This unique case surfaces an underexamined question of how intent figures into the context of racialized policing.
When the Supreme Court struck down the use of race-conscious admissions at Harvard and the University of North Carolina last term, the conservative justices behind the decision robustly claimed to seek the end of racial discrimination, espousing a view that “eliminating racial discrimination means eliminatingof it.
The federal landscape for addressing racialized policing is thus deeply baffling. Although racial profiling is permitted, the mechanism for challenging racially discriminatory policing—selective enforcement in violation of the 14Amendment—requires showing an officer’s discriminatory intent. Finding evidence of an officer’s racist intent is increasingly improbable, given that police are unlikely to state their racial biases.
in policing establishes a prima facie case of racial discrimination justifying the exclusion of evidence. Other state courts across the nation should take note and adopt similar determinations.makes a few significant doctrinal moves. First, the court decided that the dispatcher’s actions were attributable to police for the purposes of Scott’s constitutional claim.
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