Transinstitutional Policing

^ I borrow this terminology from Professors Joe Soss and Vesla Weaver, who use the phrase “to call attention to the interweaving of race and class relations, especially as they concern the state’s second face — the activities of governing institutions and officials that exercise social control by means of coercion, containment, repression, surveillance, regulation, predation, discipline, and violence.” Joe Soss & Vesla Weaver, Police Are Our Government: Politics, Political Science, and the Policing of Race-Class Subjugated Communities, 20 Ann. Rev. Pol. Sci. 565, 567 (2017).

^ See Michel Foucault, Discipline and Punish: The Birth of the Prison 297 (Alan Sheridan trans., Vintage Books 2d ed. 1995) (1975). Foucault theorizes a “carceral archipelago,” which transports disciplinary control from the prison to various institutions to form a “carceral net” in which people (usually indigent, disenfranchised, or otherwise marginalized) are subjected to carceral technologies, investigation, and discipline. Id.

^ See, e.g., Jack R. Greene & Carl B. Klockars, What Police Do, in Thinking About Police: Contemporary Readings 273, 275–76 (2d ed. 1991) (summarizing studies chronicling police workloads and finding that crimefighting represents a small portion of police work).

^ See Peter Finn et al., Off. of Cmty. Oriented Policing Servs., U.S. Dep’t of Just., A Guide to Developing, Maintaining, and Succeeding with Your School Resource Officer Program: Practices from the Field for Law Enforcement and School Administration 43 (2005). School Resource Officers (SROs) inculcate themselves within K–12 educational spaces to play the “triad” role of mentor/counselor, educator, and law enforcement officer. Frequently Asked Questions, Nat’l Ass’n Sch. Res. Officers, https://www.nasro.org/faq [https://perma.cc/DJ5S-4M39]; ACLU, Bullies in Blue: The Origins and Consequences of School Policing 13 (2017). In one study, seventeen percent of SRO respondents said “mentoring” was their primary role and two percent said “teaching” was. Holly Kurtz et al., Educ. Wk. Rsch. Ctr., School Policing: Results of a National Survey of School Resource Officers 14 (2018), https://epe.brightspotcdn.com/15/03/8b55a2594956a360fee8e0dd454c/school-resource-officer-survey-copyright-education-week.pdf [https://perma.cc/ARN2-MJ8P]. Surveys with SROs indicate some view their roles even more broadly to include “surrogate parent” and “social worker.” Benjamin W. Fisher et al., The Alignment Between Community Policing and the Work of School Resource Officers, 25 Police Q. 561, 564 (2022).

^ Harbor-UCLA Med. Ctr., L.A. Cnty. Dep’t of Health Servs., 2021–2022 Orientation/Reorientation Handbook 69–70 (2021).

^ See, e.g., Michael Schwirtz, Public Housing Patrols Can Mean Safety or Danger, N.Y. Times (Nov. 21, 2014), https://www.nytimes.com/2014/11/22/nyregion/housing-patrols-can-mean-safety-or-peril-to-residents.html [https://perma.cc/9XKV-UDTC].

^ See, e.g., Derek Thompson, Unbundle the Police, The Atlantic (June 11, 2020), https://www.theatlantic.com/ideas/archive/2020/06/unbundlepolice/612913 [https://perma.cc/WRG7-F2BT].

^ In this Article, I refer to institutions in the manner sociologists define “formal institutions.” In sociology, “institution” is defined as “a relatively durable, socially organized element of social structure that meets social and individual needs and in return influences, secures and maintains social order and the continuity of social life.” Anna Odrowąż-Coates, Institution, in The Blackwell Encyclopedia of Sociology 1, 1 (George Ritzer & Chris Rojek eds., 2021). “Formal institutions include government and welfare institutions, medical facilities, public transportation, cultural and artistic institutions, and law enforcement agencies (police, courts, prisons, and rehabilitation centers).” Id. Finally, “formal institutions develop organized ways of functioning that often mean a bureaucratization of processes.” Id.

^ See Monica C. Bell, Katherine Beckett & Forrest Stuart, Investing in Alternatives: Three Logics of Criminal System Replacement, 11 U.C. Irvine L. Rev. 1291, 1299 (2021) (“[P]olice and penal institutions have become the primary available response to a wide range of social problems, including not only violence but also mental illness, substance abuse, and other behavioral health issues.”); F. Chris Curran et al., Why and When Do School Resource Officers Engage in School Discipline? The Role of Context in Shaping Disciplinary Involvement, 126 Am. J. Educ. 33, 52 (2019) (noting that “administrators and teachers actively sought to bring [School Resource Officers] into the disciplinary fold” with “principals and teachers asking them for help with many disciplinary scenarios” and “[m]any teachers report[ing] that they enjoyed a supportive relationship with the [School Resource Officer]”); Barry Friedman, Are Police the Key to Public Safety?: The Case of the Unhoused, 59 Am. Crim. L. Rev. 1597, 1600 (2022) (“Part of the reason police are saddled with so many social problems is because, as the police themselves point out frequently, they are the only ones who respond around the clock, all days of the week and year.”).

