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Posts tagged California

Cops are here to protect you. (#5)

Government cops protect you by roughing up a suspect woman and breaking her arm, then by making up demonstrably false excuses about how she must have been drunk, and besides which, she might have yelled at them and struggled when a cop tried to grab her. I mean, she was a preschool teacher and he only had about 150 pounds or so on her; what else could he do?

But, before we go any further, let’s review.

Cops in America are heavily armed and trained to be bullies. They routinely shove their way into situations where they aren’t wanted, aren’t invited, and have no business being; they deliberately escalate confrontations in order to stay in control through superior belligerence; they commonly use force to end an argument and then blame it on their victim; and they invariably pass off even the most egregious abuses of power as self-defense or as the necessary means to accomplish a completely unnecessary goal. Cops carry a small armory of weapons and restraints that they can freely use to hurt or immobilize harmless or helpless people, and a small library of incredibly vague laws (disorderly conduct, resisting a police officer) that they can use as excuses for hurting, restraining, and arresting their victims, with virtually no danger of ever being called to account for their actions by as long as other cops, who already have a professional interest in minimizing or dismissing complaints about abusive pigs, can figure out some way to fit the use of these incredibly vague offenses into the police department’s incredibly vague Official Procedures for arrests and for the use of force. And they can always count on their fellow cops to make up, and the mainstream newsmedia to dutifully repeat, absolutely any lie at all, no matter how implausible, and a chorus of city officials and freelance sado-fascist bully boys to get their backs and smear the victim in every media outlet that they can befoul. The practical consequence of the training cops get, and the institutional culture of impunity within which they operate, are squads of arrogant, unaccountable, irresponsible hired thugs with massive senses of entitlement, organized into a paramilitary chain of command, who contemptuously regard their neighbors as mere civilians, who treat anyone who dares to give them lip or who questions their bellowed commands as a presumptive criminal, who have no scruple against using pain or arrest in order to force you to comply with their arbitrary orders, and who excuse any sort of abuse by sanctimoniously informing you that it became necessary to stomp on you in order to protect you — whether or not you ever asked for the protection in the first place.

Thus, for example, consider the case of Kelly Medora and Officer Christopher Damonte. Officer Christopher Damonte found it appropriate to pull Ms. Medora and her friend aside over jaywalking, to scream at them, grab them, and then, when Ms. Medora asked for his name and said he was acting improperly, called in his posse to surround them, then grabbed her arm and wrenched it behind her back, breaking the bone with an audible crack.

Kelly Medora, a petite preschool teacher who weighed about 118 pounds, went out with a friend in North Beach one Saturday night in 2005 for some fun.

Instead, San Francisco police officer Christopher Damonte, who weighed about 250 pounds, arrested her for jaywalking, twisted her arm behind her back and broke it with an audible crack.

. . .

Damonte grabbed her friend’s arm, held it up by her face and demanded she tell him her age, Medora said. Damonte said he would cite her, but didn’t say why.

Medora saw the name R. Fitzpatrick on Damonte’s jacket — he had borrowed it from another officer — and asked if that was his name. This seemed to set him off, she said. He said yes and demanded why she wanted to know. I don’t believe you’re treating my friend appropriately, she replied, court records show. You haven’t told us what we’re being cited for. Please let go of her arm.

Medora said Damonte started to scream at her. Fearful, she said she turned and walked up to another officer and complained about Damonte.

By her account, Damonte then demanded Medora’s driver’s license. Medora said she’d give him her license if he told her what she did.

Instead, Damonte said detain her, by this account, and he and two other officers surrounded her. She said she did not resist them, but merely clutched her purse. Then Damonte grabbed her right arm.

It all happened very quick, she testified. Like he physically took my arm and twisted it up back by my neck to a point where I was completely immobilized. And I said ow, ow. And he pulled even harder, and he snapped it.

There was an audible pop, according to a police report.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

The violence against women and the hypermasculine domineering control-freak behavior aren’t the only things that this uniformed thug has in common with a walking, talking stereotype of a wife batterer. For example, there’s the self-pitying lies, and the retaliation, and the bizarre victim-blaming excuses.

