The U.S. Supreme Court on Tuesday vacated an appeals court ruling that supported a lengthy licensing process for hair-braiders in Missouri and ordered a judge in St. Louis to dismiss the case. The Supreme Court voided the 8th Circuit Court of Appeals opinion that upheld the previous cosmetology license requirements, because a new law, which is discussed in the background section, had already addressed it.
The Supreme Court didn't write a separate opinion, it simply reversed the 8th Circuit opinion. Therefore, the question of whether Missouri and other states within the 8th Circuit can require a cosmetology licensing for African hair braiders remains unanswered. However, the lawsuit which called the law into question in the first place is most likely the only reason the law was changed.
This case demonstrates why it is so important to understand and be able to use the law for your benefit. As we have said before, just because a law exists, doesn't mean it legitimate. You have a right and an obligation to question unfair and questionable laws!
Cases such as this is one of the reason Court.rchp.com exist; so people, especially those who have traditionally been oppressed can be empowered. Discover the hidden secrets of our legal and justice system with the information contained within Court.rchp.com.
African hair braiders sue over Missouri law
Ndioba Niang and Tameka Stigers are professional African-style hair braiders in Missouri, but are not licensed as cosmetologists or barbers. The Missouri Board of Cosmetology and Barber Examiners required hair braiders to be licensed as cosmetologists or barbers even though African-style hair braiding is not included in the cosmetology or barbering school curriculum, and the licensing tests barely test on subjects related to the practice.
In order to obtain a Missouri cosmetology license, one must pass a background check, undergo substantial training, and pass an exam. Before sitting for the exam, an individual must have: (1) graduated from a licensed cosmetology school with at least 1,500 hours of training; or (2) completed an apprenticeship of at least 3,000 hours; or (3) completed similar training in another state. Alternatively, obtaining a barbering license requires at least 1,000 hours of training at a licensed barber school or completion of an apprenticeship of at least 2,000 hours. Completing the necessary requirements for a license would have forced Ms. Niang and Ms. Stigers to incur significant costs for irrelevant training.
Four years ago, Ms. Niang and Ms. Stigers filed the federal lawsuit; they sued to vindicate their constitutional right to earn a living free of unreasonable government interference, and after losing in lower courts asked the Supreme Court to take their case. The original lawsuit, filed in 2014, complained that African-style hair-braiders were required to obtain a cosmetology license, which can cost thousands of dollars but doesn’t include any hair-braiding training.
When the lower courts considered the braiders’ challenge, they essentially ignored the evidence provided by the braiders that showed the licensing requirements were overly burdensome and did not sufficiently relate to the government’s asserted interests in public health and safety. In so doing, the lower courts applied a version of the rational basis test that is no more than a rubber-stamp of approval of government regulation. But that is not the proper application of the rational basis test.
The lawsuit was filed on behalf of Tameka Stigers, of Locs of Glory in St. Louis, and Ndioba “Joba” Niang, who runs Joba Hair Braiding in Florissant. Both have performed the hourslong braiding process for years without licenses and say they fear prosecution.
Joba Hair Braiding owner Ndioba Niang, a native of Senegal who later lived in France, said she completed 1,000 of the required 3,000 hours of cosmetology training at a cost of thousands of dollars before dropping out.
The Institute for Justice, which has filed suits across the country against regulation of various occupations, said the appeals court decision in the Missouri case was in conflict with other federal courts and the Supreme Court. Both the group and the Missouri attorney general asked the court to dismiss the case because of the change in the law, they said.
In May, the Missouri legislature passed a law easing requirements on hair-braiding that made the four-year lawsuit moot. Braiders are now exempted from the cosmetology license and a new specialty braiding license only requires that braiders pay a fee of $20, watch a four- to six-hour instructional video and submit to board inspections. Attendance at a licensed cosmetology school in Missouri can cost more than $16,000.
Fourteenth Amendment Jurisprudence
The Fourteenth Amendment states that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law.” Passed during Reconstruction, these provisions held the promise that freedman would finally be granted the same rights and protections as their white brethren. Yet less than five years after this amendment was enacted, the Supreme Court eviscerated the Privileges or Immunities Clause in what became known as the Slaughter-House Cases (1873).
There the Court held that the clause—which was supposed to protect substantive rights against state infringement—only guaranteed a limited set of federal rights, such as the right to access seaports, to use navigable waters, and to demand protection on the high seas (not exactly the key motivations for the Civil War). The ruling not only delayed the protection of African Americans’ civil rights, it left the Court’s Fourteenth Amendment jurisprudence hopelessly confused and contradictory.
Slaughter-House eventually led to the development of modern “substantive” due process doctrine as a makeshift bandage over the hole in the Fourteenth Amendment left by the unprotected privileges and immunities. While allowing the Court to protect some rights, the “incorporation” of certain rights through the Due Process Clause relegated other, often “economic” rights to second-class status. Instead of judges’ taking a hard look at the actual reasons a law was passed and asking whether the government has overstepped its constitutional bounds, infringements of the right to earn a living or the freedom of contract barely receive a passing glance. They are upheld unless nobody—not even the judge hearing the case!—could possibly imagine a legitimate rationale for the law. Suffice it to say, hardly any laws are struck down under this so-called rational-basis test.
What It Has to Do with Hair-Braiding
Enter Ndioba Niang and Tameka Stigers, both of whom are traditional African-style hair braiders attempting to support themselves by offering their services to willing customers. The Missouri Board of Cosmetology and Barber Examiners, however, demands that they first pay thousands of dollars to receive completely irrelevant training that has virtually nothing to do with hair-braiding. Applying the usual government-can-do-whatever-it-wants-regarding-economic-regulations level of judicial scrutiny, both the federal district court and the U.S. Court of Appeals for the Eighth Circuit upheld the licensing scheme.
You Shouldn’t Need a License to Braid Hair
This approach is wrong: ethically, historically, and legally. There is a long and well-documented history recognizing the right to earn an honest living as being at the center of the Anglo-American legal tradition and indispensable to the maintenance of a free and open society. Industry insiders often lobby for licensing laws and regulations—and then populate the boards or agencies tasked with enforcing the new rules as a means of limiting their competition. By contrast, those harmed are often politically powerless groups with limited means to fight back. But as long as the government says the magic words of “safety,” “health,” or “consumer protection” in asserting its restrictions, courts are content to turn a blind eye.
Because the right to earn a living is one of the basic rights that our Constitution was formed to protect, Cato has filed an amicus brief supporting the hair-braiders’ petition to the Supreme Court. We ask that the Court take Niang v. Tomblinson and establish that courts must meaningfully examine government incursions against this essential liberty, regardless where in the Fourteenth Amendment it finds the relevant right.
The background section was reprinted with permission under license from Cato at Liberty, with additional edits from other sources.
The Internal Revenue Service audited nearly 1.1 million tax returns last year, but that represented just 0.5 percent of all returns. That means the chances of getting audited are fairly low.
But if you are audited, there’s a good chance it’s because you claimed the earned income tax credit. That’s a credit the federal government offers to people who work, have kids to take care of and don’t earn much money. Most households who claim it earn between $10,000 and $40,000 a year. The average credit is for $2,400, but it can go above $6,000 for larger families.
The IRS audits a lot of people who claim this credit. When that happens, the IRS blocks the refund. Some people may actually end up owing tax instead of getting a refund.
Here is an actual audit notice sent to a taxpayer last year, which was provided to us by the taxpayer’s legal aid attorney. We’ve annotated it to provide important context and added links to helpful resources for those facing an IRS audit.
If you claim the credit and are audited, there’s an excellent chance it will be done entirely through the mail. Of the 1 million-plus audits the IRS conducted last year, less than three-quarters were done by mail, with the remainder by examiners in the field. But for those who claimed the earned income tax credit, nearly all — 92 percent — were done by mail.
In the example here, the audit is ongoing, meaning the IRS hasn't yet made a final determination and won’t release the refund until the audit is closed. And the forms don’t make clear why this taxpayer, or any other, is selected for an audit. But for those claiming the EITC, the main issue is typically whether they have what's called a “qualifying child.” In other words, if you are audited, it’s usually because the IRS doubts that the child or children you claimed on your tax return actually live with you or are related to you (biologically or through adoption or marriage).
Whether a child qualifies can be confusing. This IRS FAQ can be helpful.
No single IRS employee is in charge of an EITC audit. Instead, taxpayers are told to call a service center to speak with a tax examiner. If you call, you may speak with a different person every time.
This taxpayer claimed the EITC and had been expecting a refund of several thousand dollars. Instead, because the IRS believes she doesn’t qualify for the credit, she is being told that she owes $599.53. Almost all of that amount is tax, not interest or penalties.
Since this is an open audit, she doesn’t owe the money quite yet. The tax is legally owed after she receives a notice of deficiency, which would be a separate letter. This taxpayer eventually was able to reverse the IRS’ audit finding through the help of a lawyer with the Low-Income Tax Clinic program and the Taxpayer Advocate Service.
Taxpayers are responsible for notifying the IRS of their current address. So if this notice goes to an old address and isn’t forwarded, the taxpayer may lose the ability to respond to the audit notice. That doesn’t mean there’s no way to undo an IRS audit after it’s done, but it’s a lot harder.
Taxpayers can respond to audits on their own. However, your chances are much better with help. If you qualify for the EITC, then you will likely qualify for free legal help. Here is a directory of Low-Income Taxpayer Clinic locations. If, when the audit is finished, the IRS still does not agree that you qualify for the credit, the next step is usually to file a petition with the U.S. Tax Court.
To qualify for assistance from a low-income clinic, your household cannot make more than 250 percent of the federal poverty level. For example, a family of four living in the contiguous U.S., Washington, D.C., or Puerto Rico has to earn less than $62,750 per year in order to qualify. And the amount in dispute generally must be less than $50,000.
Once you receive the final notice of deficiency from the IRS, you legally owe the tax. Your best option then is to file a petition in Tax Court. If you don’t file within 90 days of receiving the notice of deficiency, you lose your chance to go to Tax Court. If you don't file a petition in Tax Court, the IRS may start to try to collect the tax you owe. You may still have a chance of undoing the audit finding through an audit reconsideration process, but that can take a very long time and your chances of success are lower.
This letter was signed by an IRS manager in Austin, Texas. These audits are generally computer-driven with minimal human interaction. However, if you respond to an audit, it will be reviewed by a human being. But that’s also why the IRS can take as long as six months to review documentation that you submitted.
Republished with permission undder license from ProPublica a Pulitzer Prize-winning investigative newsroom.
Christopher Duntsch’s surgical outcomes were so outlandishly poor that Texas prosecuted him for harming patients. Why did it take so long for the systems that are supposed to police problem doctors to stop him from operating?
The pain from the pinched nerve in the back of Jeff Glidewell’s neck had become unbearable.
Every time he’d turn his head a certain way, or drive over bumps in the road, he felt as if jolts of electricity were running through his body. Glidewell, now 54, had been living on disability because of an accident a decade earlier. As the pain grew worse, it became clear his only choice was neurosurgery. He searched Google to find a doctor near his home in suburban Dallas who would accept his Medicare Advantage insurance.
That’s how he came across Dr. Christopher Duntsch in the spring of 2013.
Duntsch seemed impressive, at least on the surface. His CV boasted that he’d earned an M.D. and a Ph.D. from a top spinal surgery program. Glidewell found four- and five-star reviews of Duntsch on Healthgrades and more praise seemingly from patients on Duntsch’s Facebook page. On a link for something called “Best Docs Network,” Glidewell found a slickly produced video showing Duntsch in his white coat, talking to a happy patient and wearing a surgical mask in an operating room.
There was no way Glidewell could have known from Duntsch’s carefully curated internet presence or from any other information then publicly available that to be Duntsch’s patient was to be in mortal danger.
In the roughly two years that Duntsch — a blue-eyed, smooth-talking former college football player — had practiced medicine in Dallas, he had operated on 37 patients. Almost all, 33 to be exact, had been injured during or after these procedures, suffering almost unheard-of complications. Some had permanent nerve damage. Several woke up from surgery unable to move from the neck down or feel one side of their bodies. Two died in the hospital, including a 55-year-old schoolteacher undergoing what was supposed to be a straightforward day surgery.
Multiple layers of safeguards are supposed to protect patients from doctors who are incompetent or dangerous, or to provide them with redress if they are harmed. Duntsch illustrates how easily these defenses can fail, even in egregious cases.