^ For example, schools in some states are now required to have armed officers on campus. See, e.g., Leslie Postal, Central Florida Charter Schools Struggle to Pay for On-Campus Officers Required by New Law, Orlando Sentinel (Apr. 6, 2019, 5:09 PM), https://www.orlandosentinel.com/news/education/os-police-charter-schools-parkland-20180904-story.html [https://perma.cc/L363-58JX].

^ See, e.g., infra section IV.A, pp. 883–87; Barbara A. Fedders, The End of School Policing, 109 Calif. L. Rev. 1443, 1460–62 (2021) (explaining the sources of federal and state funding that incentivize the hiring of school police and arguing that such funding is less likely to be available for other methods of enhancing safety such as school-based mental health staff). See generally Benjamin Levin, Criminal Law Exceptionalism, 108 Va. L. Rev. 1381 (2022) (explaining why criminal law and policing are distinct from other alternatives and how policing reflects problems of societal power and punitiveness).

^ As I explain more in Part I, these institutions are illustrative of the interactions I am attempting to describe in this Article. See infra section I.A, pp. 818–22.

^ I followed several steps to develop this Article’s framework. I first asked how police became inculcated into these various institutional contexts, whether the scale or scope changed over time, and what circumstances produced this change. Second, I examined each institution’s current bureaucratic infrastructures to understand police hierarchy, institutional support or reluctance for policing, and police oversight mechanisms. The second inquiry led to the third. I asked: What are the boundaries of specialized police agencies? I am interested in boundaries both in terms of geographical borders (are there restrictions to where police operate and why?) and in terms of limits to their functions (how are police duties or arrest authority different than ordinary policing when within institutional spaces?). And finally, given my interest in state violence and management of the poor, unhoused, disabled, and Black, Indigenous, and People of Color (BIPOC), I wanted to understand the consequences of policing for the marginalized clientele the institutions serve.

^ See generally, e.g., Dorothy Roberts, Torn Apart: How the Child Welfare System Destroys Black Families — And How Abolition Can Build a Safer World (2022) (policing, schools, and welfare); Elizabeth Hinton, America on Fire: The Untold History of Police Violence and Black Rebellion Since the 1960s, at 67–68, 147–54 (2021) (extension of police surveillance into public housing projects and public schools); Marisol LeBrón, Policing Life and Death: Race, Violence, and Resistance in Puerto Rico 115–16 (2019) (policing and antipoverty governance); Julilly Kohler-Hausmann, Getting Tough: Welfare and Imprisonment in 1970s America 164–66 (2017) (criminalization and prosecution of welfare fraud); Monica C. Bell, Anti-segregation Policing, 95 N.Y.U. L. Rev. 650, 656 (2020) (segregation, housing, and policing).

^ Professors Khiara Bridges and Priscilla Ocen have made similar observations regarding the ways maternal health care, social welfare, and child protective services (or family regulation) regulate the choices poor Black women and girls are able to make. Priscilla A. Ocen, Birthing Injustice: Pregnancy as a Status Offense, 85 Geo. Wash. L. Rev. 1163, 1165 (2017); Khiara M. Bridges, Pregnancy, Medicaid, State Regulation, and the Production of Unruly Bodies, 3 Nw. J.L. & Soc. Pol’y 62, 64 (2008); see also Sinikka Elliott & Megan Reid, Low-Income Black Mothers Parenting Adolescents in the Mass Incarceration Era: The Long Reach of Criminalization, 84 Am. Socio. Rev. 197, 201 (2019) (discussing how criminalization of Black youth and Black mothers combine to criminalize the Black family); Dorothy E. Roberts, Unshackling Black Motherhood, 95 Mich. L. Rev. 938, 938 (1997) (noting that prosecutions of women who use drugs while pregnant tend to target women of color).

