Cariol Horne

Last updated

Cariol Holloman-Horne
Police career
CountryFlag of the United States.svg  United States
AllegianceFlag of Buffalo, New York.svg  Buffalo
Department Buffalo Police Department
Service years1988–2008
RankSworn in as an Officer (1988)

Cariol Holloman-Horne [1] (previously known as Cariol Horne) is an American former police officer who was fired from the Buffalo Police Department and lost her pension after she physically stopped a fellow officer from chokeholding a handcuffed suspect in 2006. In October 2020, Buffalo adopted "Cariol's Law," to require police to intervene if a fellow officer uses excessive force. In 2021, a New York court awarded her the pension and back pay she earned.

Contents

Police career

In 1988, Horne joined the Buffalo Police Department. [2] On November 1, 2006, Horne responded to an Officer in Trouble call. When she arrived at and got into the residence, Officer Gregory Kwiatkowski had Neal Mack in handcuffs, cuffed in the front. [2] During the arrest, when Mack was outside, Horne observed Kwiatkowski using a chokehold, and has stated she yelled "Greg, Greg, you’re choking him," and "When he didn't stop, that's when I grabbed his arm from around Neal Mack's neck," and "That's when [Kwiatkowski] came up out of the crouched position and punched me in the face." [3] [2]

Kwiatkowski and other officers who had been present at the scene stated Horne endangered Kwiatkowski during the arrest. [3] [2] An internal investigation by the Buffalo Police Department did not find wrongdoing by Kwiatkowski and offered a four-day suspension to Horne that she did not accept. [4] In 2008, she faced 13 departmental disciplinary charges, and after a public hearing, 11 were sustained. [5] [2] She was fired in May 2008. [6] [7] The recommendation for her dismissal by the arbitrator was later upheld in 2010 after she appealed the decision in court. [8] [7] Her firing happened months before she was eligible for a full pension. [2] [6]

In 2011, following a lawsuit filed by Kwiatkowski against Horne and her attorney for defamation, [9] Kwaitkowski won a $65,000 judgment against Horne, [2] and the court found the attorney made several defamatory and false statements, including by stating Horne "saved the life of a suspect who was already in handcuffs and was being choked out by officer Greg Kwiatkowski." [10] In 2012, Mack lost a lawsuit filed against the Buffalo Police following a jury trial. [9]

In 2014, Kwiatkowski was convicted of a misdemeanor charge of deprivation of rights under color of law after a plea agreement in a case based on his 2009 use of excessive force against four handcuffed Black teenage suspects, and was sentenced to four months in prison and four months of home confinement. [7] [11]

Cariol's Law

In June 2020, Horne and other community activists announced the proposed legislation "Cariol's Law," to require officers to intervene against excessive force and to protect intervening officers from retaliation. [8] Horne helped draft the law and advocated for its passage since 2016. [12] In September 2020, the Buffalo Common Council passed "Cariol's Law," [13] and in October 2020, the mayor of Buffalo signed "Cariol's Law" as the Duty to Intervene law. [14] [4] [7]

Holloman-Horne now advocates for the Buffalo 'Duty to Intervene' law to become a national policy. [1] [15] [16]

Restoration of pension and back pay

In June 2020, the law firm Kirkland & Ellis accepted her case, and in October 2020, filed a lawsuit on her behalf for back pay and to restore her pension by overturning the termination of her employment. [5] In June 2020, Buffalo officials also indicated they were reexamining the case and asked for a state investigation. [17] [18]

In 2021, a New York State Supreme Court vacated the 2010 court ruling, and awarded her back pay and her pension. [19] The court wrote, "The legal system can at the very least be a mechanism to help justice prevail, even if belatedly," [20] and "The City of Buffalo has recognized the error and has acknowledged the need to undo an injustice from the past. While the Eric Garners and George Floyds of the world never had a chance for a ‘do over’, at least here the correction can be done." [21] [10]

The decision of the court was in part based on the passage of "Cariol's Law." [16] After the ruling, a spokesperson for the City of Buffalo stated, "The City has always supported any additional judicial review available to Officer Horne and respects the court's decision." [16] [19] [7]

Personal life

She is a mother of five children. [17]