At least two facilities that quietly dumped Duntsch failed to report him to a database run by the U.S. Department of Health and Human Services that’s supposed to act as a clearinghouse for information on problem practitioners, warning potential employers about their histories.
“It seems to be the custom and practice,” said Kay Van Wey, a Dallas plaintiff’s attorney who came to represent 14 of Duntsch’s patients. “Kick the can down the road and protect yourself first, and protect the doctor second and make it be somebody else’s problem.”
It took more than six months and multiple catastrophic surgeries before anyone reported Duntsch to the state medical board, which can suspend or revoke a doctor’s license. Then it took almost another year for the board to investigate, with Duntsch operating all the while.
When Duntsch’s patients tried to sue him for malpractice, many found it almost impossible to find attorneys. Since Texas enacted tort reform in 2003, reducing the amount of damages plaintiffs could win, the number of malpractice payouts per year has dropped by more than half.
Duntsch’s attorney did not allow him to be interviewed for this story. Representatives from one hospital where he worked also would not respond to questions. Two more facilities said they could not comment on Duntsch because their management has changed since he was there, and a fourth has closed.
In the end, it fell to the criminal justice system, not the medical system, to wring out a measure of accountability for Duntsch’s malpractice.
The case was covered intensely by local and state media outlets. D Magazine, Dallas’ monthly glossy, published a cover story in 2016 with the headline “Dr. Death”; the nickname stuck.
Last year, Duntsch was convicted and sentenced to life in prison, becoming the first doctor in the nation to meet such a fate for his practice of medicine.
“The medical community system has a problem,” Assistant District Attorney Stephanie Martin said in a press conference after the verdict. “But we were able to solve it in the criminal courthouse.”
Glidewell was the last patient Duntsch operated on before being stripped of his license to practice medicine.
According to doctors who reviewed the case, Duntsch mistook part of his neck muscle for a tumor and abandoned the operation midway through — after cutting into Glidewell’s vocal cords, puncturing an artery, slicing a hole in his esophagus, stuffing a sponge into the wound and then sewing Glidewell up, sponge and all.
Glidewell spent four days in intensive care and endured months of rehabilitation for the wound to his esophagus. To this day, he can only eat food in small bites and has nerve damage. “He still has numbness in his hand and in his arm,” said his wife, Robin. “He basically can’t really feel things when he’s holding them in his fingers.”
Neither Glidewell, nor the prosecutors, nor even Duntsch’s own attorneys said they thought his outlandish case had been a wake-up call for the system that polices doctors, however.
“Nothing has changed from when I picked Duntsch to do my surgery,” Glidewell said. “The public is still limited to the research they can do on a doctor.”
For Duntsch, the path into medicine was unconventional and, perhaps, a reflection of his tendency to fixate on unlikely goals.
The first of these had been college football. Duntsch’s father had been a gridiron standout in Montana and Duntsch, though not a particularly talented athlete, was determined to follow in those footsteps. He trained hour after hour on his own and played linebacker on his high school team in Memphis, Tennessee. Classmates remember him as a turbine of sheer determination.
“He had his goal, his sight on a goal and whatever it took to get there,” said one classmate, who did not want to be named. “He wanted to go to college and play, and I can recall he was like 180 pounds and said, ‘I need to get to 220’ in order to be a linebacker at Colorado or Colorado State.”
He did get a football scholarship, but it was to Millsaps College in Mississippi. He yearned to transfer and play linebacker for a Division I team. He set his sights on the Colorado State Rams his sophomore year and made it as one of the few walk-on players. Chris Dozois, a fellow linebacker with the Rams, recalled Duntsch struggling, even with basic drills, but begging to run them over and over.
“He’d be, ‘Coach, I promise I can get this, let me do it again.’ He’d go through; he’d screw it up again,” Dozois said. “I gathered very quickly that everything that he had accomplished in sports had come with the sweat equity. When people said, ‘You weren’t going to be good enough,’ he outworked that and he made it happen.”
Homesick, Duntsch left Colorado after a year and transferred again to what was then Memphis State University, now the University of Memphis. He had hoped to play football, but he tearfully told Dozois his multiple transfers had taken away his eligibility.
It was then, Dozois recalled, that Duntsch set his sights on his next goal: to be a doctor. And not just any doctor — a neurosurgeon, operating on injured backs and necks.
After getting his undergraduate degree in 1995, Duntsch enrolled at the University of Tennessee at Memphis College of Medicine, in an ambitious program to earn both an M.D. and a Ph.D.
As part of the program, he worked in a research lab, studying the origins of brain cancer and the various uses of stem cells. For a time, after he earned his dual degrees in 2001 and 2002, it seemed he might make a career in biotechnology rather than treating patients.
As he did his surgical residency, Duntsch teamed up with two Russian scientists, recruited by the University of Tennessee, to explore the commercial potential of stem cells to revitalize ailing backs. They patented technology to obtain and grow disk stem cells, and in 2008, they launched a company, DiscGenics, to develop and sell such products. Two of Duntsch’s supervisors from the university were among the first investors.
While Duntsch appeared to be thriving during these years, more unsavory aspects of his life simmered below the surface.
In sworn testimony from 2014, an ex-girlfriend of one of his closest friends described a drug-fueled, all-night birthday celebration for Duntsch about midway through his residency. Revelers drank and used cocaine and pills, she said. At dawn, Duntsch slipped on his white coat and headed for rounds at the hospital.
“Most people, when they go binge all night long, they don’t function the next day to go to work,” she said in her deposition. “After you’ve spent a night using cocaine, most people become paranoid and want to stay in the house. He was totally fine going to work.”
One of the early investors in DiscGenics, Rand Page, said he was initially impressed with how Duntsch presented himself and the company, but as time passed, Page became wary of his new business partner.
“We would meet in the mornings, and he would be mixing a vodka orange juice to start off the day,” Page said. Once, he stopped by Duntsch’s house to pick up some paperwork. He opened a desk drawer to find a mirror with cocaine and a rolled-up dollar bill sitting on top of it.
Ultimately, Duntsch was forced out of DiscGenics and his partners and investors sued him over money and stock. (Representatives of DiscGenics declined to be interviewed for this story.)
The University of Tennessee said it could not comment on Duntsch, citing the confidentiality and privacy of medical students’ records, but Dr. Frederick Boop, chief of neurosurgery at the hospital where Duntsch did his residency, appears to have known about Duntsch’s substance abuse.
In a 2012 phone call recorded by a Texas doctor who contacted Boop because he was alarmed by Duntsch’s surgical errors, Boop acknowledged that an anonymous woman had filed a complaint against Duntsch, saying he was using drugs before seeing patients.
In the phone conversation, Boop said university officials had asked Duntsch to take a drug test, but he had avoided it, disappearing for several days. When he returned, he was sent to a program for impaired physicians and closely supervised for the remainder of his surgical training, Boop told the Texas doctor. (An attorney for the University of Tennessee said Boop would not respond to questions for this story.)
It’s not clear how much training Duntsch actually received, however.
After his arrest, the Dallas district attorney’s office subpoenaed every hospital on Duntsch’s CV for records of his surgeries, including those during his residency and subsequent one-year fellowship.
According to the Accreditation Council for Graduate Medical Education, a neurosurgery resident does about 1,000 operations during training. But according to records gathered by the DA, by the time Duntsch finished his residency and fellowship, he had operated fewer than 100 times.
Despite what Duntsch had told friends when he headed off to medical school, Page said Duntsch had staked his fortune on being a businessman, not a doctor.
“I don’t think his plan was ever to become a surgeon,” he said. When Duntsch was kicked out of DiscGenics, “I think the decision was made for him that he was going to have to enter into the medical community to support himself.”
Duntsch’s first job as a practicing physician was at the Minimally Invasive Spine Institute in the affluent Dallas suburb of Plano, which hired him in the summer of 2011, when he also received privileges to operate at Baylor Regional Medical Center.
The hospital welcomed Duntsch with a $600,000 advance. While no one from the practice agreed to be interviewed, they sent an email describing the recommendations they had gotten from Duntsch’s supervisors at the University of Tennessee medical school in Memphis.
“We were told Duntsch was one of the best and smartest neurosurgeons they ever trained, as they went on at length about his strengths,” they said in the email. “When asked about Dr. Duntsch’s weaknesses or areas for improvement, the supervising physician communicated that the only weakness Duntsch had was that he took on too many tasks for one person.”
In 2010, Boop faxed a recommendation for Duntsch to Baylor-Plano, checking off “good” or “excellent” in boxes asking about his skills and noting, “Chris is extremely bright and possibly the hardest working person I have ever met.” Another supervisor, Dr. Jon Robertson, who was an old family friend of the Duntsches and an investor in DiscGenics, noted on his recommendation that Duntsch had an “excellent work ethic.” (A University of Tennessee attorney said Robertson could not respond to questions.)
A vascular surgeon who operated at Baylor-Plano, Dr. Randall Kirby, said he met Duntsch soon after he started and found him to be an arrogant know-it-all.
“I would see him maybe once a week at the scrub sinks or in the doctor’s lounge,” Kirby said. “He is among giants up there, and he was trying to tell me over and over again how most of the spine surgery here in Dallas was being done inappropriately and that he was going to clean this town up.”
Duntsch lasted only a few months at the spine institute, not because his patients had complications, but because of a falling out with the other doctors over whether he was fulfilling his obligations.
One weekend in September 2011, Kirby said, Duntsch was supposed to be taking care of a patient. He went to Las Vegas instead. One of the partners, Dr. Michael Rimlawi, “was notified by the administration that the patient wasn’t getting rounded on, and Dr. Rimlawi then dismissed Dr. Duntsch after that,” Kirby said. (Rimlawi declined to comment for this story.)
Nonetheless, Duntsch still had privileges at Baylor-Plano, and on Dec. 30, 2011, he operated on a man named Lee Passmore.
At the time, Passmore was an investigator in the Collin County Medical Examiner’s office, just north of Dallas. He had undergone successful back surgery once before, but the pain had returned. Passmore’s pain specialist told him he didn’t have a back surgeon to whom he routinely referred patients, but that he’d gone to lunch recently with one who “seemed like a guy that knew what he was talking about,” Passmore recalled in court testimony.
Vascular surgeon Mark Hoyle assisted with the operation. In later testimony, he said he watched in alarm as Duntsch began to cut out a ligament around the spinal cord not typically disturbed in such procedures. Passmore started bleeding profusely, so much so that the operating field was submerged in a lake of red. Duntsch not only misplaced hardware in Passmore’s spine, but he stripped the screw so it could not be moved, Hoyle testified. At one point, Hoyle said, he either grabbed Duntsch’s scalpel or blocked the incision — he could not remember which — to keep Duntsch from continuing the procedure. Then Hoyle said he left the operating room and vowed never to work with Duntsch again. (In response to a request for comment, Hoyle sent a note saying he was through talking about Duntsch.)
Passmore did not respond to requests for comment for this story. Passmore has testified that he lives with chronic pain and has trouble walking as a result of Duntsch’s errors.
The next patient Duntsch operated on was Barry Morguloff.
Morguloff ran a pool service company. He had worn out his back working in his father’s import business, helping to unload trucks. “It took a toll on my back even with back supports and exercise and a strong core,” Morguloff said. His pain returned after an earlier back surgery, but the surgeon recommended exercise and weight loss, not another procedure.
A pain specialist gave Morguloff Duntsch’s card.
“Everything that I read when we first got his card — outstanding reviews, people loved him. I read everything I could about this guy,” Morguloff said. He set up an appointment and found himself impressed by Duntsch’s easy confidence.
“Phenomenal, great guy, loved him,” Morguloff recalled. Most importantly, he added, “I was in pain and somebody, a neurosurgeon, said, ‘I can fix you.’”
His surgery, an anterior lumbar spinal fusion, took place on Jan. 11, 2012. At the request of a head-and-neck surgeon also on the case, the vascular surgeon assisting Duntsch was Kirby. Kirby said it should have been a routine case.
“In the spectrum of what a neurosurgeon does for a living, doing an anterior lumbar fusion procedure’s probably the easiest thing that they do on a daily basis,” he said.
But Duntsch quickly got into trouble. Instead of using a scalpel, he tried to pull Morguloff’s problem disk out with a grabbing instrument that could damage the spine. Kirby said he argued with Duntsch, even offering to take over, but Duntsch insisted he knew what he was doing. Kirby left the room.
Morguloff awoke in excruciating pain.
His previous surgeon testified at Duntsch’s trial that the procedure had left bone fragments in Morguloff’s spinal canal. The surgeon said he repaired what damage he could, but Morguloff still walks with a cane. As scar tissue builds up, his pain will worsen and his range of motion will decrease. One day, he will likely be in a wheelchair.