The city’s lawyer said in court papers that Damonte used an approved method of holding her arm, but she struggled. Then in an effort to escape, she squatted down and broke her own arm.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

Let me just pause to say that I wish I could say that I never expected to see another excuse from a violent cop that’s as contemptible and ridiculous as She fell. But honestly, there is no excuse so contemptible and ridiculous that I would be surprised, at this point, to hear it from cops and their defenders. She broke her own arm included. Maybe next week a cop can explain that his victim wasn’t beaten; she just ran into a door.

Medora cried out in pain. Police called an ambulance and cited her for jaywalking.

At Kaiser Hospital, she was treated for a spiral fracture to her right humerus. Medical records state she was not intoxicated.

Medora said she phoned police from Kaiser to file a misconduct complaint, but no one responded.

Instead, an officer delivered a new citation for resisting, delaying and assaulting an officer. The charges were later dismissed.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

So, according to Officer Christopher Damonte, Medora assaulted him. By breaking her own arm.

If you're baffled as to how violent pigs could feel free to indulge in this kind of outrage, and why it keeps happening over, and over, and over again in so many different cities, on so many different police forces, even in these days when brutality like this can no longer be kept in the back of the paddy-wagon, and are easily documented, commonly exposed and widely discussed in newspapers, local TV, on YouTube, on blogs, well, here’s why:

Although Damonte and the city denied wrongdoing, the city recently mailed Medora a check for $235,000, the largest amount ever to settle a lawsuit claiming San Francisco police used excessive force not involving a weapon.

The Office of Citizen Complaints, meanwhile, has found that Damonte used excessive force in the incident and that another officer failed to investigate Medora’s complaint. Damonte faces a disciplinary hearing at the Police Commission and potential punishment including dismissal.

— Seth Rosenfield, San Fransisco Chronicle (2008-05-11): S.F. settles excessive force suit for $235,000

Cops don’t have to give much of a damn about being exposed, because even when they are exposed, cops almost never face any kind of personal consequences whatsoever for their actions, no matter how violent, no matter how widely known, and no matter how obviously helpless, harmless, or innocent their victim. Officer Christopher Damonte, an aggressive, domineering control freak of a man, who flies into violent rages over ridiculous non-crimes and broke a woman’s arms over the slightest questioning of his conduct, will never face any legal consequences for his actions; at the worst, he faces potential administrative discipline from fellow cops, which amounts to either a paid vacation and a verbal reprimand, or else, if they’re really ready to throw you to the wolves, losing your job. If you or I ran up to a woman, a complete stranger, and got in her face about jaywalking, grabbed her, shoved her around, and then, after she dared to ask for a name and object to her treatment, called in our posse to surround her, and grabbed her and broke her arm, we wouldn’t get fired; we’d be in jail, and we’d also be on the hook to pay her money as damages for her injuries and for her pain and suffering. Officer Christopher Damonte, however, has the Gangsters in Blue and the city government of San Francisco to get his back, so instead of him paying damages, the city government will pay it out for him. And then — dedicated public servants that they are — they will turn right around and send the bill for Officer Christopher Damonte’s brutality to a bunch of innocent San Francisco taxpayers, who will be forced to pay for what he did, even though they had absolutely nothing to do with it.

The State will never police itself; the government will never make a serious effort to protect you from your supposed protectors. Why should they, when there is nobody to check their abuses and when they can always force you to cover the bill for their own fuck-ups?

Support your local CopWatch.

(Story via Mike Gogulski @ nostate.com 2008-05-11 and Five Before Midnight 2008-05-12.)

See also:

No, seriously, I could swear the water in this pot is getting a little hotter….

You already knew that Chicago patrol cops are planning to carry M4 assault rifles in the inner city and Springfield, Massachusetts cops plan to switch to black, military-style uniforms in the inner city in order to restore a sense of fear.

But wait, there’s more.

In Tulare County, California, the county sheriff’s office has formed a new, dedicated Gang Unit to engage in saturation patrols of the south end of town, to pull over suspicious cars (any guess on what color suspicious drivers are likely to be), get in the faces of suspect young men (any guess on what the color of those faces will be?), and generally to make sure that certain members of the public are afraid to use public spaces. By putting more heavily-armed police officers on the streets, they claim to be taking weapons off the streets. Gang Unit mouthpiece Sergeant Harold Liles says that the purpose of all this letting them know we are here, and the streets belong to us.

