NOTES

INTRODUCTION

1. All of these cases are described in Kimberlé Williams Crenshaw and Andrea J. Ritchie, Say Her Name: Resisting Police Brutality Against Black Women (New York: African American Policy Forum, July 2015). “Transgender,” or “trans,” refers to people whose gender identity or gender expression is different from the one typically associated with the sex assigned at birth. “Cisgender,” or “cis,” is used to describe people whose gender identity is consistent with that typically associated with the sex they were identified with at birth. “Gender nonconforming” is an umbrella term used to describe people who may not identify as transgender, or with any gender whatsoever, but whose appearance or gender expression is read as inconsistent with the gender they were assigned at birth or with normative understandings of gender. “Fem(me)” is a term used by people who manifest or identify with appearance, characteristics, or behavior generally understood to be feminine, and who experience gender-based violence because of it. Because gender-nonconforming people may not identify as women, the term “women and gender-nonconforming people” is sometimes used to honor gender self-determination of individuals who may not identify as women but are policed as such.

2. Alicia Garza, “A Herstory of the Black Lives Matter Movement,” Feminist Wire, October 7, 2014, http://www.thefeministwire.com/2014/10/blacklivesmatter-2.

3. See Sylvia Rivera Law Project, It’s War in Here: A Report on the Treatment of Transgender and Intersex People in New York State Men’s Prisons (New York, 2007), 23, http://srlp.org/resources/pubs/warinhere.

4. The concept of controlling narratives has been elaborated by Black feminists to describe the powerful and enduring stories and images about Black women and women of color proliferated to establish and maintain structures of anti-Blackness, colonialism, and white supremacy. See Patricia Hill Collins, Black Feminist Thought: Knowledge, Consciousness, and the Politics of Empowerment, 2nd ed. (New York: Routledge, 2000).

5. The terms “Global North” and “Global South” have been used to describe countries in terms of industrial development, wealth, and standard of living, with countries of the Global North enjoying privileges at the expense of those of the Global South.

6. Andrea Smith, Conquest: Sexual Violence and American Indian Genocide (Cambridge, MA: South End Press, 2005), 28.

7. See Jihan Hafiz, “Video: Police Viciously Attacked Peaceful Protestors at the Dakota Access Pipeline,” The Intercept, October 25, 2016, https://theintercept.com/2016/10/25/video-police-viciously-attacked-peaceful-protestors-at-the-dakota-access-pipeline/; Sam Levin, Nicky Woolf, and Damian Carrington, “North Dakota Pipeline: 141 Arrests as Protestors Pushed Back from Site,” Guardian, October 28, 2016, https://www.theguardian.com/us-news/2016/oct/27/north-dakota-access-pipeline-protest-arrests-pepper-spray; Justin Worland, “What to Know About the Dakota Access Pipeline Protests,” Time, October 28, 2016, http://time.com/4548566/dakota-access-pipeline-standing-rock-sioux/; Amy Goodman, “Full Exclusive Report: Dakota Access Pipeline Co. Attacks Native Americans with Dogs & Pepper Spray,” Democracy Now, September 6, 2016, http://www.democracynow.org/2016/9/6/full_exclusive_report_dakota_access_pipeline.

8. Clare Bernish, “Water Protector’s Retina Severed After Cops Fire Tear Gas Canister Into Her Face,” TheFreeThoughtProject.com, November 26, 2016, http://thefreethoughtproject.com/water-protector-severed-retina-eye/#YAVPBQ3UUGoe3gcr.99.

9. Jane Doe, The Story of Jane Doe: A Book About Rape (Toronto: Random House Canada, 2003).

10. R. Lundman and R. Kaufman, “Driving While Black: Effects of Race, Ethnicity and Gender on Citizen Reports of Traffic Stops and Police Action,” Criminology 41, no. 1 (2003): 215.

11. Crenshaw and Ritchie, Say Her Name; New York Civil Liberties Union, “Women Demand End to Discriminatory NYPD Stop-and-Frisk,” press release, April 3, 2013; Women of Color Policy Network, Women of Color: Two-Thirds of All Women in New York City Still Invisible in Policy—The 2nd Annual Report on The Status of Women of Color in NYC (New York: New York University, Wagner Institute for Public Policy, 2003).

12. State of Missouri, Racial Profiling Data/2013, http://ago.mo.gov/docs/default-source/public-safety/2013agencyreports.pdf?sfvrsn=2, see “Agency: Ferguson Police Department.”

13. US Department of Justice Civil Rights Division, Investigation of the Ferguson Police Department (Washington, DC: March 4, 2015).

14. Jessica McBride, “Breaion King: 5 Fast Facts You Need to Know,” heavy.com, July 24, 2016; Phil Helsel, “Austin Police Chief ‘Sickened, Saddened’ by Violent Arrest,” NBC News, July 22, 2016.

15. General Accounting Office, Better Targeting of Passengers for Personal Searches Could Produce Better Results, GAO/GGD 00-38 (Washington, DC: US General Accounting Office, 2000).

16. American Civil Liberties Union, Break the Chains, and the Brennan Center at New York University, Caught in the Net: The Impact of Drug Policies on Women and Families (New York, 2005), https://www.aclu.org/files/images/asset_upload_file431_23513.pdf.

17. Women’s Prison Association, “Quick Facts: Women and Criminal Justice 2009,” http://www.wpaonline.org/wpaassets/Quick_Facts_Women_and_CJ_Sept09.pdf.

18. The Two-Spirit Society of Denver states: “The term Two-Spirit refers to another gender role believed to be common among most, if not all, first peoples of Turtle Island (North America), one that had a proper and accepted place within indigenous societies. This acceptance was rooted in the spiritual teachings that say all life is sacred and that the Creator must have a reason for making someone different. This gender role was not based in sexual activities or practices, but rather the sacredness that comes from being different.” The Native Youth Sexual Health Network adds, “There are many definitions and understandings that are nation-specific (Ex. Navajo, Cree, Diné, Anishinabe) and each individual person will have their own way of expressing their Two-Spirit-ness. Also, not all Indigenous people identify as Two-Spirit and have other ways and words to express their gender and sexual identity.” For more information, visit www.nativeyouthsexualhealth.com/supportcircle.html.

19. I am mindful of critiques of the term “women of color” on the grounds that it “often supports racial hierarchies and doesn’t fully allow for Black women to deal with the ever-present history and legacy of slavery, sexual and reproductive exploitation, and subsequent periods of holocaust.” See Black Women’s Blueprint, “Who We Are; Our Mission and History,” www.blackwomensblueprint.org/mission.html. I also deeply appreciate Roxanne Dunbar-Ortiz’s cautions about using the term “Native” or “Indigenous women”: “Native peoples were colonized and deposed of their territories as distinct peoples—hundreds of nations—not as a racial or ethnic group” (An Indigenous Peoples’ History of the United States [Boston: Beacon Press, 2015], xiii). As a result, “There is no such thing as a collective Indigenous peoples’ perspective” (xiii, 13). Yet, Indigenous people were racialized “as targets of individual racial discrimination between the end of the Reconstruction in the South in the 1880s to the mid-twentieth century” (170).

20. Of course, this is not to say that men of color don’t experience sexual harassment and assault by police officers and child-welfare enforcement agencies, as well as punishment for failure to comply with gender norms. It is simply to say that these types of experiences are both uniquely gendered and have disproportionate impacts on women of color.

CHAPTER 1: Enduring Legacies

1. Rebecca L. Robbins, “Self-Determination and Subordination: The Past, Present, and Future of American Indian Governance,” in The State of Native America: Genocide, Colonization and Resistance, ed. M. Annette Jaimes (Boston: South End Press, 1992), 91; Luana Ross, Inventing the Savage: The Social Construction of Native American Criminality (Austin: University of Texas Press, 1998), 11.

2. See M. Annette Jaimes with Theresa Halsey, “American Indian Women: At the Center of Indigenous Resistance in Contemporary North America,” in Jaimes, The State of Native America, 322, 311, 316; Andrea Smith and Luanna Ross, “Native Women and State Violence,” Social Justice 31, no. 4 (2004): 1; Smith, Conquest, 3.

3. Dunbar-Ortiz, An Indigenous Peoples’ History of the United States, quotes here and below from 10, 145, 60, 81–82, 83, 99, 58, 62, 68, 72, and 74–75.

4. Ibid., 137; Smith, Conquest, 15.

5. Smith and Ross, “Native Women and State Violence,” 1.

6. Ross, Inventing the Savage, 15; Ortiz, An Indigenous Peoples’ History of the United States, 80. See also Kristian Williams, Our Enemies in Blue: Police and Power in America (New York: Soft Skull Press, 2004), 40.

7. Dunbar-Ortiz, An Indigenous Peoples’ History of the United States, 145–46.

8. Ibid., 154–55.

9. Joey Mogul, Andrea Ritchie, and Kay Whitlock, Queer (In)Justice: The Criminalization of LGBT People in the United States (Boston: Beacon Press, 2011), 4.

10. Mescalero Apache Tribe website, “Our Culture,” http://mescaleroapachetribe.com/our-culture/; Barbara Tedlock, Woman in the Shaman’s Body: Reclaiming the Feminine in Religion and Medicine (New York: Random House, 2009), 264.

11. Smith, Conquest, 8, 15–16.

12. Smith and Ross, “Native Women and State Violence,” 2.

13. Albert L. Hurtado, Indian Survival on the California Frontier (New Haven, CT: Yale University Press, 1988), 170, 181.

14. Smith, Conquest, 25.

15. Hurtado, Indian Survival, 170, 181.

16. Cyndi Banks, “Ordering the Other: Reading Alaskan Native Culture Past and Present,” in Race, Gender, and Punishment: From Colonialism to the War on Terror, ed. Mary Bosworth and Jeanne Flavin (New Brunswick, NJ: Rutgers University Press, 2007), 32–48, 42, 43.

17. Smith, Conquest, 1.

18. Ibid., 1, 8, 23; see also Jaimes, State of Native America, 318, 316; Scott Lauria Morgenson, The Space Between Us: Queer Settler Colonialism and Indigenous Colonization (Minneapolis: University of Minnesota Press, 2011).

19. Maria Lugones, “Heterosexualism and the Colonial/Modern Gender System,” Hypatia 22, no. 1 (2007): 193, 197, 202.

20. Smith, Conquest, 23; see also Jaimes, State of Native America, 318, 316.

21. Vernetta D. Young and Zoe Spencer, “Multiple Jeopardy: The Impact of Race, Gender, and Slavery on the Punishment of Women in Antebellum America,” in Bosworth and Flavin, Race, Gender, and Punishment, 65–77.

22. Smith, Conquest, 23; see also Jaimes, State of Native America, 318, 316.

23. Smith, Conquest, 178.

24. Deborah A. Miranda, “Extermination of the Joyas: Gendercide in Spanish California,” Gay and Lesbian Quarterly 16, no. 1–2 (2010): 257–58.

25. Ibid., 264–66.

26. Smith, Conquest, 35–54; Ross, Inventing the Savage, 40, describing significant number of arrests of Indigenous people on the Flathead Reservation in Montana in 1927 “for resisting an officer, failure to attend school, failure to send children to school, and desertion from a nonreservation school.”

27. Ross, Inventing the Savage, 15 (citing the 1850 California Act for the Government and Protection of Indians, which allowed whites to take Native children into indentured servitude when allegedly orphaned or with purported parental consent).

28. W. G. Bailey, ed., The Encyclopedia of Police Science, 2nd ed. (New York: Garland Press, 1995), s.v. National Constables Association, 114.

29. Ross, Inventing the Savage, 4, 6, 37–38. Kristian Williams suggests that Native people were required to carry passes much earlier, beginning in the seventeenth century (Our Enemies in Blue, 43).

30. Ross, Inventing the Savage, 16 (citing 1850 California Act for the Government and Protection of Indians).

31. Dunbar-Ortiz, An Indigenous Peoples’ History of the United States, 170.

32. Ross, Inventing the Savage, 3.

33. See Smith, Conquest, 9; Dunbar-Ortiz, An Indigenous Peoples’ History of the United States, 104.

34. Ross, Inventing the Savage, 168.

35. Ibid., 16, 25.

36. Dunbar-Ortiz, An Indigenous Peoples’ History of the United States, 154.

37. See Smith, Conquest, 9–12, 20–21; Ross, Inventing the Savage, 55.

38. Ross, Inventing the Savage, 52.

39. bell hooks, Ain’t I a Woman: Black Women and Feminism (Boston: South End Press, 1981).

40. David Baker, “Systemic White Racism and the Brutalization of Executed Black Women in the United States,” in It’s a Crime: Women and Justice, 4th ed., ed. Roslyn Muraskin (Upper Saddle River, NJ: Pearson, 2007), 398.

41. Ibid., 406.

42. Lawrence M. Friedman, Crime and Punishment in American History (New York: Basic Books, 1993), 86; Baker, “Systemic White Racism,” 406.

43. William Craft, “Running a Thousand Miles for Freedom; or, the Escape of William and Ellen Craft from Slavery,” in The Long Walk to Freedom: Runaway Slave Narratives, ed. Devon W. Carbado and Donald Weise (Boston: Beacon Press, 2012), 210; see also Coramae Richey Mann, Unequal Justice: A Question of Color (Blacks in the Diaspora) (Bloomington: Indiana University Press, 1993), 119.

44. Carbado and Weise, Long Walk to Freedom, 240.

45. Marcia Williams, ed., Soul Survivors: The Definitive Anthology of Female Slave Narratives (London: X Press, 1999), 141 (Linda Brent, “Incidents in the Life of a Slave Girl”).

46. Williams, Soul Survivors, 52 (Elizabeth Keckley, “Behind the Scenes”).

47. See, for example, Williams, Soul Survivors, 6 (“The Story of Mattie J. Jackson”).

48. Work Projects Administration, Born in Slavery, Oklahoma Narratives, vol. 13, “Annie Hawkins, Age 90, Colbert, Okla.,” image 131.

49. Williams, Soul Survivors, 54–56.

50. Ibid., 25 (Sylvia DuBois, “The Slave Who Whipped Her Mistress”).

51. Ibid., 25, 35.

52. Williams, Soul Survivors, 70–71 (“History of Mary Prince, A West Indian Slave”).

53. Gerda Lerner, ed., Black Women in White America: A Documentary History (New York: Vintage Books, 1992), 15.

54. Davis, Women, Race & Class (New York: Random House, 1981), 9 (citing Moses Grandy, Narrative of the Life of Moses Grandy: Late a Slave in the United States of America [Boston, 1844], 18).

55. Ibid. See also Williams, Soul Survivors, 25.

56. Williams, Soul Survivors, 141.

57. Ibid., 214.

58. Davis, Women, Race & Class, 175; see also Angela Y. Davis, “Reflections on the Black Woman’s Role in the Community of Slaves,” Black Scholar 12, no. 6 (November–December 1981): 2–15 (“In order to function as a slave, a black woman had to be annulled as a woman.”).

59. Kathryn K. Russell, The Color of Crime—Racial Hoaxes, White Fear, Black Protectionism, Police Harassment and Other Macroaggressions (New York: New York University Press, 1999), 17.

60. Law professor Angela P. Harris, in “Race and Essentialism in Feminist Legal Theory,” Stanford Law Review 42, no. 581 (1990), states, “As a legal matter, the experience of rape did not even exist for black women. During slavery, the rape of a black woman by any man, white or black, was simply not a crime” (15).

61. Williams, Soul Survivors, 162, 163.

62. Ibid., 82, 174.

63. Mann, Unequal Justice, 165; see also Williams, Soul Survivors, 38–39, 42. According to Williams, in Mississippi, the first slave patrols were federal troops (43). Sheriffs, constables, and night watches accompanied the arrival of colonists and performed policing duties including “keeping order,” detaining “suspicious persons,” making arrests, guarding prisoners, and serving warrants (38–39). Ultimately, according to Williams, “urban patrols, then, did not evolve from the watch system; rather adapted from the rural slave patrols, they came to supplant the watchmen” (45). See also H. M. Henry, The Police Control of the Slave in South Carolina (Emory, VA: Emory and Henry College, 1914), 28–50.

64. Mann, Unequal Justice, 165. See also Work Projects Administration, Born in Slavery, Georgia Narratives, vol. 4, part 4, “Slavery,” 321–29.

65. Work Projects Administration, Born in Slavery, Arkansas Narratives, vol. 2, part 3, 375. Members of slave patrols were often referred to by enslaved persons as “patterollers” or “paddyrollers.”

66. Work Projects Administration, Born in Slavery, North Carolina Narratives, vol. 11, part 2, “Interview with Lizzie Williams, Ex-Slave,” 395.

67. Sally E. Hadden, Slave Patrols: Law and Violence in Virginia and the Carolinas (Cambridge, MA: Harvard University Press, 2001), 117.

68. Philip L. Reichel, “Southern Slave Patrols as a Transitional Police Type,” in Policing Perspectives: An Anthology, ed. Larry K. Gaines and Gary W. Cordner (Los Angeles: Roxbury, 1999), 86.

69. See Stephanie Camp, Closer to Freedom: Enslaved Women and Everyday Resistance in the Plantation South (Durham: University of North Carolina Press, 2004); Deborah Gray White, Ar’n’t I a Woman? Female Slaves in the Plantation South (New York: W. W. Norton, 1999); Davis, Women, Race & Class, 3, 21–22; Davis, “Reflections on the Black Woman’s Role in the Community of Slaves.”

70. Elsa Barkley Brown, “Negotiating and Transforming the Public Sphere,” in Women Transforming Politics: An Alternative Reader, ed. Cathy Cohen (New York: New York University Press, 1997), 345–46.

71. Friedman, Crime and Punishment in American History, 94.

72. Talitha L. LeFlouria, Chained in Silence: Black Women and Convict Labor in the New South (Chapel Hill: University of North Carolina Press, 2015), 25.

73. Ibid., 24.

74. For quotes here and below, Sarah Haley, No Mercy Here: Gender, Punishment, and the Making of Jim Crow Modernity (Chapel Hill: University of North Carolina Press, 2016), 29, 34, 35, 30, 31; see also Jen Manion, Liberty’s Prisoners: Carceral Culture in Early America (Philadelphia: University of Pennsylvania Press, 2015), 85–119.

75. See Manion, Liberty’s Prisoners, 30–32; Ramona Brockett, “Conceptual Incarceration: A Thirteenth-Amendment Look at African Americans and Policing,” in The System in Black and White, ed. Michael W. Markowitz and Delores D. Jones-Brown (Westport, CT: Praeger, 2000), 111.

76. LeFlouria, Chained in Silence, 15, 33, 34; see also Haley, No Mercy Here, 44.

77. LeFlouria, Chained in Silence, 14.

78. Ibid., 12–13.

79. Ibid., 32.

80. Ibid., 22, 46–48.

81. Ibid., 45.

82. Haley, No Mercy Here, 36, 51; see also Patricia Hill Collins, Fighting Words: Black Women and the Search for Justice (Minneapolis: University of Minnesota Press, 1998), 98–101.

83. Ibid., 2–3.

84. Ibid., 37–38.

85. Ibid., 38.

86. Jim Crow laws represented the embodiment of the doctrine of “separate but equal,” which held that segregation did not violate the equal protection of laws required by the Fourteenth Amendment. In the words of Coramae Richey Mann, “Jim Crow laws regulated every dimension of social contact between blacks and whites. Separate building entrances and exits, seating arrangements in theatres (or separate theatres), public transportation, waiting rooms in railroad stations (and later, separate bus stations and airports), toilets, drinking fountains, hotels, restaurants and other accommodations were required for blacks” (Unequal Justice, 124).

87. See Russell, Color of Crime, 21, 23; Derrick Bell, Race, Racism, and American Law, 3rd ed. (Boston: Little, Brown, 1992), 38–89. See also Lerone Bennett, Before the Mayflower: A History of Black America (New York: Penguin, 1993), 255–96.

88. “We Charge Genocide: The Historic Petition to the United Nations for Relief from a Crime of the United States Government Against the Negro People,” Civil Rights Congress, New York, 1951. Material cited in the following account can be found on pp. 55, 57–58, 81, 82, 85, 102, 103, 113, 116.

89. Danielle McGuire, At the Dark End of the Street: Black Women, Rape, and Resistance—A New History of the Civil Rights Movement from Rosa Parks to the Rise of Black Power (New York: Random House, 2010), 34–35, 45. In a highly unusual turn of events, the officers were tried, convicted of the rape, and sentenced to seven years in prison (61).

90. “We Charge Genocide,” 82.

91. Ibid., 81.

92. McGuire, At the Dark End of the Street, 28, 49–50, 84–86. Ultimately, Claudette was convicted of assault and battery and violation of state segregation laws, despite proof that she had not violated the city laws she had been charged under and had been neither unruly nor abusive (89). Although community groups initially rallied around Claudette Colvin’s case, civil rights leaders, including Rosa Parks, determined that her case could not serve as the spark for the Montgomery bus boycott because she was pregnant and unmarried, dark-skinned, lived in one of the poorest sections of town, and her parents worked as a maid and a laborer. These leaders ignored the fact that Colvin was a straight-A student and member of the NAACP Youth Council (91–92). As McGuire writes, “Political respectability required middle-class decorum. Shining a spotlight on a pregnant black teenager would only fuel white stereotypes of black women’s uninhibited sexuality. Colvin’s swollen stomach could have become a stark reminder that desegregation would lead to sexual debauchery. . . . They risked evoking black stereotypes that could ultimately smother any movement for changes” (93). The politics of respectability which manifest in the movement’s abandonment of Claudette Colvin’s cause similarly shaped the choice and silencing of Rosa Parks as the standard-bearer of the civil rights movement (97–110).