“As time goes on, the scar tissue and everything builds up, and I lose more and more function of that left side,” he said. “I do my best to stay active. But some days I just can’t get moving. The pain is continuous.”
Soon after the Morguloff surgery, Duntsch took on a patient who was also an old friend.
Jerry Summers had played football with Duntsch in high school and helped with logistics at the research lab during his residency. When Duntsch took the job in Dallas, he asked Summers to move with him and help set up his practice. They lived in a downtown luxury high-rise while Duntsch shopped for a house.
In a deposition he gave later to the district attorney, Summers said he asked Duntsch to operate on him because he had chronic pain from a high school football injury that had gotten worse after a car accident. After the February 2012 surgery, however, Summers couldn’t move from the neck down.
According to doctors who later reviewed the case, Duntsch had damaged Summers’ vertebral artery, causing it to bleed almost uncontrollably. To stop the bleeding, Duntsch packed the space with so much anticoagulant that it squeezed Summers’ spine.
For days after the operation, Summers lay in the ICU, descending into a deep depression. “Jerry was calm with Chris,” said Jennifer Miller, then Summers’ girlfriend, “but all Jerry would say to me is: ‘I want to die. Kill me. Kill me. I want to die.’”
One morning, Summers began screaming and told several nurses that he and Duntsch had stayed up the night before the surgery doing eight-balls of cocaine. In truth, the night before the surgery Summers and Miller had dinner at a local restaurant and watched the University of Memphis basketball team play Southern Mississippi on the bar TV.
In his 2017 deposition, Summers acknowledged he made up the pre-surgery cocaine binge because he felt Duntsch had abandoned him, as both his surgeon and his friend.
“I was just really mad and hollering and wanting him to be there,” Summers said. “And so I made a statement that was not something that was necessarily true. … The statement was only made so that he might hear it and go, ‘Let me get my ass down there.’”
Baylor officials took Summers’ accusation seriously and ordered Duntsch to take a drug test. As at the University of Tennessee, he stalled at first, telling administrators he got lost on the way to the lab. He passed a separate psychological evaluation and, after three weeks, was allowed to operate again, but he was told to stick to relatively minor procedures.
His first patient after his return was elementary school teacher Kellie Martin, who had a compressed nerve from falling off a ladder as she fetched Christmas decorations from her attic. During the surgery, records show, Martin’s blood pressure inexplicably plummeted.
As she regained consciousness after the surgery, the nurses tending to Martin testified that she began to slap and claw at her legs, which had turned a splotchy, mottled color. She became so agitated the staff had to sedate her. She never reawakened. An autopsy would later find that Duntsch had cut a major vessel in her spinal cord, and within hours, Martin bled to death.
Baylor-Plano again ordered Duntsch to take a drug test. The first screening came back diluted with tap water, but a second, taken a few days later, came up clean. Hospital administrators also organized a comprehensive review of Duntsch’s cases, after which they determined that his days at the facility were over.
But — importantly — they did not fire him outright. Instead, he resigned, leaving on April 20, 2012, with a lawyer-negotiated letter saying, “All areas of concern with regard to Christopher D. Duntsch have been closed. As of this date, there have been no summary or administrative restrictions or suspension of Duntsch’s medical staff membership or clinical privileges during the time he has practiced at Baylor Regional Medical Center at Plano.”
Since Duntsch’s departure was technically voluntary and his leave had been for less than 31 days, Baylor-Plano was under no obligation to report him to the National Practitioner Data Bank.
The databank, which was established in 1990, tracks malpractice payouts and adverse actions taken against doctors, such as being fired, barred from Medicare, handed a long suspension, or having a license suspended or revoked.
The information isn’t available to the public or other doctors, but hospital administrators have access to the databank and are supposed to use it to make sure problem doctors can’t shed their pasts by moving from state to state or hospital to hospital. Robert Oshel, a patient safety advocate and former associate director of the databank, says that hospitals are required to check all applicants for clinical privileges and once every two years for everyone who has clinical privileges.
Many hospitals, however, hesitate to submit reports to the databank, worrying that doing so may hurt doctors’ job prospects or even prompt lawsuits.
“What happens sometimes is that doctors are allowed to resign in lieu of discipline so that the hospital can protect its perceived legal liability from the doctor,” said Van Wey, the Dallas trial lawyer. “If Dr. Duntsch was unable to get privileges at other hospitals, theoretically Dr. Duntsch could have sued Baylor and said: ‘Look, I could be making $2 million a year here. … You owe me $2 million for the rest of my life.’”
According to a report by Public Citizen, a consumer watchdog group, about half the hospitals in the country had never reported a doctor to the databank by 2009. A more recent analysis didn’t find much change, said Dr. Sid Wolfe, a founder of Public Citizen’s Health Research Group.
Despite his string of problems at Baylor-Plano, Duntsch also wasn’t reported to the Texas Medical Board, the state’s main purveyor of doctor discipline. Such boards often move slowly, but if hospital officials submit material they’ve gathered to justify letting a doctor go, boards can act to protect patients from imminent harm.
“Had Baylor’s action been reported appropriately, I would anticipate the board would have met within days to have an immediate suspension,” said Dr. Allan Shulkin, a Dallas pulmonologist who was on the medical board in 2012.
The board would still have conducted an investigation, but Duntsch would not have been allowed to operate while it was going on, Shulkin said. He was visibly angered by Baylor-Plano’s failure to report. “What’s the worst that can happen, a lawsuit?” he said. “Come on. These are people dying, and we’re stopping because you’re afraid of a lawsuit?”
Two years after Duntsch left Baylor-Plano, the hospital’s decision not to report its review of his work or its results prompted an investigation by state health authorities. The hospital was hit with a violation and fined $100,000 in December 2014, but a year later, the citation and penalty were withdrawn. The Texas Health and Human Services Commission would not explain why, saying the records were confidential.
Hospital officials declined to be interviewed for this story, submitting a written statement instead.
“Our primary concern, as always, is with patients,” it said. “Out of respect for the patients and families involved, and the privileged nature of a number of details, we must continue to limit our comments. There is nothing more important to us than serving our community through high-quality, trusted healthcare.”
Duntsch’s next stop was Dallas Medical Center, which sits outside Dallas’ northern edge in the city of Farmers Branch. Baylor-Plano officials might have thought any future employer would contact them before hiring him and they could share information confidentially, but Dallas Medical Center granted Duntsch temporary privileges while its reference checks were still going on.
On July 24, 2012, Duntsch operated on Floella Brown, 64, a banker about to retire after a long career. She had come to Duntsch for cervical spine surgery to ease her worsening neck and shoulder pain.
About a half hour into Brown’s surgery, Duntsch started to complain that he was having trouble seeing her spine.
“He was saying: ‘There’s so much blood I can’t see. I can’t see this,’” said Kyle Kissinger, an operating room nurse. He kept telling the scrub tech “’suck more, suck more. Get that blood out of there. I can’t see.’ That’s really concerning to me because, not only that he can’t do it correctly when he can’t see that but, why is it still bleeding?”
Brown bled so much that blood was saturating the blue draping around her body and dripping onto the floor. The nursing staff put down towels to soak it up.
After the operation, Brown woke up and seemed fine, but early the next morning she lost consciousness. Pressure was building inside her brain for reasons that were unclear at the time.
That same morning — with Brown still in the ICU — Duntsch took another patient into surgery.
The patient’s name was Mary Efurd. She was an active 71-year-old who’d sought Duntsch’s help because back pain was keeping her off her treadmill.
Duntsch arrived at the hospital about 45 minutes after Efurd’s surgery had been set to start, Kissinger said. He spotted a hole in Duntsch’s scrubs. “It’s on the butt cheek of his scrubs. He didn’t wear underwear. That’s why it really shined down to me,” Kissinger said. The nurse realized he’d seen that hole for three straight days — Duntsch apparently hadn’t changed his scrubs all week. Kissinger also noticed that Duntsch had pinpoint pupils and hardly seemed to blink.
When Duntsch arrived, the staff told him that Brown, his patient from the day before, was in critical condition.
Soon after beginning Efurd’s surgery, Duntsch turned to Kissinger and told him to let the front desk know he would be performing a procedure on Brown called a craniotomy, cutting a hole in her skull to relieve the pressure in her brain. Problem was, Dallas Medical Center did not perform those, or even have the proper equipment to do them.
As he operated on Efurd, Duntsch quarreled first with Kissinger and later with his supervisors, insisting on a craniotomy for Brown, according to court testimony. All the while, the operating room staff questioned whether Duntsch was putting hardware into Efurd in the right places and noticed he kept drilling and removing screws.
In the end, Duntsch did not perform a craniotomy on Brown. She was moved to another hospital but never regained consciousness. In court, her family said they withdrew life support a few days later. A neurosurgeon hired to review her case would later determine that Duntsch had both pierced and blocked her vertebral artery with a misplaced screw. The review also found that Duntsch misdiagnosed the source of her pain and was operating in the wrong place.
The day after her surgery, Efurd awoke in agony. She couldn’t turn over or wiggle her toes. Hospital administrators called Dr. Robert Henderson, a Dallas spine surgeon, to try to repair the damage.
Shortly after he arrived at the hospital, Henderson pulled up Efurd’s post-operative X-rays. When he saw them, he said, “I’m really thinking that some kind of travesty occurred.” That impression only grew when Henderson reopened Efurd’s freshly made incisions the next day. “It was as if he knew everything to do,” Henderson said of Duntsch, “and then he’d done virtually everything wrong.”
There were three holes poked into Efurd’s spinal column where Duntsch had tried and failed to insert screws. One screw was jabbed directly into her spinal canal. That same screw had also skewered the nerves that control one leg and the bladder. Henderson cleaned out bone fragments. Then he discovered that one of Efurd’s nerve roots — the bundle of nerves coming out of the spine — was completely gone. For some inexplicable reason, Duntsch had amputated it.
The operation was so botched, Henderson recalled thinking Duntsch had to be an impostor passing himself off as a surgeon. Even after Henderson’s repairs, Efurd never regained her mobility and now uses a wheelchair. (In an email, Efurd said that discussing what happened to her again would take a toll on her health.)
By the end of the week, hospitals administrators told Duntsch he would no longer operate at Dallas Medical Center. But, as had happened at Baylor-Plano, Duntsch was allowed to resign and the hospital didn’t notify the National Practitioner Data Bank. Dallas Medical Center officials said the hospital had different managers when Duntsch worked there and that current administrators could not comment on his work or the circumstances under which he left.
Duntsch would continue to operate. In fact, his career in Dallas was only about half over.
After Duntsch’s disastrous run at Dallas Medical Center, he was finally reported to the state medical board. The first report came from Shulkin, the Dallas physician who served on the board, who had been told of the surgeries on Efurd and Brown. Other doctors started complaining, too.
“Once I heard about those cases, I called the medical board,” said Kirby, the vascular surgeon who had been present for Morguloff’s surgery. “I said: ‘Listen, we’ve had egregious results at Baylor-Plano. He was not reported to the databank. We’ve had egregious results at Dallas Medical Center. He’s got to be stopped.’”
After being called in to help Efurd, Henderson, too, made it his personal mission to stop Duntsch from operating. He called Boop at the University of Tennessee to ask about Duntsch’s training and spoke to officials at Baylor-Plano hospital. He also called the state medical board.
When a couple of months passed and they didn’t hear about more bad outcomes, Henderson and Kirby said they assumed perhaps Duntsch’s mistakes had finally caught up with him.
Then, in December 2012, Kirby was asked to help Jacqueline Troy, a patient suffering from a severe infection. (The Troy family would not comment for this story.) Troy was being transferred to a Dallas hospital from a surgery center in the suburb of Frisco. She’d had neck surgery, but the surgeon had cut her vocal cords and one of her arteries. When Kirby learned the details, he asked the doctor who referred the case to him about the surgeon: “Is it a guy named Christopher Duntsch?”
Duntsch had managed to get a job at Legacy Surgery Center, an outpatient clinic. (The ownership of the clinic has changed and the new owners declined to comment for this story.)
Soon after Troy’s surgery, Duntsch was finally reported to the National Practitioner Data Bank, though not by any of his previous employers. A report dated Jan. 15, 2013, obtained by an attorney representing one of Duntsch’s patients, shows that Methodist Hospital in the Dallas suburb of McKinney had reported Duntsch after denying him privileges six months earlier. Their rejection was based on Duntsch’s “substandard or inadequate care” at Baylor-Plano. (Methodist McKinney declined to comment for this story.)
