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Nebraska lawmakers prioritize police training; decline to take up riot, police oversight bills

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After George Floyd and James Scurlock were killed, and protests turned into violence in parts of Omaha and Lincoln, dozens of Nebraskans lined up last year to pour out their personal frustrations with law enforcement.

A panel of state senators heard a minister describe how he’d been pulled over by police three times in recent weeks for what he called “driving Black” in Nebraska.

A Black man who grew up in southwest Nebraska related that, as a child, he had plenty of friends in his hometown, but when his baseball team ventured to another town, he was called the N-word.

Others questioned why 26% of Nebraska prison inmates are Black, yet only 5% of the state’s population is African American.

Now, a year later, the Nebraska Legislature has been credited for taking some action on issues of race and policing, while also being urged to do more.

One bill passed by the Legislature and signed into law Tuesday is designed to root out bad law enforcement officers, ban the use of chokeholds and set standards when an officer should intervene if they see excessive force being deployed by a fellow officer.

State Sen Steve Lathrop mug (copy)

Steve Lathrop

Handout

“We are going to professionalize the law enforcement officer and the agencies they work for,” said Sen. Steve Lathrop of Omaha, the prime sponsor of LB51. He called it a “consequential” and “thoughtful” start toward preventing incidents such as the police custody death of Floyd.

But a bill that would set up police oversight committees staffed by citizens didn’t make it to the starting line. Conversely, neither did a proposal to stiffen penalties and fines for participating in a riot, disrupting a meeting, defacing a police car or blocking a public roadway.

State Sen. Terrell McKinney mug (copy)

Terrell McKinney

Sen. Terrell McKinney, who is Black and represents North Omaha, said that while the new law is a good first step, more needs to be done to address decades of mistrust of law enforcement and “overpolicing” in his community.

“We’re a situation away from things going bad,” McKinney said. “I think people need to open their minds that there’s a need for more accountability and transparency, and that this is not an attack on police.

“Right now, the City of Omaha isn’t as committed as it should be. It’s let’s give more money to police, instead of addressing how to decrease the amount of violence, and how to decrease poverty and the lack of jobs.”

LB51 grew out of two “listening sessions” held by the Legislature’s Judiciary Committee in June. More than 180 people testified at the sessions in the wake of protests that at times devolved into violence and vandalism in both Omaha and Lincoln following the May 25, 2020, killing of Floyd by a Minneapolis police officer.

During one of the incidents, Scurlock, a 22-year-old Black man, was shot and killed during a struggle with a white bar owner, Jake Gardner, just outside Gardner’s establishment. The shooting was initially ruled self-defense, but later, a grand jury indicted Gardner on manslaughter charges.

Lathrop, who chairs the Judiciary Committee, said LB51 makes important changes without “defunding” the police, a phrase popularized during last summer’s protests that generally referred to diverting some funding away from law enforcement and into programs that address the roots of crime, such as poverty and mental health issues.

“That’s an unfortunate phrase,” Lathrop said of defunding the police. “We have to have law enforcement, people investigating crime, people solving crime.”

LB51, which passed on a 41-1 vote:

* Increases annual training requirements for Nebraska law enforcement officers from 20 hours to eventually 32 hours. It also specifies training in things such as implicit bias and recognizing signs of a mental breakdown.

* Requires first-time officers to submit to a psychological evaluation to ensure they’re mentally fit for the difficult job.

* Requires departments to adopt policies outlining an officer’s duty to intervene if they witness another officer using excessive force.

* Bans the use of chokeholds (blocking off the airway via pressure on the front of the throat) by police except when deadly force is authorized, and limits the use of carotid restraints (applying pressure to the side of the neck to render someone unconscious) except when an officer is trained in the technique and when necessary to prevent death or serious bodily injury.

* Establishes a public website listing officers who have lost or surrendered their law enforcement certification, engaged in serious misconduct as deemed by a state law enforcement council, or found guilty of a Class 1 misdemeanor or felony.

* Sets standards for internal investigations of complaints against an officer. 

* Requires certification of police agencies by the Nebraska Crime Commission, ensuring use of best practices.

* Establishes a grant program to help smaller departments afford the new, additional training.

Jim Maguire, an Omaha police officer and president of the Nebraska Fraternal Order of Police, said that while many of the larger law enforcement departments in the state already have policies on intervention and use of chokeholds, LB51 contains additional, and specific, continuing education that will help all officers stay up to speed on policing techniques and legal rulings.

