Chevrolet Volt, will help offer a GM-estimated 48 mpg city, 45 mpg highway – and 47 mpg combined, unsurpassed in the segment. The Malibu’s standard 1.5L turbo powertrain is projected to offer 37 mpg highway.

The 2016 Malibu is also longer and lighter, with more interior space and improved fuel efficiency. Its wheelbase has been stretched close to four inches (101 mm), and it is nearly 300 pounds (136 kg) lighter than the current model.

“Midsize customers tell us they want great fuel economy, connected technologies, wrapped in a gorgeous exterior. This is exactly what the 2016 Malibu was engineered to do,” said Jesse Ortega, Malibu chief engineer.

The 2016 Malibu goes on sale in the fourth quarter of 2015. Additional vehicle highlights:
  • Available segment-exclusive OnStar 4G LTE in-vehicle connectivity as well as available wireless phone charging
  • Agile, sophisticated and sleek exterior design incorporates sophisticated details that advance Chevrolet’s signature cues
  • Standard preventive safety technologies include 10 standard air bags, with available features such as Forward Collision Alert and Rear Cross Traffic Alert. Automatic Parking Assist is also available
  • All-new Teen Driver feature, which allows parents to view their kids’ driving statistics, such as maximum speed, warning alerts and more
  • All-new, power-dense Ecotec 1.5L turbo engine with fuel-saving stop/start technology is standard, offering a GM-estimated 160 hp (119 kW)
  • High-output 2.0L turbo with GM-estimated 250 hp (186 kW) is available and is mated with a new eight-speed automatic transmission.

The new Malibu will be offered in L, LS, LT and Premier trims, as well as the Hybrid model. The Premier trim, Chevrolet’s new uplevel designation, debuts in the 2016 Malibu. Additional model and trim details will be announced closer to the start of production.