But even after the report to the databank, Kirby was stunned to discover another hospital had given privileges to Duntsch. In May 2013, he was invited to a “Meet Our New Specialist” dinner thrown by University General hospital at a Dallas restaurant. The event was to celebrate the arrival of a new neurosurgeon: Christopher Duntsch.
“I called down there and raised holy hell,” Kirby said.
University General, formerly known as South Hampton Community Hospital, had a troubled history: two bankruptcies and a former CEO sentenced to prison for health care fraud. Purchased for $30 million in 2012 by a Houston-based company, University General was one of only three hospitals serving Dallas’ southern half, an area that spans 200 square miles and includes more than 560,000 people. The surrounding community was hoping for a turnaround.
The hospital is now closed, and its administrators from that time did not respond to questions about why they hired Duntsch.
It likely came down to simple economics. According to the health care analysis firm Merritt Hawkins, the average neurosurgeon is worth $2.4 million a year in revenue to a hospital.
“That’s a dream for a hospital administrator,” Kirby said.
It’s also a virtual employment guarantee for a doctor with Duntsch’s credentials, Dallas neurosurgeon Dr. Martin Lazar said.
“I don’t think it’s because of our charm,” Lazar added dryly. “We are like a cash cow.”
It was at University General that Glidewell had his neck surgery, knowing none of Duntsch’s by then two-year history of botching operations.
Glidewell’s back problems had begun almost a decade earlier, in 2004, when he broke his back in two places in a motorcycle accident. After a year of rehab, he tried to go back to his job working on air conditioning systems but lasted only months before the pain stopped him. He left his first meeting with Duntsch elated and filled with hope.
“I was actually so happy with the way it went that I called my wife and my mother and said, ‘I think I found somebody on my insurance that’s gonna fix my neck,’” he said.
The day of the surgery began ominously. That morning, “We pulled out of the driveway, and soon as we started going forward down the street, a black cat ran across the front of the car,” Glidewell said. “I said, ‘Oh, Lord, this is not good.’ We turned the corner, and when we got on the first county road, and another one. Turning into the hospital, another one.”
Three black cats on the way to the hospital. “I said, ‘We need to just turn around and go home.’”
Once at the hospital, Glidewell and his wife waited. And waited. Three hours late, they said, Duntsch finally arrived in a cab. “He had on jeans that were frayed at the bottom,” Glidewell said. “He didn’t look like he was ready for a surgery.”
Reluctantly, Glidewell went ahead. But hours later, Duntsch came out and told Glidewell’s wife that he had found a tumor in Glidewell’s neck and aborted the procedure.
“I was devastated, crying,” Robin Glidewell recalled. She went to see her husband in the recovery room. “Immediately, Jeff was: ‘Where is the doctor? I can’t move my arm or my leg.’ He was having trouble even talking and said, ‘Something’s wrong, something’s wrong.’”
There was no tumor, but Duntsch had made a series of errors after mistaking a portion of Glidewell’s neck muscle for a growth, according to a review of the case.
The owner of University General heard about what happened to Glidewell and called Kirby to try to mitigate the damage.
“I, with reluctance, went down there and met the Glidewell family and took care of him,” Kirby said. Glidewell was spiking fevers and was transferred to another hospital for care. He would remain there for months.
“This was not an operation that was performed,” Kirby said. “This was attempted murder.”
By the time Duntsch operated on Glidewell, the state medical board had been investigating him for about 10 months.
Frustrated by the board’s inaction, Henderson had called the lead investigator six months earlier to beg for faster intervention. In a recording Henderson made of the call, he says, “This is a bad, bad guy, and he needs to be put on the fast track if there’s such a thing.” She tells him she wishes they could suspend his license while they investigate, but the board’s attorneys wouldn’t go for that.
Kirby sent the board a five-page letter on June 23, 2013, spurred by what had happened to Glidewell. “Let me be blunt,” it said. “Christopher Duntsch, Texas Medical Board license number N8183, is an impaired physician, a sociopath, and must be stopped from practicing medicine.” Robin Glidewell also sent a letter, describing what happened to her husband.
By then, Brett Shipp, a reporter from Dallas’ ABC affiliate, had gotten tips about the board’s slow-moving investigation of Duntsch from a friend of one of Duntsch’s patients and a plaintiff’s attorney. “Very shortly after I contacted them,” Shipp said, “they suspended his license.”
On June 26, Duntsch was ordered to stop operating. The head of the medical board at the time, San Angelo family physician Dr. Irvin Zeitler, said the investigation took a while because “it’s not uncommon for there to be complications in neurosurgery.”
It also struck the board as highly improbable that a surgeon fresh out of training could be so lacking in surgical skill.
“So none of us rushed to judgment,” Zeitler said. “That’s not fair, and in the long run, it can come back to be incorrect. To suspend a physician’s license, there has to be a pattern of patient injury. So that was, ultimately that’s what happened. But it took until June of 2013 to get that established.”
Even after the board acted, those most involved in trying to keep Duntsch from operating were afraid it would not be the end of his career.
“I was terrified of that term, ‘suspended,’” Henderson said. “I mean, that indicates that he might get it back at some point in time, and I was already aware of the fact of how glib Dr. Duntsch was, and how disarming he was, and how friendly and intelligent he appeared whenever he introduced himself to people that he wanted to impress. I was concerned that he would do the same thing in getting his license back whether it was six months later, a year later, two years later.”
Kirby, Henderson and another doctor decided to contact the district attorney, convinced that Duntsch’s malpractice was so egregious it was criminal. They met with an assistant DA but got little traction.
On Dec. 6, 2013, the medical board permanently revoked Duntsch’s license.
He left Texas, moving in with his parents in Colorado and filing for bankruptcy, claiming debts of around $1 million. His life seemed to go into a free fall. In January 2014, he was pulled over by police in southern Denver around 3:30 a.m. Officers said he was driving on the left side of the road with two flat tires. When he opened the window, they smelled the sour tang of alcohol and spotted an empty bottle of Mike’s Hard Lemonade on the floor of the car. A full one was sitting in the console. After a breath test, Duntsch was arrested for DUI and sent to a detox facility.
Even though he was living in Colorado, he continued to return to Dallas to see his two sons. His older son had been born back when he at Baylor-Plano. His girlfriend, Wendy Young, had a second son in September of 2014.
The following spring, in March, police were called to a bank in Northeast Dallas after passers-by noticed a man with blood on his hands and face beating on the doors. It was Duntsch, babbling about his family being in danger. He was wearing the shirt of his black scrubs. It was covered in blood. Officers took him to a nearby psychiatric hospital.
In April, Duntsch went to a Dallas Walmart because his father had wired him money. According to a police report, he filled a shopping cart with $887 worth of merchandise, including watches, sunglasses, silk neckties, computer equipment, a walkie-talkie and bottle of Drakkar Noir cologne. He put them in bags he swiped from a register. He then then picked out a pair of trousers and put them on in a dressing room. He put his own pants into the cart and rolled the cart out the front door without paying for the pants he was wearing. Moments later, he was arrested for shoplifting.
By then, reporters were following every twist in the Duntsch saga. In May 2015, the Texas Observer published an article with the headline, “‘Sociopath’ Surgeon Duntsch Arrested for Shoplifting Pants.” In the comment section underneath the article, Duntsch responded with a series of diatribes against everyone he thought had conspired against him. His cybermanifesto ran to more than 80 pages when printed out.
In one comment directed at Kirby, he wrote, “You use the word without explanation impaired physician and sociopath. Since I am going to sue you or [sic] libel and slander of a criminal nature, this might be a good point to defend this comment.” He called Morguloff’s surgery “a perfect success.”
Kirby took the comments to the district attorney’s office. By then, a judge who knew Glidewell had also brought the case to the DA’s attention.
Prosecutors began discussing the case anew and one assistant district attorney, Michelle Shughart, found it particularly interesting. In 13 years with the Dallas DA’s office, she’d prosecuted drug dealers, robbers, but never a doctor. “I went and started doing my own research,” she said. “I just ended up taking over the case.”
One of the biggest challenges was that there hadn’t been a case like it before.
“We did a lot of research to see if we found find anyone else who had done any cases like this, any other doctors who had been prosecuted for what they had actually done during the surgery,” Shughart said. “We couldn’t find anyone.”
As she and other prosecutors contacted every person Duntsch had ever operated on or their survivors, they struggled to figure what crimes he could be charged with. They settled on five counts of aggravated assault arising from his treatment of four patients, including Brown and Glidewell, and one count of injury to an elderly person, because Efurd was over 65.
In Texas, this charge carried a potential life sentence, but prosecutors had to race to file the case.
“We had about four months left before we were going to run out on the statute of limitations” on Efurd’s case, Shughart said. “I spent those four months just digging as hard as I possibly could, trying to gather as much information as I could. And by the time we got down to that July, I had overwhelming evidence to indict him.”
Duntsch was taken into custody on July 21, 2015.
For some of his patients, the criminal case offered a last chance at justice they couldn’t get through the civil courts.
Since Texas capped damages in medical malpractice lawsuits, limiting the amount plaintiffs can be awarded for pain and suffering in most cases to $250,000, the number of suits filed and amounts paid out have plummeted.
The suits that go forward often ride on economic damages, such as lost earning power, which the law does not limit in non-death cases. But many of Duntsch’s patients were disabled when they came to him, or older, or had lower incomes. Some had pain that was hard to economically quantify. Despite having clear-cut claims and serious, irreversible injuries, three patients I talked to said me they had trouble finding attorneys to take their cases.
“It is not worth an attorney’s time and energy to take on a malpractice case in the state of Texas,” Morguloff said.
Ultimately, at least 19 of Duntsch’s patients or their survivors obtained settlements, but 14 of them were represented by Van Wey, who said she’s taken them on more out of a sense of outrage than out of any financial upside.
Morguloff was told no so often, he was surprised when attorney Mike Lyons finally took his case. He received a confidential settlement but said, “It wasn’t much.” He took more solace from the criminal case.
“To get this guy off the streets so nobody else got hurt again was important,” he said. “The public needed to know that there was a monster out there.”
Duntsch’s trial began on Feb. 2, 2017, and focused on the charge related to Efurd, injuring an elderly person.
She testified, but first, to show that her botched surgery was part of pattern, prosecutors — over objections from Duntsch’s attorneys — put a long line of his other patients and their relatives on the stand.
“You had people in walkers. You had people on crutches. You had people that could barely move. You had people that had lost loved ones,” Robbie McClung, Duntsch’s lead defense attorney, said. “You had all sorts of things that had gone wrong. Before we even get to Mary Efurd, you can see that it’s just … it’s going downhill. I mean, it’s going downhill fast.”
Duntsch held up remarkably well, seeming calm in the certainty that he really was a good surgeon.
“I always thought when I looked at him, even when he was in his jail clothes, he exuded a confidence,” Richard Franklin, another member of the defense team, said. “And I could certainly understand why patients would trust him.”
Then Lazar and other experts walked the jury through a litany of Duntsch’s surgical missteps. Duntsch’s attorneys noticed a change come over him. He deflated before their eyes.
“I think that he thought he was doing pretty good,” Franklin said. “Really and truly, in his own mind. Until he actually heard from those experts up there.”
A key prosecution witness was Kimberly Morgan, who had been Duntsch’s surgical assistant from August 2011 through March 2012 and was also his ex-girlfriend. Morgan described Duntsch’s mercurial nature, vacillating from being kind and caring to patients to being angry and confrontational behind closed doors.
The prosecutors had Morgan read parts of an email Duntsch had sent to her in the early morning hours of Dec. 11, 2011, three weeks before he operated on Passmore at Baylor-Plano, the first of his surgical disasters.
The subject line of the email was “Occam’s Razor.” Occam’s razor is the idea that the simplest explanation for anything is most likely the right one. The email rambled on for five profanity-laced pages, but Morgan delivered the most startling passage.
“Unfortunately, you cannot understand that I am building an empire and I am so far outside the box that the Earth is small and the sun is bright,” Duntsch had written. “I am ready to leave the love and kindness and goodness and patience that I mix with everything else that I am and become a cold blooded killer.”
It took the jurors just hours to find Duntsch guilty of knowingly injuring Efurd. He was sentenced to life in prison. He’s currently incarcerated in Huntsville, about an hour outside Houston. On Sept. 18, his attorney filed an appeal in a Dallas court, arguing that the testimony on cases other than Efurd’s and the email read by Morgan unfairly influenced the jury.
