CRJU113 - Lecture 7 - Rights, Sanctions, Prosecution & Liability, Use of Force, & Decision Making

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CRJU113 – Lecture 7 – Rights, Sanctions, Prosecution & Liability, Use of Force, & Decision Making Lesson 1 – Officer’s Rights & Discipline/ Sanctions Introduction At least 24 states have laws commonly referred to as a Law Enforcement Officer Bill of Rights (LEOBOR). Nearly all states have some statutes that address how law enforcement officers may be investigated, disciplined, or otherwise treated by the government agencies that employ them. The term LEOBOR is descriptive of how these rights are enumerated like state bills of rights or the Bill of Rights in the U.S. Constitution, but it is not indicative of the rights contained in each state’s unique law. Many states have rejected the Law Enforcement Officers Bill of Rights, arguing that this is a dangerous legislative shield against police accountability. This policy frustrates prompt investigation and resolution of police misconduct allegations, often delaying officer interrogation or raising the standard for complaints. The policy often includes provisions that prevent police departments from disciplining or firing problematic officers and prohibit the disclosure of personnel records. Despite this assumed legislative shield, the two most common areas of rights given to police officers cover investigative and disciplinary processes. Nearly all bill of rights guarantees the right of an officer to be notified when they are under investigation and who will be questioning them. These rights set forth minimum standards that shall apply when an officer is under investigation or is subjected to questioning under circumstances that could lead to disciplinary action, including that questioning be conducted at a reasonable hour, and take place at the offices of those conducting the investigation, with exceptions, the officer under investigation be informed in writing of the nature of the investigation prior to questioning, any questioning be for a reasonable period of time. This also allows for reasonable periods for rest and personal necessities, such questioning being recorded in full in writing or by an electronic device, and a copy of the transcript made available to the officer under investigation. Furthermore, it adds that the officer is entitled to the presence of counsel or another individual at the questioning. Additional rights in these areas include preventing officer personal information from being released to the press, protection from reassignment, rights to legal representation through the officer’s own means or union, requirements that investigations be conducted
CRJU113 - Lecture 7 2 by other law enforcement officers, and limitations on which governmental entity may discipline them. Discipline and Sanctions There are a variety of reasons that police officers can be disciplined. Police discipline originates when an officer engages in behavior that is prohibited or fails to take some action and or violates a rule or law. Examples of these disciplinary actions or sanctions are when officers violate a statute, city or county ordinance, or departmental policy. Despite a department’s rules and regulations, there are areas of disciplinary action that differ between police departments. These differences are often contentious when discipline is considered. The investigation of police disciplinary problems can be conducted by a variety of agencies. These groups can vary depending on state statutes, labor contracts, and local government laws. Sauchelli (2013) identifies the various agencies that have investigative authority over New York City officers, including a civilian complaint review board (CCRB) that investigates complaints of alleged misconduct with subpoena power, the Commission to Combat Police Corruption, which is a city agency that monitors and evaluates anti-corruption programs and practices, and NYPD Internal Affairs Bureau (IAB); that reviews allegations of police misconduct and can recommend disciplinary action. However, there is substantial variability in how officers are disciplined when charged by the departments for an offense or violation, in that a hearing is conducted by the department, and officers have due process and administrative rights during such hearings. The departments will return a verdict with an option to appeal. Another key purpose of police discipline is that it helps police employees serve the public while staying within the framework of law, policy, procedures, training, and organizational expectations for their behavior. Effective discipline requires that officers understand these boundaries and expectations. When officers stray, measured consequences are consistently and fairly applied to hold them accountable and to change their behavior. Police disciplinary procedures have long been a source of frustration for nearly everyone involved and those interested in the outcomes. Police executives are commonly upset by the months and sometimes up to years that it takes from an allegation of misconduct through the investigation and resolution. Furthermore, these frustrations are even greater when these decisions are reversed or modified by arbitrators, civil service boards, and grievance panels. Police officers and their unions generally feel discipline is arbitrary and fails to meet the fundamental requirements of consistency and fairness. Unless it is a high-profile case or one is directly involved, few in the community are interested in the police disciplinary process. Those interested are mystified by both the time involved in dealing with complaints of
