Houston Republic

Incidents involving police officers abusing their power or using excessive force often go unreported in Texas, according to an urban policy expert.

“They just don't receive much attention,” said Charles Blain, president of the Urban Reform Institute.

For example, in Harris County last week a deputy pulled a gun on a driver on the South Loop, according to ABC News, and threatened to kill him.

Incidents of police officers abusing power “don’t receive much attention,” says the president of the Urban Reform Institute. | Sunyu Kim/Pexels

“But for a few mentions in local news outlets, the story went unnoticed,” Blain told the Houston Republic.

Through the Urban Reform Institute, Blain focuses on finding free-market solutions to urban issues and creating opportunities for all the nation's metropolitan areas. Originally from New Jersey, Blain relocated to Houston to join Texans for Greg Abbott's run for governor in 2014. Subsequently, the Fairleigh Dickinson University graduate worked with Empower Texans, a nonprofit that advocates for free market principles in Texas.  In his spare time, Blain volunteers with the Prison Entrepreneurship Program where he serves on the Houston advisory board.

According to the CATO Institute, qualified immunity protects police officers and other officials from liability when they break the law.

Congress introduced legislation to eliminate qualified immunity for police officers so that those who say they are victims of police brutality can file lawsuits and not be immediately dismissed, according to media reports.

Blain sees the qualified immunity doctrine, which was issued by the U.S. Supreme Court in 1967, as vague, misreported, and inaccurate. 

“Qualified immunity allows officers to know that they are protected as long as the action takes place while trying to stop a crime or threat but holding officers accountable for their actions would go a long way in combating excessive force as would stricter training and physical fitness requirements,” he said.

As previously reported by Lone Star Standard, most Texans support criminal justice reform legislation, including proposed George Floyd laws, HB 88, filed by Rep. Senfronia Thompson (D-Houston), and SB 161, filed by Sen. Royce West (D-Dallas).

 A survey by the University of Houston found that 72% of all Texans support George Floyd legislation with 52% strongly supporting and 20% backing it to some extent. Another 18% strongly oppose the proposed legislation. Some 91%, believe there should be a requirement for officers to intervene if they observe another using excessive force.

Blain said excessive force by police officers is often used to stop a threat.

“It can be hard to properly assess that threat in the heat of the moment,” he said. “In other instances, you have officers who aren't always properly trained who are policing areas that they themselves are afraid of being in, and that heightened fear can lead to a disproportionate reaction.”

Texas law allows lethal force against an individual who is suspected of a violent felony even when that person poses no immediate threat, according to state statute.

Blain, however, would like state and local governments to address the issue in a different manner.

“The state can look at more training, stricter physical fitness standards, and the local level should definitely address the connection with the police unions," he said. "Unions are often the ones standing in the way of local and state reforms and with their large war chests going to local and state officials, they often get their way.” 

Blain is not a proponent of defunding the police because he says it would only hurt poor and minority communities that rely on police protection that is paid for by their tax dollars. 

“They often don't have the finances to hire off-duty deputies or local security but the idea that some have of redirecting funds to services to address mental health, homelessness, and other root causes of police-civilian interactions is much needed and can go a long way in helping communities,” he said.