In Wilmington, Delaware, a new charter school is in the planning stages. It will enroll as many as 600 inner-city high school students — or rather, Cadets — for training in jobs for the front lines in the Nation’s [sic] homeland security. The Academy will require its teenaged cadets to wear uniforms, give them extensive physical training during and after school, offer homeland security training as an after-school activity, and offer a choice of vocational curricula ranging from SWAT (Special Weapons and Tactics) through prison guard, water rescue, paramedic, fireman, professional demolition and emergency response operator.

Meanwhile, in the great northwest, Montana Highway Patrol used to carry M14 rifles in the trunks of their patrol cars in case of an emergency. Soon they will all be carrying AR-15 assault rifles strapped to the front seat of the car. Montana Highway Patrol mouthpiece Jerril Ren says that For the most part, they’re trying to make them [high-powered assault rifles] more readily available to the officer and said that the higher-powered guns were necessary for now-common tactical situations.

The Palm Beach County, Florida sheriff’s office is now training and arming regular cops on the beat with AR-15 assault rifles.

Inner-city patrol cops in Miami have also been carrying assault rifles for the past few months, at the behest of city Police Chief John Timoney.

Johnson City, Tennessee patrol cops were already armed with handguns and shotguns. Now they have started a new weapons program to ensure that at least some patrol cops are carrying other, special weapons on every patrol shift. They won’t say in public what those weapons are or how many they are putting onto the streets.

The Washington County, Tennessee sheriff’s office just got a grant from the federal government to arm their patrol cops with AR-15 assault rifles.

And if you’re wondering why all these stories have suddenly hit the news so close to each other, over just the last month, in so many different cities and counties, my suspicion is that you’ve got the answer right there: the United States federal government, which spent the past 30 years or so involving itself in state and local law enforcement agencies through the use of tax-funded training, grants, and equipment sales for paramilitary SWAT teams and anti-terrorism task forces, now seems to be making use of those same grants to more heavily arm and more thoroughly militarize ordinary patrol cops on the highway, in the inner city, and in rural sheriff’s offices.

Do you feel safer now?

See also:

May Day 2008

There will be a time when our silence will be more powerful than the voices you strangle today!

–Last words of August Spies (1887-11-11), immigrant, anarchist, and Haymarket martyr

Fellow workers:

Today is May Day, or International Workers’ Day, a holiday created by Chicago workers–most of them anarchists–to honor the memory of the Haymarket martyrs and to celebrate the struggle of workers for freedom, for a better life, and for control over the conditions of their own labor. It was created during the radical phase of the struggle for an eight-hour day: after legislative campaigns by the Knights of Labor and the National Labor Union failed, labor radicals in Chicago — organizers like Albert Parsons, Lucy Parsons, August Spies — declared that workers should take matters into their own hands, in the form of direct action on the shop floor. Workers would no longer try to get an eight-hour day by promising a useful and compliant voter base in return for patronage from politicians. To get an eight-hour shift, workers would make their own: in many shops, workers in the International Working People’s Association would bring their own whistle to work and blow it at the end of an eight hour shift — at which point most or all of the workers on the floor would just get up and just walk off, like the free people they were, whether or not the boss demanded more hours of labor. At the height of the struggle, they organized a General Strike, in defiance of the bosses and in spite of repeated violence from the Law.

Today is also the third annual day of rallies, strikes and marches against the criminalization of immigrant workers. A day which immigrant workers have chosen for actions against the bigotry of nativist bullies, the violence of La Migra, and the political system of international apartheid, as contemptible as it is lethal. A day to proudly proclaim We are not criminals and We are not going anywhere, to demand the only political program that recognizes it — open borders and unconditional amnesty for all undocumented workers.

And it is a joy for me to read that today is also a day of strikes against the bosses’ war in Iraq, which will shut down all the sea ports on the west coast of the United States, as an act of defiance against the State war machine and against the worthless political opportunists who promise to end it while voting, over and over again, to sustain it:

Amid this political atmosphere, dockworkers of the International Longshore and Warehouse Union have decided to stop work for eight hours in all U.S. West Coast ports on May 1, International Workers’ Day, to call for an end to the war.

This decision came after an impassioned debate where the union’s Vietnam veterans turned the tide of opinion in favor of the anti-war resolution. The motion called it an imperial action for oil in which the lives of working-class youth and Iraqi civilians were being wasted and declared May Day a no peace, no work holiday. Angered after supporting Democrats who received a mandate to end the war but who now continue to fund it, longshoremen decided to exercise their political power on the docks.

