Duanna Johnson
Duanna Johnson (1965 - November 9, 2008), an African American transgender woman, was arrested in Memphis, TN on February 12, 2008. While at the police station, she was beaten by one officer while held down by another. The beating was captured by the police station's video surveillance, and sparked protest when leaked to the media. Johnson later launched a civil suit against the Memphis Police Department. Johnson was found dead in downtown Memphis on November 9, 2008, having suffered a gunshot wound to the head.
The Background
Duanna Johnson
On February 12, 2008, Johnson was arrested on a charge of prostitution, which was later dropped. Johnson was seen walking near Claybrook and Madison in Memphis, and later said that she believes the officer arrested her simply for being transgender in an area known to be frequented by transgender sex-workers. Johnson's lawyer said that the required elements for a prostitution arrest — a john, an exchange of sex for money — were absent in Johnson's arrest.1)
The Attack
Officers McRae and Swain
Johnson was booked at the Shelby County Criminal Justice Center in Memphis. 2) It was while Johnson was waiting to be finger printed that she was beaten by on officer, while another held her down, and maced when she refused to comply with an officers orders after the officer insulted her.
Johnson said the officer, Bridges McRae, called her over to be fingerprinted, but she chose not to respond to the derogatory name he called her. “Actually he was trying to get me to come over to where he was, and I responded by telling him that wasn't my name - that my mother didn't name me a 'faggot' or a 'he-she,' so he got upset and approached me. And that's when it started,” Johnson said. The officer then said, “I'm giving you one more chance to get up,” and then began putting on gloves and wrapping a pair of handcuffs around his knuckes.3)
An 18-minute video leaked from the Shelby County Criminal Justice Center had no audio, but showed officer McRae approached Johnson (who is seated) and repeatedly punching Johnson in the face. Another officer, rookie James Swain, came over and held Johnson's shoulders as she tried to ward off McRae's blows.4)
After taking several blows, Johnson stood up and swung back. But she sat back down and officer McRae maced her. The video shows other people in the room turning away and fanning their faces. McRae hit her in the face again. On the video, Johnson is handcuffed and left on the floor. Nurse who arrived on the scene went immediately to officer McRae. Johnson said no one checked on her or came to see that she was OK.
The Shelby county Sheriff's department reported that the nurse employed by the department was called to assess the situation. The nurse noted that Johnson had been sprayed with mace and asked if she was OK. She determined Johnson was not in an emergency situation, and left to make arrangements for the Memphis Police Department to transport Johnson to The Med for treatment. The nurse later returned to provide officer McRae with treatment for a cut5)
The Aftermath
Johnson filed a complaint against the Memphis Police Department in March 2008, related to the beating she received from officer McRae. However it was not Johnson's complaint that brought to light the video and the events it depicted. Officer McRae filed an internal complaint against the detective who was in the booking area, for not helping him. It was McRae's complaint that caused the video to be reviewed by the District Attorney and the FBI, and to finally become public. (See “Newscast 2” below.)
The following morning, the Memphis Police Department issued the following statement:
The Memphis Police Department does not condone any misconduct of a police officer that will compromise official law enforcement duties or the rights or safety of our citizens.
As it relates to the February incident that occurred at the jail facility, the police department has been conducting a thorough internal investigation. The details surrounding the complainant, witnesses and law enforcement officials’ statements are part of an ongoing investigation and can not be released at this time.
As a standard departmental policy, a full, impartial hearing will be held with the accused officer.
Memphis Police can confirm the work status of the two primary officers involved in this complaint. Officer J. Swain was a probationary officer and has been separated from the Memphis Police Department. Officer B. McRae has been placed on non-enforcement status pending an administrative hearing.
Memphis Police can also confirm the Federal Bureau of Investigation had been notified and requested to look into the complaint further.
Regards,
Detective Monique Y. Martin
Memphis Police Department
Office of Public Information/Media Relations
Memphis Mayor Willie Herenton said in an interview that the beating was “horrible” and “disgusting.” ”(It) shouldn't be tolerated, and all the parties involved should receive appropriate punishment,” Herenton said.
Officer Swain was fired immediately after the beating, and McRae was assigned desk duty pending a hearing to determine his fate.6)
Memphis Police Director Larry Godwin got the FBI involved after viewing the video. Godwin did not know how the video was leaked.7) According to WMC-TV, the video was leaked by Johnson's attorney, Murray Wells, who felt it was an outrage that McRae was not immediately fired and no disciplinary actions were forthcoming.
Johnson announced that she would file suit against the Memphis Police Department for violating her civil rights.8) On June 18, 2008, Johnson's lawyer gave the city an offer to settle the case for $1.3 million.9)
Community Reponse
On June 26, about 40 people gathered at First Congregational Church to discuss the beating Johnson received from police.
Officer McRae
After the leaked video of Johnson's beating was broadcast, another local family came forward with claims of a violent run-in with McRae. According to a federal lawsuit, on December 19, 2005, truck driver Kirby Lloyd parked his tractor trailer in his mother's backyard. Lloyd started his other car and went inside to greet his mother. The lawsuit says Lloyed was “accosted” by two Memphis police officer, including McRae, when he went outside, slammed onto the driveway with excessive force, and arrested for a “fictitious offense.”
Lloyd sued for $300,000 compensation for medical bills and lost wages. His sister, Kim Merrell, was also arrested that night, and filed suite for $300,000. Both cases were dismissed and are currently being appealed.10)
Johnson Arrested
On July 28, Johnson was arrested on charges of prostitution near a church or school, and possession of drug paraphernalia. According to police reports, Johnson flagged down an undercover officer, got into his car and said “I have some place to go. I have a three bedroom house on Dexter.” When the officer asked “What does it all cost?”, Johnson replied, “For everything, $30 and a beer.” The officer's report says that Johnson had condoms and a crack pipe in a purse.
Johnson's attorney, Arthur Horne, entered a not guilty plea for his client at arraignment. Horne added that the charges did not change what had happened to Johnson earlier.
“I think you can see from what has happened in the past, that she definitely is a public figure now, and people know who she is,” Horne said. “They're going to be watching her every move and we expected that.”
Johnson was scheduled to return to court in August 2008.11)
At the time of her arrest, the utilities at Johnson's small North Memphis home had been cut off for several months, and she needed to pay at least $2,400 to get them turned back on.12)
Johnson Murdered
On November 9, 2008, Johnson was found dead near downtown Memphis. Police found Johnson's body after responding to a shooting call. Three men were seen near the crime scene, but police have made no arrests and have announced no motive for Johnson's murder.13)
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