In February, I visited Summers, Duntsch’s old football buddy-turned-patient, in his small apartment in downtown Memphis.
He remains in much the same condition as he awoke in after Duntsch operated on him, unable to move from the neck down. He requires 24-hour caregivers and sat, tipped back, in his power wheelchair, as I talked to him about Duntsch.
Summers seemed resigned to his injuries, to his friend’s role in them and to the systemic weaknesses that allow problem doctors to keep practicing. He said he tries not to think about Dallas anymore.
I asked him why he’d trusted Duntsch to be his doctor. He couldn’t say. He looked out the window.
He knew his friend could barely drive a car without getting lost, he said. He just assumed he had been better trained for neurosurgery.
Republished with permission under license from ProPublica a Pulitzer Prize-winning investigative newsroom.
Those conflicts, which ultimately placed justices on the court, yielded some of the most damaging civil rights decisions in our nation’s history.
Unlike any other branch of government, Supreme Court justices do not have to face voters at the polls. They have no term limits. Yet the high court is the final arbiter of constitutional rights and protections.
Controversial appointees who were rammed through hearings, or political careerists nominated for strategic reasons and confirmed despite scant vetting, handed down decisions that expanded slavery and rolled back civil rights.
Bad processes do not by themselves yield bad decisions. There have also been thinly vetted justices who have protected and extended civil rights, but such cases are in a minority.
So Jackson named Taney to the Supreme Court. The Senate refused to confirm him. The next year, after Jackson got a Democratic Senate, he renominated him, this time as chief justice. Taney was pushed hurriedly through confirmation.
The Taney Court was staunchly pro-slavery, rejecting states’ rights when Northerners asserted them to oppose slavery.
Taney’s most sweeping pro-slavery decision in Dred Scott v. Sandford in 1857 held that African-Americans “had no rights which the white man was bound to respect, and that the negro might justly and lawfully be reduced to slavery for his benefit.” The decision ruled that Congress had no power to prohibit slavery in any U.S. territory. Dred Scott is widely considered to be one of the worst decisions ever made by the court.
A critical time
During the Civil War, Abraham Lincoln was able to replace the Taney Court with corporation-friendly Republicans like Samuel F. Miller of Iowa, whom he nominated in 1862. Lincoln’s court strategy was to appoint Republicans who would endorse presidential powers in a war to save the Union.
Miller’s appointment came just as Lincoln was contemplating the Emancipation Proclamation. Lincoln could have asked Miller his views on the scope of black freedom, but he never did. He never even met Miller. And with no opposition in Congress, the Senate confirmed Miller in just hours.
Miller’s appointment may have been shrewd politics but it hollowed out the Civil War’s crowning achievement, the abolition of slavery and constitutional protections for African-American citizenship, including equal protection of the laws and the right to vote.
It was Miller’s majority ruling in the 5-4 Slaughterhouse Cases in 1873 that had the effect of limiting civil rights protections for African-Americans under the 14th Amendment, which extended citizenship to African-Americans and forbade states to deny them equal protection of the laws. The ruling in effect gave states sole power over areas of citizenship not explicitly covered in the federal Constitution. That, in turn, ultimately led to the growth of racist Jim Crow laws in states.
President Ulysses Grant’s two nominees were also pushed through hastily and had an oversized impact on civil rights.
Those appointments – conservative pro-business Republican Joseph P. Bradley and political hack Morrison Waite – unwittingly undermined Grant’s own Justice Department’s civil rights enforcement.
In 1870 Grant appointed Bradley specifically to help business interests concerned about recent decisions that they believed harmed them. Bradley faced scant opposition from a majority-Republican Senate in bed with railroad and other corporate interests.
Four years later, Grant picked Waite, a crony of Grant’s Ohio friends, who had zero judicial experience. Called a “national nonentity” by a court historian, Waite’s appointment surprised everyone, including Waite. The Senate confirmed him without debate.
The unintended consequences of these two overtly political nominations became clear in U.S. v. Cruikshank, an 1876 court decision.
In April 1873, up to 150 African-Americans were murdered by whites in a conflict over two competing Louisiana governments. Among those whites was William Cruikshank.
Cruikshank and others who participated in the massacre were charged and convicted in federal court of civil rights violations under the Enforcement Act of 1870. That act made it a federal crime to violate civil rights and was passed with the intention of putting teeth in the 14th Amendment, which guaranteed equal protection of the laws and due process. The case considered by the court was an appeal of those initial convictions.
Justice Waite ruled that the 14th Amendment’s civil rights provisions, including the equal protections of the laws and right to due process, did not apply to the victims of the Colfax Massacre.
Bradley and Waite’s responses constituted willful blindness to a naked act of racial terrorism. And these decisions gutted the 14th Amendment’s civil rights provisions, leading to the swift and violent rise of Jim Crow.
Bradley went on to rule in 1883 that the Civil Rights Act of 1875, which outlawed racial discrimination in public facilities, was unconstitutional. He did this at a time when blacks were being denied the right to vote, barred from businesses and murdered with impunity. Bradley tutted that with his ruling a black citizen “ceases to be the special favorite of the laws.” And the law ended protection for African-Americans from segregation in schools, theaters and even cemeteries.
It would be 74 years before Congress passed another civil rights act.
Not all justices involved in partisan nominations, or who were poorly vetted, handed down dreadful rulings.
Harold H. Burton was a surprise nomination when Democrat Harry Truman nominated the Republican senator from Ohio in 1945. The Senate dispensed with hearings and confirmed Burton without debate. But Burton defied expectations, shaping the Supreme Court’s landmark Brown v. Board of Education of Topeka (1954) ruling that desegregated schools and overturned the Jim Crow doctrine of “separate but equal.”
Back to the 19th century
More recently, contested nominations have revived the 19th-century practice of ramming through partisans whose decisions undermine civil rights.
The 1991 Clarence Thomas nomination evokes that legacy. With a thin resume, partisan credentials, and his nomination hastily pushed through by George H. W. Bush’s administration, Thomas won a lifetime appointment by a two-vote margin after an acrimonious hearing involving his alleged sexual harrassment.
Brett Kavanaugh’s nomination, like that of Morrison Waite, Joseph P. Bradley and Roger B. Taney, has been rushed. A partisan warrior, he has been hastily advanced, with the majority of his papers withheld and sexual assault allegations overtaking his hearings.
As American history has shown, this process comes with profound risks.
Thursday night, September 6th, while some people were contemplating burning their Nike gear because of an ad featuring Colin Kaepernick, a 26 year-old unarmed immigrant, Botham Shem Jean, was shot and killed while being black in his own home by a 30 year-old white female off duty Dallas police officer, Amber Guyger, after supposedly entering an apartment she mistakenly thought was her own.
Colin Kaepernick began his slient and peaceful protest, first by sitting and then by taking a knee during the playing of the national anthem. Kaepernick has clearly stated a number of times that his protest has nothing to do with disrespecting the flag or military, but is simply a stand against the killing of unarmed black men at the hands of mostly white police officers. Jean's killing is the most recent example of what Kaepernick's protest is about.
Guyger told police she thought she was entering her own apartment not realizing she was on the wrong floor; she thought her home was being burglarized and opened fire, shot him twice in the chest, and killed him. Guyger, off-duty but still in uniform, was returning home from either a 12 or 15-hour shift Thursday night; she said she mistook Jean's apartment for her own, which was a floor below in the same complex. Weird, given he had a red welcome mat at the door (she didn't) and presumably different stuff in his place, but okay.
Jean was a devout Christian and talented singer and worked as a risk assurance associate at PricewaterhouseCoopers. He earned a bachelor's degree at Harding University in Arkansas, where he had been a beloved worship leader. Jean described himself on LinkedIn as a "young professional, engaged in developing a career built upon integrity, dedication and relationships, leveraging useful technologies to gain an understanding of and add value in a range (of) industries, striving towards leadership in my career, my community and society." A college friend described him as "wildly popular, hugely successful, and an incredible leader…he was a gentleman and a scholar."
In an affidavit released Monday, Guyger made several shady new claims. She said Jean's door was open; she didn't know it was the wrong apartment until after she shot him; she saw "a large silhouette" – cue myth of the big black dude – as she entered; and Jean "ignored" her "verbal commands" – in, lest we forget, his own apartment. At least two witnesses refute her; they say they heard a woman knocking on the closed door and saying "Let me in,” and Jean was too “meticulous” to ever leave his door ajar. Also Guyger, it turns out, has been here before: In May 2017, Guyger was called to assist another officer searching for a suspect. An affidavit indicates a man identified as Uvaldo Perez got out of a car and became combative with Guyger and another officer. A struggle began and Guyger fired her Taser at Perez, who wrested the weapon away from her. Guyger then drew her gun and shot Perez in the abdomen, the affidavit says. Guyger was not charged in the case.
Dallas police requested an arrest warrant Friday for Guyger after Jean’s death was ruled a homicide; it wasn't issued until Sunday, reportedly because the Texas Rangers took over the case and were still investigating. Guyger, a four-year veteran of the department, was charged with manslaughter, booked into Kaufman County jail that evening and was freed an hour later after posting $300,000 bond, according to jail records. Given the contradictions in Guyger's story, officials say she could face stiffer charges once her case goes to a grand jury.
Allison Jean flew to Dallas from the family’s native St. Lucia after the shooting. Her son will be buried on the Caribbean island Thursday. “She took my life away, like my very own life,” said Jean's mother, Allison. “She has to face whatever the law says. The very Bible says to render to Caesar that which is Caesar so if Caesar says to pay a penalty for a life, then she has to pay.”
For now, his family is left to grieve and seek answers. They gathered this weekend for a vigil at Jean's Dallas church, where the congregation honored him with one of his favorite hymns, "My God is Real," and a friend compared him to holy men of the Bible who gave friends spiritual guidance and "evangelized every day." His loss, he said, is "a disservice to humanity." It's also why Kaepernick and so many others continue to speak out in righteous rage, said family attorney Benjamin Crump, who said Jean's death should "astonish most sensible Americans…Black people have been killed by police in some of the most arbitrary ways in America. Blacks have been killed for ‘driving while black’ in their automobiles, ‘walking while black’ in their neighborhoods and now ‘living while black’ in their own apartment."
Critics online echoed him. The harsh clear lesson, said one: "Suit. Tie. Christian. Respectable. At home. Black. Dead." Jean's mother Allison Jean, a former government official of St. Lucia, likewise cited the clear racism behind her son's murder in an interview, calmly arguing a white man would not have met the same grim fate. “Botham loved God. Botham loved you. Botham loved mankind," she said. "God loves us all the same, and this has to stop."
As I heard about this young man's life, I couldn't help but be reminded about my oldest son. My son, who will be 25 tomorrow has been actively involve in church since his youth. Like Jean, he sings in the choir, and is currently a minister and founder of an organization dedicated to help others. This could have just as easily been either of my two sons. My thoughts and prays go out to the Jean family. Hopefully Jean's tragic death will open the eyes of those burning their Nike gear and help them realize that police killing unarmed people is a real problem that needs to first be acknowledged and then solved.
Race-based discrimination is common in the hiring process.
For example, racial minorities are less likely than whites to receive a callback when they apply for a job. There are also wide earning gaps, with African-Americans and Latinos earning a fraction of what whites and Asians do.
Research has shown African-Americans get fewer job callbacks than whites. astarot/Shutterstock.com\
When analyzing these problems, researchers and others tend to focus on how the experiences of racial minorities compare with those of whites. Often missing is whether there are differences among individuals of the same racial group in terms of how they experience bias.
That is where my new study, which focuses on perceptions of others’ racial identities, comes in.
People have more than one identity, such as being a mom, a Muslim, an athlete, a scientist and so on.
Just as we commonly think about the importance of each of our identities to who we are – such as being a dad or very religious – we make the same assessments of other people. That is, we evaluate other people’s identities to understand which ones are most fundamental to who they are.
And it turns out, the conclusions we come to about each other’s “perceived identities” can have a big effect on how we interact with them.
As a researcher who has spent the last 19 years examining diversity and inclusion, I was interested in how perceptions of identity affected a racial minority’s prospects as a job applicant. More specifically, I wanted to know if the perception that an applicant has a strong racial identity affected her ability to get a job and how much she’d get paid.
Past research has shown that our inferences about others’ personal identities can influence how we interact with them.