— Jack Heyman, San Francisco Chronicle (2008-04-09): Longshoremen [sic] to close ports on West Coast to protest war

The Longshore workers have the explicit support of postal workers in New York and San Francisco, and I hope this will be only the beginning of ongoing, widespread industrial action to end a war that political action — even after two election cycles, after hundreds of millions of dollars, after countless hours of lobbying and electioneering, after a change in government, and with the backing of an overwhelming supermajority of the populace — has proven completely incapable of ending.

This is May Day as it is and ought to be. A Day of Resistance against the arrogance and power of bosses, bordercrats, bullies, and the Maters of War, who would harass us, intimidate us, silence us, exploit us, beat us, jail us, deport us, extort us, and do anything else it takes to stop us from coming into our own. A day to celebrate workers’ struggles for dignity, and for freedom, through organizing in their own self-interest, through agitating and exhorting for solidarity, and through free acts of worker-led direct action to achieve their goals, marching under the banners of We are all leaders here and Dump the bosses of your back. A day to remember:

There Is Power In A Union

There is power, there is power,
In a band of working folk,
When we stand
Hand in hand.

–Joe Hill (1913)

Radio Biling?@c3;bc;e has a list of immigration marches and rallies across the country today. I plan to be at the mitin in Las Vegas tonight:

  • Las Vegas immigrant rights mitin (rally)
  • Tonight, May 1, 2008, 7:00 PM
  • Federal Courthouse, 333 Las Vegas Blvd S.

Meanwhile, in the news, some useless idiot is wandering around Washington proclaiming Law Day, accosting hundreds of millions of complete strangers to tell them to put on ceremonies in praise of his own power to do the beating, jailing, deporting, etc. In Istanbul, organized workers marched to Taksim Square in defiance of the Turkish government, which has declared their free assembly illegal, and which has deployed government riot cops to attack them with firehoses and tear gas. In Harare, organized workers are holding rallies today to call attention to the devastating effect of the government’s hyperinflationary money monopoly on workers’ wages–and an apparatchik of the Zimbabwean government–one of the most violently anti-worker governments in the world–is taking the opportunity to wear a concerned expression and assure that Government would at all times endeavour to make sure that workplaces were monitored through inspections to minimize hazards that might injure or kill them. (No word yet on whether the hazards the inspectors will be inspecting for include the Zimbabwe Republic Police or the Central Intelligence Organization.) We must never forget what this band of creeps and fools is doing their best to remind us of — that the State is the most deadly weapon of our enemies, and that it is a weapon that we will never be able to wield for ourselves without chaining ourselves to politics and destroying the very things we meant to fight for.

In this season and in these days, in the midst of Babel during its most raucous festival–when so much of what we see and hear are the endless shouts of professional blowhards who know of no form of social change other than political change, and who know of no site of political change other than the gladiatorial arena of electoral politics, and who seem to know of no form of electoral politics other than polling, horse-trading, and endlessly shouting about a series of nomenklatura-contrived issues, which boil down to little more than a media-facilitated exchange of racist, sexist, ageist, and authoritarian barbs among the nomenklatura-approved serious candidates–it’s important to remember that, in spite of all the noise and spectacle, the most significant events for labor and for human freedom are happening in the streets of cities all over the country and all over the world, where workers are organizing among themselves, demanding their rights, fighting for their lives, and defying or simply bypassing the plutocrats and their so-called laws. In the U.S.A., while the punch-drunk establishmentarian labor movement reels from one failure to another, some of the most dynamic and successful labor struggles in the past few years have been fought by a grassroots union organized along syndicalist lines without NLRB recognition, using creative secondary boycott tactics which would be completely illegal if they had submitted to the regulatory patronage of the Wagner-Taft-Hartley system. There is a lesson here–a lesson for workers, for organizers, for agitators, and anti-statists. One we’d do well to remember when confronted by any of the bosses–whether corporate bosses or political, the labor fakirs and the authoritarian thugs styling themselves the vanguard of the working class, the regulators and the deporters and the patronizing friends of labor all:

Dump the Bosses Off Your Back

Are you cold, forelorn, and hungry?
Are there lots of things you lack?
Is your life made up of misery?
Then dump the bosses off your back!

–John Brill (1916)

Happy May Day, y’all.