^ See, e.g., Bell, supra note 14, at 701–02 (“Although much legal and criminological literature on policing treats it as a closed system, sociological research has shown deep official entanglements between police departments and other arms of the state . . . .” Id. at 701.); Armando Lara-Millán, Public Emergency Room Overcrowding in the Era of Mass Imprisonment, 79 Am. Socio. Rev. 866, 880–81 (2014) (analyzing the impact of incarceration and hospital staff’s police-like attitudes on emergency department medical care staff triage decisions). Sociologist Loïc Wacquant famously analyzes the “Left hand” of the State, which guides social-welfare institutions, and the “Right hand” of the State, which shapes penal institutions. Loïc Wacquant, Punishing the Poor: The Neoliberal Government of Social Insecurity 6 (2009) (quoting Pierre Bourdieu et al., The Weight of the World 219–28 (Priscilla Ferguson et al. trans., Polity Press 1999) (1993)). He looks at a variety of institutions to underscore how under neoliberalism, the Left hand is weakening while the Right hand is growing stronger. Id. This framework is useful for seeing the relationship between the Right and Left hands and the enmeshing of the penal state within the welfare state. See id. See generally Frances Fox Piven & Richard A. Cloward, Regulating the Poor: The Functions of Public Welfare (Vintage Books 2d ed. 1993) (1971); Jonathan Simon, Poor Discipline: Parole and the Social Control of the Underclass, 1890–1990 (1993).

^ See, e.g., Amna A. Akbar, An Abolitionist Horizon for (Police) Reform, 108 Calif. L. Rev. 1781, 1841 (2020) (“When organizers talk about abolishing the prison industrial complex, they mean to refer not just to the police but also prisons, surveillance, and other forms of penal control. Without a comprehensive look at these interconnected institutions that sustain unprecedented levels of incarceration, we cannot make reform recommendations capable of even denting this hydra-like system.”); Dorothy E. Roberts, The Supreme Court, 2018 Term — Foreword: Abolition Constitutionalism, 133 Harv. L. Rev. 1, 16–19 (2019) [hereinafter Roberts, Foreword]; Bell, Beckett & Stuart, supra note 9, at 1298; Jocelyn Simonson, Police Reform Through a Power Lens, 130 Yale L.J. 778, 860 (2021); Ngozi Okidegbe, The Democratizing Potential of Algorithms?, 53 Conn. L. Rev. 739, 744 (2022); David Garland, The Current Crisis of American Criminal Justice: A Structural Analysis, 6 Ann. Rev. Criminology 43, 44–45 (2023); Michelle S. Phelps, Possibilities and Contestation in Twenty-First-Century US Criminal Justice Downsizing, 12 Ann. Rev. L. & Soc. Sci. 153, 160 (2016); Katherine Beckett, The Politics, Promise, and Peril of Criminal Justice Reform in the Context of Mass Incarceration, 1 Ann. Rev. Criminology 235, 237–39 (2018); Levin, supra note 11, at 1409–14. See generally Fanna Gamal, The Miseducation of Carceral Reform, 69 UCLA L. Rev. 928 (2022); Kate Weisburd, The Carceral Home, 103 B.U. L. Rev. (forthcoming 2023); Marie Gottschalk, Caught: The Prison State and the Lockdown of American Politics (2015); Allegra M. McLeod, Prison Abolition and Grounded Justice, 62 UCLA L. Rev. 1156 (2015); Mariame Kaba, We Do This ‘Til We Free Us: Abolitionist Organizing and Transforming Justice (Tamara K. Nopper ed., 2021); Katherine Beckett & Naomi Murakawa, Mapping the Shadow Carceral State: Toward an Institutionally Capacious Approach to Punishment, 16 Theoretical Criminology 221, 238 (2021). I am drawing from a long literature describing and theorizing the criminalization of poverty. See generally Peter Edelman, Not a Crime to Be Poor: The Criminalization of Poverty in America (2017); Dorothy Roberts, Shattered Bonds: The Color of Child Welfare (2001); Kaaryn S. Gustafson, Cheating Welfare: Public Assistance and the Criminalization of Poverty 51 (2011) [hereinafter Gustafson, Cheating Welfare]; Kaaryn Gustafson, The Criminalization of Poverty, 99 J. Crim. L. & Criminology 643, 646–47 (2009); Priscilla A. Ocen, The New Racially Restrictive Covenant: Race, Welfare, and the Policing of Black Women in Subsidized Housing, 59 UCLA L. Rev. 1540, 1565–68 (2012); Elizabeth Hinton, From the War on Poverty to the War on Crime: The Making of Mass Incarceration in America 3 (2016); Kohler-Hausmann, supra note 14, at 1–2. This intersection includes mass criminalization. Professor Devon Carbado uses this phrase to “mean the criminalization of relatively nonserious behavior or activities and the multiple ways in which criminal justice actors, norms, and strategies shape welfare state processes and policies.” Devon W. Carbado, Blue-on-Black Violence: A Provisional Model of Some of the Causes, 104 Geo. L.J. 1479, 1487 (2016).