In some cases, people might talk about how their identity is important to them, or how it reflects a critical part of who they are as a person. In other cases, we make assessments based on cues. For example, we might think someone strongly identifies as Latino when they are members of a Latino student organization. Or, we might infer a weak identity among people who engage in actions that are seemingly contrary to the interests of their group.
For example, psychologists Cheryl Kaiser and Jennifer Pratt-Hyatt found found that whites interact more positively with racial minorities they believe weakly identify with their race – and more negatively with those with stronger racial identifies. Specifically, whites expressed more desire to be their friends and offer favorable ratings of their personality.
Presumed identity and work
Drawing on their work, Astin Vick, a former student of mine, and I examined whether African-American women’s and Latinas’ presumed racial identity affect their job ratings.
Using an online data collection platform, we asked 238 white people who indicated that they currently or previously worked in the fitness industry to review the application of someone applying to be a club manager. They were told to review a job description, a hiring directive from the club owner, a summary of each applicant’s relevant background and a picture.
All applicants had the same experience, work history and education. The pictures were used to indicate an applicant’s race. Most importantly, we varied each applicant’s relevant affiliations and community service to suggest whether she had a strong identification to her racial group or a weak one.
For example, membership in the Latino Fitness Instructors Association or volunteering for former President Barack Obama’s campaign would signal a strong identification to an applicant’s Latina or black racial group. Belonging to the neutral-sounding Intercollegiate Athletics Coaches Association or volunteering for Obama’s opponent in the 2012 presidential campaign, Mitt Romney, would signal a weak one.
The participants then filled in a questionnaire to measure their perceptions of the applicant they reviewed, including work attributes such as “untested” or “expert,” hiring recommendation and suggested salary.
Our results showed that most people did in fact use cues from the application file to form views of the applicant’s racial identity, which in turn informed their hiring and salary recommendations. Essentially, as we expected, applicants perceived as identifying strongly with their racial group were less likely to be recommended for a job. And, when they were, received lower suggested salaries – on average US$2,000 less – than those signaling weak associations.
The story does not end there, though, since we also knew each participant’s gender. And we found that men showed a slightly different pattern than the one described above.
Men recommended roughly the same salaries for African-American women and Latinas who identified weakly with their racial groups. But for those with strong perceived identifies, they penalized Latinas far more than African-Americans. That is, they recommended the club pay Latinas with a strong racial identify about $5,000 less than African-Americans.
These small changes can add up over time. Over a 15-year tenure with a company, that difference results in $96,489 difference in inflation-adjusted earnings.
Our study illustrates several key points.
First, though racial minorities, as a collective, face bias in employment, there is considerable within group variability. An applicant’s specific race matters, as does her or his presumed racial identity.
Second, raters use cues on a resume to infer a job applicant’s racial identity. They then use this information in their decision-making. Aware of this pattern, some job seekers remove race-related activities on their resumes, what Sonia Kang, an associate professor of organizational behavior, refers to as racial whitening.
Finally, research has shown that diversity in the workplace leads to greater organizational performance and employee well-being. As such, employers would be wise to be on the lookout for biases like the one we found that are likely to lead to less diverse workforces and take steps to overcome them when hiring new workers.
Republished with permission under license from The Conversation under a Creative Commons license.
A Texas jury found a white former police officer who shot and killed Jordan Edwards, an unarmed black teenager last year guilty of murder.
Roy Oliver fired three rifle rounds into a car full of teenagers, which included Edward's sixteen year old brother who was driving and another brother, as they were leaving a party in the Dallas suburb of Balch Springs in April 2017. Fifteen-year-old Jordan Edwards, who was unarmed and sitting in the passenger seat, was struck and killed. Edwards was a first-year student at Mesquite High School where he played football.
Edwards' brother was held in police custody overnight for the purpose of questioning him as a witness. Police originally claimed there was alcohol present, during the trial, the jury learned there was no alcohol present at the party, despite what police had initially said.
"It's been a hard year … I'm just really happy," Edwards's father, Odell, told reporters at the court after the verdict on Tuesday.
At the time of the shooting, Oliver claimed the vehicle was trying to run over his partner, but several witness accounts and body-cam footage showed the car was moving away from the officer. A vigil was held at Edwards's school on the evening of May 1, 2017.A lawyer for Edwards' family demanded the arrest of Oliver.
Oliver was placed on administrative leave following the shooting and fired from the Balch Springs police force on May 2, 2017 after police admitted the video of the shooting contradicted Oliver's initial statement.
Police originally stated there was an "unknown altercation with a vehicle backing down the street towards the officers in an aggressive manner". After reviewing body cam footage, Police Chief Jonathan Haber later admitted that the vehicle was not moving toward the officers, but rather away from them.
Local reporters, who were present in the courtroom on Tuesday as the verdict was read, reported that there were hugs, claps and cheers from the family of Edwards.
Oliver faces between five and 99 years in prison for the murder. His sentencing hearing began immediately after the trial. The former police officer was acquitted of manslaughter and aggravated assault.
Daryl Washington, Edwards's lawyer, said the verdict is not just about justice for the young teenager's family but for the families of all unarmed black people killed by police.
"This case is not just about Jordan," Washington told reporters, adding that "it's about Tamir Rice, it's about Walter Scott, it's about Alton Sterling, it's about every unarmed African American who has been killed and who has not got justice".
The Guardian identified more than 1,090 police killings the previous year.
Nearly a quarter of those killed by police in 2016 were African Americans, although the group accounted for roughly 12 percent of the total US population.
According to watchdog group The Sentencing Project, African American men are six times more likely to be arrested than white men.
These disparities, particularly the killing of African Americans by police, has prompted the rise of the Black Lives Matter movement, a popular civil rights movement aimed at ending police violence and dismantling structural racism.
As a formerly incarcerated person who now is now an endocrinologist and professor at two world-renowned medical institutions – Johns Hopkins Medicine and Howard University College of Medicine – I believe this move is a positive one. People’s prior convictions should not be held against them in their pursuit of higher learning.
While I am enthusiastic about the decision to remove the criminal history question from the Common Application, I also believe more must be done to remove the various barriers that exist between formerly incarcerated individuals such as myself and higher education.
I make this argument not only as a formerly incarcerated person who now teaches aspiring medical doctors, but also as an advocate for people with criminal convictions. The organization I lead – From Prison Cells to PhD – helped push for the change on the Common Application.
My own story stands as a testament to the fact that today’s incarcerated person could become tomorrow’s professor. A person who once sold illegal drugs on the street could become tomorrow’s medical doctor. But this can only happen if such a person, and the many others in similar situations, are given the chance.
There was a time not so long ago when some in the legal system believed I did not deserve a chance. With three felony convictions, I was sentenced to 10 years in prison for drug trafficking as a prior and persistent career criminal. My prosecuting attorney once stated that I had no hope for change.
Today, I am Dr. Stanley Andrisse. As a professor at Johns Hopkins and Howard University, I now help train students who want to be doctors. I’d say that I have changed. Education was transformative.
US incarceration rates the highest
The United States needs to have more of this transformative power of education. The country incarcerates more people and at a higher rate than any other nation in the world. The U.S. accounts for less than 5 percent of the world population but nearly 25 percent of the incarcerated population around the globe.
Roughly 2.2 million people in the United States are essentially locked away in cages. About 1 in 5 of those people are locked up for drug offenses.
I was one of those people in prison not so long ago.
Early life of crime
Growing up in the Ferguson, North St. Louis area, I started selling drugs and getting involved with other crimes at a very young age. I was arrested for the first time at age 14. By age 17, I was moving substantial amounts of drugs across the state of Missouri and the country. By my early 20s, I found myself sitting in front of a judge and facing 20 years to life for drug trafficking charges. The judge sentenced me to 10 years in state prison.
When I stood in front of that judge, school was not really my thing.
Although I was a successful student athlete and received a near full scholarship to play football for Lindenwood University, a Division II college football program, I found it difficult to get out of the drug business. Suffice it to say, there were people in the drug world who wanted me to keep moving drugs. And they made it clear that they would be extremely disappointed if I were to suddenly stop. So I continued. For this reason, I didn’t view my undergraduate college experience the way I view education now.
A 2013 analysis of several studies found that obtaining higher education reduced recidivism – the rate of returning to prison – by 43 percent and was four to five times less costly than re-incarcerating that person. The bottom line is education increases personal income and reduces crime.
Despite these facts, education is woefully lacking among those being held in America’s jails and prisons. Nearly 30 percent of America’s incarcerated – about 690,000 people – are released each year and only 60 percent of those individuals have a GED or high school diploma, compared to 90 percent of the overall of U.S. population over age 25. And less than 3 percent of the people released from incarceration each year have a college degree, compared to 40 percent of the U.S. population.
Rejected by colleges
I had a bachelor’s degree by the time I went to prison but never got the chance to put it to use. Then something tragic happened while I was serving time that prompted me to see the need to further my education. Due to complications of diabetes, my father had his legs amputated. He fell into a coma and lost his battle with Type 2 diabetes. I was devastated. This experience made me want to learn more about how to fight this disease.
While incarcerated, I applied to six biomedical graduate programs. I was rejected from all but one – Saint Louis University. Notably, I had a mentor from Saint Louis University who served on the admission committee. Without that personal connection, I’m not sure I would have ever gotten a second chance.
I finished near the top of my graduate school class, suggesting that I was likely qualified for the programs that rejected me.
Restore Pell grants to incarcerated people
Based on the difficulty I experienced in going from prison to becoming a college professor, I believe there are things that should be done to remove barriers for incarcerated or formerly incarcerated people who wish to pursue higher education.
One of those barriers is cost. When the government removed Pell funding from prisons by issuing the "tough on crime” Law Enforcement Act of 1994, the vast majority of colleges offering courses in prison stopped. Due to the federal ban on receiving Pell grants while incarcerated, most of those serving time are not able to afford to take college courses while in prison. The Obama administration took a step toward trying to restore Pell grants for those in prison with the Second Chance Pell pilot. The program has given over 12,000 incarcerated individuals across the nation the chance to use Pell grants toward college courses in prison.
Through the program, 67 colleges and universities are working with over 100 prisons to provide college courses to the incarcerated.
Under the Trump administration, this program is at-risk of being discontinued at the end of 2018. Historically, some have argued that allowing Pell dollars to be used by those in prison takes precious Pell dollars from people who did not violate the law. However, the current Second Chance Pell pilot funding being directed to prisons, $30 million, accounts for 0.1 percent of the total $28 billion of Pell funding. Even if the program were expanded, based on historical levels, it would still amount to one-half of 1 percent of all Pell funding. This is justified by the impact that Pell dollars would have in prison in terms of reducing recidivism.
Remove questions about drug crimes from federal aid forms
Federal policymakers could increase opportunities by removing Question 23 on the federal student aid form that asks if applicants have been convicted of drug crimes. A 2015 study found that nearly 66 percent of would-be undergraduates who disclosed a conviction on their college application did not finish their application.
Federal student aid applicants likely feel the same discouragement. I felt discouraged myself when I was applying to graduate programs when I came across the question about whether I had ever been convicted of a crime. It made me feel like I was nothing more than a criminal in the eyes of the college gatekeepers.
The HUD secretary came to town last year and declared residents were no longer at risk, three decades after the federal government took over public housing here. In fact, the complexes are falling apart and a woman was killed in the weeks before his visit.
By Molly Parker, The Southern Illinosian
EAST ST. LOUIS, Ill. — The city’s administrative building was decorated for a festive affair when U.S. Housing and Urban Development Secretary Ben Carson arrived here last September. An Americana themed banner draped the back of a raised stage. Red, white and blue balloons floated in the foreground.
“This is really an exciting day,” Carson told a crowd of a few dozen city and community leaders. “It is a day of transition and a day of progress.”
In October 1985, HUD officials arrived here unannounced and seized control of the East St. Louis Housing Authority, citing poor living conditions and fraud. Carson was in town to return it to local control.
In a brief speech, Carson said that when former President Ronald Reagan’s HUD took over the housing authority five presidential administrations ago, “the residents were at risk, and the future of our children was at risk.”
Inspectors reported such problems as windows and doors that didn’t lock, infestation, mold and mildew, fire safety violations, holes in walls, broken appliances, peeling paint and missing lead-based paint inspection reports. Among the properties that failed, HUD inspectors estimated an astounding 5,405 violations. One-quarter were deemed life threatening.
In at least one case, persistent security problems may have played a role in a tenant’s death.