CRJU113 - Lecture 7 3 misconduct and the various steps in a lengthy, confusing, and overly legal process. Police officers are also opposed to disciplinary procedures, as a study by McDevitt (2016) showed. For the most part, police officers had critical views about the disciplinary process. They questioned officers in seven departments (two small, three mediums, and three large departments) and found that 57.6% of the respondents in the smaller departments viewed disciplinary procures as fair, while only 21.1% from the larger agencies perceived the process as being fair. In closing, when officers perceive some level of unfairness in the departments, they are less likely to respect their supervisors, and in turn, less likely to be committed to the department and its programs and goals. Lesson 1 Recap Officer rights and disciplinary sanctions are unique and often misunderstood factors within policing. Police officers are provided justified rights while being afforded the awareness of disciplinary sanctions against a department’s policies and procedures. Next, we will explore the legal civil liability of police officers and various programs to minimize such civil lawsuits. Lesson 1 Completed! Thank you! You have completed this lesson. Please scroll down to complete a short, ungraded Knowledge Check activity Check Your Knowledge 1 Police discipline originates when an officer engages in behavior that is prohibited or fails to take some action and or violates a. a research study on policing b. ethics and integrity c. a rule or law (correct answer) d. self-moral principles When officers are charged by a department for an offense or violation, what will be conducted by the department while allowing officers due process and administrative rights during this event? a. Hearings (correct answer) b. Incarceration c. Probation d. A review of cases What NYC agency reviews allegations of police misconduct and can recommend disciplinary action? a. Investigation Network Committee b. Internal Affairs Bureau (correct answer) c. Internal Revenue Service
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CRJU113 - Lecture 7 4 d. Investigation Central Committee LEOBOR is defined as what prestigious officer initiative of protection. a. Law Enforcement Book of Rights b. Law Enforcement Bill of Rights (correct answer) c. Law Enforcement Book of Rules d. Law Enforcement Bill of Rules Within officer rights, what must be included during the questioning of a police officer? a. A copy of the transcript made available to the officer under investigation (correct answer) b. No copy of the transcript made available to the officer under investigation c. A certified department handbook on ethics d. A certified department handbook on policy and procedures Lesson 2 – Criminal Prosecution/ Liability & Discretion Factors/ Disenfranchised Populations Criminal Prosecution/Liability Police officers perform duties that include apprehending criminals, providing citizens with protection, aiding persons in distress, and maintaining the safety of our streets and communities. These difficult tasks are often seen in unfortunate lawsuits and prosecution cases against police officers. This misconduct by police officers can lead to civil and criminal liability. Kappeler (2014) adds that legal actions against the police arise for many reasons, some inherent in the nature of the police role, the services they provide to the public, and their status as government employees. Various civil liability cases can result when police officers fail to perform their assigned duties, perform them in a negligent order, or abuse their authority. Filing a liability suit against a police officer does not necessarily mean that the officer had engaged in intentional wrongdoing. Some of these liabilities are perceived by general citizens assuming that these agencies have a lot of money and the ability to either pay out-of-court settlements or large punitive damage awards given to some citizens and lawyers. This perception is set to bring quick litigation against these police agencies. Fear of litigation is determined by officers feeling they can be sued for anything. Such fears are promoted by a lack of understanding of the nature and consequences of police liabilities in that police officers have a general feeling that they can be sued if found liable for anything, and that frivolous lawsuits are very common. A study conducted by the International Association of Chiefs of Police concluded that about 40% of liability cases were brought against the police for officer misconduct and not just technical errors or minor rights violations.
