Sunday Read: The Importance of Police Whistleblowers

On Jan. 27, 2023, footage of the fatal beating of Tyre Nichols was released. The video depicts an instance of egregious police misconduct–highlighting the need for effective police oversight. Mr. Nichols was a 29-year-old motorist who was pulled over and fatally beaten by five Memphis, Tennessee police. Mr. Nichols’ rights were violated and the resulting in injuries caused his death on Jan. 7, 2023.?

At a news conference held just prior to the video release, Shelby County District Attorney Steve Mulroy acknowledged the gross miscarriage of policing and the injustice of Mr. Nichols’ death.?

“Let me be clear: What happened here does not at all reflect proper policing. This was wrong. This was criminal,”?David Rausch, Director of the Tennessee Bureau of Investigation said in January, the Associated Press report. “One of the officers,?[Demetrius] Haley was accused previously of using excessive force. He was named as a defendant in a 2016 federal civil rights lawsuit while employed by the Shelby County Division of Corrections.”

The five officers of the now-disbanded Scorpion Unit, who were implicated in Nichols’ death, have been fired and two more Memphis officers have been relieved of duty. The incident has renewed the public’s demand for police reform in the United States and stronger federal legislation. The magnitude of this preventable tragedy has been noted by lawmakers, with Nichols’ parents set to attend President Joe Biden’s State of the Union address on February 7 at the U.S. Capitol.

Progress in police procedure in the U.S. has been aided by the actions of whistleblowers, who have exposed corruption and abuse of power at all levels. ? National Whistleblower Center has reported on these courageous police whistleblowers and in this?Sunday Read, we reflect on those who blew the whistle on abuses of power and discrimination?in the hopes it can encourage more to come forward and inspire meaningful change.?

Why Police Whistleblowers Should Be Honored

On Oct. 28, 2022,?NWC hosted its inaugural Police Whistleblower Panel in observance of?National?First Responder?Day.?

Maureen Q. McGough McGough, Chief of Strategic Initiatives for the Policing Project at NYU Law served as the moderator and explained certain truths about “breaking the thin blue line.”?

“These lamplighters are police officers who possess the kind of moral courage that we hope our officers would possess,” McGough noted. “It takes more than just dedication and commitment–it requires standing up to colleagues who in many cases have become like family over the years; it takes standing up to power and to the forces of greed and corruption that drive the status quo. They don't just sort of run into the line of danger–they [blow the whistle] at the risk of their own career and sometimes the sort of sanity of their own lives.”

The panel?included?police whistleblower and former Chicago Police Officer Shannon Spalding, former Chief of Police in Austin and Houston, TX and Miami, FL, Art Acevedo , and whistleblower and founder and president of Whistleblowers of America , Jackie Garrick .

Each panelist shared their harrowing stories, but also revealed how – through their persistence and dedication to truth–they felt the experience was ultimately gratifying and served the greater good.

For example, Ms. Garrick blew the whistle on fraud, waste, and abuse while working for the United States Department of Defense . Despite the retaliation Garrick suffered and endured, she emerged stronger. Garrick has several prestigious awards, including the Lincoln Award and a Secretary of Defense Medal for Exceptional Public Service.??

The mission of Garrick’s work at Whistleblowers of America is to assist those who have suffered retaliation after having identified harm to individuals or the public, particularly those suffering from post-traumatic stress disorder and suicidal tendencies.

“I’ve been looking at ways to help people recover,” Garrick said during the panel in 2022. “Speaking truth to power gives us a lot of strength to overcome some of the retaliation. I call it ‘restorative justice’ for the victims – the whistleblowers – who need to be heard and bring their stories to the light of day and so that we can have an honest examination of what these problems are. Because until we do that, there is no accountability. There is no ability for compensatory damages when we don't understand the impacts of retaliation and the harm it causes. And then there is no transparency."