“When you get pulled over by a law enforcement officer anywhere in Nebraska, you should expect the same level of professionalism, no matter where you are,” Maguire said.

He, as well as Lathrop, agreed that there needs to be additional mental health services to help police when they encounter someone in a mental health crisis, but that is expensive.

McKinney’s bill to establish police oversight boards in every city that employs full-time officers didn’t advance for debate by the full Legislature. LB515 would require independent investigations of reports of police misconduct, and the City of Omaha estimated it would cost $314,000 a year to pay for an investigator and staff.

McKinney said that such a board is needed in Omaha because the city’s current Citizen Complaint Review Board lacks teeth to investigate complaints and take action. 

Maguire and the FOP oppose such oversight boards, arguing that law enforcement officers already face extensive scrutiny.

“Discipline should be left to the chief of police or the sheriff. That’s why they get the big bucks,” he said.

State Sen, Justin Wayne mug (copy)

Justin Wayne

Sen. Justin Wayne, a defense attorney who represented the Scurlock family, said supporters of police oversight panels will continue working next year to advance a bill. Wayne said it isn’t right that subpoenas can be issued when investigating the misconduct of a teacher, but cannot be issued when probing misconduct of a police officer.

As for tougher penalties for participating in a riot, vandalizing a police car or building, or blocking a roadway, both Wayne and Lathrop said that there are already plenty of laws on the books to cover those offenses.

State Sen. Joni Albrecht mug (copy)

Joni Albrecht

Handout

Sen. Joni Albrecht of Thurston, who sponsored a bill patterned after anti-riot laws passed in Tennessee and Florida, disagreed.

Albrecht, whose LB111 remains stuck in committee, objected to the decision in Omaha to drop charges against about 250 people for minor offenses, like unlawful assembly and curfew violations, during unrest there a year ago.

“What tools do we have to prevent people from checking out of jail one night and going out the next night and doing the same thing?” she asked. LB111, Albrecht said, would make people “think twice” before blocking a roadway or spraying graffiti on a building. 

So expect more debate in 2022 by state legislators over issues of race and criminal justice. Meanwhile, Maguire, of the police union, said that he’s just glad that the anti-police fervor of a year ago has declined, if only slightly.

“We just want things to go back to normal, so we can be there to help people when they call 911,” he said. “Believe me, the last thing I want to do is use deadly force. I’m just out there to help people out.”

Meet the Nebraska state senators

Nebraska’s state senators

Nebraska's state senators

Nebraska has 49 state senators in the Legislature. Click through to find your state senator and others.