CRJU113 - Lecture 7 5 Davis (2013) adds that there are good reasons for a healthy concern over potential police civil liability, but such concerns are not founded when they are premised on the notion that citizens file an inordinate number of unjustified claims against the police. The feeling that police officers can be sued and held liable for almost anything is similarly unfounded as any civil litigation process has safeguards to prevent and, if necessary, punish frivolous and unjust claims brought against police officers. Prevention strategies and programs to reduce high-risk liability cases are set by police departments to ensure police officers are acting within their official scope of authority, knowing the law of police liability, keeping ahead of changing laws of liability, to reading and following departmental rules and regulations. A seventh circuit reverses the court’s dismissal of the civil rights lawsuit and reinstates the officer and city as proper defendants. In the article titled “Failure to train ruling: Officer's alleged reckless driving in non-emergency situation results in civilian fatality,” Michael Callahan provides a case where it was presumed that the officer who killed another driver by driving recklessly lacked liability training. As you read, answer the following questions. What was the position of the Flores Estate lawsuit against Officer Gorny and the City of South Bend? What was the ruling of the case? How was liability was overlooked and why was the city also held liable for the driver’s loss of life? Failure to train ruling: Officer's alleged reckless driving in non-emergency situation results in civilian fatality Takeaways: The court ruled regarding the City that a municipality can be held liable under a theory of failure to train if it has actual knowledge of a pattern of criminally reckless conduct and there is an obvious need to provide training to avert harm, even if the prior acts have yet to result in tragedy. Regarding Officer Gorny, the court stated that driving with deliberate indifference to the consequence, turning oneself into a speeding bullet, can reach the level of criminal recklessness before the worst happens. The court concluded, based upon the Supreme Court decision in Brown, that failure to train municipal liability is possible for one unconstitutional violation by a lower-level employee even in the absence of a pattern of similar misconduct. It further concluded that failure to train liability is possible when the need for more or better training was patently obvious, and the municipal response was inadequate or non-existent. Introduction to Police Discretion The use of police discretion is a topic of many challenges in a police organization. While the basic understanding of discretion is the availability of a choice of options or actions that one can take in a situation, discretion in
CRJU113 - Lecture 7 6 policing is exercised through several key ingredients. The important action of discretion is a crucial component of policing. Examples of these range from an arrest, stop question, or frisk, to using physical or deadly force. An example of how discretion is exercised is through a stop-and-frisk policy. Carter (2014) contributes that revised policies in Seattle were finally adopted after addressing key issues from a 2012 settlement agreement between the city and the Department of Justice, which found officers routinely used excessive force most often against people of color and the psychologically or chemically impaired. Factors Influencing Discretion There are different factors and situational variables that must be considered within police discretion. The characteristic of the crime where a serious crime such as loss of life, gives police officers less freedom or ability to ignore it or exercise discretion regarding it. The relationship between the alleged criminal and victim is a familiar practice as police tend to avoid making arrests when a perpetrator and a victim have a close relationship. This is typically seen in domestic violence and victim service units. The relationship between the police and criminal or victim is a situation where a respected mannerly complainant is taken more seriously and treated better by the police versus an antagonist one. In practicality, someone who acts respectfully to the police is less likely to be arrested than an antagonistic one. Alpert (2012) adds that studies of police discretion have shown that the most significant factor in forming a suspicion about a suspect is the suspect’s behavior. That factor is supplemented by other information such as that provided by a dispatcher or a fellow officer. Officers who worked in the same beat continually said they could tell if a person belonged in the area due to their familiarity with the people in the neighborhood. Disenfranchised Populations There is a large segment of the population that is under the definition of a disenfranchised population. These unique populations are generally disenfranchised from the rest of the public. These populations, which can present a challenge to the police, consist of the mentally ill, public inebriates, drug abusers, and the homeless. From a police perspective, combing all the disenfranchised populations in a single group is ineffective and deceptive and results in the police having to deal with these problems rather than social service agencies and public programs. However, for the most part, homelessness, drug abuse, alcoholism, and mental health illness are intermingled. The United States Conference of Mayors (2010) found that about 30% of the adult homeless had an alcohol disorder or drug problem, and 22% had severe mental health disorders. This in turn does present a problem for police and communities, in that there are not enough shelter beds to house or care for the homeless. To help in these problematic areas, it is recommended to promote permanent housing for the chronically homeless, regulate campsites, encourage private property owners to secure