Idaho State Police Whistleblower Wins Retaliation Case, Receives Monetary Award

In 2019, NWC reported on?Det. Eller v. Idaho State Police.?In that case Detective Brandon Eller of the Idaho State Police (ISP) Department resolved his whistleblower case, a four-year suit against his employer upon receiving a commitment from the ISP to compensate him for the emotional distress he suffered from its unfair retaliatory actions.?

Det. Eller, a crash investigator, filed his lawsuit in 2015 after ISP retaliated against him following his testimony against a fellow officer who faced a vehicular manslaughter charge after a fatal crash in 2011. ISP retaliated further after Det. Eller objected to ISP policy requiring crash investigators to destroy initial drafts of their investigative reports. Retaliatory actions at the hands of the ISP led Det. Eller to suffer emotionally and physically, according to his and his family’s testimony in case proceedings.

The department retaliated against Det. Eller after he testified against another officer. With the assistance of University of Idaho College of Law professor of law, Rumel John , NWC contributed to this victory by submitting an?amicus curiae?brief to the Idaho Supreme Court on the critical issue of compensation for emotional distress. Ultimately, Det. Eller and ISP settled on a $1.29 million award for lost wages, damages and legal fees.

“Although this has been an extremely stressful undertaking, I close this chapter knowing that the jury’s verdict vindicated not just my rights, but the rights of every government employee in Idaho,” Det. Eller said after the resolution. “Government employees should be able to stand up against misconduct and corruption within their agencies.”

Exposing Defective Vests and Body Armor

Corruption can also permeate the supply chain of policing, putting all officers at risk. Whistleblowing has proven an effective tool to prevent substandard equipment from being issued to officers and possibly save lives.?

Dr. Aaron Westrick, a former research director for America’s largest body armor company, Second Chance Body Armor, blew the whistle on the production and sale of defective vests that were sold to police officers.?

Filed in 2004 and joined by the U.S. Department of Justice , the suit alleged that Second Chance and the Toyobo Company knowingly sold defective bullet-proof vests to police officers throughout the U.S. Whistleblower attorneys supported by NWC represented Dr. Aaron J. Westrick, Ph.D. in a False Claims Act?(FCA)?qui tam?complaint filed against the manufacturers of the vests and the manufacturers of the Zylon fiber within the vests.

NWC lauded the support of the Fraternal Order of Police, the world’s largest organization of sworn law enforcement officers, which in 2005 publicly endorsed Dr. Westrick’s lawsuit.?

After a 14-year legal battle, a conclusion was reached with all defendants eventually paying to settle allegations of an FCA violation. Dr. Westrick was?a?featured speaker?at NWC’s 2018 National Whistleblower Appreciation Day Celebration on Capitol Hill,?which can be viewed on NWC’s YouTube channel.?

Support for Police and other Law Enforcement Whistleblowers Continues to be Necessary?

National Whistleblower Center plans to continue supporting police and law enforcement whistleblowers. We are developing resources for these brave individuals who face both the physical and psychological challenges of being in law enforcement and the extreme fear that many face when they decide to speak up about misconduct. Law Enforcement whistleblowers protect the public from police misconduct and keep both police officers and the public safe from violent abuses of power. Support for these brave individuals is needed to change the culture of silence in police departments nationwide.

Sign-up to?receive updates?about Police Whistleblowers and sign the?Police Whistleblower Pledge?to express your support for these brave whistleblowers and stay updated about NWC programs dedicated to supporting these courageous individuals.?

And, if you are a police whistleblower, please?complete this form?so you can be recognized.

Support NWC

NWC?fights to bolster whistleblower programs and raise awareness about the value of anti-discrimination whistleblowers.?As a 501(c)(3) non-profit our work is made possible with the support of our generous donors. Please consider?donating $50?today to help us continue this important work.?

This article was sent as part of NWC’s “Sunday Read” series that aims to educate supporters about whistleblower stories and whistleblower legislative or policy initiatives and current events. For more information like this, please join our?mailing list.

This story was written by? Justin Smulison a professional writer, podcaster and event host based in New York.