Julie Slama

Julie Slama

District 1: State Sen. Julie Slama

From: Peru

Party: Republican

Robert Clements

Robert Clements

District 2: State Sen. Robert Clements

From: Elmwood

Party: Republican

Carol Blood

Carol Blood

District 3: State Sen. Carol Blood

From: Bellevue

Party: Democratic

Robert Hilkemann

Robert Hilkemann

District 4: State Sen. Robert Hilkemann

From: Omaha

Party: Republican

Mike McDonnell

Mike McDonnell

District 5: State Sen. Mike McDonnell

From: Omaha

Party: Democratic

Machaela Cavanaugh

Machaela Cavanaugh

District 6: State Sen. Machaela Cavanaugh

From: Omaha

Party: Democratic

Tony Vargas

Tony Vargas

District 7: State Sen. Tony Vargas

From: Omaha

Party: Democratic

Megan Hunt

Megan Hunt

District 8: State Sen. Megan Hunt

From: Omaha

Party: Democratic

Sara Howard

Sara Howard

District 9: State Sen. Sara Howard

From: Omaha

Party: Democratic

Wendy DeBoer

Wendy DeBoer

District 10: State Sen. Wendy DeBoer

From: Bennington

Party: Democratic

Ernie Chambers

Ernie Chambers

District 11: State Sen. Ernie Chambers

From: Omaha

Party: Independent

Steve Lathrop

Steve Lathrop

District 12: State Sen. Steve Lathrop

From: Omaha

Party: Democratic

Justin Wayne

Justin Wayne

District 13: State Sen. Justin Wayne

From: Omaha

Party: Democratic

John Arch

John Arch

District 14: State Sen. John Arch

From: La Vista

Party: Republican

Lynne Walz

Lynne Walz

District 15: State Sen. Lynne Walz

From: Fremont

Party: Democratic

Ben Hansen

Ben Hansen

District 16: State Sen. Ben Hansen

From: Blair

Party: Republican

Joni Albrecht

Joni Albrecht

District 17: State Sen. Joni Albrecht

From: Thurston

Party: Republican

Brett Lindstrom

Brett Lindstrom

District 18: State Sen. Brett Lindstrom

From: Omaha

Party: Republican

Jim Scheer

Jim Scheer

District 19: State Sen. Jim Scheer

From: Norfolk

Party: Republican

John McCollister

John McCollister

District 20: State Sen. John McCollister

From: Omaha

Party: Republican

Mike Hilgers

Mike Hilgers

District 21: State Sen. Mike Hilgers

From: Lincoln

Party: Republican

Mike Moser

Mike Moser

District 22: State Sen. Mike Moser

From: Columbus

Party: Republican

Bruce Bostelman

Bruce Bostelman

District 23: State Sen. Bruce Bostelman

From: Brainard

Party: Republican

Mark Kolterman

Mark Kolterman

District 24: State Sen. Mark Kolterman

From: Seward

Party: Republican

Suzanne Geist

Suzanne Geist

District 25: State Sen. Suzanne Geist

From: Lincoln

Party: Republican

Matt Hansen

Matt Hansen

District 26: State Sen. Matt Hansen

From: Lincoln

Party: Democratic

Anna Wishart

Anna Wishart

District 27: State Sen. Anna Wishart

From: Lincoln

Party: Democratic

Patty Pansing Brooks

Patty Pansing Brooks

District 28: State Sen. Patty Pansing Brooks

From: Lincoln

Party: Democratic

Kate Bolz

Kate Bolz

District 29: State Sen. Kate Bolz

From: Lincoln

Party: Democratic

Myron Dorn

Myron Dorn

District 30: State Sen. Myron Dorn

From: Adams

Party: Republican

Rick Kolowski

Rick Kolowski

District 31: State Sen. Rick Kolowski

From: Omaha

Party: Democratic

Tom Brandt

Tom Brandt

District 32: State Sen. Tom Brandt

From: Plymouth

Party: Republican

Steve Halloran

Steve Halloran

District 33: State Sen. Steve Halloran

From: Hastings

Party: Republican

Curt Friesen

Curt Friesen

District 34: State Sen. Curt Friesen

From: Henderson

Party: Republican

Dan Quick

Dan Quick

District 35: State Sen. Dan Quick

From: Grand Island

Party: Democratic

Matt Williams

Matt Williams

District 36: State Sen. Matt Williams

From: Gothenburg

Party: Republican

John Lowe

John Lowe

District 37: State Sen. John Lowe

From: Kearney

Party: Republican

Dave Murman

Dave Murman

District 38: State Sen. Dave Murman

From: Glenvil

Party: Republican

Lou Ann Linehan

Lou Ann Linehan

District 39: State Sen. Lou Ann Linehan

From: Elkhorn

Party: Republican

Tim Gragert

Tim Gragert

District 40: State Sen. Tim Gragert

From: Creighton

Party: Republican

Tom Briese

Tom Briese

District 41: State Sen. Tom Briese

From: Albion

Party: Republican

Mike Groene

Mike Groene

District 42: State Sen. Mike Groene

From: North Platte

Party: Republican

Tom Brewer

Tom Brewer

District 43: State Sen. Tom Brewer

From: Gordon

Party: Republican

Dan Hughes

Dan Hughes

District 44: State Sen. Dan Hughes

From: Venango

Party: Republican

Sue Crawford

Sue Crawford

District 45: State Sen. Sue Crawford

From: Bellevue

Party: Democratic

Adam Morfeld

Adam Morfeld

District 46: State Sen. Adam Morfeld

From: Lincoln

Party: Democratic

Steve Erdman

Steve Erdman

District 47: State Sen. Steve Erdman

From: Bayard

Party: Republican

John Stinner

John Stinner

District 48: State Sen. John Stinner

From: Gering

Party: Republican

Andrew La Grone

Andrew La Grone

District 49: State Sen. Andrew La Grone

From: Gretna

Party: Republican

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