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CRJU113 - Lecture 7 7 vacant lots and other areas used, open day centers, and encourage case management services for those with clinical mental health conditions. Lesson 2 Recap Criminal prosecution/liability is a continued learning experience for all new officers. Keeping alert with the appropriate amount of discretion will greatly reduce any court summons and appearances as a patrol officer. Understanding these disenfranchised populations will better equip any police officer with the challenges faced within all communities. Let’s transition to the extended use of force and a better understanding of how it is used and why it is categorized by a continuum of use. Lesson 2 Completed! Thank you! You have completed this lesson. Please scroll down to complete a short, ungraded Knowledge Check activity Check Your Knowledge 2 Various civil liability cases can result when police officers fail to perform their assigned duties, perform them in a negligent order, or abuse their authority duties are known as a. Issues warnings b. Abuse their authority (correct answer) c. Define best ethical practices d. Life-threatening stressors Misconduct by police officers can lead to civil and criminal a. Search warrants b. Information reports c. Liability (correct answer) d. Traffic sheets IACP is what distinguished research committee? a. International Association of Chiefs of Police (correct answer) b. Interstate Association of Complaint Policing c. Intercity Association of Chief Programs d. Intercity Association of Complaint Programs Prevention strategies and programs can reduce high-risk liability cases through a. keeping ahead of changing laws of traffic and reading all policies and procedures b. keeping ahead of changing laws of liability, reading, and following departmental rules and regulations (correct answer) c. keeping ahead of ethical practices and ignoring departmental rules and regulations
CRJU113 - Lecture 7 8 d. keeping ahead of changing laws of policing and ignoring all policy and procedures One example of a litigation that offices fear is when they are a. dismissed from a court order b. sued (correct answer) c. written an infraction d. disapproved for advancement Lesson 3 – Police Use of Force/ Fleeing Felon Rule Police Use of Force Many police officers use force or coercion daily that may range from a verbal command to the use of a weapon against a suspect. Examples of these include the severity of the crime, whether a given suspect is a flight risk or attempting to escape custody, to actively resisting arrest and posing a threat to the officer or others. It is important to understand that the police have a duty to the citizenry to provide services and protection. Police are empowered to use force when necessary, to enforce the law, or to apprehend offenders. The challenge with any physical actions is to determine the level of force to be used. Problems arise when police use unnecessary, abusive force, or excessive force. There are disagreements about when an incident involving the use of force represents the use of excessive force. The meaning of excessive force is present when a police officer applies too much force in a specific situation. The excessive use of force is where officers legally apply in too many incidents. It is important to understand that excessive force includes situations where officers use so much force that constitute an illegal act, whereas excessive use of force is where officer resort to legal force too frequently to accomplish legal objectives. Less-Than-Lethal Force As discussed in a previous lecture, less-than-lethal force is a term that can appear to be misleading to the public as any use of force can result in fatal consequences. Police departments use various forms of less-than-lethal force in that this level is any use of force that is not intended or likely to lead to death or serious physical injury. These most common approaches are through various police instruments, such as pepper spray, tasers, and batons. Use-of-Force Continuum Most police departments have adopted a use-of-force continuum for their use-of-force guidelines. This continuum outlines the level of force that officers can use when subduing a suspect. It is based on the principle that officers should use only the reasonable force necessary to effect the arrest or subdue a suspect. The physical presence of an officer based on the officer’s authority is the first use-of-force continuum. Many suspects become subdued
CRJU113 - Lecture 7 9 or cooperative in the presence of an officer. Many people recognize a police officer’s authority to intervene in situations. The soft hands technique refers to a situation in which an officer physically grabs a suspect to control him or her. This technique is used to prevent a situation from escalating. Pepper spray and conduct energy devised are used when the soft-handed approach has failed. Paoline (2013) observed that pepper spray and conduct energy devices are often placed between the passive or cooperative stage and the assaultive stage of resistance. Hard hands and batons are the next level of force and should be used with caution as they can result in substantial injury. And finally, when all levels have been exhausted or if the officer cannot overcome the suspect under any other physical means, the officer can threaten to use deadly force by unholstering his or her firearm. The final level would be the actual discharge of his or her firearm, resulting in the deadly force used. Fleeing Felon Rule The fleeing felon rule is a common law that holds that all law enforcement agencies can, if necessary, use deadly force to apprehend any fleeing felony suspect. This act evolved from a common law beginning in traditional