Elsewhere Today:

Further reading:

Professional courtesy

(Boing Boing 2008-04-07, via Roderick Long 2008-04-08.)

It’s 1:45 p.m. on a Wednesday in February and a Toyota Camry is driving west on the 91 Express Lanes, for free, for the 470th time.

The electronic transponder on the dashboard – used to bill tollway users – is inactive. The Camry’s owners, airport traffic officer Rudolph Duplessis and his wife, Loretta, have never had a toll road account, officials say.

They’ve never received a violation notice in the mail, either. Their car is registered as part of a state program which hides their home address on Department of Motor Vehicles records. The agency that operates the tollway does not have legal access to their address.

Their Toyota is one of 996,716 vehicles registered to motorists who are affiliated with 1,800 state and local agencies and who are allowed to shield their addresses under the Confidential Records Program.

An Orange County Register investigation has found that the program, designed 30 years ago to protect police from criminals, has been expanded to cover hundreds of thousands of public employees — from police dispatchers to museum guards — who face little threat from the public. Their spouses and children can get the plates, too.

This has happened despite warnings from state officials that the safeguard is no longer needed because updated laws have made all DMV information confidential to the public.

The Register found that the confidential plate program shields these motorists in ways most of us can only dream about:

  • Vehicles with protected license plates can run through dozens of intersections controlled by red light cameras and breeze along the 91 toll lanes with impunity.

  • Parking citations issued to vehicles with protected plates are often dismissed because the process necessary to pierce the shield is too cumbersome.

  • Some patrol officers let drivers with protected plates off with a warning because the plates signal that the drivers are one of their own or related to someone who is.

Exactly how many people are taking advantage of their protected plates is impossible to calculate. Like the Orange County Transportation Authority, which operates the tollway, many agencies have automated processes and have never focused on what happens to confidential plate holders. Sometimes police take note of the plate and don’t write a ticket at all.

I would highly doubt that anybody is registering their vehicles on a confidential basis to do anything but protect themselves, Garden Grove Police Capt. Mike Handfield said. I just don’t think people are thinking they’re getting away with anything.... Is the value of having a confidential plate and protecting the law enforcement community from people who might hurt them, is that worth that risk? I believe it is.

The Register asked the DMV for a list of the number of motorists participating in the program and the agencies they claim as an employer. But the DMV refused to provide those records unless The Register paid $8,442, which officials said was the cost of extracting the list from its database.

Some police officers confess that when they pull over someone with a confidential license plate they’re more likely to let them off with a warning. In most cases, one said, if an officer realizes a motorist has a confidential plate, the car won’t be pulled over at all.

It’s an unwritten rule that we would extend professional courtesy, said Ron Smith, a retired Los Angeles Police Department officer who worked patrol for 23 years. Nine out of 10 times I would.

California Highway Patrol officer Jennifer Hink put it a little differently. It’s officer discretion ... (But) just because you have confidential plates doesn’t mean you’re going to get out of a citation.

Many police departments that run red light camera programs systematically dismiss citations issued to confidential plates.

It’s a courtesy, law enforcement to law enforcement, San Francisco Police Sgt. Tom Lee said. We let it go.

— Jennifer Muir, Orange County Register (2008-04-04): Special license plates shield officials from traffic tickets

The term professional courtesy comes from the traditions of medicine: many doctors will not charge money when they treat another doctor’s immediate family. When doctors talk about professional courtesy they are talking about a very old system of mutual aid in which one doctor agrees to do a favor for another, at her own expense, for the sake of collegiality, out of concern for professional ethics (to offer doctors an alternative to having their own family as patients), and because she can count on getting similar services in return should she ever need them.

But when the Gangsters in Blue start talking about professional courtesy, they’re talking about something quite different: a favor done for a fellow gang member at no personal expense, with the bill sent to unwilling taxpayers who must pick up the tab for the roads and parking; and a favor done in order insulate the gangsters and their immediate family from any kind of ethical accountability to the unwilling victims that they sanctimoniously insist on serving and protecting. Professional courtesy in medicine means reciprocity in co-operative mutual aid in healing sick people; professional courtesy in government policing means reciprocity in a conspiracy to make sure that any cop can do just about anything she wants by way of free-riding, disruptive, dangerous or criminal treatment of innocent third parties, with complete impunity, and the rest of us will get the bill for it and a fuck you, civilian if we don’t like it.