93. Ibid., 218.

94. Angela Y. Davis, “Violence Against Women and the Ongoing Challenge to Racism,” first published as a pamphlet in the Freedom Organizing Series by Kitchen Table: Women of Color Press (1985), reprinted in The Angela Y. Davis Reader, ed. Joy James (Malden, MA: Blackwell, 1998), 138, 147.

95. McGuire, At the Dark End of the Street, 195.

96. Ibid., 192–95.

97. Paula Johnson, “At the Intersection of Injustice: Experiences of African American Women in Crime and Sentencing,” Journal of Gender and the Law 4, no. 1 (Fall 1995): 492; Collins, Black Feminist Thought, 924.

98. Baker, “Systemic White Racism,” 407; see also Jennifer L. Morgan, “‘Some Could Suckle over Their Shoulder’: Male Travelers, Female Bodies, and the Gendering of Racial Ideology,” William and Mary Quarterly 54, no. 1 (1997): 167–92, 171.

99. Mary Odem, Delinquent Daughters: Protecting and Policing Adolescent Female Sexuality in the United States, 1885–1920 (Durham, NC: University of North Carolina Press, 1995), 33. See also Johnson, “At the Intersection of Injustice”; Linda L. Ammons, “Mules, Madonnas, Babies, Bath Water, Racial Imagery and Stereotypes: The African-American Woman and the Battered Woman Syndrome,” Wisconsin Literary Review (1995): 1003, 1026–28. Ammons notes that “long after slavery had been abolished, in some courts the idea of rape and a black woman was inconceivable” (1025n104). For instance, in 1918 the Florida Supreme Court refused to extend the presumption of chastity to “another race that is largely immoral” (33–34, citing Dallas v. State, 79 So. 690, 691 [Fla. 1918]).

100. Baker, “Systemic White Racism,” 407; Ammons, “Mules, Madonnas, Babies,” 1050n172.

101. Cathy J. Cohen, “Punks, Bulldaggers, and Welfare Queens: The Radical Potential of Queer Politics?,” Gay and Lesbian Quarterly 3 (1997): 437–65.

102. Collins, Black Feminist Thought, 83–84.

103. Ibid., 83.

104. Johnson, “At the Intersection of Injustice,” 33–34.

105. Quoted in Ammons, “Mules, Madonnas, Babies,” 173.

106. Ibid. The Moynihan Report essentially blamed the “deterioration of the fabric of Negro society” on the “dominant” role played by Black women in Black families. Paula Giddings, When and Where I Enter: The Impact of Black Women on Race and Sex in America (New York: Bantam, 1984), 325; see also Keeanga-Yamahtta Taylor, From #BlackLivesMatter to Black Liberation (Chicago: Haymarket Books, 2016), 40.

107. Johnson, “At the Intersection of Injustice,” 33–34.

108. Haley, No Mercy Here, 25, 26.

109. Eithne Luibhéid, Entry Denied: Controlling Sexuality at the Border (Minneapolis: University of Minnesota Press, 2002), xi.

110. Ibid., x, xi, xii.

111. Ibid., xi, 3.

112. Ibid., x.

113. Ibid., xi, xii.

114. Ibid., xiii, xi.

115. Sess. 11, Chap. 141; 18 Stat. 477, 43rd Congress, March 3, 1875. Luibhéid, Entry Denied, xv; George Anthony Peffer, “Forbidden Families: Emigration Experiences of Chinese Women under Page Law 1875–1882,” Journal of American Ethnic History 6, no. 1 (Fall 1986): 28–46.

116. The following section draws on Luibhéid, Entry Denied, 6, 31, 38, 41, xi, xii, xiv, xv, xvii, xviii, xvix, 77, 80–81, 207, 90, 78, 12, 9, 10, 26, 9, 7–8, 24, 27, 76, 16, 56, 62, 64, 67, 73, 75, 10, 48, 81, 48.

117. Clare Sears, Arresting Dress: Cross-Dressing, Law, and Fascination in Nineteenth-Century San Francisco (Durham, NC: Duke University Press, 2015), 121–33.

118. Ibid., 35, 37, 11. “The sexual labor of Chinese prostitutes was believed to be the nexus through which germs and disease could most easily be transmitted to white men. . . . Sex with Chinese prostitutes seemed to be the vector through which white supremacy and the perpetuity of ‘the white race’ was directly threatened” (37).

119. Luibhéid, Entry Denied, 44.

120. Yen Le Espiritu, “Race, Class, and Gender in Asian America,” in Making More Waves: New Writing by Asian American Women, ed. Elaine H. Kim, Lilia V. Villanueva, and Asian Women United of California (Boston: Beacon Press, 1997), 135: Lisa C. Ikemoto, “Male Fraud,” in Critical Race Feminism: A Reader, 2nd ed., ed. Adrien Katherine Wing (New York: New York University Press, 2003), 252–54.

121. Alicia Arrizón, “Latina Subjectivity, Sexuality and Sensuality,” Women & Performance: A Journal of Feminist Theory 18, no. 3 (2009): 189–98; Juanita Díaz-Cotto, Chicana Lives and Criminal Justice: Voices from El Barrio (Austin: University of Texas Press, 2006), 11–12; see also Juanita Díaz-Cotto, “Latina Imprisonment and the War on Drugs,” in Bosworth and Flavin, Race, Gender, and Punishment, 187.

122. Díaz-Cotto, Chicana Lives and Criminal Justice, xix.

123. Michael Bronski, A Queer History of the United States (Boston: Beacon Press, 2011), 13.

124. Sears, Arresting Dress, 10.

125. Nan Alamilla Boyd, Wide Open Town: A Queer History of San Francisco (Berkeley: University of California Press), 86–87, 90–91; Joan Nestle, “Lesbians and Prostitutes: A Historical Sisterhood,” in Joan Nestle, A Restricted Country (Ithaca, NY: Firebrand, 1987), 157.

126. Collins, Black Feminist Thought, 920.

CHAPTER 2:Policing Paradigms and Criminalizing Webs

1. Sentencing Project, “Trends in U.S. Corrections: U.S. State and Federal Prison Population 1925–2014,” fact sheet, http://sentencingproject.org/wp-content/uploads/2016/01/Trends-in-US-Corrections.pdf. “The number of women in prison has been increasing at a rate 50 percent higher than men since 1980” (4).

2. Sentencing Project, “Incarcerated Women and Girls,” fact sheet, November 2015, http://www.sentencingproject.org/wp-content/uploads/2016/02/Incarcerated-Women-and-Girls.pdf.

3. Vera Institute, Overlooked: Women and Jails in an Era of Reform (New York, 2016), 6-7, 9.

4. Sentencing Project, “Trends in U.S. Corrections.”

5. Vera Institute, Overlooked, 9.

6. Sentencing Project, “Incarcerated Women and Girls.”

7. Mechthild Nagel, “Anti-Black Racism, Gender, and Abolitionist Politics,” Peace Review 23, no. 3 (2011): 304–12; Barbara Bloom and Meda Chesney-Lind, “Women in Prison: Vengeful Equity,” in Muraskin, It’s a Crime, 544.

8. Christopher Hartney and Linh Vuong, Created Equal: Racial and Ethnic Disparities in the U.S. Criminal Justice System (Oakland, CA: National Council on Crime and Delinquency, March 2009). Native men were incarcerated at 4.2 times the rate of white men.

9. Black women are still between 1.6 and 4.1 times as likely to be incarcerated as white women of any age group. E. Ann Carson, “Prisoners in 2014,” NCJ 248955, Bureau of Justice Statistics website, September 2015, https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5387; see also Sentencing Project, “Incarcerated Women and Girls”; Marc Mauer, The Changing Racial Dynamics of Women’s Incarceration (Washington, DC: Sentencing Project, 2013), http://sentencingproject.org/wp-content/uploads/2015/12/The-Changing-Racial-Dynamics-of-Womens-Incarceration.pdf.

10. Vera Institute, Overlooked, 11.

11. Federal Bureau of Investigation, Crime in the United States—2014 (Washington, DC: FBI, 2015), https://ucr.fbi.gov/crime-in-the-u.s/2014/crime-in-the-u.s.-2014. Arrest data is not reported by both gender and race, so it is impossible to discern gendered racial disparities in arrest data. This figure represents an 8.5 percent increase since 2010, but is tapering off compared to previous decades: arrests of adult women increased by 36.5 percent between 1986 and 1995. FBI, Crime in the United States—1995 (Washington, DC: FBI, 1996), https://ucr.fbi.gov/crime-in-the-u.s/1995.

12. Bloom and Chesney-Lind, “Women in Prison.”

13. FBI, Crime in the United States—2014.

14. Sentencing Project, “Incarcerated Women and Girls.”

15. Ibid. According to Bloom and Chesney-Lind, “Women in Prison,” “When women do commit violent offenses, they often do so in self-defense and as a response to domestic violence. . . . Women prisoners are far more likely to kill intimates or relatives . . . than strangers” (548). According to Victoria Law, “In California, a study found that 93 percent of the women who had killed their significant others had been abused by them. That same study found that 67 percent of those women reported they had been attempting to protect themselves or their children. In New York State, 67 percent of women sent to prison for killing someone close to them were abused by this person.” Victoria Law, “How Many Women are in Prison for Defending Themselves Against Domestic Violence?,” Bitch, September 16, 2014, https://bitchmedia.org/post/women-in-prison-for-fighting-back-against-domestic-abuse-ray-rice.

16. Vera Institute, Overlooked, 9, 23.

17. Bloom and Chesney-Lind, “Women in Prison.”

18. Center for American Progress, “Fact Sheet: The State of African American Women in the United States,” November 7, 2013, https://www.americanprogress.org/issues/race/reports/2013/11/07/79165/fact-sheet-the-state-of-african-american-women-in-the-united-states/report.

19. “Poverty in Black America,” Blackdemographics.com, http://blackdemographics.com/households/poverty/, accessed November 28, 2016.

20. National Women’s Law Center; source: Census Bureau, Current Population Survey, 2012.

21. US Census Bureau, “American FactFinder: Poverty Status in the Past 12 Months of Families 2011-2015,” http://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?src=bkmk.

22. As Anannya Bhattacharjee puts it, “The supposed privacy and sanctity of the home is a very relative concept, whose application . . . [is] heavily conditioned by racial and economic status.” Anannya Bhattacharjee, “Whose Safety? Women of Color and the Violence of Law Enforcement,” working paper, American Friends Service Committee on Women, Population, and the Environment, 2001, 38.

23. Priscilla Ocen, “The New Racially Restrictive Covenant: Race, Welfare, and the Policing of Black Women in Subsidized Housing,” UCLA Law Review 59 (2012): 1540, 1565, 1568–69, 1577–1581 (describing police profiling and discriminatory enforcement against Black women in public housing).

24. ACLU et al., Caught in the Net.

25. Ibid., 23.

26. Katherine Tate, James Lance Taylor, and Mark Q. Sawyer, Something’s in the Air: Race, Crime, and the Legalization of Marijuana (New York: Routledge, 2013); ACLU et al., Caught in the Net, 24.

27. See Sentencing Project, Disparity by Geography: The War on Drugs in America’s Cities (Washington, DC: Sentencing Project, May 1, 2008), 9–10, 16, 21–25, http://www.sentencingproject.org/publications/disparity-by-geography-the-war-on-drugs-in-americas-cities; Patricia Allard, Life Sentences: Denying Welfare Benefits to Women Convicted of Drug Offenses (Washington, DC: Sentencing Project, 2002), https://www.opensocietyfoundations.org/sites/default/files/03-18-03atriciaAllardReport.pdf; ACLU et al., Caught in the Net.

28. Bloom and Chesney-Lind, “Women in Prison.”

29. Drug Policy Alliance, “Fact Sheet: Women, Prison, and the Drug War,” February 2016, http://www.drugpolicy.org/resource/women-prison-and-drug-war.

30. Sentencing Project, “Women in the Criminal Justice System: Briefing Sheets,” May 2007, http://www.sentencingproject.org; Marc Mauer, Cathy Potler, and Richard Wolf, Gender and Justice: Women, Drugs, and Sentencing Policy (Washington, DC: Sentencing Project, 1999), 3, 4; Lisa D. Moore and Amy Elkavich, “Who’s Using and Who’s Doing Time: Incarceration, the War on Drugs, and Public Health,” American Journal of Public Health 98, no. 5 (2008): 782–86.

31. Ross, Inventing the Savage.

32. FBI, Crime in the United States—2014. These numbers continue a long-standing trend; between 1999 and 2008, women’s drug arrests increased by 19 percent, compared to 10 percent for men. Institute on Women and Criminal Justice, Quick Facts: Women and Criminal Justice—2009 (New York: Women’s Prison Association, March 2009, http://www.wpaonline.org/wpaassets/Quick_Facts_Women_and_CJ_Sept09.pdf (citing FBI, Crime in the United States—2008, tables 33 and 42.

33. Bloom and Chesney-Lind, “Women in Prison.”

34. See, for instance, Harry G. Levine and Deborah Peterson Small, Marijuana Arrest Crusade: Racial Bias and Police Policy in New York City (New York: New York Civil Liberties Union, April 2008), http://www.nyclu.org; Katherine Beckett et al., “Drug Use, Drug Possession Arrests, and the Question of Race: Lessons from Seattle,” Social Problems 52, no. 3 (2005): 419–41.

35. Debbie Nathan, “What Happened to Sandra Bland?,” Nation, April 21, 2016.

36. Yvonne D. Newsome, “Border Patrol: The U.S. Customs Service and the Racial Profiling of African American Women,” Journal of African American Studies 7, no. 3 (2003): 31–57.

37. ACLU et al., Caught in the Net.

38. Cathy Harris, Flying While Black: A Whistleblower’s Story (Los Angeles: Milligan Books, 2001), 105.

39. Newsome, “Border Patrol.”

40. ACLU et al., Caught in the Net, 29.

41. Ibid.; Newsome, “Border Patrol,” 50.

42. Newsome, “Border Patrol,”54.

43. Ibid., 55.

44. Ibid., 33.

45. Ibid.

46. Ibid., 42–49 (citing Harris, Flying While Black).

47. Ibid.

48. American Civil Liberties Union of Arizona, Driving While Black or Brown: An Analysis of Racial Profiling in Arizona (Phoenix: ACLU Arizona, April 2008), https://www.aduaz.org/sites/default/files/documents/DrivingWhileBlackorBrown.pdf.

49. Díaz-Cotto, Chicana Lives and Criminal Justice, 134, 135, 137, 140, 141.

50. Geneva Horse Chief, “Amnesty International Hears Testimony on Racial Profiling,” Indian Country Today, October 16, 2003.

51. Associated Press, “Los Angeles Police Officers Accused of Raping Women While on Duty,” Fox News, February 18, 2016.

52. Crenshaw and Ritchie, Say Her Name.

53. See Sentencing Project, Disparity by Geography, 25.

54. Rebecca Maher, Sexed Work: Gender, Race and Resistance in a Brooklyn Drug Market (Oxford, UK: Oxford University Press, 1997), 2–3.

55. dream hampton, dir., Treasure: From Tragedy to Transjustice, Mapping a Detroit Story, 2015, www.treasuredoc.com.

56. Maher, Sexed Work.

57. ACLU et al., Caught in the Net, 30.

58. Maher, Sexed Work.

59. Ibid.

60. Ibid. For instance, Maher describes the issuance of 7,160 summons for minor offenses “aimed at deterring drug traffic in the area” by the Narcotics Division of the New York City Police Department within a six-month period in the early 1990s in a Brooklyn neighborhood.

61. Ellen M. Boylan, Advocating for Reform of Zero Tolerance Student Discipline Policies: Lessons from the Field (New York: Education Law Center, 2002); Andrea McArdle and Tanya Erzen, eds., Zero Tolerance: Quality of Life and the New Police Brutality in New York City (New York: New York University Press, 2001).

62. George L. Kelling and James Q. Wilson, “Broken Windows: The Police and Neighborhood Safety,” Atlantic, March 1982, http://www.theatlantic.com/magazine/archive/1982/03/brokenwindows/304465.

63. Tanya Erzen, “Turnstile Jumpers and Broken Windows: Policing Disorder in New York City,” in McArdle and Erzen, Zero Tolerance, 19–49.

64. Ibid.

65. Pete White, “Litigating Against Police Misconduct,” plenary address, Critical Race Studies Symposium, UCLA, Los Angeles, October 17, 2015, citing early writings of James Q. Wilson.

66. Kelling and Wilson, “Broken Windows.”

67. Bernard E. Harcourt, “Punitive Preventive Justice: A Critique,” University of Chicago Public Law and Legal Theory Working Paper No. 386 / Coase-Sandor Institute for Law & Economics Working Paper No. 599 (2012), http://chicagounbound.uchicago.edu/law_and_economics/401, accessed January 15, 2016; see also Office of the Inspector General for the NYPD, An Analysis of Quality-of-Life Summons, Quality-of-Life Misdemeanor Arrests, and Felony Crime in New York City, 2010-2015 (New York: New York City Department of Investigation, 2016), 3–5 (finding no empirical evidence of a link among summonses, misdemeanor-arrest activity, and felony crime).

68. National Law Center on Homelessness and Poverty, No Safe Place: The Criminalization of Homelessness in U.S. Cities (Washington, DC: 2014), 7–8.

69. K. Babe Howell, “Broken Lives from Broken Windows: The Hidden Costs of Aggressive Order-Maintenance Policing,” New York University Review of Law and Social Change 33 (2009): 271, 274.

70. OIG-NYPD, An Analysis of Quality-of-Life Summons, 2.

71. NAACP, Born Suspect: Stop and Frisk Abuses and the Continued Fight to End Racial Profiling in America (Washington, DC: NAACP, 2014), 14; #SilentMarchNYC: Giselle, naacpconnect.org/video/entry/silentmarchnyc-giselle, June 14, 2012.

72. Dorothy E. Roberts, “Supreme Court Review, Foreword: Race, Vagueness and the Social Meaning of Order-Maintenance Policing,” Journal of Criminal Law and Criminology 89, no.3 (Spring 1999): 775. See, generally, McArdle and Erzen, Zero Tolerance. Charles Reich, quoted in Phillip Beatty, Amanda Petteruti, and Jason Ziedenberg, The Vortex: The Concentrated Racial Impact of Drug Imprisonment and the Characteristics of Punitive Counties (Washington, DC: Justice Policy Institute, 2007), states, “Laws that are widely violated . . . especially lend themselves to selective and arbitrary enforcement” (14).

73. George Kelling, “Don’t Blame My Broken Windows Theory for Poor Policing,” Politico, August 11, 2015, http://www.politico.com/magazine/story/2015/08/broken-windows-theory-poor-policing-ferguson-kelling-121268.

74. Kelling and Wilson, “Broken Windows”

75. Rudolph W. Giuliani and William J. Bratton, Police Strategy No. 5: Reclaiming the Public Spaces of New York, July 6, 1994, http://marijuana-arrests.com/docs/Bratton-blueprint-1994—Reclaiming-the-public-spaces-of-NY.pdf, accessed April 4, 2016.

76. Ibid.

77. Kelling and Wilson, “Broken Windows.”

78. Ibid.

79. Ibid.

80. Dayo F. Gore, Tamara Jones, Joo-Hyun Kang, “Organizing at the Intersections: A Roundtable Discussion of Police Brutality Through the Lens of Race, Class, and Sexual Identities,” in McArdle and Erzen, Zero Tolerance.

81. Ibid.

82. Matt Lait and Scott Glover, “Killing of Homeless Woman Unjustified, Officer Says,” Los Angeles Times, July 21, 2000; Nicholas Riccardi, “City to Pay $975,000 in Police Killing of Homeless Woman,” Los Angeles Times, December 16, 2000; “L.A.—The Police Murder of Margaret Mitchell,” Revolutionary Worker 1010 (June 13, 1999), http://revcom.us/a/v21/1010-019/1010/lapd.htm.

83. Smith, Conquest, 147.

84. Jim Hoffer, “Investigation: Woman Claims Brutality Against NYPD Officer,” Eyewitness News, ABC 7 NY, August 1, 2014, http://abc7ny.com/news/investigation-woman-claims-police-brutality-against-nypd-officer/229978, accessed January 18, 2016.

85. Emma Lacey-Bordeaux, “Arizona Professor’s Jay Walking Arrest Quickly Gets Out of Hand,” CNN, June 30, 2014.

86. Mogul, Ritchie, and Whitlock, Queer (In)Justice.

87. Ibid.; Erzen, “Turnstile Jumpers,” 19.

88. Mogul, Ritchie, and Whitlock, Queer (In)Justice.

89. Testimony of Veronica Garcia, Amnesty International hearing “One Nation, Many Faces: The State of Racial Profiling by Law Enforcement Today,” October 2, 2003, transcript in author’s collection. See, also, Roberta Spalter-Roth, “Street Vending in Washington, DC: Reassessing the Regulation of a ‘Public Nuisance,’” occasional paper, Center for Washington Area Studies, George Washington University, 1985; Ana Muñiz, Police, Power and the Production of Racial Boundaries (New Brunswick, NJ: Rutgers University Press), 58, 62.