medieval England when all felonies were capital offenses (loss of life and death penalty). Due to very few official police in medieval times, very few escaping felons were apprehended, and this law allowed the killing of a felon who was fleeing the scene. Through this rich history, the adaptation of this rule has since been modified and moderated more easily due to the efficient armed police officers and modernized technology and communications to aid in such an apprehension of fleeing felons. In addition, the legality and morality of a fleeing felon rule would come into question due to our legal concept of presumption of innocence. The Tennessee versus Garner case shaped that deadly force on an unarmed fleeing felon is unconstitutional unless it is necessary to prevent escape and the officer had probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. Greathouse (2011) adds that a critical argument is that the standard is much too restrictive, ambiguous, and unrealistic, in that it imposes an impossible burden on an officer to determine in a split second whether a fleeing felon is dangerous to the officers or to others. Lesson 3 Recap The final transition from these use of force continuums and understanding what factors into a fleeing felon will blend into the phenomenon of police decision making and the discrimination factors. Lesson 3 Completed! Thank you! You have completed this lesson. Please scroll down to complete a short, ungraded Knowledge Check activity
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CRJU113 - Lecture 7 10 Check Your Knowledge 3 Factors that are aligned under the use of force against a citizen are a. Severity of the crime b. Whether the suspect is a flight risk or attempting to escape custody c. If suspect is actively resisting arrest and possess a threat to the officer or others d. All the above (correct answer) What would be the first use-of-force continuum? a. Threat of deadly force b. Deadly force used c. Pepper spray d. Physical presence of the officer based on the officer’s police authority (correct answer) What would be the final use-of-force continuum when all other stages have been exhausted? a. Deadly force used (correct answer) b. Soft hands c. Police baton d. Hard hands Which landmark Supreme Court case ended the use of the fleeing felon rule? a. Mapp V. Ohio b. Tennessee V. Garner (correct answer) c. Graham V. Connor d. Terry V. Ohio What is a popular conducted energy device used in less-than-lethal force? a. Pepper spray (correct answer) b. Foam rubber bullets c. Taser d. Bean bags Lesson 4 – Police Decision Making & Discrimination Police Decision Making Police officers must make several critical decisions during their interactions with citizens and in the performance of their duties. To make decisions, officers use normative criteria such as responsibility and blameworthiness as well as pragmatic and efficiency criteria such as the likelihood of conviction, the amount of time and effort needed, and the organizational barriers that may prevent the desired result. Because officers have much legal authority and make many critical decisions that affect citizens’ liberty and safety, it is
CRJU113 - Lecture 7 11 important to understand how officers arrive at their decisions and the societal consequences of these decisions The nature of policing work requires officers to make decisions about whether the criminal justice process will be initiated. Police officers have a wide latitude to decide whether to act when they observe someone who appears to be violating the law. Police officers have the option to ignore a situation altogether or may decide to investigate further. Even after an arrest, a police officer’s power to influence the criminal justice process is considerable. Officers may decide not to seek formal charges or may request the filing of a less serious charge. In making these decisions, officers effectively determine who is subject to the criminal justice process. This decision-making process can be categorized by neighborhood factors, organizational factors, situational factors, and individual officer characteristics. Situational & System Variables Situation variables are a key term that explains the nuances of the interaction between police officers and citizens. This is the context in which officers perform police activities. The single most important factor in an officer’s decision-making is the seriousness of the offense. These decisions are further influenced by factors such as the presence of a weapon or the offender’s prior criminal record. The presence of a weapon generally results in police officers taking official action. Another situation variable is the police visibility of an event and the presence of others. This allows police the opportunity to make decisions that are often concealed from the general public’s view. This blend with neighborhood factors is important in that creating and maintaining a trustworthy relationship with a community can be a difficult task to accomplish because of misconceptions. This is unique within minority-dominated populations that are comparatively less off than other groups. If police relationships are poor with their communities, then it affects the community’s willingness to report crimes which results in an increase in crime. A system variance is the idiosyncrasies (temperament) of the criminal justice system that may influence officers to exercise their discretion. Even beyond the system’s capacity is the officer’s perception of inequities in the law and the justice system that stem from statutes that are overreaching, ambiguous, obsolete, or contrary to the community’s needs and expectations. This can result in some police officers over-enforcing the law, while others under-enforce the law. These community expectations must be considered as they can influence an officer’s interpretation and application of the law.