To be sure, letting a traffic ticket slide is, in the grand scheme of things, a pretty small thing. But it’s a small thing that is intimately connected with bigger things–with a pervasive, institutionalized system with consequences that are as terrible as they are inevitable and predictable.

Death by Homeland Security (#2)

(Via La Chola 2008-03-17.)

Francisco Castaneda, a refugee from the civil war in El Salvador, died on February 16, 2008, from metastatic penile cancer.

He died because he went without getting a biopsy or receiving any medical treatment for about a year after obvious and excruciatingly painful symptoms began to show up. He went without the biopsy and the treatment because the United States government’s immigration Securitate had him locked in a cage at the time, and they repeatedly refused to let him get any treatment.

I came to the United States from El Salvador with my mother and siblings when I was ten years old to escape from the civil war. my family moved to Los Angeles where I went to school and began working at the age of 17. My mother died of cancer when I was pretty young, before she was able to get us all legal immigration status. After my mom died, I looked to my community for support, and found myself wrapped up in drugs instead, which, today, I deeply regret. I worked, doing construction, up until I went to prison on a drug charge, where I spent just four months before I was transferred into ICE detention.

When I entered ICE custody at the San Diego Correctional Facility in March 2006, I immediately told them I had a very painful lesion on my penis. After a day or two, Dr. Walker examined me and recognized that the lesion was a problem. He said he would request that I see a specialist right away.

But instead of sending me directly to a specialist, I was forced to wait, and wait, and wait, and wait. All the while, my pain got worse. It started to bleed even more and smell really bad. I also had discharge coming out of it. Aparrently the Division of Immigration Health Services was deciding whether to grant the request. Dr. Walker submitted the request more than once and, after more than a month, it was finally granted. When I saw an oncologist he told me it might be cancer and I needed a biopsy. He offered to admit me to a hospital immediately for the biopsy, but ICE refused to permit a biopsy and told the oncologist that they wanted to try a more cost-effective treatment.

I was then referred to a urologist, Dr. Masters, but I only got to see that urologist two-and-a-half months later, after I filed sick call requests and grievances with ICE. The urologist said I needed a circumcision to remove the lesion and sop the pain and bleeding, and also said I needed a biopsy to figure out if I had cancer. ICE and the Division of Immigration Health Services never did either of those things. They said that it was elective surgery.

My pain was getting worse by the day. When you are in detention, you can't help yourself. I knew I had a problem, but with everything you have to ask for help. I tried to get medical help everyday. Sometimes I would show the guards my underwear with blood in it to get them to take me to medical, but then they would say they couldn't do anything for me. All they gave me was Motrin and other pain pills. At one point, the doctor gave me special permission to have more clean underwear and bedsheets, because I was getting blood on everything. A guard from my unit once told me he would pray for me because he could see how much I was suffering.

Several more requests for a biopsy were denied. They told me in writing that I could get the surgery after I left the facility–when I was deported.

In late November 2006, I was transferred from San Diego to San Pedro Service Processing Center. When I got there I immediately filed sick call slips about my problem. after a few days I saw the doctors. I told them about my pain and showed them the blood in my boxer shorts and asked them to examine my penis. They didn't even look at it–one of them said I couldn't be helped because I needed elective surgery. They just gave me more pain pills.

In the middle of December, I noticed a lump in my groin. It hurt a lot and was a little bit smaller than a fist, so I filed a sick call slip about it. Another detainee told me it could be a hernia. I never got any treatment for it, and I later found out that was a tumor, because the cancer had already spread.

In the beginning of January, one of the guards told me I was going to Harbor-UCLA Medical Center. They put me in handcuffs and leg shackles and drove me in a van to the emergency room. When I got there the officer walked all around trying to find someone to see me, but he was told I would have to wait in line like everyone else. After about an hour of following him all chained up, he took me back to San Pedro and I didn't get to see anyone.

Back when I was in San Diego, another detainee gave me the phone number for the ACLU and said they might be able to help me. I called them, and spoke with Mr. Tom Jawetz, here, and told him my story about how much pain I was in. When I got to San Pedro he sent letters and called the people at the facility to try to help me get medical care. Finally, around the end of January, immigration agreed to let me get a biopsy. They made an appointment with the doctor, but just before the surgery they released me from custody. A doctor actually walked me out of San Pedro and told me I was released because of my serious medical condition and he encouraged me to get medical attention.