90. Center for American Progress, “Facts on Immigration Today,” October 2014, https://www.americanprogress.org/issues/immigration/reports/2014/10/23/59040/the-facts-on-immigration-today-3; Doris Meissner, Donald M. Kerwin, Muzzafar Chishti, and Claire Bergeron, Immigration Enforcement in the United States: The Rise of a Formidable Machinery (Washington, DC: Migration Policy Institute, 2013), 2, 9.

91. President Obama deported more than two million immigrants (Center for American Progress, “Facts on Immigration Today”); see also Meissner et al., Immigration Enforcement in the United States. Between 1892 and 1997, 2.1 million people were deported from the United States. See Tanya Golash-Boza, “Mapping the Shift from Border to Interior Enforcement of Immigration Laws During the Obama Presidency,” Social Scientists on Immigration Policy, January 25, 2013, http://stopdeportationsnow.blogspot.com/2013/01/mapping-shift-from-border-to-interior_7232.html.

92. American Immigration Council, “The Growth of the U.S. Deportation Machine,” fact sheet, March 2014, https://www.americanimmigrationcouncil.org/research/growth-us-deportation-machine, 3–4; Meissner et al., Immigration Enforcement in the United States; Tanya Golash-Boza and Pierrette Hondagneu-Sotelo, “Latino Immigrant Men and the Deportation Crisis: A Gendered Racial Removal Program,” Latino Studies 11, no. 3 (2013): 271, 276; Ken Dilanian, “Border Patrol Is Grappling with Misconduct Cases in Its Ranks,” Los Angeles Times, September 7, 2010; National Network for Immigrant and Refugee Rights, Over-Raided, Under Siege: U.S. Immigration Laws and Enforcement Destroy the Rights of Migrants (Oakland, CA: National Network for Immigrant and Refugee Rights, 2008); H. Nimr, C. Tactaquin, and A. Garcia, Human Rights & Human Security at Risk: The Consequences of Placing Immigration Enforcement and Services in the Department of Homeland Security (Oakland, CA: National Network for Immigrant and Refugee Rights, 2003); National Network for Immigrant and Refugee Rights, Preliminary Report and Findings of the Emergency National Border Justice and Solidarity Community Tour: Militarization and Impunity at the Border (Oakland, CA: National Network for Immigrant and Refugee Rights, October 2006); T. Dunn, The Militarization of the US-Mexico Border 1978–1992: Low-Intensity Conflict Doctrine Comes Home (Austin: University of Texas, Center for Mexican American Studies, 1996).

93. American Immigration Council, “The Growth of the U.S. Deportation Machine,” 2.

94. Tram Nguyen, We Are All Suspects Now: Untold Stories from Immigrant Communities After 9/11 (Boston: Beacon Press, 2005), 100–101.

95. Coalición de Derechos Humanos, Derechos Humanos: Alianza Indígena Sin Fronteras 1, no. 1 (Summer 2004): 25, in author’s collection.

96. Roberto Rodriguez, “‘Never Again a World Without Us’: The Many Tentacles of State Violence Against Black-Brown-Indigenous Communities,” in Who Do You Serve? Who Do You Protect?, ed. Maya Schenwar, Joe Macaré, and Alana Yu-lan Price (Chicago: Haymarket Books, 2016), 65.

97. National Network for Immigrant and Refugee Rights, Over-Raided, Under Siege.

98. American Immigration Council, “The Growth of the U.S. Deportation Machine,” 2; Golash-Boza and Hondagneu-Sotelo, “Latino Immigrant Men,” 271, 276.

99. Eunice Hyunhye Cho and Lisa Graybill, Families in Fear: The Atlanta Immigration Raids (Montgomery, AL: Southern Poverty Law Center and Georgia Latino Alliance for Human Rights, 2016), 1.

100. Bhattacharjee, “Whose Safety?,” 41–42.

101. American Immigration Council, “The Growth of the U.S. Deportation Machine,” 6–7; Golash-Boza and Hondagneu-Sotelo, “Latino Immigrant Men,” 271, 278–79, 281.

102. US Immigration and Customs Enforcement, “Priority Enforcement Program,” https://www.ice.gov/pep, accessed January 14, 2017; Juliana Morgan-Trostle, Kexin Zheng and Carl Lipscombe, State of Black Immigrants 2016 (New York: Black Alliance for Just Immigration and New York University School of Law Immigrant Rights Clinic, 2017), 14, 16–17. The Priority Enforcement Program replaced the earlier “Secure Communities” program, which was the subject of widespread opposition by states and localities.

103. Meissner et al., Immigration Enforcement in the United States, 7.

104. Morgan-Trostle et al., State of Black Immigrants 2016, 13, 15–19. William C. Anderson, “Killing Africa,” in Schenwar, Macaré, and Price, Who Do You Serve?, 73.

105. Golash-Boza and Hondagneu-Sotelo, “Latino Immigrant Men,” 271, 279.

106. National Network for Immigrant and Refugee Rights, Over-Raided, Under Siege.

107. Ibid.

108. Golash-Boza and Hondagneu-Sotelo, “Latino Immigrant Men.” Fear of deportation was identified as the primary reason that 64 percent of undocumented women in a San Francisco study did not seek social services. See Chris Hogeland and Karen Rosen, Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (San Francisco: Coalition for Immigrant and Refugee Rights and Services, 1991), 63.

109. Rita E. Urquijo-Ruiz, “Alicia Sotero Vásquez: Police Brutality Against an Undocumented Mexican Woman,” Chicana/Latina Studies 4, no. 1 (Fall 2004): 68–72, 74; see also Golash-Boza and Hondagneu-Sotelo, “Latino Immigrant Men.”

110. Martha D. Escobar, Captivity Beyond Prisons: Criminalization Experiences of Latina (Im)migrants (Austin: University of Texas Press, 2016), 97, 105.

111. Nguyen, We Are All Suspects Now, xvii.

112. Ibid.

113. Ibid., 85.

114. Andrea J. Ritchie, “Law Enforcement Violence Against Women of Color,” in Color of Violence: The INCITE! Anthology (2006; repr. ed., Durham, NC: Duke University Press, 2016).

115. Nina Bernstein, “Questions, Bitterness and Exile for Queens Girl in Terror Case,” New York Times, June 17, 2005.

116. Luisita Lopez Torregrosa, “Life After Detention: ‘I Was Definitely Cheated of a Future,’” New York Times, January 26, 2016.

117. Peter Hermann, “Baltimore’s Transgender Community Mourns One of Their Own, Slain by Police,” Washington Post, April 3, 2015, https://www.washingtonpost.com/local/crime/baltimores-transgender-community-mourns-one-of-their-own-slain-by-police/2015/04/03/2f657da4-d88f-11e4-8103-fa84725dbf9d_story.html.

118. “A Deadly U-Turn: Did Miriam Carey Need to Die After Wrong Car Move at White House Checkpoint?,” Democracy Now, April 27, 2015; David Montgomery, “Her Name Was Miriam Carey,” Washington Post Magazine, November 26, 2014.

119. Reena Flores, “White House Responds to Petition to Label Black Lives Matter a ‘Terror’ Group,” CBS News, July 17, 2016, http://www.cbsnews.com/news/white-house-responds-to-petition-to-label-black-lives-matter-a-terror-group; Angela Davis, Freedom Is a Constant Struggle (Chicago: Haymarket Press, 2016), 140–41.

120. See Ritchie, “Law Enforcement Violence Against Women of Color,” 155; Rights Working Group, Faces of Racial Profiling: A Report from Communities Across America (Washington, DC: 2010), 29.

121. Testimony of Sheila Mirza and Emira Habiby Browne, Amnesty International hearing “One Nation, Many Faces.”

122. Louise A. Cainkar, Homeland Insecurity: The Arab American and Muslim American Experience After 9/11 (New York: Russell Sage Foundation, 2009), 161.

123. Chaumtoli Huq, “American Devotion to Order over Justice Must End,” Al-Jazeera America, August 25, 2015; see also Ben Fractenberg, “Mom Arrested for Blocking Sidewalk While Waiting for Family to Use Bathroom,” DNA Info, September 2, 2014, https://www.dnainf0.c0m/new-y0rk/20140902/midt0wn/m0m-arrested-for-blocking-sidewalk-while-waiting-for-family-use-bathroom.

124. Chaumtoli Huq, “Stop Policing Gender Outlaws,” Al-Jazeera America, October 14, 2015; Fractenberg, “Mom Arrested for Blocking Sidewalk.”

125. Complaint, Itemid v. Borchardt, 16-cv-8033 (N.D. Ill. August 18, 2016).

126. “Muslim Woman Mistaken for Terrorist Sues Chicago Police,” CBS News, August 12, 2016.

127. Shaista Patel, “Racing Madness,” in Disability Incarcerated: Imprisonment and Disability in the United States and Canada, ed. Liat Ben-Moshe, Chris Chapman, and Allison C. Carey (New York: Palgrave Macmillan, 2014), 202.

128. Nadine Naber, Eman Desouky, and Lina Baroudi, “The Forgotten ‘-ism’: An Arab American Women’s Perspective on Zionism, Racism, and Sexism,” in INCITE!, Color of Violence, 97, 104–6.

129. Nguyen, We Are All Suspects Now, 79–80.

130. Ibid., 79–80, 82.

131. Alexander quoted in ibid., 81.

132. Ibid., 140.

133. Bhattacharjee, “Whose Safety?,” 9.

CHAPTER 3: Policing Girls

1. Naomi Martin, “Racist Comments Prompted McKinney Pool Party Fight, Host Says,” Dallas News, June 2015; MSNBC Talks with Teenage Eyewitness to McKinney TX Pool Party, video, All In with Chris Hayes, June 9, 2015, https://www.youtube.com/watch?v=4zAnZA51Gjo; Sarah Mervosh, “McKinney Officer Eric Casebolt Resigns; Police Chief Calls Actions at Pool Party ‘Indefensible,’” Dallas News, June 2015.

2. Martin, “Racist Comments Prompted McKinney Pool Party Fight.”

3. Tristan Hallman, “Attorney Says Her Teenage Client’s Treatment at McKinney Pool Party Was ‘Inappropriate, Excessive and Without Cause,’” Dallas News, June 2015.

4. Martin, “Racist Comments Prompted McKinney Pool Party Fight.”

5. Becton’s case, and the prominent role of pool segregation during the Jim Crow era, were both highlighted a year later when Simone Manuels became the first African American to win gold in an Olympic swimming event. See Andray Domise, “Why Simone Manuel’s Gold-Medal Swim in Rio Was So Historic,” MacLean’s, August 13, 2016.

6. Martin, “Racist Comments Prompted McKinney Pool Party Fight.”

7. See, for example, Stacey Patton, “White Male Cops: Keep Your Hands off Black Women and Girls,” Dame Magazine, June 20, 2015, http://www.damemagazine.com/2015/06/20/white-male-cops-keep-your-hands-black-women-and-girls.

8. Mervosh, “McKinney Officer Eric Casebolt Resigns.”

9. Ibid.

10. “Texas Family Pursuing Civil Lawsuit in Pool Party Police Brutality Case,” Clutch, June 2016.

11. David Love, “Her Name Is Shakara: Spring Valley High Victim Refused to Comply with Unfair Punishment,” Atlanta Black Star, October 31, 2005; Eric Owens, “Fallout Continues over Viral Video of Slamming, Dragging High School Girl,” Daily Caller, November 2, 2015; Thad Moore, Jason Silverstein, and Nancy Dillon, “South Carolina Student Who Was Assaulted by Deputy Ben Fields Is Living in Foster Care, Says Her Lawyer,” Daily News, October 28, 2015.

12. Iyana Robertson, “Everything You Should Know About the Spring Valley High School Assault,” Vibe, October 27, 2015.

13. Loren Thomas, “Student Arrested Says She Was Standing Up for Classmate,” WLTX19, October 28, 2015.

14. Owens, “Fallout Continues over Viral Video.”

15. Jamie Self, “Columbia Student Files Lawsuit to Void Law Used to Arrest Her,” State, August 11, 2016.

16. Glen Luke Flanagan, “FBI Report on Spring Valley Causes New Court Date for Girl Charged,” State, July 19, 2016, http://www.thestate.com/news/local/crime/article90476652.html.

17. Chris Sommerfeldt, “Disgraced South Carolina Officer Will Not Face Charges for Hurling Student Across Classroom,” New York Daily News, September 3, 2016.

18. “Video Captures Police Handcuffing 5-Year-Old Girl,” Associated Press, April 22, 2005; “A Current Affair to Show 5-Year-Old’s Arrest Today,” http://www.acurrentaffair.com/daily/todayshow/index.html, accessed April 24, 2005.

19. Monique W. Morris, Pushout: The Criminalization of Black Girls in Schools (New York: New Press, 2016), 4, 56–57.

20. New York Civil Liberties Union, Criminalizing the Classroom: The Over-Policing of New York City Schools (New York, 2007), 14, 15, 18. The report decries the evolution of “minor violations of school rules” into “violations of the penal law”—fighting in the hallway becomes “assault,” taking a classmate’s pencil case becomes a “property crime,” talking back becomes “disorderly conduct” (18).

21. Ibid., 3.

22. INCITE!, Women of Color Against Violence, Law Enforcement Violence Against Women of Color & Trans People of Color: A Critical Intersection of Gender Violence & State Violence; an Organizer’s Resource and Tool Kit, (Redmond, WA: INCITE! Women of Color Against Violence, 2008), 23 (hereafter INCITE!, Organizer’s Tool Kit on Law Enforcement Violence); Ann Simmons, “Mothers Seek Action from Palmdale School; They Protest When Their Children Are Suspended After Allegedly Tussling with a Security Guard,” Los Angeles Times, September 29, 2007.

23. Aidan McLaughlin, Thomas Tracy, and Dan Rivoli, “Hundreds of Harlem, Bronx Subway Riders Get Free MetroCard Swipes as Groups Protest Disproportionate Fare Beating Arrests,” New York Daily News, May 11, 2016.

24. Morris, Pushout, 67; Remy Kharbanda and Andrea Ritchie, Education Not Deportation: Impacts of New York City School Safety Policies on South Asian Immigrant Youth (New York: Desis Rising Up and Moving, June 2006), 65–66.

25. See New York Civil Liberties Union, Criminalizing the Classroom, 20; Kharbanda and Ritchie, Education Not Deportation, 65–66, 70; Chino Hardin of Prison Moratorium Project, quoted in Elizabeth Hays, “Students United to Rip Patrol, Want Cops out of Schools,” New York Daily News, February 18, 2004. Morris notes that although white men aged thirteen to eighteen are most likely to initiate a school shooting, police officers and metal detectors are more likely to be placed in schools where the student population is largely made up of youth of color (75).

26. Kharbanda and Ritchie, Education Not Deportation, 65–66.

27. Morris, Pushout, 69.

28. Ibid., 76.

29. Ibid., 77. In her study of police presence in a New York City school, Kathleen Nolan notes that generally offenses like “disorderly conduct” were charged for altercations between students in approximately 40 percent of cases, with the remaining 60 percent arising from “insubordination during an exchange with an adult.” Kathleen Nolan, Police in the Hallways: Discipline in an Urban High School (Minneapolis: University of Minnesota Press, 2011), 59. Nolan cites the following as examples of what she terms “the interplay between institutional demand for respect and the culture of penal control”: “issued a summons . . . for misbehaving,” “issued a [referral to the juvenile justice system] . . . for refusing to present her identification when asked to do so,” “insubordinate towards a female [school safety officer] and used profanity towards her” (60–62).

30. Disparities in Discipline: A Look at School Disciplinary Actions for Utah’s American Indian Students (Salt Lake City: University of Utah, SJ Quinney College of Law, Public Policy Clinic, 2014), 6.

31. Morris, Pushout, 76, 77.

32. Nolan, Police in the Hallways, 65, 66.

33. The Advancement Project, Education on Lockdown: The Schoolhouse to Jailhouse Track, March 2005, http://www.advancementproject.org/resources/entry/education-on-lockdown-the-schoolhouse-to-jailhouse-track; Tammy Johnson, Jennifer Emiko Boyden, and William J. Pittz, “Racial Profiling and Punishment in U.S. Public Schools,” Applied Research Center, 2001, http://www.lausd.k12.ca.us/district_g/resources/small_lrn_com/files/profiling.pdf.

34. CSG Justice Center, in partnership with the Public Policy Research Institute at Texas A&M University, Breaking Schools’ Rules: A Statewide Study on How School Discipline Relates to Students’ Success and Juvenile Justice Involvement (July 2011).

35. Amanda Ripley, “How America Outlawed Adolescence,” Atlantic, November 2016.

36. Morris, Pushout, 3, 68. From 2010 to 2014, young women, the vast majority Black, made up between 27 percent and 32 percent of arrests of youth in schools in Chicago. See Project NIA, Policing Chicago Public Schools : A Gateway to the School-to-Prison Pipeline, vol. 3, 2013–2014 Data on School Arrests, 2015, http://cpdincps.com/new-page/; Project Nia, Policing Public Schools in Chicago, vol. 2, 2011–2012 Data on School Arrests, 2014, http://cpdincps.com/downloadable-report; Mariame Kaba and Frank Edwards, “Policing Public Schools in Chicago 2,” Project Nia, January 2012, https://policeinschools.files.wordpress.com/2011/12/policing-chicago-public-schools-final2.pdf. Young women were most frequently arrested for battery, disorderly conduct, and miscellaneous minor offenses (3, 5, 8, 11).

37. Morris, Pushout, 10, 34, 12.

38. Ibid., 70.

39. Ibid., 11, 19, 24, 58–59.

40. Ibid., 19, 58–59.

41. Ibid., 34.

42. Disparities in Discipline, 9–10.

43. Ibid.

44. Teresa Wiltz, “American Indian Girls Often Fall Through the Cracks,” Stateline, Pew Charitable Trusts, March 4, 2016.

45. American Civil Liberties Union of South Dakota, Profiles of Kids at Risk (2005), https://www.aclu.org/other/profiles-kids-risk-winner-sd; see also Antoine v. Winner School District 59–2, no. CIV 06–3007, 2006 U.S. Dist. LEXIS 76910 (D.S.D. Oct. 19, 2006).

46. Lindsey Bever, “School Officer Fired After Video Showed Him Body Slamming a 12-Year-Old Girl,” Washington Post, April 11, 2016.

47. “Police Review Policy After Tasers Used on Kids,” CNN.com, November 15, 2004, http://www.cnn.com/2004/US/11/14/children.tasers/.

48. David Weber, “Records: Cops Used Tasers Against 24 Students Since 2003,” Sun Sentinel, March 25, 2005; see also Ashley Swann, “Mom Upset After Officer Used Taser on Child During Fight,” WSB-TV Atlanta, February 9, 2013.

49. Anne-Marie Cusac, “The Trouble with Tasers,” Progressive, April 11, 2005.

50. Rebecca Kelin, “School Police Have Used Electroshock Weapons on At Least 4 Kids Since August,” Huffington Post, September 29, 2016.

51. New York Civil Liberties Union, Criminalizing the Classroom, 16, 17.

52. Testimony witnessed by author.

53. New York Civil Liberties Union, Criminalizing the Classroom, 12.

54. Ibid., 16–17.

55. Elizabeth Sullivan, Deprived of Dignity: Degrading Treatment and Abusive Discipline in New York City and Los Angeles Public Schools, National Economic and Social Rights Initiative, 2007, https://www.nesri.org/sites/default/files/deprived_of_dignity_07.pdf.

56. Kharbanda and Ritchie, Education Not Deportation, 40.

57. Girls for Gender Equity, Black Girls Breaking Silence on School Push-Out, YouTube, https://www.youtube.com/watch?v=-y0AmxZMgpQ.

58. “Battery Charges Dropped Against Hercules High School Transgender Teen Who Had Been Bullied,” CBSSF Bay Area, May 7, 2014; “Hercules Transgender Teen Charged with Battery After Fighting Back Against Bullies,” CBSSF Bay Area, January 9, 2014.

59. Kharbarda and Ritchie, Education Not Deportation, 4, 7, 25, 28, 48, and 65–66; also see Letitia Miranda, “Undocumented Immigrants Fear Mass Deportation Under President Trump,” Buzzfeed, November 10, 2016, https://www.buzzfeed.com/leticiamiranda/undocumented-immigrants-fear-mass-deportation-under-presiden?utm_term=.bpZOpb1OQ#.llkLzn2Ly.

60. Meg Wagner, “Washington Teen Sues Cop Who Dragged Her off Her Bike, Choked Her in Mall Parking Lot,” New York Daily News, May 14, 2016.

61. Ibid.

62. Rod K. Brunson and Jody Miller, “Gender, Race, and Urban Policing: The Experience of African American Youths,” Gender and Society 20, no. 4 (August 2006): 531–52, 532, 533, 539, 540, 541–42, 545, and 546.

63. Kathryn E. W. Himmelstein and Hannah Brückner, “Criminal Justice and School Sanctions Against Nonheterosexual Youth: A National Longitudinal Study,” Pediatrics 127, no. 1 (January 2011): 54.