CRJU113 - Lecture 7 12 Discrimination Factors/ Trends/ Progress in Discrimination Discrimination in policing entails a long history dating back to early 20 th - century policing, with predominantly women and minorities. Discrimination is the unequal treatment of persons in personnel decisions. This can range from hiring, promotion, and firing based on race, religion, national origin, gender, or sexual orientation. Women in early policing began with the appointment of Alice Wells, the first commissioned Los Angeles, California police officer in 1920. This minority had faced an enormous uphill struggle for the right to wear the uniform and perform the same basic police duties that men had performed for years. It was presumed that women, because of their gender and typical size, were not capable of performing the same type of patrol duty as men. Men also did not want their behavior inhibited in any way by the presence of women on the job. The Civil Rights Act of 1964 and the National Commission to study discrimination have both worked to connect police with women and minorities while paving the way for the role of women in United States police departments. These rights barred discrimination based on sex. Today’s female police officers are much like their male counterparts with similar concerns and goals, including salary, benefits, and opportunities as dedicated police officers. From World War II until the 1970s, women constituted only a small percentage of U.S. police officers. Early female officers were restricted from issuing parking tickets or performing routine clerical tasks. In the article titled “Women in Policing,” Ivonne Roman outlines challenges with female officers against the physical ability test (PAT); and how these physical tests might screen out female applicants with high test work abilities. As you read the article, consider the following questions: What is the importance of the PAT regarding the physical demand of policing? What is the validity of these tests and what argument can be made based upon the higher failure rate versus males? Women in Policing Takeaways: Police officers are all required to perform physical demands while on the road and are typically trained with updated physical self-defense to use of force techniques from their respective departments. However, the author states that unfair practice and male masculinity exists during police physical recruitment test and that female officer representation has stagnated due to stereotypes and creating formidable barriers for female applicants and women navigating the profession. It is the hope of improved police subcultures that female applicants are treated fairly and not challenged due to their gender.
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CRJU113 - Lecture 7 13 Lesson 4 Completed! Thank you! You have completed this lesson. Please scroll down to complete a short, ungraded Knowledge Check activity Check Your Knowledge 4 Four general categories of police decision-making are a. Neighborhood factors, organizational factors, situational factors, and individual officer characteristics (correct answer) b. Organizational factors, Community watch factors, broad factors, and individual officer characteristics c. Neighborhood factors, community watch factors, broad factors, and individual officer preferences d. Organizational factors, neighborhood factors, situational factors, individual officer preferences What type of neighborhoods tend to be comparatively less well-off versus other neighborhood groups? a. Minority-dominated (correct answer) b. Luxury-driven c. International-driven d. Middle-class dominated Who was the first policewoman in the United States in 1910? a. Alice Staub b. Alice Wells (correct answer) c. Adriana Wilson d. Abby Weinstein What act helped open the opportunity for woman to work in policing? a. 1964 Civil Rights Act (correct answer) b. 1972 Civil Ability Act c. 1960 Civil Rights Act d. 1974 Civil Ability Act What initiative worked toward stronger minority connections with policing? a. National Committee to study demographics b. National Commissions to study discrimination (correct answer) c. National Committee to study demographics d. National Commissions to study disparity Lecture Recap Police officers’ rights and disciple combined with the complex understanding of court criminal prosecution, liability, and discretion factors continue to help
CRJU113 - Lecture 7 14 shape and motivate officers to become more familiar with these outcomes. A continued training approach to the use of force and the effect of discrimination on logical decision-making are more ingredients in creating well-rounded, educated, ethically strong police officers. References Alpert, G. (2012). Police Officers’ Decision Making and Making a Stop, February 2012, NCJRS. Carter, M (2014). “Stop and Frisk Policies Approved in Seattle,” The Seattle Times, January 21, 2014, http://www.officer.com/news/11297357/stop-and- frisk-poicies-approved-in-seattle Davis, V. Township Police Department, Civil Action No-2:3-cv-1224. (Dist. W.D. Penn, 2013). Greathouse, M., (2011). Criminal Law- The Right to Run: Deadly Force and the Fleeing Felon, Tennessee v. Garner, Police Misconduct, A Reader for the 21st Century (Upper Saddle River, NJ: Prentice Hall, pp. 243-255. Kappeler, V. (2014). Critical issues in police civil liability (4 th ed). Prospect Heights, IL: Waveland. McDevitt, J. (2016). Police integrity, responsibility, and discipline. National Police Research Platform. Paoline, E. (2013). Police education, experience, and the use of force. Criminal Justice and Behavior , 34 (2), 19-196. Sauchelli, D. (2013). NYPD cops say they won’t go above and beyond the call of duty over “stop and frisk” lawsuits risk, New York Post . U.S. Conference of Mayors. (2010). Status report on hunger & homelessness city policy associates . Washington, D.C.