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References

  1. 1 2 Peters, LaMonica (May 26, 2021). "Excessive force: Former police officer pushes 'Duty to Intervene' policy as a national standard". CBS8. Archived from the original on May 27, 2021. Retrieved June 6, 2021.
  2. 1 2 3 4 5 6 7 Ewing, Claudine (May 28, 2021). "Cariol Horne's long fight over 'doing the right thing'". 2WGRZ. Retrieved June 1, 2021.
  3. 1 2 Young, Robin; McMahon, Serena (July 21, 2020). "Former Police Officer Recounts Firing After She Stopped Fellow Cop's Chokehold". WBUR. Retrieved June 1, 2021.
  4. 1 2 Luscombe, Richard (April 15, 2021). "New York judge reverses firing of officer who fought colleague over chokehold". The Guardian. Retrieved June 1, 2021.
  5. 1 2 Sweeney, Annie (October 26, 2020). "Fired Buffalo police officer who contends she stopped another cop from choking a man finds new support — in Chicago". Chicago Tribune. Retrieved June 1, 2021.
  6. 1 2 Warner, Gene; Pignataro, T.J. (May 10, 2008). "Report criticizes actions by fired police officer Cariol Horne as unprofessional". Buffalo News. Retrieved June 6, 2021.
  7. 1 2 3 4 5 Wilkinson, Joseph (April 14, 2021). "Black Buffalo cop who stopped white officer from choking handcuffed Black suspect gets pension back 13 years after being fired". New York Daily News. Archived from the original on April 16, 2021. Retrieved June 6, 2021.
  8. 1 2 Mroziak, Michael (June 30, 2020). "Proposed 'Cariol's Law' would require Buffalo police officers intervene to stop excessive force". WBFO. NPR. Retrieved June 2, 2021.
  9. 1 2 "A Buffalo police officer says she stopped a fellow cop's chokehold on a black suspect. She was fired". CBS This Morning. CBS News. June 19, 2020. Retrieved June 2, 2021.
  10. 1 2 Siese, April (April 15, 2021). "Former Buffalo officer who stopped fellow cop's chokehold on suspect will get pension after winning lawsuit". CBS News. Retrieved June 6, 2021.
  11. ↑ Fairbanks, Phil (December 12, 2018). "Ex-Buffalo cop gets 4 months in prison in 2009 excessive force case". The Buffalo News. Retrieved June 2, 2021. Updated April 29, 2021
  12. ↑ "Cariol Horne, former officer who was fired after stopping 2006 chokehold, "kept fighting" for justice". CBS This Morning. April 15, 2021. Retrieved June 6, 2021.
  13. ↑ "Buffalo Common Council Passes Cariol's Law". WIVB4. September 30, 2020. Archived from the original on September 30, 2020. Retrieved June 1, 2021.
  14. ↑ Becker, Maki (October 28, 2020). "Mayor Byron Brown signs 'Cariol's Law'". Buffalo News. Retrieved June 6, 2021.
  15. ↑ Simko-Bednarski, Evan (April 15, 2021). "Black Buffalo police officer fired for trying to stop chokehold wins ruling, to get pension". CNN. Retrieved June 6, 2021.
  16. 1 2 3 Becker, Maki (April 16, 2021). "Fired Buffalo police officer wins lawsuit, will get her pension". The Buffalo News. Retrieved June 6, 2021.
  17. 1 2 Jones, Sheena (June 16, 2020). "A black officer stepped in when a white cop had a suspect in a chokehold. She was fired and the city wants an investigation". CNN. Retrieved June 1, 2021.
  18. ↑ McCausland, Phil; Smith, Allan (June 13, 2020). "Buffalo officials ask state to probe firing of Black officer who stopped white colleague's chokehold". NBC News. Retrieved June 1, 2021.
  19. 1 2 Knowles, Hannah (April 14, 2021). "Judge rules in favor of ex-Buffalo officer who said she was fired for stopping a colleague's chokehold". The Washington Post. Retrieved June 1, 2021.
  20. ↑ Bromwich, Jonah E. (April 13, 2021). "Court Vindicates Black Officer Fired for Stopping Colleague's Chokehold". The New York Times. Retrieved June 1, 2021.
  21. ↑ Sweeney, Annie (April 14, 2021). "With Chicago help, Buffalo officer earns court win in claim she was fired for stopping another cop from using chokehold". Chicago Tribune. Retrieved June 1, 2021.
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