64. City Council, City of New York, transcript of the minutes of the Committee on Civil Rights, October 23, 2012; City Council, City of New York, transcript of the minutes of the Committee on Civil Rights, October 24, 2012.

65. See Taylor, From #BlackLivesMatter to Black Liberation, 190.

66. “Vivian Anderson: Community Activist, Global Advocate,” http://www.viviananderson.com.

67. Black Lives Matter website, “Every Black Girl Matters and Deserves to Grow into a Phenomenal Version of Themselves,” http://blacklivesmatter.com/everyblackgirlmatters.

68. EveryBlackGirl, press release, September 12, 2016, in author’s collection.

69. Niya Kenny, #EveryBlackGirl, video, https://drive.google.com/file/d/0B6Pve1JkM3e3WVAyZHlMdCoyVm8/view.

70. The Sadie Nash Leadership Project is a leadership-development program for young women twelve to twenty-one. For more information, go to www.sadienash.org. The video Our Forgotten Voices from HIStory to HERstory, YouTube, January 1, 2013, is at https://www.youtube.com/watch?v=F-T08_JPH-s.

CHAPTER 4: Policing (Dis)Ability

1. Terry Morris, No Justice, No Peace: From Emmett Till To Rodney King (Brooklyn, NY: Afrocentric Productions, 1993), 41; Selwyn Raab, “Officer Indicted in Bumpurs Case,” New York Times, February 1, 1985; Davis, “Violence Against Women and the Ongoing Challenge to Racism,” 138, 147; Selwyn Raab, “Ward Defends Police Actions in Bronx Death,” New York Times, November 3, 1984; “Then, After the Killing,” editorial, New York Times, November 2, 1984.

2. See, for example, Andrea J. Ritchie, “#SayHerName: Racial Profiling and Police Violence Against Black Women,” Harbinger 41 (2016): 187.

3. Jackie Lacey, District Attorney of County of Los Angeles website, “District Attorney Declines to File Charges Against Former California Highway Patrol Officer,” news release, December 3, 2015, http://da.lacounty.gov/sites/default/files/pdf/120315-da-decline-release-report.pdf.

4. Ibid.

5. Pinnock v. Farrow et al., First Amended Complaint, 14cv05551 (C.D. Ca, July 25, 2014); California Highway Patrol Officer Beating Woman in the Head on Side of Road, YouTube video, https://www.youtube.com/watch?v=DcCN5C7UBx0, July 5, 2014; “Beating Victim: CHP Officer ‘Was Trying to Kill Me,’” Crimesider, August 11, 2014; “No Criminal Charges for Officer Seen Punching Woman on Video,” Los Angeles Times, December 2, 2015; Artemis Moshtaghian and Sara Sidner, “$1.5 Million Settlement for Woman Beaten by California Patrol Officer,” CNN, September 25, 2014; Thug Cop Beats Homeless Black Woman (Support Rally & Fight for Justice), July 8, 2014, YouTube video, https://www.youtube.com/watch?v=sJ5lur3XWAc.

6. Alan Feuer, “Fatal Police Shooting in Bronx Echoes One from 32 Years Ago,” New York Times, October 19, 2016; Alex Vitale, “Eleanor Bumpurs, Deborah Danner, and Finally Fixing Our Emergency Response,” Gotham Gazette, October 20, 2016; Stephanie Pagonis, “NYPD Shooting of Mentally Ill Woman Invokes Memory of Eleanor Bumpurs,” New York Post, October 20, 2016.

7. Deborah Danner, “Living with Schizophrenia,” January 28, 2012, https://assets.documentcloud.org/documents/3146953/Living-With-Schizophrenia-by-Deborah-Danner.pdf.

8. Eli Rosenberg and Ashley Southall, “In Quick Response, de Blasio Calls Fatal Shooting of Mentally Ill Woman ‘Unacceptable,’” New York Times, October 19, 2016.

9. Crenshaw and Ritchie, Say Her Name.

10. Haley, No Mercy Here, 18, 20.

11. See Chapman, Ben-Moshe, and Carey, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated; Nirmala Erevelles, “Crippin’ Jim Crow: Disability, Dis-Location, and the School-to-Prison Pipeline”; and Syrus Ware, Joan Ruzsa and Giselle Dias, “It Can’t Be Fixed Because It’s Not Broken,” in Ben-Moshe, Chapman, and Carey, Disability Incarcerated, 11, 85; and Camille A. Nelson, “Racializing Disability, Disabling Race: Policing Race and Mental Status,” Berkley Journal of Criminal Law 15, no. 1 (2010): 13–17 (citing disability justice scholars).

12. E-mail to the author.

13. Immigrant women and other women of color were historically portrayed as the faces of “feeblemindedness” and “insanity” (Chapman, Ben-Moshe, and Carey, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated, 8).

14. Vanessa Jackson, “An Early History—African American Mental Health,” Race, Healthcare, and the Law, http://academic.udayton.edu/health/01status/mental01.htm, 4, accessed April 11, 2016.

15. Pemina Yellow Bird, “Wild Indians: Native Perspectives on the Hiawatha Asylum for Insane Indians,” at 3, 4, 5, http://www.power2u.org/downloads/NativePerspectivesPeminaYellowBird.pdf.

16. Sears, Arresting Dress, 42–43; see also Chapman, Ben-Moshe, and Carey, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated; Erevelles, “Crippin’ Jim Crow,” 3, 4, 88.

17. Chapman, Ben-Moshe, and Carey, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated, 9.

18. David M. Perry and Lawrence Carter-Long, “The Ruderman White Paper on Media Coverage of Law Enforcement Use of Force and Disability: A Media Study (2013–2015) and Overview,” Ruderman Family Foundation, Boston, March 2016, 1, 8. See also Kimbriell Kelly et al., “Fatal Shootings by Police Remain Relatively Unchanged After Two Years,” Washington Post, December 30, 2016, estimating that a quarter of police shootings in 2015 and 2016 involved people labeled with mental illness.

19. Doris A. Fuller, H. Richard Lamb, Michael Biasotti, and John Snook, Overlooked in the Undercounted: The Role of Mental Illness in Fatal Law Enforcement Encounters (Arlington, VA: Treatment Advocacy Center, Office of Research and Public Affairs, December 2015), http://www.treatmentadvocacycenter.org/storage/documents/overlooked-in-the-undercounted.pdf. The Treatment Advocacy Center has been criticized by mental health consumer rights organizations for its support of measures facilitating involuntary commitment.

20. Ibid., 1; Judge David L. Bazelon Center for Mental Health Law, letter to the President’s Task Force on 21st-Century Policing, March 12, 2015, http://www.bazelon.org/LinkClick.aspx?fileticket=zGdyaep2AjI%3d; Rebecca Vallas and Shawn Fremstad, Disability Is a Cause and Consequence of Poverty (Washington, DC: Center for American Progress, 2014), write that the “poverty rate for working-age people with disabilities is nearly two and a half times higher than that for people without disabilities. Indeed, recent research finds that half of all working age adults who experience at least one year of poverty have a disability, and nearly two-thirds of those experiencing longer-term poverty have a disability”). See also Chapman, Ben-Moshe, and Carey, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated, 12, 16; and Michael Rembis, “The New Asylums,” in Ben-Moshe, Chapman, and Carey, Disability Incarcerated, 149–50.

21. New York City Department of Investigation, Office of the Inspector General for the NYPD, Putting Training into Practice: A Review of the NYPD’s Approach to Handling Interactions with People in Mental Crisis (2017).

22. Fuller et al., Overlooked in the Undercounted, 5; Bazelon Center, letter to the President’s Task Force on 21st-Century Policing.

23. Linda A. Teplin, “Keeping the Peace: Police Discretion and Mentally Ill Persons,” National Institute of Justice Journal 11, no. 12 (July 2000): 9–15.

24. Jackson, “An Early History,” writes: “In the late 1960s, Vernon Mark, William Sweet and Frank Ervin suggested that urban violence, which most African-Americans perceived as a reaction to oppression, poverty and state-sponsored economic and physical violence against us, was actually due to ‘brain dysfunction,’ and recommended the use of psychosurgery to prevent outbreaks of violence. . . . The issue of brain dysfunction as a cause of poor social conditions in African-American and Latino communities continues to crop up in the federally funded Violence Initiatives of the 1990s and current calls for psychiatric screening for all children entering juvenile justice facilities” (5). Such theories are reminiscent of diagnoses such as drapetomania (described as a mental disease causing slaves to run away that should be treated with whipping) and dysaethesia aethiopica (described as “rascality” that should also be treated with whipping) (ibid.). Similarly, women have historically been seen as prone to emotional disturbance because of their gender and defiance of gender norms and patriarchal authority—both embodying and causing psychiatric disability in others (ibid.); see also Gabriel Arkles, “Gun Control, Mental Illness, and Black Trans and Lesbian Survival,” Southwestern Law Journal 42, no. 4 (2013): 876–98; James W. Hicks, “Ethnicity, Race, and Forensic Psychiatry: Are We Color-Blind?,” Journal of the American Academy of Psychiatry Law 32 (2004): 31–33.

25. As part of this process, Nelson and others note the disabling effects of slavery, incarceration, and other racialized institutions such as Indian Residential Schools (“Racializing Disability, Disabling Race,” 1, 5, 6); Chapman, Ben-Moshe, and Carey, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated, 9; Erevelles, “Crippin’ Jim Crow,” 86–87.

26. Nelson, “Racializing Disability, Disabling Race,” 45–47.

27. Arkles, “Gun Control”; Mogul, Ritchie, and Whitlock, Queer (In)Justice.

28. Rachel Anspaugh, “Police Violence Frequently Targets Disabled Black People—and We Hardly Ever Talk About It,” Fusion, January 2, 2017; Emilie Raguso, “City Seeks Rejection of Wrongful Death Lawsuit Against Police; Celebrity Pathologist Disputes Cause of Death,” Berkeleyside, September 23, 2016, http://www.berkeleyside.com/2016/09/23/city-seeks-rejection-of-wrongful-death-lawsuit-against-berkeley-police-celebrity-pathologist-disputes-cause-of-death; Maria Moore, presentation at Say Her Name panel, National Lawyers Guild Conference, Oakland, California, October 2016; Kimberly Veklerov, “Leaked Documents Shed New Light on Kayla Moore’s In-Custody Death,” Daily Californian, May 7, 2014; Berkeley Cop Watch, “People’s Investigation: In Custody Death of Kayla Moore,” October 2013, in author’s collection.

29. Moore, presentation; Veklerov, “Leaked Documents Shed New Light”; Berkeley Cop Watch, “People’s Investigation.”

30. See, for example, Veklerov, “Leaked Documents Shed New Light”; Toshio Meronek, “How Did Kayla Moore Die?” East Bay Express, March 4, 2013; Maria Moore, personal communications with the author.

31. Raguso, “City Seeks Rejection of Wrongful Death Lawsuit.”

32. “Did Michelle Cusseaux Have to Die?” Arizona Republic, editorial, August 22, 2014; “Police Killing of Michelle Cusseaux Raises Questions of Wrongful Death & Handling of Mentally Ill,” Democracy Now, May 20, 2015; Justin Sayers, “Phoenix Police Chief Agrees to Demote Sergeant in Michelle Cusseaux Killing,” Arizona Republic, October 30, 2015.

33. Complaint, Garrett v. Dupra et al., 15cv1309 (D. Ariz., July 14, 2015).

34. Ibid.; “Police Killing of Michelle Cusseaux.”

35. D. S. Woodfill, “Phoenix Police Introduce Mental-Health-Crisis Reforms,” Arizona Republic, October 22, 2014.

36. Sayers, “Phoenix Police Chief Agrees to Demote Sergeant”; Miriam Wasser, “Phoenix Cop Who Killed Michelle Cusseaux Violated Department Policy, PPD Board Rules,” Phoenix New Times, September 18, 2015.

37. Lauren Gold, “County Approves $1.8 Million Settlement in Shooting of Mentally Ill Rosemead Woman,” Pasadena Star News, February 18, 2014.

38. “Woman, 62, Accuses Cops of Roughing Her Up Outside Church,” CBS News, May 26, 2016.

39. K. Chandler, “Police Killings of Native Americans Is Out of Control,” Reverb Press, September 30, 2015; John Lurie, “Native Lives Matter: A Solution to Police Violence in Indian Country,” Twin Cities Daily Planet, January 14, 2015.

40. Lurie, “Native Lives Matter.”

41. Yihyun Jeong, “7 Facts to Know About the Winslow Shooting,” Arizona Republic, August 3, 2016; Dave Burke, “Bodycam Records the Moment Arizona Cop Shot a Native American Woman Dead as She Walked Towards Him with a Pair of Scissors,” Daily Mail, July 28, 2016; Mark Hodge, “Killed for Holding Scissors,” Sun, July 29, 2016.

42. Jeong, “7 Facts to Know”; Matt Agorist, “Disturbing Body Cam Shows Cop Execute Native American Woman for Holding Haircut Scissors,” freethoughtproject.com, July 28, 2016.

43. Yihyun Jeong, “Winslow Officer Who Fatally Shot Loreal Tsingine Resigns,” Arizona Republic, November 1, 2016.

44. Yihyun Jeong, “At Funeral, an Outpouring of Grief for Navajo Woman Killed by Winslow Police Officer,” Arizona Republic, April 7, 2016.

45. James Fisher, “Disabled Couple Sues Delaware State Police over Raid Tactics,” USA Today, September 29, 2015.

46. Complaint, Hayes vs. Popp et al., 15cv00872 (D. Del., September 28, 2015); Melissa Steele, “Rehoboth Couple Takes State Police to Court for Excessive Force,” Cape Gazette (Delaware), October 2, 2015.

47. Chris Halsne, “Police Use Taser on Deaf Crime Victim,” KIRO 7, August 5, 2012.

48. John Knicely, “Jury Agrees Deaf Woman’s Rights Violated, but Refuses Huge Payout,” KIRO 7, March 19, 2014.

49. Chapman, Carey, and Ben-Moshe, “Preface,” Ben-Moshe, Chapman, and Carey, Disability Incarcerated, x.

50. Perry and Carter-Long, “Ruderman White Paper.”

51. Ibid.

52. Ibid., 20–21.

53. Wesley Lowery, Kimberly Kindy, Keith L. Alexander, Julie Tate, Jennifer Jenkins, and Steven Rich, “Distraught People, Deadly Results,” Washington Post, June 30, 2015.

54. In conversation with the author.

55. RIPPD, Mental Illness Is Not a Crime in NYC, August 19, 2010, YouTube, https://youtu.be/sEHSu8T1FoE; Lisa Ortega, “RIPPD: Diverting People Away from the Criminal Justice System: Police Procedure When It Comes to Mental Illness Must Change,” New York City Voices, Spring 2006.

56. North Star Fund News, “Rights for Imprisoned People with Psychiatric Disabilities (RIPPD),” December 10, 2011, https://northstarfund.org/news/rights-for-imprisoned-people-with-psychiatric-disabilities-rippd#.dpuf; see also Rembis, “The New Asylums,” 151.

57. Fuller et al., Overlooked in the Undercounted, 1.

58. Described by Candice Bernd in Schenwar, Macaré, and Price, Who Do You Serve?

59. Ibid.

60. Ibid., 157.

61. Ibid., 158.

62. See, generally, Disability Incarcerated; Arkles, “Gun Control,” 888, 890.

CHAPTER 5: Police Sexual Violence

1. Black Women’s Blueprint and Yolande M. S. Tomlinson, PhD, Invisible Betrayal: Police Violence and the Rapes of Black Women in the United States (September 22, 2014), http://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/USA/INT_CAT_CSS_USA_18555_E.pdf.

2. Steven Yoder, “Cops Gone Wild,” American Prospect, March 28, 2013. See also 2006 and 2008 UN reports, in author’s collection.

3. Kirsten West Savali, “Dear President Obama, Mike Brown Is a ‘Slain American,’ Too,” Dame Magazine, http://www.damemagazine.com/2014/08/25/dear-president-obama-mike-brown-slain-american-too.

4. See, for example, Michelle Denise Jackson, “A Painful Silence: What Daniel Holtzclaw Teaches Us About Black Women in America,” For Harriet, http://www.forharriet.com/2014/09/a-painful-silence-what-daniel-holtzclaw.html#axzz4PuTQxkIq; Eesha Pandit, “America’s Disturbing Epidemic of Police Abuse Revealed: ‘When the Person Who Sexually Assaults You Is a Police Officer, Who Do You Call?,’” Salon, November 13, 2015, http://www.salon.com/2015/11/13/americas_disturbing_epidemic_of_police_abuse_revealed_when_the_person_who_sexually_assaults_you_is_a_police_officer_who_do_you_call/; Darnell Moore, “While We Focus on Shootings, We Ignore Victims of Police Sexual Assault,” Mic.com, April 23, 2015, https://mic.com/articles/116216/the-type-of-police-brutality-no-one-is-talking-about#.nooFJhym0. One notable exception was the NAACP, which called on the Department of Justice to press hate crime charges against Holtzclaw early on in the case. See Jessica Chasmar, “Oklahoma Cop Charged with Assaulting 8 Black Women; NAACP Seeks Hate Crime Charges,” Washington Times, August 31, 2014, http://www.washingtontimes.com/news/2014/aug/31/okla-cop-charged-raping-8-black-women-naacp-seeks-/.

5. Sarah Larimer, “‘I Was So Afraid’: Ex-Oklahoma City Cop’s Victims Speak Out After Rape Convictions,” Washington Post, December 11, 2015, https://www.washingtonpost.com/news/morning-mix/wp/2015/12/11/i-was-so-afraid-ex-oklahoma-city-cops-victims-speak-out-after-rape-convictions/.

6. Jessica Testa, “The 13 Women Who Accused a Cop of Sexual Assault, in Their Own Words,” Buzzfeed, December 9, 2015; see also Richard Eldredge, “Jannie Ligons, Who Helped Bring Former Police Officer Daniel Holtzclaw to Justice, Is Honored in Atlanta This Weekend,” Atlanta, April 1, 2016, http://www.atlantamagazine.com/news-culture-articles/jannie-ligons-helped-bring-former-police-officer-daniel-holtzclaw-justice-honored-atlanta-weekend/.

7. “When Cops Rape: Daniel Holtzclaw & the Vulnerability of Black Women to Police Abuse,” Democracy Now, December 15, 2015.

8. This account of the Holtzclaw rapes draws on Testa, “The 13 Women Who Accused a Cop of Sexual Assault.”

9. Anna Merlan, “Daniel Holtzclaw’s Defense Suggests Maybe His 13 Alleged Victims Are All Liars with an ‘Agenda,’” Jezebel, December 7, 2015, http://jezebel.com/being-publicly-or-privately-accused-of-lying-about-bein-1746826142; Molly Redden and Lauren Gambino, “Oklahoma Officer’s Trial Defense Attacks Credibility of Vulnerable Black Women,” Guardian, November 27, 2015, https://www.theguardian.com/us-news/2015/nov/27/oklahoma-officer-daniel-holtzclaw-trial-defense-attacks-credibility-of-vulnerable-black-women.

10. Sarah Larimer, “Disgraced Ex-Cop Daniel Holtzclaw Sentenced to 263 Years for On-Duty Rapes, Sexual Assaults,” Washington Post, January 22, 2016, https://www.washingtonpost.com/news/post-nation/wp/2016/01/21/disgraced-ex-officer-daniel-holtzclaw-to-be-sentenced-after-sex-crimes-conviction/.

11. Matt Sedensky and Nomaan Merchant, “Hundreds of Officers Lose Licenses over Sex Misconduct,” Associated Press, November 1, 2015, http://bigstory.ap.org/article/fd1d4d05e561462a85abe50e7eaed4ec/ap-hundreds-officers-lose-licenses-over-sex-misconduct.

12. R. L. Goldman and S. Puro, “Revocation of Police Officer Certification,” Saint Louis University Law Journal 45 (2001): 541, 563n142.

13. “Eugene, Oregon, Settles Two Suits with Women Abused by Cops,” Associated Press, August 12, 2005; C. Stephens, “Magana Verdict,” KVAL 13 News, June 30, 2004; “Trial Begins for Perverted Eugene Cop Roger Magana: Media Is Shut Out,” Portland Independent Media Center, June 4, 2004, http://www.publish.portland.indiymedia.org/en/2004/06/290053.shtml, accessed August 25, 2005; C. Stephens, “Victim Speaks Out About Perverted Eugene Cop,” KVAL 13 News, March 13, 2004; C. Stephens, “Magana Records Revealed,” KVAL 13 News, March 4, 2004; “Four More Women Accuse Eugene Officer of Abuse,” KATU 2 News, December 11, 2003.

14. US Department of Justice Civil Rights Division, Investigation of the Baltimore City Police Department, August 10, 2016, https://www.justice.gov/opa/file/883366/download.

15. Philip M. Stinson, John Liederbach, Steven L. Brewer, and Brooke E. Mathna, “Police Sexual Misconduct: A National Scale Study of Arrested Police Officers,” Criminal Justice Faculty Publications, paper 30, 2014, http://scholarworks.bgsu.edu/cgi/viewcontent.cgi?article=1029&context=crim_just_pub; Samuel Walker and Dawn Irlbeck, Driving While Female: A National Problem in Police Misconduct (Omaha: Police Professionalism Initiative, University of Nebraska at Omaha, March 2002), 3–4.