The first thing I did was call the doctor to see whether I could still get my biopsy. The secretary told me ICE had cancelled it. I then went back to the emergency room at Harbor-UCLA–the same place they had left me in the waiting room in shackles–and I waited to see a doctor and finally get my biopsy. A few days later, the doctor told me that I ahd cancer and would have to have surgery right away to remove my penis. He said if I didn't have the surgery I would be dead within one year. On February 14–Valentine's Day–nine days after ICE released me from custody, I had the surgery to remove my penis. Since then, I have been through five aggressive week-long rounds of chemotherapy. Doctors said my cancer spreads very fast–it had already spread to my lymph nodes and maybe my stomach.

I’m sure you can at least image some of how this feels. I am a 35-year-old man without a penis with my life on the line. I have a young daughter, Vanessa, who is only 14. She is here with me today because she wanted to support me–and because I wanted her to see her father do something for the greater good, so that she will have that memory of me. The thought that her pain–and mine–could have been avoided almost makes this too much to bear.

I had to be here today because I am not the only one who didn't get the medical care I needed. It was routine for detainees to have to wait weeks or months to get even basic care. Who knows how many tragic endings can be avoided if ICE will only remember that, regardless of why a person is in detention and regardless of where they will end up, they are still human and deserve basic, humane medical care.

In many ways, it's too late for me. Short of a miracle, the most I can hope for are some good days with Vanessa and justice. My doctors are working on the good days and, thankfully, my attorneys at Public Justice here in Washington, Mr. Conal Doyle in California, and the ACLU are working on the justice–not just for me, but for the many others who are suffering and will never get help unless ICE is forced to make major changes in the medical care provided to immigrant detainees.

I am here to ask each of you, members of Congress, to bring an end to the unnecessary suffering that I, and too many others, have been forced to endure in ICE detention.

— Francisco Castaneda (2007-10-04), testifying before the House Immigration Subcommittee Hearing on Detention and Removal: Immigration Detainee Medical Care

This man’s life could have been saved. He wanted to get medical treatment in March 2006. His doctor recommended a biopsy. If he were a free man, he could have gotten this treatment, but as a prisoner of the U.S. government’s Homeland Securitate, he was forced to stay where they wanted him to stay, go where they wanted him to go, and get what they wanted him to get. So he lived with excruciating pain for two years while the cancer grew, spread, and ate him away from the inside. It didn’t matter when he developed a painful lesion; it didn’t matter when he bled everywhere for months; it didn’t even matter when he developed a tumor the size of his fist. What matters to the ICE bordercrats, and their hired thugs, is that this man once possessed a stimulant that the U.S. government didn’t approve of him having, and, to their minds, that’s a good enough reason to grab him at gunpoint, lock him in a cage for months on end, and then exile him from the home he has lived in since he was 10 years old. Or, in this case, to just lock him in the cage and deliberately deny him medical treatment until the imprisonment turns into a slow-motion death sentence for a nonviolent petty drug charge. What, after all, is the life of Francisco Castaneda — who is, after all, only a man, a son, the father of a teenaged girl — compared with the duty to zealously protect the prohibitionist domestic policies of the U.S. federal government, the awful importance of rigorously preserving the sanctity of imaginary lines in the southwestern desert, and the honor of the politico-cultural system of international apartheid, which those lines are drawn to implement?

Federal judge Dean Pregerson just issued a ruling in which he denounced ICE’s actions, or inaction, as conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker cruel is inadequate. The primary practical effect of this ruling is that Francisco Casteneda’s family will be able to sue ICE in federal court for his death. They certainly deserve whatever compensation they can get for this horrible crime. But even if they succeed, it must be remembered that the sanctimonious, unaccountable thugs who effectively tortured a peaceful man to death — the immigration cops, the prison guards, and the comfortable bureaucrats, government lawyers, and politicians who direct them in their actions — will never pay a damned cent for what they did. What they will do, if a judgment is entered against them, is to help themselves to tax money in order to make the pay-out, sticking the rest of us–who never had anything to do with their asinine border laws, immigration prisons, or callous indifference to human life–with the bill. Then they will go on doing exactly the same vicious and inhuman things to peaceful people who never did anything to deserve such appalling treatment. And why wouldn’t they? As far as they can see, they have every reason to believe that none of them will ever be held personally accountable for their choices.

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