Around 4 a.m. on Aug. 8, 2017, Winston made a frantic call to 911, told dispatchers someone was trying to break in, screamed and hung up the phone. When police arrived at the John Robinson Homes, they found her first-floor kitchen window shattered and Winston dead upstairs, her body on the right side of her bed. Her toddler was in a nearby playpen.
In the months preceding her death, Winston made repeated requests to the housing authority, then still under HUD’s control, to fix the window, according to family and friends. It didn’t lock and was missing a security screen, commonly seen on other windows throughout the apartment complex. Winston’s complex failed its HUD inspection last year.
Carson did not tour any public housing complexes in East St. Louis when he visited last September, HUD spokesman Jereon Brown said in a written response to questions. At the time, Carson also was not aware of Winston’s death, Brown wrote. Asked if Carson stood by his remarks, the spokesman declined to comment.
“The path forward for public housing is not a dilemma that is limited to East St. Louis,” Brown said in an email.
The neglect of public housing in big cities like New York, Chicago and Washington, D.C. has been widely documented. But the crisis is also hitting small towns and mid-sized cities — places like Peoria, Illinois; Gary, Indiana; Birmingham, Alabama; Hoboken, New Jersey; Buffalo, New York; and Highland Park, Michigan, HUD property inspections show.
And now, after years of congressional funding cuts to public housing programs, the Trump administration has proposed slashing far more. HUD funding for major repairs at public housing complexes, for instance, has fallen 35 percent — from about $4.2 billion in fiscal 2000 to $2.7 billion in 2018, according to the Center on Budget and Policy Priorities, a liberal-leaning think tank. Earlier this year, the White House proposed completely eliminating this funding.
St. Clair County State’s Attorney Brendan Kelly said a homicide investigation into Winston’s death remains open.
Kelly, who is also the Democratic nominee for a U.S. House district that includes East St. Louis, has been critical of HUD. After reviewing inspection reports for the properties given to him by The Southern Illinoisan, Kelly said they should have prompted the housing authority to further assess and fix security concerns in all units, and flagged HUD to make sure it was done.
Roughly one in every four of the 27,000 East St. Louis residents live in public housing.
“HUD failed Alexis and so many others there that simply want to live in peace and safety,” he said. “How can anyone put their lives together and lift themselves out of the circumstances that lead them to public housing if you are fighting for your own safety every day?”
A century ago, the city of East St. Louis was a powder keg. During the World War I industrial boom, African Americans flooded the city, looking for jobs. Shut out of work in the South, some were willing to cross picket lines, angering many white workers.
In the summer of 1917, a white person drove into a black neighborhood and sprayed homes with gunfire. Other black people reported being pulled from their cars by whites and beaten that night. Black citizens returned fire, unintentionally striking two police officers in a parked car who had arrived to investigate the shootings. Over the course of three days in July, dozens of black people were beaten and lynched, one of the most savage race-based attacks in the 20th century. Whites set fire to their homes and shot at them when they ran.
Some black residents fled town and never came back, but far more moved in.
In the 1930s, between the world wars, discussions began about building two public housing developments in East St. Louis — one each for black and white residents. After years of political infighting, protests and attempts to scrap plans for African-American housing altogether, more than 400 families moved into the Samuel Gompers Homes and John Robinson Homes in 1943.
East St. Louis’ population peaked at more than 82,000 in the 1950s — and several additional large public housing complexes were built.
But since then, the city has been in a freefall. Between roughly 1960 and 1990, the city lost more than 13,000 jobs. The white middle class had already moved. During this time period, much of the black middle class packed up and left, too.
In 1990, about five years after HUD took over the housing authority, then-Illinois Gov. James Thompson agreed to spend $34 million to pull the city from the brink of bankruptcy. But that couldn’t prevent East St. Louis from turning over the deed to its four-year-old City Hall that same year after losing a lawsuit filed by a man who was beaten by another inmate while in jail on a traffic violation.
“Many American cities such as Los Angeles, Baltimore and Detroit have neighborhoods where need is urgent, but they differ from East St. Louis in one important respect,” East St. Louis noted in a 1995 report to HUD, discussing its housing needs. “They can shift resources from more affluent neighborhoods into poorer ones, whereas East St. Louis has such pervasive poverty and a woefully inadequate tax base that shifting is exceedingly difficult.”
“As an East St. Louis native, it pains me to see my old home town in such extreme distress,” said Sen. Dick Durbin, D-Ill., who was raised in East St. Louis. Residents here “suffer from one of the highest violent crime and homicide rates in the country” and “deserve better,” he said.
Durbin, a member of the Senate Appropriations Committee, said he’s helped East St. Louis secure half a million dollars to install a new security and lighting system at two large public housing complexes. Durbin also supported efforts by Mayor Emeka Jackson-Hicks to end the receivership. In an interview last year, the senator said the federal takeover had long been a “sticking point” for city leadership because they wanted the opportunity to manage the housing authority on behalf of their residents. Durbin said he has confidence in Jackson-Hicks, who was elected in 2015, that he didn’t have in previous leaders.
“But it is clear that more work remains to keep the families living within ESLHA [housing authority] safe,” he said.
Neither Winston nor any immediate family members had ever lived in East St. Louis Housing Authority apartments, but she added her name to the waiting list in the winter of 2017.
At the time, Winston and her baby were staying with Winston’s mom, Florince Harlan, in Belleville, Illinois, a short distance away. When Royal turned 1, Winston had started working as a clerk at Circle K in St. Louis and she was eager to establish her independence.
The first apartment she was offered was in the John Robinson Homes. Harlan said she was concerned about it by reputation. “I didn’t want her to go there,” she said.
The John Robinson Homes was named for an ex-slave, a Civil War captain and turn-of-the-century civil rights leader. The complex sits downtown, in the shadow of the Gateway Arch on the Illinois side of the Mississippi River. The signs of neglect are clear: holes in the soffit lining of the roof exposing ragged yellow insulation, a boarded-up community center with holes in the windows that appear to have been caused by bullets. Inside the units, there are mice, roaches, holes in walls, leaky ceilings and missing appliances.
After moving in, Winston reconnected with Devanie Moran, a close friend from grade school who lived in another public housing complex, John DeShields Homes, a half-mile away. They had children about the same age; the moms worried together about keeping their kids safe.
Moran showed Winston where the management office of the apartment complex was located, and how to file a work order. Moran knew the drill, having moved in several years before Winston. At one point, Moran’s living room ceiling leaked so badly “it was basically raining inside.”
Farlon Wilson lives on the opposite end of the complex from Winston. Leaking pipes caused a hole in Wilson’s living room ceiling that the housing authority patched over, and she continues to battle a mold problem with bleach, which she believes is making her children sick. Her bathroom sink fell off the wall. She would have preferred to live elsewhere but this was the apartment offered to her and she took it.
Winston’s mom and sister said that Winston wasn’t thrilled about moving into the John Robinson Homes, either. But she was determined to keep an upbeat attitude, her mom said.
“We accepted this because you have to accept something low in order to get to something big,” Harlan said.
When HUD officials took over the housing authority in 1985, they told reporters that they would improve living conditions and the housing authority’s finances. Over three decades, the housing authority’s financial condition improved from a $14 million deficit to a surplus. A few longtime residents said living conditions had also improved in the earlier years of HUD’s takeover, but then declined again.
Longtime tenants such as Delbra Myles have complained that the housing authority hasn’t painted occupied units for 20 years. This isn’t just a cosmetic problem. The paint chipping from window sills and bathtubs may contain toxic levels of lead, according to a lead paint assessment that was conducted in April for the Samuel Gompers Homes, which was built for whites but is now occupied almost exclusively by black families. That report was obtained by The Southern Illinoisan through a public-records request.
HUD inspectors have cited Gompers for missing lead-based paint inspection reports for years. From 1995 to 2016, while HUD was the receiver, state health department test records show at least 70 cases of children with dangerously elevated lead levels. Lead poisoning can cause lifelong developmental delays and health problems in affected children. The cause of the children’s high lead levels has not yet been established.
Mildred Motley, the East St. Louis Housing Authority’s executive director, said her agency is examining “the exact impact of the alleged lead levels” and has applied for a grant from HUD to assist with removing or sealing lead paint, if necessary. Brown, the HUD spokesman, declined comment on the missing lead paint assessments during HUD’s receivership.
The troubles go beyond lead paint. In audits of the East St. Louis Housing Authority in 2011 and 2012, HUD found that the housing authority double-billed the federal government for certain salaries and unit renovations, and mismanaged stimulus funds during the recession of the late 2000s.
In 2012, HUD’s Office of Inspector General found that the department’s failures to give East St. Louis the consistent leadership and detailed attention it needed had prolonged its receivership and led to “significant management and operational” shortcomings.
The report concluded that HUD “needs to improve its structure for managing receiverships.” Since taking over East St. Louis, HUD has placed about 20 more housing authorities into administrative receivership. Three remain under HUD’s control, all of them in small majority African-American cities in the Midwest: Gary, Indiana; Wellston, Missouri; and Alexander County, Illinois, home of Cairo, the southernmost town in the state.
The day of Winston’s death, Carson was in Cairo, about two hours from East St. Louis, speaking with tenants of two 1940s era housing complexes that HUD plans to demolish because they are no longer safe. The decision to shut down the Cairo complexes after years of neglect and HUD oversight failures was one of Carson’s first major decisions as secretary.
Five days after Carson visited East St. Louis and declared the housing authority in excellent shape, HUD’s inspector general released yet another damning report about the city’s housing agency. This one accused a private management company, working on the housing authority’s behalf, of improperly paying workers and awarding contracts to companies owned by employees or their spouses instead of honestly evaluating bids. In a response contained within the report, the company noted that its president initially contacted HUD when “made aware of an employee conducting fraudulent activities,” but disagreed with the amount of money the inspector general claimed was overpaid to workers. The housing authority has ended its relationship with the company.
It didn’t take long after Winston moved in for issues to arise, Winston’s family and friends said. For starters, the mice and roaches were everywhere, her mom said. Harlan said she bought her daughter a bug bomb, and they set it off in her apartment. But what bothered Winston the most was the lack of security.
Winston tried repeatedly to get her kitchen window fixed.
Moran, Winston’s friend from grade school, recalls going to the management office more than once to help Winston file work orders. When she visited the office a final time, an employee said, “Be patient because they barely have maintenance men,” Moran said.
When that came to nothing, Harlan said she accompanied the petite 4’ 9” Winston — her family called her “Precious” — to the housing authority’s headquarters a couple of miles away.
A few weeks before her death, one of Winston’s sisters, Laquitsha Bejoile-Hayes, helped her lock the window with a broom handle and two nails. But a permanent repair was never made, and the security screen never arrived.
The inspection report noted that nearly half of inspected windows were inoperable or wouldn’t lock. More than a third had damaged or missing screens. This was out of a total of 25 units inspected between the John Robinson Homes and neighboring John DeShields Homes (the two sites are inspected together as one project).
Nationwide, the failure rate for public housing projects nearly tripled, to over 13 percent from about 4.5 percent, between 2015 and 2017. African Americans were disproportionately more likely to live in unsafe conditions, an analysis by The Southern Illinoisan and ProPublica of HUD inspection scores found. While apartment complexes are expected to pass routine inspections and fix problems in exchange for federal dollars, HUD rarely orders that they be closed and residents moved if that doesn’t happen.
During the past five years, at least 120,000 people, nearly half of them children, lived in public housing apartments that received repeated failing scores, the analysis found.
Earlier this year, Bejoile-Hayes asked Motley, who took over as executive director of the East St. Louis Housing Authority in late 2015, for copies of work order requests Winston had filed. Motley declined to provide them. Subsequently, The Southern Illinoisan submitted a public-records request for work orders from April to August 2017 for the development where Winston lived.
Among the roughly 130 requests for repairs, five were for window repairs. (Tenant names and unit numbers were not included for privacy reasons.) Of those five requests, the records show that an order to fix one broken window was closed on the day it was reported in late April. The others were not closed until at least mid-September, after Winston’s death, the records show.
Motley would not comment on any requests made by individual tenants, including Winston, to repair their units. She said in an emailed statement to The Southern Illinoisan that “window and screen replacements are major improvements which require capital funds.”
Scared to be in her apartment at night alone, Winston spent most nights at her mom’s home. But on Aug. 7, Winston decided to stay overnight at the John Robinson Homes. She had a hearing scheduled for that week at the nearby county courthouse to get child support for her daughter.
A few hours after Winston was killed, a police officer knocked on the door of her sister’s home in Belleville. Tynesha Bejoile was at work, so her fiancé answered. The officer asked him to have Bejoile call the police department as soon as she could.