16. Matthew Spina, “When a Protector Becomes a Predator,” Buffalo News, November 22, 2015.

17. Philip Matthew Stinson, John Liederbach, Steven P. Lab, and Steven L. Brewer Jr., Police Integrity Lost: A Study of Law Enforcement Officers Arrested (Washington, DC: National Institutes of Justice, June 2016), 193, 104–5; see also Stinson et al., “Police Sexual Misconduct,” 16.

18. Stinson et al., Police Integrity Lost, 191.

19. Cato Institute, National Police Misconduct Reporting Project, 2010 Annual Report (Washington, DC: Cato Institute, 2010), http://www.policemisconduct.net/statistics/2010-annual-report.

20. See, for example, Allen Beck, Marcus Berzofsky, and Christopher Krebs, Sexual Victimization in Prisons and Jails Reported by Inmates, 2011–2012 (Washington, DC: US Department of Justice, May 2013), https://www.bjs.gov/content/pub/pdf/svpjri1112.pdf.

21. Anannya Bhattacharjee, “Private Fists and Public Force,” in Policing the National Body: Race, Gender and Criminalization, ed. Jael Silliman and Anannya Bhattacharjee (Boston: South End Press, 2002), 22.

22. Norm Stamper, Breaking Rank: A Top Cop’s Exposé of the Dark Side of American Policing (New York: Nation Books, 2005), 123.

23. See Jennifer L. Truman and Michael Planty, Criminal Victimization, NCJ 239437 (Washington, DC: Bureau of Justice Statistics, October 2012); Callie Marie Rennison, Rape and Sexual Assault: Reporting to Police and Medical Attention, 1992–2000, NCJ 194530 (Washington, DC: Bureau of Justice Statistics, August 2002), reports that 74 percent of completed and attempted sexual assaults against women were not reported to the police.

24. See Peter B. Kraska and Victor E. Kappeler, “To Serve and Pursue: Exploring Police Sexual Violence Against Women,” Justice Quarterly 12, no. 1 (1995): 85, 92.

25. Craig R. McCoy and Nancy Phillips, “Extorting Sex with a Badge,” Philadelphia Inquirer, August 13, 2006, http://www.philly.com/philly/news/special_packages/inquirer/Extorting_sex_with_a_badge.html.

26. Cara E. Rabe-Hemp and Jeremy Braithwaite, “An Exploration of Recidivism and the Officer Shuffle in Police Sexual Violence,” Police Quarterly 16, no. 2 (2012): 127–47, 129, 132.

27. Ibid., 85, 97.

28. Many have criticized this term as downplaying police rape and sexual assault, and the accompanying violence or threat of violence. Here it is included only where used by researchers.

29. “Voyeuristic actions” can include a number of violations, such as officers looking into homes without legal justification, or inappropriately taking or viewing sexually explicit videos. See International Association of Chiefs of Police, Addressing Sexual Offenses and Misconduct by Law Enforcement: Executive Guide (Alexandria, VA: 2011), 3; Kraska and Kappeler, “To Serve and Pursue,” 85, 98–99.

30. International Association of Chiefs of Police, Addressing Sexual Offenses and Misconduct by Law Enforcement, 3–4.

31. Stinson, Liederbach, Lab, and Brewer, Police Integrity Lost; Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 130; Stinson et al., “Police Sexual Misconduct”; Kraska and Kappeler, “To Serve and Pursue,” 85, 98.

32. Kraska and Kappeler, “To Serve and Pursue,” 85, 103.

33. Ibid., 35, 190; Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 130–31; Stinson et al., “Police Sexual Misconduct,” 2; Kraska and Kappeler, “To Serve and Pursue,” 85, 89, 107.

34. A. Pittman, “Cop Crisis,” Eugene Weekly, March 17, 2005. Similar conclusions were reached in connection with a rash of sexual assaults in the context of late-night traffic stops in Nassau and Suffolk Counties, New York, which came to light in 2001. See Shelly Feuer Domash, “A Few Bad Cops, or a Problem with the System,” New York Times, February 11, 2001.

35. Steven Yoder, “Officers Who Rape: The Police Brutality Chiefs Ignore,” Al-Jazeera America, January 19, 2016.

36. Spina, “When a Protector Becomes a Predator”; Philip M. Stinson, Zachary J. Calogeras, Natalie L. DiChiro, and Ryan K. Hunter, California Police Sexual Misconduct Arrest Cases, 2005–2011, Criminal Justice Faculty Publications no. 59 (2015), http://scholarworks.bgsu.edu/crim_just_pub/59; Linda B. Cottler et al., “Breaking the Blue Wall of Silence: Risk Factors for Experiencing Police Sexual Misconduct Among Female Offenders,” American Journal of Public Health 104, no. 2 (2014): 338–44; Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 131, 132; Stinson et al., “Police Sexual Misconduct,”15; International Association of Chiefs of Police, Addressing Sexual Offenses and Misconduct by Law Enforcement; Sarah Eschholz and Michael S. Vaughn, “Police Sexual Violence and Rape Myths: Civil Liability Under Section 1983,” Journal of Criminal Justice 29 (2001): 389–405. In a recent series of cases case involving Los Angeles police officers, civil complaints alleged: “The officers’ modus operandi in each case was the same: find a vulnerable victim (usually a drug user), earn her trust, and then threaten her with arrest. Then, using the LAPD’s vehicle and acting under color of authority, drive her to a secluded place and force her to perform a sexual act on one of the officers” (Matt Reynolds, “LA Settles Civil Case Against Officers Accused of Rape,” Courthouse News Service, April 20, 2016, http://www.courthousenews.com/2016/04/20/la-settles-civil-case-against-officers-accused-of-rape).

37. Kraska and Kappeler, “To Serve and Pursue,” 85, 104; Stinson et al., “Police Sexual Misconduct.”

38. Michelle Fine et al., “Anything Can Happen with Police Around: Urban Youth Evaluate Strategies of Surveillance in Public Spaces,” Journal of Social Issues 59, no. 1 (2003): 141–58, 151.

39. See Stinson et al., California Police Sexual Misconduct Arrest Cases, 9; Philip M. Stinson et al., “Police Sexual Misconduct”; Samuel Walker and Dawn Irlbeck, Police Sexual Abuse of Teenage Girls: A 2003 Update on “Driving While Female” (Omaha: Police Professionalism Initiative, University of Nebraska at Omaha, June 2003), 3; and Kraska and Kappeler, “To Serve and Pursue,” 104.

40. Stinson et al., “Police Sexual Misconduct”; Walker and Irlbeck, Police Sexual Abuse of Teenage Girls, 2; Kraska and Kappeler, “To Serve and Pursue,” 102, 103.

41. Spina, “When a Protector Becomes a Predator.”

42. Walker and Irlbeck, Police Sexual Abuse of Teenage Girls.

43. Walker and Irlbeck, Driving While Female, 4.

44. Ibid.; “Driving While Female Report Launches UNO Police Professionalism Program,” press release, University of Nebraska at Omaha, May 29, 2002, http://www.unomaha.edu/uac/releases/2002may29ppi.html.

45. Walker and Irlbeck, Driving While Female, 3.

46. Susan Montoya Brian, “$3M Settlement Reached in Police Sexual Assault Case,” Associated Press, March 23, 2016.

47. Luibhéid, Entry Denied, 118, 120, 121; See Coalición de Derechos Humanos/Alianza Indigena Sin Fronteras, “Violence on the Border,” press release, February 25, 2004; Justice on the Line: The Unequal Impacts of Border Enforcement in Arizona Border Communities, Border Action Network, on file with author; In Our Own Backyard: A Community Report on Human Rights Abuses in Texas’s Rio Grande Valley (Valley Movement for Human Rights, 2004); Bhattacharjee, “Private Fists and Public Force,” 23; Human Rights Watch/Americas, Crossing the Line: Human Rights Abuses Along the U.S. Border with Mexico Persist Amid Climate of Impunity, report 7, no. 4 (April 1995).

48. Dilanian, “Border Patrol Is Grappling with Misconduct Cases in Its Ranks”; see also Luibhéid, Entry Denied, 122-33; Julie Light, “Rape on the Border, Baiting Immigrants, Border Patrol Abuses, Anti-Immigrant Politics,” Progressive, September 1996; Human Rights Watch, Brutality Unchecked: Human Rights Abuses Along the U.S. Border with Mexico (1992), 14.

49. Mark Karlin, “US Border Patrol Agent Sexually Assaults Undocumented Mother and Two Daughters: Who Are the Criminals?,” TruthOut, March 19, 2014.

50. Nina Bernstein, “An Agent, a Green Card, and a Demand for Sex,” New York Times, March 21, 2008.

51. Andrea Nill Sanchez, “Police Officer Found Guilty of Raping Undocumented Immigrant at Gunpoint Under Threat of Deportation,” ThinkProgress, March 11, 2011.

52. Robert Lopez, “Former Anaheim Police Officer Convicted of Victimizing Women,” Los Angeles Times, May 17, 2010, http://latimesblogs.latimes.com/lanow/2010/05/anaheim-sex-case-.html.

53. Frank H. Galvan and Mohsen Bazargen, Interactions of Latina Transgender Women with Law Enforcement (Los Angeles: Bienestar, 2012), http://williamsinstitute.law.ucla.edu/wp-content/uploads/Galvan-Bazargan-Interactions-April-2012.pdf.

54. Luibhéid, Entry Denied, 128.

55. Ibid., 128–30.

56. Ibid.

57. Joe Merusak, “Iredell Sheriff, Former Officer Settle Sexual Harassment Suit,” Charlotte Observer, August 28, 2014.

58. Keri Blakinger, “Woman Sues After Upstate N.Y. Cop Avoids Rape Charges, Says She Was Forced into Having Sex,” New York Daily News, May 16, 2016, http://www.nydailynews.com/new-york/woman-sues-upstate-n-y-avoids-rape-charges-article-1.2637913; Keri Blakinger and Reuven Blau, “Two More Women Claim They Were Sexually Abused by Former Syracuse Cop Who Was Fired After Complaints from Other Victims,” New York Daily News, August 9, 2016, http://www.nydailynews.com/new-york/women-claim-syracuse-sexually-abused-artide-1.2743535.

59. Blakinger, “Woman Sues”; Blakinger and Blau, “Two More Women.”

60. Blakinger and Blau, “Two More Women.”

61. Ibid.

62. Ibid.

63. Ibid.

64. Testimony of Andrea Ritchie before the US Prison Rape Elimination Commission, March 26, 2007, citing U.S. v. Guidry, 456 F.3d 493, 496–97 (5th Cir. 2006); see also Eschholz and Vaughn, “Police Sexual Violence and Rape Myths,” 396–98.

65. Kraska and Kappeler, “To Serve and Pursue,” 85, 104.

66. “Settlement in Kim Nguyen Case,” Korea Town News, November 2, 2016, http://koreatownlanews.com/settlement-in-kim-nguyen-case/#more-1099; “Woman Caught on Camera Tumbling out of Police Car Says She Was Being Sexually Assaulted,” CBS Los Angeles, January 9, 2014, http://losangeles.cbslocal.com/2014/01/09/woman-caught-on-camera-tumbling-out-of-police-car-says-she-was-being-sexually-assaulted/; Joel Rubin, “Handcuffed Woman Falls from Moving LAPD Patrol Car Video Indicates,” Los Angeles Times, September 2, 2013, http://articles.latimes.com/2013/sep/02/local/la-me-ln-handcuffed-woman-falls-lapd-patrol-car-20130902; “Girl Dumped on Street from Moving Squad Car After Cop Sexually Assaults Her: Lawsuit,” Filming Cops, http://filmingcops.com/girl-dumped-on-street-from-moving-squad-car-after-cop-sexually-assaults-her-lawsuit/.

67. See Amnesty International, Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay, Bisexual and Transgender People in the U.S. (New York: Amnesty International, September 21, 2005), 40.

68. Stinson et al., “Police Sexual Misconduct.”

69. BreakOUT!, We Deserve Better!, 2014, http://www.youthbreakout.org/sites/g/files/g189161/f/201410/WE%20DESERVE%20BETTER%20REPORT.pdf.

70. Ibid., 15.

71. Brandon Lowry, “El Monte Police Officer Accused of Raping Transgender Woman,” NBC4 News, Los Angeles, October 25, 2013, http://www.nbclosangeles.com/news/local/El-Monte-Police-Officer-Accused-of-Raping-Transgender-Woman-229229431.html; Richard Winton, “El Monte Police Officer Suspected in Sexual Assault of Transsexual,” Los Angeles Times, October 25, 2013, http://articles.latimes.com/2013/oct/25/local/la-me-1025-sex-assault-20131025; “Transgender Woman Claims She Was Raped By Police Officer,” Huffington Post, October 29, 2013, http://www.huffingtonpost.com/2013/10/29/transgender-woman-rape-police_n_4174379.html.

72. INCITE!, Organizer’s Tool Kit on Law Enforcement Violence, 45.

73. Amnesty International, Stonewalled, 41.

74. Gaurav Jashnani et al., “‘From the time I leave my house, I’m under the gun’: Trauma, Public Space and Order Maintenance Policing in New York City,” 2017, forthcoming article, in author’s collection.

75. Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 142; Tori Marlan, “Armed and Dangerous,” Chicago Reader, August 31, 2001.

76. Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 136.

77. Ibid., 127–47, 128, 129, 138, 140; “Betrayed by the Badge,” Newsweek, June 17, 2001.

78. Kraska and Kappeler, “To Serve and Pursue,” 99.

79. Mary Beth G. v. City of Chicago, 723 F. 2d 1263, 1272 (7th Cir. 1983).

80. I first heard this term used to describe strip searches by Beverly Bain, a long-time mentor and antiviolence activist, now a professor at University of Toronto, in the context of the audit of the Toronto Police Service’s response to sexual assault, for which she served as a special advisor. See also Andrea J. Ritchie, Deputation to Toronto Police Services Board Re: Draft Discussion Paper—“Search of Persons,” December 15, 1998 (arguing that police searches meet legal definitions of sexual assault), in author’s collection.

81. See also Arkles, “Regulating Prison Sexual Violence,” 71–130.

82. Kraska and Kappeler, “To Serve and Pursue,” 85, 101.

83. David Lohr, “Woman Says Gas Station Strip Search Was Like Sexual Assault,” Huffington Post, August 10, 2015, http://www.huffingtonpost.com/entry/texas-strip-search-public_us_55c8f940e4b0923c12bdb903, Michael Zennie and Alex Greig, “Two Women Suing Police After They Were Subjected to Humiliating Roadside Cavity Search,” Daily Mail (UK), July 5, 2013.

84. Minutes of March 21, 2006, meeting of the Maine Indian Tribal-State Commission, http://www.mitsc.org/meeting.php?do=viewMinutes&id=201.

85. Rodriques v. Furtado, 575 F. Suppl. 1439 (D. Mass 1991), cited in Kraska and Kappeler, “To Serve and Pursue,” 85, 100, 101.

86. Bonds v. Utreas, 04 C 2617 (N.D. Ill. Judge Joan Lefkow).

87. Darnell Moore, “While We Focus on Shootings, We Ignore Victims of Police Sexual Assault,” Identities.Mic, https://mic.com/articles/116216/the-type-of-police-brutality-no-one-is-talking-about#.nooFJhym0.

88. Kraska and Kappeler, “To Serve and Pursue,” 85, 97.

89. Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 141; Andrea Ritchie testimony to Civilian Complaint Review Board, “Sexual Violence by Law Enforcement: The Case for CCRB Exercise of Jurisdiction over Complaints and Investigations,” October 12, 2016, on file with author.

90. Testimony of Andrea J. Ritchie, director, Sex Workers Project at the Urban Justice Center Before the Committee on Public Safety of the Council of the City of New York, January 29, 2009, in author’s collection; see also Spina, “When a Protector Becomes a Predator”; Stinson et al., “Police Sexual Misconduct,” 2, 29; Walker and Irlbeck, “Police Sexual Abuse of Teenage Girls,” 3; Walker and Irlbeck, Driving While Female, 6.

91. See, for example, M. Weiss, “Crooked-Cop Cases Surge,” New York Post, October 22, 2007.

92. Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 141; Stinson et al., “Police Sexual Misconduct,” 28; Kimberly Lonsway, “Preventing and Responding to Police Sexual Misconduct,” Law and Order 52, no. 8 (August 2004): 82, 84–86, 88–90; Walker and Irlbeck, Police Sexual Abuse of Teenage Girls, 5; Walker and Irlbeck, Driving While Female, 3–4.

93. Candice Bernd, “Police Ignore Rampant Sexual Assault by Officers,” TruthOut, July 2, 2014; Yoder, “Cops Gone Wild”; Rabe-Hemp and Braithwaite, “An Exploration of Recidivism,” 142.

94. Andrea J. Ritchie and Delores Jones-Brown, “Policing Race, Gender and Sex: A Review of Law Enforcement Policies,” Women and Criminal Justice 27, no. 1 (2017), dx.doi.org/10.1080/08974454.2016.1259599.

95. Steven Yoder, “Officers Who Rape: The Police Brutality Chiefs Ignore,” Al-Jazeera America, January 19, 2016; see also Yoder, “Cops Gone Wild.”

96. Yoder, “Officers Who Rape”; Yoder, “Cops Gone Wild.”

97. Yoder, “Cops Gone Wild.”

98. President’s Task Force on 21st-Century Policing, Final Report of the President’s Task Force on 21st-Century Policing (Washington, DC: Office of Community Oriented Policing Services, 2015); James E. Copple and Patricia M. Dunn, Gender, Sexuality, and 21st-Century Policing: Protecting the Rights of the LGBTQ+ Community (Washington, DC: Office of Community Oriented Policing Services, 2017).

99. “Group Gathers in Protest of Accused Oklahoma City Officer Daniel Holtzclaw,” Oklahoman, October 2, 2014.

100. Ebony Dallas, “OKC Artists for Justice Founders See Activism as Extension of Creativity,” Oklahoman, December 2, 2015.

101. Black Women’s Blueprint, “Call to Action: Visioning Justice in the Storm of Holtzclaw and Cosby,” January 7, 2016, in author’s collection.

CHAPTER 6: Policing Gender Lines

1. See, for example, Louise Westmarland, Gender and Policing: Sex, Power and Police Culture (Portland, OR: Willan Publishing, 2001); National Center for Women and Policing, http://www.womenandpolicing.org.

2. The term “gender binary” refers to the complex interplay of cultural and institutional ideas and practices that divide people into two rigidly defined genders, male and female. As Gabriel Arkles notes, there is a general assumption that all people are one of only two genders—male or female—and that these gender categories are natural, stable, distinct, and meaningful. This assumption leads to many more. For example, if an infant’s genitals are interpreted as female, a range of expectations and interpretations follow about other physical characteristics as well as identity, behaviors, strengths, mannerisms, personality traits, choice of clothing, appearance, and sexual and romantic attractions. Gender divisions, identities, expressions, and roles, as well as gender-based hierarchies in distribution of power, violence, and wealth, are seen as the natural and politically neutral product of biological and social processes. However, the social construction of gender and the imposition of a binary gender system go beyond serving as neutral methods of social classification and organization to act as pillars of hierarchical power relations that must be defended as such. Within this construct, people who live in a manner deemed consistent with the gender they were assigned at birth are deemed to be “cisgender,” and those who express and live in a manner deemed inconsistent with the gender they were assigned at birth are deemed “transgender.” See also Dean Spade, Normal Life: Critical Trans Politics (Boston: South End Press, 2011); L’lerrét Jazelle Ailith, in “When Transness Is an Illusion,” L’lerrét, January 30, 2016, http://www.llerret.com/when-transness-is-an-illusion/, urges wholesale abandonment of gender as a category and challenges conceptions of what it means to be cisgender: “Transness as radical thought requires us to realize that conceptualizations of what embodies cisness and transness are predicated on white narratives and logic. And furthermore, it requires us to rid ourselves of this lie that cisness (especially for black and brown people) has ever existed!”

3. Young and Spencer, “Multiple Jeopardy,” 74.

4. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 3.

5. Gary Bowen, “Living Our True Spirit: An Entire Rainbow of Possibilities” in Trans Liberation: Beyond Pink or Blue, ed. Leslie Feinberg (Boston: Beacon Press, 1998), 63, 64. Bowen also discusses white trans people misappropriating parts of Native culture.

6. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 64–65.

7. I. Bennett Capers, “Cross Dressing and the Criminal,” Yale Journal of Law and the Humanities 20, no. 1 (2008): 8–9; see also Katherine M. Franke, “The Central Mistake of Sex Discrimination Law: The Disaggregation of Sex from Gender,” University of Pennsylvania Law Review 144, no. 1 (1995): 58.

8. Sears, Arresting Dress, quotes here and below from 60, 62, 65, and 80.

9. Ibid., 81; depositions taken in Tikkun v. City of New York, in author’s collection.

10. Sears, Arresting Dress, 86.

11. Ibid., 5, 81, 139.

12. Ibid., 80–81, 94, 140. “According to arrest records, city police made ninety-nine cross-dressing arrests between 1863 and 1900, and local newspapers reported on forty-seven of these; all but one involved a person presumed to be white” (93).

