
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.
Steve Lathrop
“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.
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.
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.
Joni Albrecht
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 has 49 state senators in the Legislature. Click through to find your state senator and others.
Julie Slama
District 1: State Sen. Julie Slama
From: Peru
Party: Republican
Robert Clements
District 2: State Sen. Robert Clements
From: Elmwood
Party: Republican
Carol Blood
District 3: State Sen. Carol Blood
From: Bellevue
Party: Democratic
Robert Hilkemann
District 4: State Sen. Robert Hilkemann
From: Omaha
Party: Republican
Mike McDonnell
District 5: State Sen. Mike McDonnell
From: Omaha
Party: Democratic
Machaela Cavanaugh
District 6: State Sen. Machaela Cavanaugh
From: Omaha
Party: Democratic
Tony Vargas
District 7: State Sen. Tony Vargas
From: Omaha
Party: Democratic
Megan Hunt
District 8: State Sen. Megan Hunt
From: Omaha
Party: Democratic
Sara Howard
District 9: State Sen. Sara Howard
From: Omaha
Party: Democratic
Wendy DeBoer
District 10: State Sen. Wendy DeBoer
From: Bennington
Party: Democratic
Ernie Chambers
District 11: State Sen. Ernie Chambers
From: Omaha
Party: Independent
Steve Lathrop
District 12: State Sen. Steve Lathrop
From: Omaha
Party: Democratic
Justin Wayne
District 13: State Sen. Justin Wayne
From: Omaha
Party: Democratic
John Arch
District 14: State Sen. John Arch
From: La Vista
Party: Republican
Lynne Walz
District 15: State Sen. Lynne Walz
From: Fremont
Party: Democratic
Ben Hansen
District 16: State Sen. Ben Hansen
From: Blair
Party: Republican
Joni Albrecht
District 17: State Sen. Joni Albrecht
From: Thurston
Party: Republican
Brett Lindstrom
District 18: State Sen. Brett Lindstrom
From: Omaha
Party: Republican
Jim Scheer
District 19: State Sen. Jim Scheer
From: Norfolk
Party: Republican
John McCollister
District 20: State Sen. John McCollister
From: Omaha
Party: Republican
Mike Hilgers
District 21: State Sen. Mike Hilgers
From: Lincoln
Party: Republican
Mike Moser
District 22: State Sen. Mike Moser
From: Columbus
Party: Republican
Bruce Bostelman
District 23: State Sen. Bruce Bostelman
From: Brainard
Party: Republican
Mark Kolterman
District 24: State Sen. Mark Kolterman
From: Seward
Party: Republican
Suzanne Geist
District 25: State Sen. Suzanne Geist
From: Lincoln
Party: Republican
Matt Hansen
District 26: State Sen. Matt Hansen
From: Lincoln
Party: Democratic
Anna Wishart
District 27: State Sen. Anna Wishart
From: Lincoln
Party: Democratic
Patty Pansing Brooks
District 28: State Sen. Patty Pansing Brooks
From: Lincoln
Party: Democratic
Kate Bolz
District 29: State Sen. Kate Bolz
From: Lincoln
Party: Democratic
Myron Dorn
District 30: State Sen. Myron Dorn
From: Adams
Party: Republican
Rick Kolowski
District 31: State Sen. Rick Kolowski
From: Omaha
Party: Democratic
Tom Brandt
District 32: State Sen. Tom Brandt
From: Plymouth
Party: Republican
Steve Halloran
District 33: State Sen. Steve Halloran
From: Hastings
Party: Republican
Curt Friesen
District 34: State Sen. Curt Friesen
From: Henderson
Party: Republican
Dan Quick
District 35: State Sen. Dan Quick
From: Grand Island
Party: Democratic
Matt Williams
District 36: State Sen. Matt Williams
From: Gothenburg
Party: Republican
John Lowe
District 37: State Sen. John Lowe
From: Kearney
Party: Republican
Dave Murman
District 38: State Sen. Dave Murman
From: Glenvil
Party: Republican
Lou Ann Linehan
District 39: State Sen. Lou Ann Linehan
From: Elkhorn
Party: Republican
Tim Gragert
District 40: State Sen. Tim Gragert
From: Creighton
Party: Republican
Tom Briese
District 41: State Sen. Tom Briese
From: Albion
Party: Republican
Mike Groene
District 42: State Sen. Mike Groene
From: North Platte
Party: Republican
Tom Brewer
District 43: State Sen. Tom Brewer
From: Gordon
Party: Republican
Dan Hughes
District 44: State Sen. Dan Hughes
From: Venango
Party: Republican
Sue Crawford
District 45: State Sen. Sue Crawford
From: Bellevue
Party: Democratic
Adam Morfeld
District 46: State Sen. Adam Morfeld
From: Lincoln
Party: Democratic
Steve Erdman
District 47: State Sen. Steve Erdman
From: Bayard
Party: Republican
John Stinner
District 48: State Sen. John Stinner
From: Gering
Party: Republican
Andrew La Grone
District 49: State Sen. Andrew La Grone
From: Gretna
Party: Republican