When Bejoile called the police, she was told that there had been a tragedy in Winston’s apartment. The officer asked her if any immediate relatives could arrange to pick up Royal, who had been taken into the custody of the Illinois Department of Children and Family Services at the scene. “I asked if my sister was OK, and she said, ‘I can’t tell you that over the phone,” Bejoile recalled.
Bejoile-Hayes, another sister, left work and drove to their mom’s house. Florince Harlan, who was asleep, woke up to numerous missed calls, then got another from her ex-husband. A co-worker had told him that rumors were spreading on social media that Winston had been murdered in her apartment.
Bejoile-Hayes drove Harlan and Winston’s stepfather to the John Robinson Homes.
Around 8:30 a.m., they arrived at a scene filled with signs of tragedy: multiple squad cars in the parking lot, crime scene tape stretched across the apartment complex, and two armed officers guarding the front door of Winston’s apartment. Harlan collapsed in pain. Her ex-husband steadied her by the arm.
“That’s when I started screaming,” she said.
Eventually, she went to find Royal at a state office just a short drive away. An officer met Harlan there, and walked her over to the police station, where they confirmed that her daughter had been killed.
Winston’s mom and sisters spent the next 10 days planning burial services. In the days following her daughter’s death, Harlan said she kept thinking about the fact that her daughter had complained repeatedly about her unsecured apartment.
If the screen had been in place, “I think it would have saved her life,” she said.
Winston wasn’t the only East St. Louis Housing Authority tenant to die in the weeks before Carson’s visit. Last July 26, a fire broke out in an eight-story apartment complex for seniors known as the Orr-Weathers E-2 building, located about a mile from where Winston lived.
Derwin Jackson, a tenant in the building, said the alarm sounded loudly on the first floor, but was difficult for some tenants on higher floors to hear. “I’m on the sixth floor. I couldn’t hear it,” he said.
“I believe it’s going to take another life for them to even consider getting this building up to code like they are supposed to,” said Jackson, who was Jefferson’s cousin as well as his neighbor. HUD inspected the property a week before Jefferson died. Like Winston’s complex, it failed, scoring a 37 out of 100 points.
Willie McDaniel, who also lives in the building, said tenants have long complained about the building’s lack of security. People who are not authorized to be in the building sleep in the hallways at night, he said. McDaniel said that it’s not uncommon for feces and urine to linger in common areas for several days.
At a meeting last December, tenants asked for the housing authority to assign one of its security workers to patrol the hallways of this high-rise and others. The housing authority responded that security personnel visit the high-rises several times per day and monitor security cameras from their vehicles. But the housing authority “does not have sufficient resources to have Public Safety stationed at each high rise building,” according to responses included in the housing authority’s annual plan.
Terrell Wren, another resident in the Orr-Weathers high-rise, had a list of complaints, particularly about bedbugs. His bathroom is in shambles. In late April, a jammed hot water knob caused the water to run continuously. “It’s been like this going on three, maybe four months,” he said.
McDaniel said he’s so fed up that he organized a petition drive to Illinois Attorney General Lisa Madigan, asking her office to intervene. A half dozen tenants wrote to Madigan about bugs, frequent hot water outages, and security concerns they say they’ve raised for years. “Help!!!” one tenant wrote.
“They need to condemn this building,” McDaniel said.
Annie Thompson, a spokeswoman for Madigan, said the attorney general’s Consumer Fraud Bureau reviewed the complaints and determined that it does not have jurisdiction in the matter. The complaints will be forwarded to the East St. Louis Housing Authority and copied to HUD, Thompson said.
Lakena Harmon remembers hearing that Winston’s had been killed last August. It was all anyone talked about for several days. “I thought of, what if this happens to me, could this happen to me, and will these windows be able to protect me?”
Although Harmon didn’t know Winston, she thought of her when her own apartment was sprayed with gunfire this spring.
In mid-April, Harmon returned to the Samuel Gompers Homes from a get-together in Belleville. Friends and family had thrown her a gender reveal party. Excited to learn she was having a boy but worn out from the festivities, Harmon said she laid down on her bed at about 10 p.m.
Soon after, she heard what she thought was a rock hitting her window.
When she heard it again, Harmon realized it was gunfire and rolled off her bed, hitting the floor with her pregnant belly. The window shattered, leaving a bullet hole in her bedroom closet door. She was unharmed, but for weeks her window was covered with a plywood board.
As she waited for the window to be replaced, Harmon slept on a mattress in her living room. Then, about two weeks after her window was shot out, she awoke to the smell of raw sewage. “As soon as I put my feet on the floor, it’s all water, all water,” she said. She shuffled across her wet floor to the bathroom and threw up. Then, she started mopping up the mess.
Neighbors have had similar experiences. After the incident, Harmon’s doctor wrote a note for her to give to the housing authority saying she needed to be moved or have her apartment repaired as “exposure to raw sewage creates a health hazard for the patient.” The housing authority hasn’t responded, though, and Harmon said her apartment flooded again on July 31.
Since HUD ended its receivership, living conditions have remained bleak.
A recent assessment showed a staggering backlog of needed repairs at East St. Louis’ public housing complexes. The report said that it would cost $42 million to immediately renovate units and building systems to HUD standards and another $180 million over 20 years.
To put that in context, the housing authority only receives about $3 million each year from HUD for major repairs. It also receives about $9 million in federal operating subsidies, intended to cover the difference between the reduced rents charged to tenants and the estimated cost of managing the apartment complexes. Roughly three of every four dollars the housing authority receives comes from the federal government.
Kelly, the prosecutor who is running for Congress, has been critical of HUD’s lack of investment to improve the East St. Louis housing complexes. He said last September that he was concerned the agency had sought to distance itself from ongoing problems by returning control of the housing authority to local officials without giving them enough resources to fix its problems.
“The aging housing stock continues to deteriorate. The prior repairs have been plagued with inferior workmanship and materials and unskilled maintenance staff. The lack of maintenance staff has also taken a toll on timely repairs,” the local housing authority wrote in a brief report on the issue. In recent years, major systems such as plumbing, electrical, roofing and heating, have not been properly maintained, the report said.
Based on the projected annual funding from HUD for major system repairs, “it will take over a 70-year period to correct the deficiencies” identified by inspectors and in a separate assessment of property conditions.
Brown, the HUD spokesman, called Motley, the local housing authority executive director, “a glimmer of hope for housing in East St. Louis.”
“As committed as she is, she cannot do it alone,” Brown wrote. “There is a direct, indisputable correlation between housing and the local economy.”
The local housing authority “strives to meet HUD standards,” Motley said in an email. “Inspections have identified several items that need to be addressed, and we are in the process of addressing those items.”
Under the transition plan back to local control, the housing authority also was asked to improve security on its properties and track monthly crime statistics.
In April, police received three reports of home invasions and two of shots fired at the John Robinson and John DeShields apartment complexes, which combined house about 300 families. In May, police responded to an aggravated assault and two incidents each of aggravated battery and criminal damage to property. In June, police responded to a criminal sexual assault. At the John Robinson Homes, some windows are still missing security screens, and are sealed with boards and nails.
Winston’s daughter, Royal, is now living with Bejoile-Hayes, her husband and their children.
Bejoile-Hayes said it pains her to think of all the moments her sister is missing, like when her little girl turned 2 this January. Royal was in her pretty white dress, squealing with delight at her brightly colored Trolls-themed birthday party and a few of her favorite foods: a pancake bar with whipped topping, fresh strawberries and chocolate chips.
Late last month, Harlan sued the East St. Louis Housing Authority in St. Clair County Circuit Court, alleging that its failure to secure the window after Winston’s multiple requests contributed to her death. Any money collected will go into a trust fund for Royal’s continued care, Harlan said. She’s also hoping it sends a strong message to the housing authority and HUD about the importance of fulfilling work orders so that “nobody else’s child has to die in those apartments down there.”
The housing authority and HUD, which is not a defendant in the suit, both declined to comment on pending litigation. The housing authority has yet to file a response in court.
“You knew my child needed help,” Harlan said, “and you turned a blind eye.”
Republished with permission under license from ProPublica.
Some university leaders immediately went on the defense.
Harvard University stated that it plans to continue to use race as an admission factor to “create a diverse campus community where students from all walks of life have an opportunity to learn from and with each other.”
But, why is diversity essential for the educational mission of U.S. universities?
Advocates for diversity in higher education emphasize a variety of reasons. They range from business oriented considerations, like the need for a diverse and well-educated workforce to meet the needs of an increasingly diverse marketplace or the belief that diversity fosters innovation and creativity. Another reason is based on the idea that diversity enriches the educational experience of all students on campus, not just minorities.
In addition to the reasons above, we believe that diversity is also an ethical obligation of American universities. We write not only as professors but as higher education administrators with a keen interest in diversity on campus. We believe that promoting diversity in our campuses helps fulfill the inclusive vision that gave birth to our nation. This vision became enshrined in the Declaration of Independence when it proclaimed that “all men are created equal.”
Sadly, the “all men are created equal” proclamation was not a guiding principle for our universities not so long ago. Quite the contrary, they fostered ideas that promoted racial disparagement and exclusion, causing great harm to the country in ways that we must still deal with today. For instance, black students were not admitted to the University of Texas and many other universities until the 1950s, and lack of black representation among students and faculty remains an issue. The pursuit of diversity now can help universities make amends for aggressive anti-diversity practices of the recent past.
Universities and eugenics
At the beginning of the 20th century, many administrators, alumni and faculty members from American universities were at the forefront of the eugenics movement, a pseudoscience that sought to improve the genetic qualities of human populations by selective breeding. The movement was led by presidents of elite private institutions like Harvard, Yale and Stanford, and also at public universities like Michigan and Wisconsin.
Eugenicists championed ideas of racial superiority. For them, the Nordic “race” – that is, people from Northern Europe, like Anglo-Americans – was the master race. Accordingly, they regarded Africans, Asians and even Southern and Eastern Europeans as inferior. They believed the immigration of these groups to the U.S. should be curtailed.
“The Nordic race will vanish or lose its dominance,” renowned Yale professor and economist Irving Fisher warned in 1921. Eugenicists were anti-diversity. They considered immigration and racial mixing a threat. They spoke of the “yellow peril,” the “flooding of the nation with foreign scum” and the arrival of “defectives, delinquents and dependents.” These views are not unlike President Trump’s recent complaints about Mexico sending “rapists” and “criminals,” or about admitting people into the U.S. from “shithole countries.”
The eugenecists’ ideas may not have predated the racial prejudices and segregationist practices that existed in the United States, but they provided academic validity to help sustain those prejudices and practices.
In 1896 the U.S. Supreme Court had paved the way for segregation when it ruled in Plessy v. Ferguson that keeping races “separate but equal” was constitutional. Then in the 1920s, at the height of the racial caste system known as “Jim Crow,” the U.S. government embraced new policies promoted by eugenicists.
Those policies included new anti-miscegenation laws that criminalizedinterracial marriage. They also included forced sterilization programs. These programs affected all racial groups but especially targeted women, minorities and the poor. Eugenicists advocated effectively for forced sterilization in court cases that remained the law of the land for decades.
The eugenics movement also actively advocated in Congress for policies to prevent immigration by “undesirable” racial and ethnic groups. And the movement succeeded. With the Immigration Act of 1924, Congress implemented quotas that favored immigration from Northern Europe and drastically reduced arrivals of Eastern European, Jews, Italians and Africans. It completely stopped immigration from Asia.
These policies were developed to reverse fears of what President Theodore Roosevelt called “race suicide” or the dwindling of the Anglo-American “stock.”
Reversing a racist past
New York lawyer Madison Grant, a graduate of Yale and Columbia, was a prominent eugenicist and friend of President Theodore Roosevelt. In 1916 he published “The Passing of the Great Race,” widely considered the most influential eugenics book. Grant attempts to use science to justify racism. The book was translated to German and after he became Fürher, Adolf Hitler wrote a fan letter to Grant thanking him and praising the book as “his Bible.”
The fact that thinkers from prestigious American universities provided the intellectual foundations for Hitler’s racial cleansing policies is scarcely mentioned in our country. We believe it is time for universities to undertake a discussion about this disturbing chapter of their history – a time when their own community led the development of white supremacist ideologies.It is also timely to reflect on the extraordinary impact universities can have in our nation and the world. A century after the misguided eugenics movement took a hold of higher education in the U.S., most universities now actively work to be inclusive and diverse. They must embrace their renewed values and help lead our nation toward a more just and equitable future.