13. Sears, Arresting Dress, 87, 90.

14. Ibid. Although the grounds for her deportation are unknown, Sears speculates that she could have been deemed to be suffering from “constitutional psychopathic inferiority,” to be a “sexual pervert” “in constant conflict with social customs and constituted authorities,” or suffering from “moral turpitude.” Alternately, she may have been deemed to be “likely to become a public charge” because her gender deviance would lead to either unemployment or incarceration, both of which would render her dependent on the state (137–38).

15. Ibid., 95.

16. Jonathan Ned Katz, “Coming to Terms: Conceptualizing Men’s Erotic and Affectional Relations with Men in the United States, 1820–1892,” in A Queer World: The Center for Gay and Lesbian Studies Reader, ed. Martin Duberman (New York: New York University Press, 1997), 230.

17. Susan M. Schweik, The Ugly Laws: Disability in Public (New York: New York University Press, 2009), 163.

18. This term was used to describe people who had been assigned female identities at birth but successfully lived as men. It is unclear how Babe would have described Babe’s own gender identity. All we know is that Babe lived as a man for much of Babe’s life. Susan Stryker and Stephen Whittle, The Transgender Studies Reader (New York: Routledge, 2006), 423.

19. Sears, Arresting Dress, 122, 123.

20. Ibid.

21. Ibid., 87, 95, 122, 123, 141; see also Nayan Shah, Stranger Intimacy: Contesting Race, Sexuality and the Law in the North American West (Berkeley: University of California Press, 2011), 40–42, with respect to gender indeterminacy among South Asian immigrants.

22. Mogul, Ritchie, and Whitlock, Queer (In)Justice. Leslie Feinberg, in Trans Liberation, states, “I have been locked up in jail by cops because I was wearing a suit and tie. . . . The reality of why I was arrested was as cold as the cell’s cement floor: I am considered a masculine female. That’s a gender violation” (11).

23. Elizabeth Lapovsky Kennedy and Madeline Davis, “‘They Was No One to Mess With’: The Construction of the Butch Role in the Lesbian Community of the 1940s and 1950s,” in The Persistent Desire: A Femme-Butch Reader, ed. Joan Nestle (Boston: Alyson Publications, 1992), 62, 69.

24. Audre Lorde, Zami: A New Spelling of My Name; a Biomythography (Berkeley, CA: Crossing Press, 1982), 187.

25. Feinberg, Trans Liberation: “My feminine drag queen sisters were in nearby cells, busted for wearing ‘women’s’ clothing” (11).

26. Rey “Sylvia Lee” Rivera, “The Drag Queen,” in Making History: The Struggle for Gay and Lesbian Equal Rights, ed. Eric Marcus (New York: HarperCollins, 1992), 189–90.

27. John D’Emilio, “History: Risky Business,” Windy City News, September 10, 2008, http://windycitymediagroup.com/gay/lesbian/news/ARTICLE.php?AID=19336.

28. Kara Fox, “Maryland Lesbian Alleges Metro Police Abuse in Arrest,” Washington Blade, April 26, 2002.

29. Personal communication, February 2004.

30. Sears writes, “Within nineteenth-century municipal codebooks, for example, cross-dressing, prostitute, and disabled bodies appeared alongside one another as (il)legal equivalents in public space, through general orders that banned the public appearance of a person wearing ‘a dress not belonging to his or her sex,’ in ‘a state of nudity,’ or ‘deformed so as to be an unsightly or disgusting object’” (Arresting Dress, 2, 11). Sears also documents non-trans women’s practice of cross-dressing in men’s clothes to signal availability to trade sex, indicating transgressive sexuality through clothing transgressions (38, 42–43). Perceptions of Chinese women’s attire as “masculine” no doubt contributed to the perception that they were engaged in prostitution (38).

31. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 67; Gwen Smith, “Transsexual Terrorism,” Washington Blade, October 3, 2003; see also Elaine Craig, “Transphobia and the Relational Production of Gender,” Hastings Women’s Law Journal 18, no. 137 (2007): 162.

32. Joanne Meyerowitz, How Sex Changed: A History of Transsexuality in the United States (Cambridge, MA: Harvard University Press, 2002), 87.

33. Meagan Taylor, “I Was Arrested Just for Being Who I Am,” Speak Freely blog, ACLU website, November 10, 2015, https://www.aclu.org/blog/speak-freely/i-was-arrested-just-being-who-i-am.

34. See, for example, State v. Taylor, 122 Idaho 218, 220, 832 P.2d 1153, 1155 (Idaho Ct. App. 1992); People v. Martinez, 88 Cal. App. 4th 465, 486, 105 Cal. Rptr. 2d 841, 855 (Cal. Ct. App. 2001).

35. People v. Lomiller, 30 A.D.3d 276, 818 N.Y.S.2d 27 (N.Y. App. Div. 2006).

36. Sex-segregated facilities are physical spaces that are explicitly designated for members of only one gender and where people of another gender are not permitted. Many of these facilities—such as drug treatment programs, prisons, jails, hospitals, group homes, domestic violence shelters, and homeless shelters—disproportionately regulate the lives of low-income people, people of color, people with disabilities, women, and trans people.

37. Mandy Carter, “Southerners on New Ground,” in What Lies Beneath: Katrina, Race, and the State of the Nation, ed. South End Press Collective (Cambridge, MA: South End Press, 2007).

38. North Carolina General Assembly, House Bill 2 (“An act to provide for singlesex multiple occupancy bathroom and changing facilities in schools and public agencies and to create statewide consistency in regulation of employment and public accommodations”), March 23, 2016; Katy Steinmetz, “Lawmakers in 6 More States Are Pursuing ‘Bathroom Bills,’” Time.com, January 5, 2017; Anna Douglas and Bristow Marchant, “NC’s HB2 Law Inspires Others to Copy It Despite Tough Federal Stand,” McClatchy DC, May 13, 2016, http://www.mcclatchydc.com/news/politics-government/article77505747.html; Mogul, Ritchie, and Whitlock, Queer (In)Justice, 66; Amnesty International, Stonewalled, 20; San Francisco Human Rights Commission, “Gender Neutral Bathroom Survey,” Transgender Law Center, Summer 2001, cites instances of arrest and fear of arrest by private security and police for using the “wrong” restroom. HB2 prohibits municipalities from legislating access to restrooms according to gender identity. See Southerners on New Ground, “Unpacking HB2: What Happened in North Carolina?,” http://southernersonnewground.org/wp-content/uploads/2016/04/SONG_FINALHB2flyer_BW.pdf; “The Fix That’s a Farce: HB2 Is Still a Threat,” June 30, 2016, http://southernersonnewground.org/2016/06/hb2farce.

39. Huda Jadallah, “Reflections of a Genderqueer Palestinian American Lesbian Mother,” in Arab and Arab American Feminisms: Gender, Violence and Belonging, ed. Rabab Abdulhadi, Evelyn Alsultany, and Nadine Naber (Syracuse, NY: Syracuse University Press, 2011), 276.

40. Amnesty International, Stonewalled, 20.

41. Leslie Pearlman, “Transsexualism as Metaphor: The Collision of Sex and Gender,” Buffalo Law Review 43 (1995): 835, 844; Marjorie Garber, Vested Interests: Cross-Dressing and Cultural Anxiety (New York: HarperPerennial, 1992), 13.

42. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 67; INCITE!, Organizer’s Tool Kit on Law Enforcement Violence, 19.

43. Ritchie, “Law Enforcement Violence,” 143.

44. Galbreath v. City of Oklahoma, 568 F. App’x 534 (10th Cir. 2014); “Man Wearing High Heels, Giving Children Candy Arrested for Disorderly Conduct,” News 9, June 9, 2010, http://www.news9.com/story/12622217/man-wearing-high-heels-giving-children-candy-arrested-for-disorderly-conduct.

45. Opinion, Galbreath v. City of Oklahoma City, 15cv6044 (10th Cir., Dec. 4, 2015).

46. Spade, Normal Life, 12, 137–69.

47. Ibid., 137–69; Amnesty International, Stonewalled, 18.

48. Hiibel v. Sixth Judicial Dist. Court of Nevada, Humboldt County, 542 U.S. 177, 124 S. Ct. 2451 (2004) upholds the law making it a crime not to identify oneself to a police officer when questioned.

49. See Spade, Normal Life, 150.

50. Spade, Normal Life, 11; Amnesty International, Stonewalled, 38–39, 43; see also Angela Irvine and BreakOUT! Members and Staff, “You Can’t Run from the Police: Developing a Feminist Criminology That Incorporates Black Transgender Women,” Southwestern Law Review 44 (2015): 101–9.

51. Ritchie, “Law Enforcement Violence,” 142. Almost every time I’ve repeated this phrase during a workshop or presentation, I’ve observed at least one masculine-of-center Black woman in the room nod emphatically.

52. New York City Civilian Complaint Review Board, Pride, Prejudice and Policing: An Evaluation of LGBTQ-Related Complaints from January 2010 through December 2015 (2016), 50.

53. The Report of the 2015 US Transgender Survey (Washington, DC: National Center for Transgender Equality, 2016), 12, 187–88 (hereafter the 2015 US Transgender Survey).

54. M. S. Frazer and E. E. Howe, Transgender Health and Economic Insecurity: A Report from the 2015 LGBT Health and Human Services Needs Assessment Survey, Empire State Pride Agenda (2015), www.prideagenda.org/lgbtdata; Make the Road New York, Transgressive Policing: Police Abuse of LGBTQ Communities in Jackson Heights (October 2012), 5; Galvan and Bazargen, Interactions of Latina Transgender Women with Law Enforcement, 6; Human Rights Watch, In Harm’s Way: State Response to Sex Workers, Drug Users, and HIV in New Orleans (December 2013); Human Rights Watch, Sex Workers at Risk: Condoms as Evidence of Prostitution in Four U.S. Cities (2012), http://www.hrw.org/sites/default/files/reports/us0712ForUpload_1.pdf.

55. Frazer and Howe, Transgender Health and Economic Insecurity; Make the Road New York, Transgressive Policing, 5; Galvan and Mohsen, Interactions of Latina Transgender Women, 6.

56. Elijah Adiv Edelman et al., Access Denied: Washington, DC, Trans Needs Assessment Report (Washington, DC: DC Trans Coalition, 2015), https://dctranscoalition.files.wordpress.com/2015/11/dctc-access-denied-final.pdf; Jaime M. Grant, Lisa A. Mottet, and Justin Tanis, Injustice at Every Turn: A Report of the National Transgender Discrimination Survey (Washington, DC: National Center for Transgender Equality/National Gay and Lesbian Task Force, 2011), http://www.thetaskforce.org/static_html/downloads/reports/reports/ntds_full.pdf.

57. Make the Road New York, Transgressive Policing, 19.

58. Human Rights Watch, Sex Workers at Risk, 24.

59. FIERCE Cop Watch video.

60. See Adkins v. City of New York, 143 F. Supp. 3d 134 (S.D.N.Y. 2015).

61. Welfare Warriors Research Collaborative, A Fabulous Attitude: Surviving and Thriving in New York City (New York: Queers for Economic Justice, 2010), 39.

62. Audre Lorde Project website, Safe OUTside the System: The SOS Collective, http://alp.org/community/sos.

63. Other members of the Coalition Against Police Brutality (CAPB) included the Justice Committee, the Malcolm X Grassroots Movement, CAAAV: Organizing Asian Communities, and Sista II Sista; see http://caaav.org/coalition-against-police-brutality.

64. Personal communication, September 15, 2008; Amnesty International, Stonewalled, 45; Lamot v. City of New York, No. 1:99-CV-11540 (S.D.N.Y. Nov. 23, 1999).

65. Sears, Arresting Dress, 75, 91.

66. Gore, Jones, and Kang, “Organizing at the Intersections,” 267.

67. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 147.

68. San Francisco Police Department Bulletin, Rules of General Conduct, 03-241 (2003); San Francisco Police Department Bulletin, Standards for Interactions with Transgender Communities, 03-243 (2003).

69. Washington, DC, Metropolitan Police Department, General Order 501-02, “Handling Interactions with Transgender Individuals,” 2005.

70. Nicole Pasulka, “The Woman Who Helped Change How Police Treat Transgender People,” Buzzfeed, July 10, 2014.

71. Amnesty International, Stonewalled, 54.

72. See New York City Young Women’s Initiative, Report and Recommendations (May 2016), http://www.shewillbe.nyc/YWI-Report-and-Recommendations.pdf; Communities United for Police Reform, Priorities for the New NYPD Inspector General: Promoting Safety, Dignity and Rights for All New Yorkers (2014), http://changethenypd.org/resources/priorities-new-nypd-inspector-general-promoting-safety-dignity-and-rights-all-new-yorkers. For more information on the campaign and organizations involved, please see BreakOUT! and Streetwise and Safe, Get Yr Rights: A Toolkit for LGBTQS Youth and LGBTQS Youth-Serving Organizations (2015), http://getyrrights.org/wp-content/uploads/2015/02/GYR-Toolkit-FINAL-02-05-2015.pdf.

73. BreakOUT! and Streetwise and Safe, Get Yr Rights.

74. See Spade, Normal Life, 123–24, 139.

CHAPTER 7: Policing Sex

1. Ritchie, “Law Enforcement Violence,” 142, 143.

2. Mogul, Ritchie, and Whitlock, Queer (In)Justice.

3. The term “prostitution,” rather than “sex work,” is used in this chapter because it is the legal term for the offense most commonly used to criminalize people who are or are believed to be trading sex for money or something of value. The term “sex work” denotes a broader range of conduct, encompassing both legal and criminalized forms of sexual labor, including erotic dancing and massage, as well as commercial phone sex, bondage, domination, and submission. Additionally, while advanced as a term intended to recognize people in the sex trades as laborers entitled to workers’ rights, it is not one that all people engaged in sexual exchange identify with. Accordingly, the terms “people in the sex trades” or “people who trade sex” are used to describe people who are involved in sexual exchange, whether by choice, circumstance, or coercion. The term “prostitute” is generally experienced as a slur, defining people with full identities as mothers, daughters, sisters, artists, students, etc. solely based on an act they are alleged to have committed. Accordingly, when used here it is placed in quotation marks.

4. Cynthia M. Blair, I’ve Got to Make My Livin’: Black Women’s Sex Work in Turn-of-the-Century Chicago (Chicago: University of Chicago Press, 2010), offers a welcome and refreshingly complex framing of Black women’s involvement in the sex trades, which both takes into account “the communal memory of sexual abuse and the continuing centrality of facts of sexual violation to the structure of racial inequality” (6–7) and the reality that sex work offers Black women opportunities for economic self-reliance, avoidance of the predations and penury of domestic service, and escape from “the strictures of family and community,” while simultaneously exposing women to violence, including police violence (10–12, 24, 25, 228).

5. Jessica R. Pliley, Policing Sexuality: The Mann Act and the Making of the FBI (Cambridge, MA: Harvard University Press, 2014), 17.

6. Shah, Stranger, 40–42, 222–23, 224, 225, 230.

7. Sears, Arresting Dress, 45.

8. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 51, 62; Ritchie, “Law Enforcement Violence,” 144.

9. Sears, Arresting Dress, 41, 42.

10. Ibid., 67–69.

11. Ibid., 71.

12. Ibid., 70–71; see also Boyd, Wide Open Town, 42.

13. Sears, Arresting Dress, 45, 46; see also Boyd, Wide Open Town, 42.

14. Sears, Arresting Dress, 50, 51.

15. Blair, I’ve Got to Make My Livin’, quotes here and below from 73, 78, 88, 89, 93, 94–95, 95–96, 97, 102, 103–4, 106, 127, 129, 163, 179, 184, 190, 214–15, 219, 221, 223, and 228.

16. Human Rights Watch, Sex Workers at Risk, 17.

17. Boyd, Wide Open Town, 216–18.

18. Ibid., 86.

19. Ibid., 213–14.

20. Nestle, “Lesbians and Prostitutes,” 157; see also Sears, Arresting Dress. Boyd, Wide Open Town, notes the pseudo-scientific examination of both lesbian and sex-worker bodies for signs of sexual degeneracy, pervasive presence of lesbians in the sex trade in popular media, and shared experiences and strategies of resistance to police harassment (84, 85, 87, 89, 90, 137); Mindy Chateauvert, Sex Workers Unite! A History of the Movement from Stonewall to Slutwalk (Boston: Beacon Press, 2013), 8.

21. See Celia Williamson et al., “Police-Prostitute Interactions,” Journal of Progressive Human Services 18, no. 2 (2007): 16–17.

22. Chateauvert, Sex Workers Unite!, 174.

23. 2015 US Transgender Survey, 12, 187.

24. Human Rights Watch, Sex Workers at Risk, 50.

25. Meredith Dank et al., Locked In: Interactions with the Criminal Justice and Child Welfare Systems for LGBTQ Youth, YMSM, and YWSW Who Engage in Survival Sex (Washington, DC: Urban Institute, September 2015), 16, 20, 21.

26. Melissa Gira Grant, “The NYPD Arrests Women for Who They Are and Where They Go—Now They’re Fighting Back,” Village Voice, November 22, 2016.

27. See Shana M. Judge and Mariah Wood, “Racial Disparities in the Enforcement of Prostitution Laws,” paper presented at Association for Public Policy Analysis and Management, November 6–8, 2014; https://appam.confex.com/appam/2014/webprogram/Paper11163.html; Chateauvert, Sex Workers Unite!, 62. San Francisco’s Task Force on Prostitution noted that prostitution arrests targeted “the most visible, those working on the street, and those most vulnerable, including African American, transgender, and immigrant women” (150); see also NAACP, Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (Boston: Northeastern University Press, 1994), 22.

28. Chateauvert, Sex Workers Unite!, 62; Williamson et al., “Police-Prostitute Interactions,” note that the underground nature of the sex trades facilitates police misconduct (18).

29. Judge and Wood, “Racial Disparities in the Enforcement of Prostitution Laws.”

30. 2015 US Transgender Survey, 163.

31. Chateauvert, Sex Workers Unite!, 64.

32. Grant, “NYPD Arrests Women”; see also Human Rights Watch, Sex Workers at Risk, 16–17.

33. Grant, “NYPD Arrests Women.”

34. City Council, City of New York, transcript of the minutes of the Committee on Public Safety, October 10, 2012.

35. 2015 US Transgender Survey, 163.

36. Dank et al., Locked In.

37. Human Rights Watch, Sex Workers at Risk.

38. See, for example, PROS Network and Leigh Tomppert, Public Health Crisis: The Impact of Using Condoms as Evidence of Prostitution in New York City (New York: PROS Network and Sex Workers Project, 2012), 68, http://sexworkersproject.org/downloads/2012/20120417-public-health-crisis.pdf.

39. PROS Network and Tomppert, Public Health Crisis, 22; see also Acacia Shields, Criminalizing Condoms: How Policing Practices Put Sex Workers and HIV Services at Risk in Kenya, Namibia, Russia, South Africa, the United States, and Zimbabwe (New York: Open Society Foundation, 2012), 4, 19, http://www.opensocietyfoundations.org/reports/criminalizing-condoms.

40. PROS Network and Tomppert, Public Health Crisis, 22; Shields, Criminalizing Condoms, 4, 19.

41. PROS, Network and Tomppert, Public Health Crisis, 21.

42. Shields, Criminalizing Condoms.

43. Human Rights Watch, In Harm’s Way; Human Rights Watch, Sex Workers at Risk.

44. Florrie Burke, “Forced into Prostitution and Denied a Lifeline,” Huffington Post, May 15, 2013; see also Memorandum in Support, http://sexworkersproject.org/downloads/2010/20100510-sign-on-memo-no-condoms-as-evidence.pdf; Legal Aid Society, Memorandum in Support, in author’s collection; Safe Horizon, Memorandum in Support, in author’s collection; Human Rights Watch, Memorandum in Support, in author’s collection; New York Anti-Trafficking Network, Memorandum in Support, in author’s collection.

45. Human Rights Watch, Sex Workers at Risk, 61, 66–67.

46. New York City Young Women’s Initiative, Report and Recommendations.

47. President’s Task Force on 21st-Century Policing, Final Report of the President’s Task Force on 21st-Century Policing, 27–28.

48. Chateauvert, Sex Workers Unite!, 59.

49. 2015 US Transgender Survey, 12.

50. Williamson et al., “Police-Prostitute Interactions,” 22.

51. Sex Workers Project, Behind Closed Doors (New York: 2005); Sex Workers Project, Revolving Door: An Analysis of Street-Based Prostitution in New York City, (New York: 2003).

52. INCITE! Organizer’s Tool Kit on Law Enforcement Violence, 25.

53. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 141–42.

54. “Lawsuit: Girl, 12, Not Prostitute,” Brownsville Herald, December 24, 2008; Chris Vogel, “Police Get the Wrong House in Galveston, Allegedly Assault 12-Year-Old Girl,” Houston Press, December 17, 2008; Complaint, Milburn v. Gomez, et al., 08cv193 (S.D. Tex, December 2, 2008).

55. Memorandum and Order, Milburn v. Gomez et al., 08cv193 (S.D. Tex. November 17, 2010).

56. Young Women’s Empowerment Project, Girls Do What They Need to Do to Survive: Illuminating Methods Used by Girls in the Sex Trades and Street Economy to Fight Back and Heal (2009), 30, 32.

57. C. Angel Torres and Naima Paz, Denied Help: How Youth in the Sex Trade and Street Economy Are Turned Away from Systems Meant to Help Us and What We Are Doing to Fight Back (Chicago: Young Women’s Empowerment Project, 2012), 19, 27, 30.

58. Dank et al., Locked In.

59. Alliance for a Safe & Diverse DC, Move Along: Policing Sex Work in Washington, D.C. (Washington, DC: Different Avenues, 2008), 53.

60. Chateauvert, Sex Workers Unite!, 173.

61. Ibid., 155.

62. Sex Workers Project, Behind Closed Doors; Sex Workers Project, Revolving Doors.

63. Williamson et al., “Police-Prostitute Interactions,” 24–25.

64. 2015 US Transgender Survey, 163.

65. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 63; Amnesty International, Stonewalled, 40.

66. Sex Workers Project, Kicking Down the Door: The Use of Raids to Fight Trafficking in Persons (New York: 2009), quotes here and below 3, 4, 5.

67. Eva Pendleton, “Domesticating Partnerships,” in Policing Public Sex, ed. Dangerous Bedfellows (Boston: South End Press, 1986), 377.

68. Joan Nestle, “Voices from Lesbian Herstory,” in Nestle, A Restricted Country, 111.

69. Chateauvert, Sex Workers Unite!, 79.

70. Solutions Not Punishment Coalition, “The Most Dangerous Thing Out Here Is the Police”: Trans Voices on Police Abuse and Profiling in Atlanta (March 2016).

71. La. Rev. Stat. Ann. § 14:89 (2012).

72. See Doe v. Jindal, 851 F. Supp. 2d 995, 1000 n.12 (E.D. La. 2012).

73. Brendan M. Connor, Andrea J. Ritchie, and Women with a Vision, “Just a Talking Crime”: A Policy Brief in Support of the Repeal of Louisiana’s Solicitation of a Crime Against Nature (SCAN) Statute (2011), http://wwav-no.org/just-a-talking-crime-no-justice-policy-brief, 3.

74. Compare La. Rev. Stat. Ann. § 14:89(A)(2) (2010) and La. Rev. Stat. Ann. § 15:542 (2012) et seq., with La. R.S. 14:82.

75. Failure to comply with the registration requirements imposed on individuals convicted of a “crime against nature by solicitation” was punishable by terms of imprisonment of up to twenty years at hard labor, with no possibility of probation or parole. La. Rev. Stat. Ann. 15:542.1.4(A) (2012).

76. See Women with a Vision, “About” page, http://wwav-no.org/about, accessed April 1, 2013.

77. “Crimes Against Nature by Solicitation (CANS) Litigation,” Center for Constitutional Rights, http://ccrjustice.org/home/get-involved/tools-resources/fact-sheets-and-faqs/louisiana-s-crime-against-nature-law-modern.

78. Complaint, Doe v. Jindal, 851 F. Supp. 2d 995 (E.D. La. 2012) (No. 11–388).

79. Plaintiff Hiroke Doe relates her experience (February 16, 2011); see http://ccrjustice.org/home/get-involved/tools-resources/fact-sheets-and-faqs/louisiana-s-crime-against-nature-law-modern.

80. Ibid.

81. Conner and Ritchie, “Just a Talking Crime,” 6.

82. Ibid., 1.

83. Ibid., 3

CHAPTER 8: Policing Motherhood

1. Hector Castro, “Pregnant Woman ‘Tasered’ by Police Is Convicted,” Seattle Intelligencer, May 10, 2005.

2. Lisa Loving, “Seattle Settles Out of Court in Malaika Brooks Case,” Skanner News, September 11, 2014; Bill Meares, “Justices Decline Case of Taser Use on Pregnant Woman,” CNN, May 29, 2012.

3. Tonya McClary and Andrea J. Ritchie, In the Shadows of the War on Terror: Persistent Police Brutality and Abuse in the United States, unpublished report filed before UN Committee Against Torture, May 2006, author’s collection.

4. Amnesty International, Less Than Lethal? The Use of Stun Weapons in US Law Enforcement, AMR 51/010/2008 (New York: 2008).

5. Dorothy Roberts, Killing the Black Body: Race, Reproduction, and the Meaning of Liberty (New York: Vintage Books, 1997).

6. Ibid.

7. See Dorothy E. Roberts, “Punishing Drug Addicts Who Have Babies: Women of Color, Equality, and the Right of Privacy,” Harvard Law Review 104, no. 7 (1991): 1419.

8. Roberts, Killing the Black Body, 17.

9. Escobar, Captivity Beyond Prisons, 5, 11, 35, 46, 60, 63, 69–70, 94, 103, 109–110 (describing how “the merging of criminality and state dependency that occurs in relation to Black motherhood gets re-mapped onto Latina (im)migrants”); Cainkar, Homeland Insecurity, 242–43.

10. Victoria Law, “Your Pregnancy May Subject You to Even More Law Enforcement Violence,” in Schenwar, Macaré, and Price, Who Do You Serve?, 92.

11. Amnesty International, Less Than Lethal.

12. “Chicago Cops Taser 8-Month-Pregnant Woman over Parking Violation,” RT News, https://www.rt.com/usa/chicago-taser-pregnant-rent-324/.

13. “Chicago to Pay $55,000 to Tasered Pregnant Woman,” NBC New York, April 6, 2013, http://www.nbcnewyork.com/news/nationalinternational/ChicagotoPay55KtoTaseredPregnantWoman201792881.html.

14. Amnesty International, Less Than Lethal . .

15. Ritchie and Jones-Brown, “Policing Race, Gender and Sex.”

16. “San Antonio Police Beat Pregnant Woman, a National Trend?,” Republic Magazine, n.d., http://www.republicmagazine.com/news/san-antonio-police-beat-pregnant-woman-part-of-a-national-trend.html.

17. Patton, “White Male Cops.”

18. S. Wooten and Reagan Ali, “Cop Punches Pregnant Woman in Stomach for Laughing at Him, Calls Her Black B*$#ch,” Countercurrent, May 24, 2015; Brian Booker, “Cop Calls Pregnant Woman Racist Remark, Punches Her in the Stomach,” Digital Journal, May 20, 2015.

19. Second Amended Complaint, McClennon v. City of Chicago, et. al, 14cv03233 (N.D. Ill. 2016).

20. See, for example, Patton, “White Male Cops”; Frank Donnelly, “Lawsuit: Woman Miscarried After Cops ‘Battered’ Her During ‘False’ Arrest,” Staten Island Advance, February 1, 2016.

21. Patton, “White Male Cops.”

22. Rob Johnson, “Harvey Cop Never Charged After 2 Pregnant Women Accused Him Of Misconduct,” CBSNewsChicago, September 20, 2016, http://chicago.cbslocal.com/2016/09/20/harvey-cop-never-charged-after-2-pregnant-women-accused-him-of-misconduct/.

23. Complaint, Rios v. City of San Antonio, et al., 14cv590 (July 2, 2014); Marc Reagan, “Civil Rights: Woman Who Had Miscarriage Sues SAPD, City,” San Antonio Current, October 7, 2014.

24. Nina Bernstein, “Protests Brew Over Attempt to Deport Woman,” New York Times, February 14, 2006.

25. National Network for Immigrant and Refugee Rights, Over-Raided, Under Siege.

26. “Woman: Cops Ignored Pleas for Help at Arrest; Baby Died the Next Day,” Fox News, January 31, 2007, http://www.foxnews.com/story/2007/01/31/womancopsignoredpleasforhelpatarrestbabydiednextday.html.

27. National Advocates for Pregnant Women, Pregnant Women and Drug Use: Charles Condon and South Carolina’s Policy of Punishment Not Treatment (March 2006), http://advocatesforpregnantwomen.org/issues/criminal_cases_and_issues/pregnant_women_and_drug_use.php; see also Dorothy Roberts, “Unshackling Black Motherhood,” Michigan Law Review 95 (1997–98): 938, 941.

28. Lynn Paltrow, “Background Concerning Ferguson et al. v. City of Charleston,” National Advocates for Pregnant Women, http://www.advocatesforpregnantwomen.org/facts/ferguson_history.htm, accessed March 24, 2016; Roberts, Killing the Black Body, 164–67.

29. Roberts, “Unshackling Black Motherhood,” 950; Roberts, Killing the Black Body, 10, 14.

30. Roberts, Killing the Black Body, 9.

31. Ferguson et al. v. City of Charleston, 532 U.S. 67 (2001). https://www.reproductiverights.org/sites/default/files/documents/fergusondecision.pdf.

32. Roberts, Killing the Black Body, 3.

33. Roberts, “Unshackling Black Motherhood,” 943–44; ibid., 166.

34. Ferguson et al. v. City of Charleston.

35. Roberts, Killing the Black Body, 173.

36. Ibid., 175.

37. Bhattacharjee, “Private Fists and Public Force,” 45.

38. Haley, No Mercy Here, 55–56.

39. Ibid. 33; Roberts, “Unshackling Black Motherhood,” 954.

40. Roberts, Killing the Black Body, 183.

41. Ibid., 154.

42. Ibid., 180, 182.

43. Lynne Paltrow and Jeanne Flavin, “Arrests of and Forced Interventions on Pregnant Women in the United States, 1973–2005: Implications for Women’s Legal Status and Public Health,” Journal of Health Politics, Policy and Law 38, no. 2 (April 2013): 308.

44. Silliman and Bhattacharjee, Policing the National Body, xviii.

45. Ibid., 19.

46. Law, “Your Pregnancy May Subject You,” 99–100, 101–2.

47. Paltrow and Flavin, “Arrests of and Forced Interventions.”

48. Ibid., 334.

49. Bhattacharjee, “Private Fists and Public Force,” 36.

50. Dorothy Roberts, Shattered Bonds: The Color of Child Welfare (New York: Basic Books, 2008), 33–46.

51. Ibid., 32, 59.

52. Ibid., 60–67; Dorothy Roberts, “Mothers Who Fail to Protect Their Children: Accounting for Private and Public Responsibility,” in Mother Troubles: Re-thinking Contemporary Maternal Dilemmas, ed. J. E. Hanigsberg and S. Rudder (Boston: Beacon Press 1999), 34; Roberts, “Unshackling Black Motherhood,” 947–48.

53. David Love, “On the Criminalization of Black Motherhood,” Black Commentator, May 8, 2008, http://blackcommentator.com/276/276_col_criminalization_of_black_motherhood_printer_friendly.html, accessed March 16, 2016.

54. Roberts, Mothers Who Fail to Protect Their Children, 41.

55. Roberts, Shattered Bonds, 61–67; Roberts, Killing the Black Body, 14.

56. Roberts, “Mothers Who Fail to Protect Their Children,” 41.

57. Lakin Starling, “LAPD Officer Sentenced to 3 Years for Excessive Force in Alesia Thomas Case,” News One, July 24, 2015; “Female LAPD Officer Guilty of Assault for Kicking Handcuffed Woman Who Died,” CBS News, June 5, 2015.

58. Javier Panzar, “At Emotional Hearing, LAPD Officer Gets 36 Months in Jail in Assault Caught on Video,” Los Angeles Times, July 23, 2015.

59. Mariame Kaba, “Mistaken Identity”: The Violent Un-Gendering of Black Women and the NYPD, http://www.usprisonculture.com/blog/2014/08/04/mistaken-identity-the-violent-un-gendering-of-black-women-and-the-nypd/; John Marzulli, Laura Dimon, and Ginger Adams Otis, “Naked Brooklyn Woman Dragged from Apartment, Left Topless in Hallway for Minutes by NYPD Officers Who Say She Beat 12-Year-Old Daughter,” New York Daily News, August 1, 2014, http://www.nydailynews.com/new-york/brooklyn/nypd-officers-drag-naked-brooklyn-woman-apartment-video-article-1.1889292.

60. Jessica Miller et al., “Utah Attorneys Shocked That Violence in 2014 Police Video Was Never Investigated,” Salt Lake Tribune, July 7, 2016.

61. Roberts, Shattered Bonds, 77–79.

62. Ibid., 78–79.

63. Roberts, Shattered Bonds, 31.

64. Black Youth Project 100, Agenda for Black Futures, http://agendatobuildblackfutures.org; Sarah Jarvis, “Mom Who Left Kids in Car Sentenced to 18 Years’ Probation,” Arizona Republic, May 15, 2015; Kay Steigler, “Mom Gets Arrested for ‘Abandoning’ Kids in Nearby Food Court While at Job Interview,” ThinkProgress, July 18, 2015; Sara Jaffe, Mariame Kaba, Randy Abelda, and Kathleen Geier, “How to End the Criminalization of America’s Mothers,” Nation, August 21, 2014.

65. Roberts, Shattered Bonds.

66. Bhattacharjee, “Private Fists and Public Force,” 44.

67. Jaffe et al., “How to End the Criminalization of America’s Mothers”; “Where School Boundary-Hopping Can Mean Time in Jail,” Al-Jazeera Tonight, January 21, 2014; Daniel Tepfer, “Tanya McDowell Sentenced to 5 Years in Prison,” Connecticut Post, March 27, 2012; John Nickerson, “Mom Accused of Stealing Education Pleads Guilty,” Stamford Advocate, February 22, 2012; Khadijah Z. Ali-Coleman, “Mom Jailed for Enrolling Kids in School Tells Her Story in New Book, Film,” Ebony, March 20, 2014; “Mother Who Put Kids in Wrong School Released from Jail Early,” CNN, January 27, 2011; “Kelley Williams-Bolar, Ohio Mother, Convicted of Felony for Lying to Get Kids into Better School,” Huffington Post Education, January 27, 2011.

68. Noam Cohen, “New Jersey Daily Briefing; Officer’s Suspension Ends,” New York Times, September 12, 1997; Ronald Smothers, “Newark Officer Is Cleared in Shooting During Arrest,” New York Times, September 5, 1997; Kit Roane, “Police Changes Promised,” New York Times, July 8, 1997.

69. Roberts, Shattered Bonds.

70. See Kenrya Rankin, “Black Lives Matter Partners with Reproductive Justice Groups to Fight for Black Women,” RHReality Check, February 9, 2016.

CHAPTER 9: Police Responses to Violence

1. Andrea Ritchie, “Black Feminism Enters the New Millennium,” New Barrister, March 2000.

2. Greg Smith and Tara George, “Officers Accused of Beating Woman,” New York Times, March 2, 2000; Juan Forero, “Two Officers Are Accused of Beating Woman Who Asked for Their Names and Badge Numbers,” New York Times, March 2, 2000; J. Zamgba Browne, “Two Officers Sentenced in Assault of Black Woman,” Amsterdam News, November 15, 2001.

3. Forero, “Two Officers Are Accused.”

4. Smith and George, “Officers Accused of Beating Woman”; Forero “Two Officers Are Accused”; National Briefs, Pittsburgh Post Gazette, March 2, 2000.

5. Smith and George, “Officers Accused of Beating Woman.”

6. Angela Y. Davis, Keynote Address, Color of Violence conference, Colorlines, http://www.colorlines.com/articles/color-violence-against-women. Davis also invoked the name of LaTanya Haggerty during her remarks, asking the audience to consider what might have prevented her death. See also Davis, “Violence Against Women,” 146, 148.

7. Andrea J. Ritchie, “Policy and Oversight: Women of Color’s Experiences of Policing,” January 28, 2015, submission to the President’s Task Force on 21st-Century Policing, http://changethenypd.org.

8. Julie Goldscheid, Donna Coker, Sandra Park, Tara Neal, and Valerie Halstead, Responses from the Field: Sexual Assault, Domestic Violence, and Policing (New York: CUNY Academic Works, 2015), 18, http://academicworks.cuny.edu/cl_pubs/76. Perhaps this is not surprising given the high incidence of domestic violence among male police officers—for instance, in 2006, it was reported that the head of the NYPD domestic violence unit on Staten Island abused his partner, once beating her for getting him the “wrong” birthday cake. Two studies have found that at least 40 percent of police officer families experience domestic violence, in contrast to 10 percent of families in the general population. See P. H. Neidig et al., “Interspousal Aggression in Law Enforcement Families: A Preliminary Investigation,” Police Studies 15, no. 1 (1992): 30–38; Leanor Boulin Johnson, testimony before the House Select Committee on Children, Youth, and Families, 102nd Congress, 1st Sess., May 1991, in On the Front Lines: Police Stress and Family Well-Being (Washington, DC: Government Printing Office, 1991), 32–48; M. Straus and R. Gelles, Physical Violence in American Families—Risk Factors and Adaptations to Violence in 8,145 Families (New Brunswick, NJ: Transaction, 1990). A third study of older and more experienced officers found domestic violence occurring in 24 percent of these families, indicating that domestic violence is two to four times more common among police families than American families in general (Neidig et al., “Interspousal Aggression,” 25–28); Goldscheid et al., Responses from the Field, 12, 15.

9. Crenshaw and Ritchie, Say Her Name, 24–25; Ritchie, “Law Enforcement Violence,” 151.

10. Marjua Estevez, “#MelissaVentura’s Extrajudicial Execution Protested in Harlem,” Vibe, January 3, 2017, vibe.com/2017/01/melissa-ventura-killed-by-cops; Rosalie Chan, “Police Are Investigating a Fatal Shooting of a Woman in Arizona,” Time.com, July 7, 2016.

11. Fred Clasen-Kelly, “The Seconds Before the Shots,” Charlotte Observer, March 21, 2015.

12. Crenshaw and Ritchie, Say Her Name, 25; Dawn Rhodes, “Friends, Family Say Goodbye to Woman Accidentally Killed by Chicago Police,” Chicago Tribune, January 6, 2016.

13. Kwame Dixon and Patricia E. Allard, Police Brutality and International Human Rights in the United States: The Report on Hearings Held in Los Angeles, California, Chicago, Illinois, and Pittsburgh, Pennsylvania, Fall 1999 (New York: Amnesty International USA, February 2000), 18.

14. “Four More Women Accuse Eugene Officer of Abuse,” KATU News, December 11, 2003; Rebecca Nolan, “Police Sex Case Victim Found Dead at Residence,” Oregon Register-Guard, September 29, 2004.

15. Phillips and McCoy, “Extorting Sex with a Badge.”

16. Ibid.

17. Mariame Kaba in conversation with the author.

18. Michael Lansu, “Woman Acquitted of Eavesdropping Charges for Recording Cops Sues City,” Chicago Sun-Times, January 14, 2012.

19. See Jessica Shaw et al., “Beyond Surveys and Scales: How Rape Myths Manifest in Sexual Assault Police Records,” Psychology of Violence (2016), advance online publication, http://dx.doi.org/10.1037/vio0000072; M. Haviland, V. Frye, V. Rajah, J. Thukral, and M. Trinity, The Family Protection and Domestic Violence Intervention Act of 1995: Examining the Effects of Mandatory Arrest in New York City (New York: Urban Justice Center, Family Violence Project, 2001), 67.

20. Haviland et al., The Family Protection and Domestic Violence Act of 1995, 17–18, 21, 23–25.

21. Ibid., 19–20.

22. Ibid., 75, 75–77.

23. Amnesty International, Stonewalled, 78.

24. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 130.

25. Ibid., 137–38.

26. National Coalition of Anti-Violence Programs, Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected Intimate Partner Violence in 2015 (2016 Release Edition), 10. This represents a decrease in percentage of survivors who reported to police over previous years—55 percent in 2014 and 35 percent in 2013. National Coalition of Anti-Violence Programs, Lesbian, Gay, Bisexual, Transgender, Queer and HIV-Affected Intimate Partner Violence in 2014 (2015 Release Edition), 26.

27. National Coalition of Anti-Violence Programs (2016), 11.

28. National Coalition of Anti-Violence Programs (2014), 52.

29. Haviland et al., The Family Protection and Domestic Violence Intervention Act of 1995.

30. See Safe House Progressive Alliance for Nonviolence, Victim-Defendant Toolkit, 2001, in author’s collection.

31. Shaw et al., “Beyond Surveys and Scales.”

32. Nina Strochlich, “‘Out in the Night’ and the Redemption of the ‘Killer Lesbian Gang,’” Daily Beast, June 21, 2014, http://www.thedailybeast.com/articles/2014/06/21/out-in-the-night-and-the-redemption-of-the-killer-lesbian-gang.html.

33. INCITE! Women of Color Against Violence & FIERCE!. “Re-Thinking ‘The Norm’ in Police/Prison Violence and Gender Violence: Critical Lessons from the New Jersey 7,” LeftTurn Magazine, September 2008, http://incite-national.org/sites/default/files/incite_files/resource_docs/9908_toolkitrev-nj7.pdf.

34. A video and description of the exhibit, and of the publication that accompanies it, can be found at No Selves to Defend, http://noselves2defend.tumblr.com/; see also Arkles, “Gun Control,” 855–99.

35. Survived and Punished: End the Criminalization of Survivors of Sexual and Domestic Violence, http://www.survivedandpunished.org.

36. Goldscheid et al., “Responses from the Field.” Similarly, historic and present-day factors, including distrust of the police, have been found to play a role in Black women’s willingness to report sexual violence to the police. Helen A. Neville and Aalece Pugh, “General and Culture-Specific Factors Influencing African American Women’s Reporting Patterns and Perceived Social Support Following Sexual Assault,” Violence Against Women 3, no. 4 (1997): 361–90. See also Nawal Ammar et al., “Experiences of Muslim and Non-Muslim Battered Immigrant Women with the Police in the United States: A Closer Understanding of Commonalities and Differences,” Violence Against Women 19, no. 12 (2014): 1449–71; Nawal Ammar et al., “Calls to Police And Police Response: A Case Study Of Latina Immigrant Women in the USA,” International Journal of Police Science & Management 7, no. 4 (2005): 230–44.

37. Goldscheid et al., 28.

38. Amnesty International, Maze of Injustice: The Failure to Protect Indigenous Women from Sexual Violence in the USA (New York, 2007), 2, 4, 8, 27–30, 47–49.

39. H. N. Bui, “Help-Seeking Behavior Among Abused Immigrant Women,” Violence Against Women 9, no. 2 (2003): 207–39.

40. 2015 US Transgender Survey, 12.

41. See Susan L. Miller, “Unintended Consequences of Mandatory Arrest: Policy Problems and Possibilities,” presentation at Mandatory Arrest: Original Intentions, Outcomes in our Communities, and Future Directions, Columbia University School of Law, New York, NY, June 17, 2005; Jessica Dayton, “Intimate Violence: The Silencing of a Woman’s Choice: Mandatory Arrest and No Drop Prosecution Policies in Domestic Violence Cases,” Cardozo Women’s Law Journal 9 (2003), 281, 288.

42. Miller, “Unintended Consequences.”

43. John Johnson, “A New Side to Domestic Violence: Arrests of Women Have Risen Sharply Since Passage of Tougher Laws,” Los Angeles Times, April 27, 1996.

44. Ibid.

45. Meda Chesney-Lind, “Criminalizing Victimization: The Unintended Consequences of Mandatory Arrest Policies for Girls and Women,” Criminology and Public Policy 2, no. 1 (2002): 81–90.

46. Susan L. Miller and Michelle L. Malloy, “Women’s Use of Force: Voices of Women Arrested for Domestic Violence,” Violence Against Women 12, no. 1 (2006): 89–115; Susan Miller, “The Paradox of Women Arrested for Domestic Violence,” Violence Against Women 7, no. 12 (2001).

47. Haviland et al. The Family Protection and Domestic Violence Intervention Act of 1995.

48. Ibid.

49. National Coalition of Anti-Violence Programs, Lesbian, Gay, Bisexual, Transgender and Queer Domestic/Intimate Partner Violence in the United States in 2009 (New York: National Coalition of Anti-Violence Programs, 2010), 4.

50. National Coalition of Anti-Violence Programs, Lesbian, Gay, Bisexual, Transgender and Queer Domestic/Intimate Partner Violence in the United States in 2015 (New York: National Coalition of Anti-Violence Programs, 2016), 10.

51. Johnson, “A New Side to Domestic Violence.”

52. Escobar, Captivity Beyond Prisons, 111–13.

53. Haviland et al., The Family Protection and Domestic Violence Intervention Act of 1995·

54. Ibid.

55. Ibid.

56. See Kavitha Sreeharsha, “Victims’ Rights Unraveling: The Impact of Local Immigration Enforcement Policies on the Violence Against Women Act,” Georgetown Journal of Gender and the Law 11 (2010): 649. Women’s dependent or undocumented status is often manipulated by batterers, who use the threat of deportation as part of a matrix of domination and control. In addition, women arrested under mandatory arrest laws could themselves face deportation. See Anita Raj and Jay Silverman, “Violence Against Immigrant Women: The Role of Culture, Context and Legal Immigrant Status on Intimate Partner Violence,” Violence Against Women 8, no. 3 (March 2002): 367–98; Deena Jang, Len Marin, and Gail Pendleton, Domestic Violence in Immigrant and Refugee Communities: Assessing the Rights of Battered Women, 2nd ed. (San Francisco: Family Violence Prevention Fund, 1997).

57. Ann Arbor for Black Lives, Organizing Against Police Brutality and Mass Incarceration in Washtenaw County (2015), in author’s collection.

58. Anonymous, People’s Retort to the Prosecutor’s Report (2016), in author’s collection.

59. Austin McCoy, “Ann Arbor Is America: The Police Kill Aura Rosser and the System Exonerates Itself—Again,” Medium.com, January 2015.

60. Sunnivie Brydum and Mitch Kellaway, “This Black Trans Man Is in Prison for Killing His Rapist,” Advocate, April 8, 2015; Justice for Ky Peterson!, https://actionnetwork.org/petitions/justice-for-ky-peterson-black-transgender-man-sentenced-to-20-years-in-prison-for-defending-himself-against-sexual-assault.

61. Francine Sherman and Annie Balck, Gender Injustice: System-Level Juvenile Justice Reform for Girls (Washington, DC: National Crittenton Foundation and the National Women’s Law Center, 2015).

62. Movement for Black Lives, Vision for Black Lives: Policy Demands for Black Power, Freedom and Justice (New York: Movement for Black Lives, 2016), https://policy.m4bl.org/platform.

63. This toolkit is available for download at www.creative-interventions.org/tools/toolkit, accessed January 23, 2017.

64. Critical Resistance and INCITE!, “Statement on Gender-Based Violence and the Prison Industrial Complex,” 2001, incite-national.org/page/incite-critical-resistance-statement.

CHAPTER 10: Resistance

1. Kate Abbe-Lambertz, “These 15 Black Women Were Killed During Police Encounters. Their Lives Matter, Too,” Huffington Post, February 13, 2015; James Thilman, “Did the NYPD Suffocate A Mentally Ill Woman To Death While Trying To Cuff Her?,” Gothamist, April 3, 2012. The family won a $1.1 million settlement.

2. James McKinley, “Man Sentenced to 12 Years in Beating Death of Transgender Woman,” New York Times, April 19, 2016.

3. Jeff Mays, “Transgender Groups Protest Handling of Islan Nettles’ Death,” DNA. Info, January 21, 2014.

4. Justice for Shantel Davis!, https://justice4shantel.com.

5. Carmen Dixon, testimony submitted to the New York City Council Executive Budget Hearing Jointly with the Committee on Public Safety, May 21, 2015, on behalf of Black Lives Matter NYC and Safety Beyond Policing Coalition.

6. Kevin Tarr, “Who Was Kyam Livingston?” Brooklyn Ink, August 28, 2014, http://thebrooklynink.com/2014/08/28/54070-who-was-kyam-livingston.

7. For more information on the First National Day of Action to End State Violence Against Black Women and Girls, please visit http://byp100.org/justice-for-rekia.

8. This project can be seen at #SayHerName x #InHerHonor at http://sayhername.blacklivesmatter.com.

9. Lizzie Johnson, “SFPD Sergeant Identified in Woman’s Fatal Shooting,” Sfgate.com, May 31, 2016.

10. Davis, Freedom Is a Constant Struggle, 18–19.

11. See, for example, Angela Y. Davis, “Political Prisoners, Prisons, and Black Liberation,” “Race and Criminalization: Black Americans in the Punishment Industry,” “Rape, Racism, and the Capitalist Setting,” “Violence Against Women and the Ongoing Challenge to Racism,” “Joan Little: The Dialectics of Rape,” “Surrogates and Outcast Mothers: Racism and Reproductive Politics in the Nineties,” “Reflections on Race, Class and Gender in the U.S.A.,” all in James, The Angela Y. Davis Reader.

12. Joy James, Resisting State Violence (Minneapolis: University of Minnesota Press, 1996), 30–31.

13. INCITE!, Organizer’s Tool Kit on Law Enforcement Violence, 19.

14. Beth Richie, “Queering Antiprison Work: African American Lesbians in the Juvenile Justice System,” in Global Lockdown: Race, Gender, and the Prison-Industrial Complex, ed. Julia Sudbury (New York: Routledge, 2005), 80.

15. Critical Resistance and INCITE!, “Statement on Gender-Based Violence.”

16. Anannya Bhattacharjee, “Women of Color and the Violence of Law Enforcement,” Justice Visions working paper, American Friends Service Committee and Committee on Women, Population and the Environment, 2001.

17. Audre Lorde Project, “Statement: Open Letter to LGBTST Communities Opposing War,” January 27, 2003, http://alp.org/whatwedo/statements/antiwar.

18. Audre Lorde Project, “Statement: For All the Ways They Say We Are, No One Is Illegal,” April 21, 2006, http://alp.org/whatwedo/statements/nooneisillegal.

19. Davis, Women, Race & Class, 3. See also Manion, Liberty’s Prisoners, 126–32.

20. McGuire, At the Dark End of the Street, 35; Ida B. Wells-Barnett, The Red Record: Tabulated Statistics and Alleged Causes of Lynching in the United States (1895).

21. McGuire, At the Dark End of the Street, quotes here and below from 137–39, 75–76, 78, 63–69, 195–201, and 249.

22. Ibid. 253–75; Angela Y. Davis, “JoAnne Little: The Dialectics of Rape,” Ms., June 1975. There is some question as to whether Little had in fact been arrested for prostitution in the past. According to Mindy Chateauvert, Little had, a fact that was denied by Angela Davis as profiling and buried by defense counsel as vestiges of the politics of respectability that would have precluded defense of a woman in the sex trades who charged rape. See Chateauvert, Sex Workers Unite!, 159–60.

23. Kimberly Springer, Living for the Revolution: Black Feminist Organizations, 1968–1980 (Durham, NC: Duke University Press, 2005), 88; Combahee River Collective, Six Black Women, Why Did They Die?, http://library.brown.edu/pdfs/1124979008226934.pdf.

24. Davis, “Violence Against Women,” 147.

25. Richie, Arrested Justice; Mimi E. Kim, Dancing the Carceral Creep: The Anti-Domestic Violence Movement and the Paradoxical Pursuit of Criminalization, 1973–1986 (Berkeley: UC Berkeley Institute for the Study of Societal Issues, 2015). Retrieved from http://eprints.cdlib.org/uc/item/804227k6; INCITE!, Color of Violence.

26. Mogul, Ritchie, and Whitlock, Queer (In)Justice, 54.

27. Susan Stryker, Transgender History (Berkeley: Seal Press, 2008), 60–61.

28. Ibid., 72–73; Jennifer Worley, “Street Power and the Claiming of Public Space: San Francisco’s ‘Vanguard’ and Pre-Stonewall Queer Radicalism,” in Captive Genders: Trans Embodiment and the Prison Industrial Complex, ed. Eric A. Stanley and Nat Smith (San Francisco: AK Press, 2011).

29. See Stryker, Transgender History, 96–97, on the film.

30. Che Gossett, Reina Gossett, and A. J. Lewis, “Reclaiming Our Lineage: Organized Queer, Gender Nonconforming, and Transgender Resistance to Police Violence,” SF Online, October 1–2, 2012; see also Regina Kunzel, Criminal Intimacy: Prison and the Unusual History of Modern American Sexuality (Chicago: University of Chicago Press, 2008), 191.

31. Nestle, “Voices from Lesbian Herstory,” 111; “Fight Police Abuse! Remember Blues!,” flyer, undated (c. 1984), Lesbian Herstory Archives, New York City.

32. Mogul, Ritchie, and Whitlock, Queer (In)Justice.

33. William Rashbaum, “Woman Dies After Police Mistakenly Raid Her Apartment,” New York Times, May 17, 2003.

34. Coalition for Justice and Accountability, Tasers: A Reassessment (San Jose, CA: Coalition for Justice and Accountability, March 10, 2005).

35. Best Practices Policy Project, “Washington, D.C. Passes Bill to Repeal Discredited “Prostitution Free Zones,” October 8, 2014, http://www.bestpracticespolicy.org/2014/10/08/washington-d-c-passes-bill-to-repeal-discredited-prostitution-free-zones; David Grosso, “Time to Repeal ‘Prostitution Free Zones,’” Washington Blade, April 3, 2014; Tim Craig, “D.C. ‘Prostitution-Free Zones’ Probably Unconstitutional, Attorney General’s Office Says,” Washington Post, January 24, 2012; Prostitution Free Zone, https://vimeo.com/4652102 (2009); Alliance for a Safe and Diverse DC, Move Along.

36. Mitch Kellaway, “Arizona Appeals Court Overturns Monica Jones’s Conviction for ‘Walking While Trans,’” Advocate, January 27, 2015; Gretchen Rachel Blickensderfer, “Monica Jones Found Guilty Under Prostitution Ordinance,” Windy City Times, April 11, 2014.

37. “Yvonne McNeal, Homeless Lesbian Woman, Shot and Killed by New York Police,” Huffington Post, October 7, 2011; Welfare Warriors Research Collaborative, A Fabulous Attitude.

38. See Kirsten West Savali, “Black Women Are Killed by Police, Too,” Dame Magazine, August 18, 2014; Mariame Kaba, “Erasing Fannie Lou, and Other Black Women Victimized by Police,” Prison Culture blog, August 22, 2014, usprisonculture.com/blog/2014/08/22/erasing-fannie-lou-and-other-black-women-victimized-by-police; Evette Dion, “You Know Police Kill Black Women Too, You Just Don’t Hear About It,” Bustle, December 8, 2014; “The Conversation: Women of Color Speak Out on Police Violence,” Ravishly, February 2015, http://www.ravishly.com/conversation/women-color-speak-out-police-violence; “A Deadly U-Turn,” Democracy Now; Montgomery, “Her Name Was Miriam Carey”; Tom Dart, “Former Texas Officer Who Fatally Shot Unarmed Woman Found Not Guilty, Guardian, April 8, 2016; Christopher Maag, “Police Shooting of Mother and Infant Exposes a City’s Racial Tension,” New York Times, January 30, 2008.

39. SNaPCo, Wrongful Arrest, YouTube, uploaded October 27, 2014, https://www.youtube.com/watch?v=BHnV5q3LwMI.

40. Dyana Bagby, “East Point Mayor Apologizes to Trans Man After Alleged Police Discrimination,” Georgia Voice, October 31, 2014, http://thegavoice.com/east-point-mayor-apologizes-trans-man-alleged-police-discrimination.

41. Racial Justice Action Center, “Victory! East Point Police Department to Adopt Most Progressive Trans Policies in the Nation,” press release, April 9, 2015, http://www.rjactioncenter.org/EastPointVictory.

42. Democracy Now, Denver Police Killing of LGBT Teen Jessica Hernandez Sparks Outcry as Officers’ Claims Disputed, February 13, 2015. Video available at https://www.youtube.com/watch?v=Narncvd9anw.

43. Nat Stein, “Buried Seedz of Resistance Uproots Denver Pride with Protest Against Police Violence,” Colorado Independent, June 22, 2015.

44. Project Nia, We Are Rekia’s Haven, YouTube, posted March 18, 2016, https://www.youtube.com/watch?v=SDC5vgDPFtU.

45. Mariame Kaba, “#FireDanteServin: An Abolitionist Campaign in Chicago,” Prison Culture blog, September 19, 2015, http://www.usprisonculture.com/blog/tag/rekia-boyd.

46. Aishwarya Kumar, “#DontPayDante, Activists Say After Rekia Boyd Killer Quits CPD With Pension,” DNAinfo, May 17, 2016. For more information about #Don’t Pay Dante, #Save CSU, go to https://rememberrekia.wordpress.com.

47. For more information about the Second National Day of Action to End State Violence Against Black Women, Girls, and Femmes, go to http://blackyouthproject.com/national-sayhername-day-acknowledging-injustice-against-black-women-girls-and-femmes.

48. “Alexia Christian: Shot 10 Times by Atlanta Police,” Blackgirltragic.com, accessed January 20, 2017; “Activists, Mother Demand Video in Alexia Christian Police Killing,” Atlanta Progressive News, September 4, 2015; “It’s Bigger Than You Holds One Year Anniversary March,” Atlanta Progressive News, August 22, 2015; Gloria Tatum, “Atlanta Citizens Review Board Gets on Activists’ Last Nerve,” Atlanta Progressive News, May 15, 2015.

49. Sameer Rao, “Activists Gather Around the Country to #SayHerName,” Colorlines, May 20, 2016.

50. “Oakland Residents Still Seeking Police Accountability for the Shooting Death of Yuvette Henderson,” KGNU, February 8, 2016.

51. Reniqua Adams, “Jasmine Abdullah: ‘If I Don’t Do This, I’m Going to Die,’” Nation, June 20, 2016; Orie Givens, “Lesbian Black Lives Matter Leader Will Spend 72 More Days in Jail for ‘Lynching,’” Advocate, June 7, 2016; “Black Lives Matter Activist Convicted of ‘Felony Lynching’: It’s More Than Ironic, It’s Disgusting,” Democracy Now, June 2, 2016; Black Lives Matter, “Black Lives Matter Organizer, Jasmine Abdullah AKA Jasmine Richards Targeted and Convicted of ‘Attempted Lynching,’” June 2, 2016, http://blacklivesmatter.com/black-lives-matter-organizer-jasmine-abdullah-aka-jasmine-richards-targeted-and-convicted-of-attempted-lynching.

52. Yezmin Villareal, “Day 50, and BLM’s Los Angeles Protest Is Still Going Strong,” Advocate, August 31, 2016; Kate Mather, James Queally, and Ruben Vives, “Amid Protests, Panel Finds That LAPD Did Not Violate Deadly Force Rules in Shooting of Black Woman in South L.A.,” Los Angeles Times, July 12, 2016.

53. Black Feminist Futures, Defending Black Womanhood: A Toolkit for a Community Altar Building Project for Black Women and Girls, https://docs.google.com/document/d/1TEGG0iINCdBSm5aNYa-9LQJBseDzEIoErUZM8lCskS0/edit.

54. Defend Black Womanhood, http://www.blackfeministfuture.org/defend-black-womanhood.

55. Walker Orenstein, “Is Compromise Possible on Changing Police Use of Deadly Force Law?,” Bellingham (WA) Herald, January 17, 2017; Matt Nagle, “Justice for Jackie Efforts Move Forward,” Tacoma (WA) Weekly, April 21, 2016.

56. National Queer Asian Pacific Islander Alliance, “LGBTQ Asian Groups to Protest Policing in 8 Cities Nationwide,” press release, May 7–15, 2016, http://www.nqapia.org/beta/wp-content/uploads/2016/04/Week-of-Action-Media-Advisory.pdf.

57. Mark Tseng-Putterman, “10 Times Asian Americans Took on Systemic Racism in 2016,” Medium.com, December 23, 2016; Sandra Allen, “The Trials of Teresa Sheehan,” Buzzfeed, July 9, 2015.

58. Southerners on New Ground, “Free from Fear: From the Community Safety Act to Standard Operating Procedures in Bull City,” June 1, 2016, http://southernersonnewground.org/2016/06/community-safety-act-standard-operating-procedures-bull-city/; Southerners on New Ground, “SONG Launches Free from Fear,” January 16, 2015, http://southernersonnewground.org/2015/01/freefromfear.

59. See Black Lives Matter, “Black Lives Matter Stands In Solidarity with Water Protectors at Standing Rock,” http://blacklivesmatter.com/solidarity-with-standing-rock/; Kelly Hayes, “Our History and Our Dreams: Building Black and Native Solidarity,” in Who Do You Serve?, 133.

60. See Taylor, From #BlackLivesMatter to Black Liberation, 180 (describing the work of Mothers Against Police Brutality in Houston).

61. For more information on Families United for Justice, please visit https://fu4j.org.

62. Eli Saslow, “For Diamond Reynolds, Trying to Move Past 10 Tragic Minutes of Video,” Washington Post, September 10, 2016.

63. Taylor, From #BlackLivesMatter to Black Liberation, 53.

64. Elaine Woo, “Rena Price Dies at 97; Her and Son’s Arrests Sparked Watts Riots,” Los Angeles Times, June 22, 2013. Rumors that police had also assaulted a Black pregnant woman also fueled the outrage of community residents.

65. Christopher Mathias, “Cop Who Gunned Down Ramarley Graham Gets a Raise,” Huffington Post, December 21, 2015, http://www.huffingtonpost.com/entry/ramarley-graham-nypd-richard-haste_us_567455d4e4bob958f6567aao.

66. Matt Taibbi, “Why Baltimore Blew Up,” Rolling Stone, May 26, 2015.

67. Taylor, From #BlackLivesMatter to Black Liberation, 161, 166.

68. Andrea J. Ritchie, “As We #SayHerName, 7 Policy Paths to Stop Police Violence Against Black Girls and Women,” Colorlines, May 19, 2016.

69. Movement for Black Lives, A Vision for Black Lives.

CONCLUSION

1. Davis, Freedom Is a Constant Struggle, 87.

2. Angela Y. Davis, “Race and Criminalization,” in James, The Angela Y. Davis Reader, 64.

3. Davis, Freedom Is a Constant Struggle, 105.

4. Ibid., 70.

5. Charlene A. Carruthers, “In Defense of Korryn Gaines, Black Women and Children,” Colorlines, August 5, 2016.

6. Taylor, From #BlackLivesMatter to Black Liberation, 108.

7. Rachel Herzing, “Big Dreams and Bold Steps Toward a Police-Free Future,” in Who Do You Serve?

8. See Maya Dukmasova, “Abolish the Police? Organizers Say It’s Less Crazy Than It Sounds,” Chicago Reader, August 25, 2016.

9. Critical Resistance and INCITE!, “Statement on Gender-Based Violence.”