^ Professor Dorothy Roberts’s recent work argues that family policing combines state supervision and control in ways that make Child Protective Services an arm of the carceral state. Roberts, supra note 14, at 29–30; see also Dorothy Roberts, Family Policing as Counterinsurgency and the Gathering Abolitionist Force, 74 Am. Q. 221, 221 (2022). Relatedly, Professor Monica Bell looks beyond policing’s crime-control functions to examine the noncriminal role of police in maintaining racial residential segregation. Bell, supra note 14, at 701–28; see also Leslie Paik, Trapped in a Maze: How Social Control Institutions Drive Family Poverty and Inequality 14 (2021) (arguing that a “multi-institutional maze shows the repercussions of . . . individualized practices across institutions, as institutional obligations compound one another and the discretionary actions of frontline workers in one agency can affect the work in another, propelling families out of or deeper into the maze”).

^ See sources cited infra notes 82, 164.

^ See sources cited supra notes 16–17.

^ See Akbar, supra note 17, at 1789–802. Policing in formal institutions hides large parts of the police apparatus in plain sight; cf. Beckett & Murakawa, supra note 17, at 222 (“[W]e suggest that criminal law and criminal justice institutions increasingly represent only the most visible tentacles of penal power.”). Determining exactly what the police do and how we came to use police for nearly every social function is a prominent feature in recent policing scholarship. See Monica C. Bell, Next-Generation Policing Research: Three Propositions, J. Econ. Persps., Fall 2021, at 29, 30–33. Indeed, a broad project among law scholars aims to develop an understanding of police functions. See Barry Friedman, Disaggregating the Policing Function, 169 U. Pa. L. Rev. 925, 930 (2021) (“[W]e need to look beyond minimizing the harms of policing and focus on what it is exactly the police do daily, asking whether the police are the institution best suited to the panoply of societal needs they confront regularly.”); Levin, supra note 11, at 1398 (“[T]he integration of sociological and ethnographic methods into the criminal legal academy has invited a shift away from exceptionalist or idealized theories of what the criminal law ought to be to thick descriptions of what the criminal law is.”).

^ “Disorder” policing is known to encompass a variety of policing strategies to address the broken windows theory of crime popularized by Professors George Kelling and James Wilson. George L. Kelling & James Q. Wilson, Broken Windows: The Police and Neighborhood Safety, The Atlantic (Mar. 1982), https://www.theatlantic.com/magazine/archive/1982/03/broken-windows/304465 [https://perma.cc/A4MR-XDR8]. Often seen as a subsection of community policing, the broken windows theory posits that crime can be prevented by addressing relatively minor signs of disorder like panhandling and loitering. See id. Police departments have implemented disorder policing strategies like “order maintenance” and “zero tolerance” policing or comparatively less severe policies like problem-oriented policing. Anthony A. Braga, Crime and Policing Revisited, New Persps. Policing, Sept. 2015, at 1, 14, https://www.ncjrs.gov/pdffiles1/nij/248888.pdf [https://perma.cc/2CKE-5RQV]. See generally Bernard E. Harcourt, Illusion of Order: The False Promise of Broken Windows Policing 23–27 (2001) (discussing Wilson and Kelling’s broken windows theory and the order maintenance approach to crime control).

^ I benefit from Professor Issa Kohler-Hausmann’s sociological explanation of New York City’s Adjournment in Contemplation of Dismissal (ACD), where a court dismisses a charge after a court-designated period without a subsequent arrest; however, the ACD allows the court and district attorney to monitor the person’s behavior over time and ratchet up punishment with subsequent court encounters. Issa Kohler-Hausmann, Misdemeanorland 80, 83–85 (2018). Similarly, as I will show, subcriminal flagging of institutional records provides an opportunity for predis­position of a person’s criminality and ratchets up the consequences of noncriminal actions that step outside the norms, values, or rules established in the particular setting. See infra section II.A, pp. 826–39.

^ Carceral logic can be understood as a punishment mindset that permeates noncarceral locations or functions. See Kaba, supra note 17, at 125; Roberts, Foreword, supra note 17, at 7, 18. See generally Christy E. Lopez, Abolish Carceral Logic, 17 Stan. J.C.R. & C.L. 379, 386–87 (2022).

^ Racialized social systems are defined as “societies in which economic, political, social, and ideological levels are partially structured by the placement of actors in racial categories or races.” Eduardo Bonilla-Silva, Rethinking Racism: Toward a Structural Interpretation, 62 Am. Socio. Rev. 465, 469 (1997). This approach is recognized in legal scholarship. See, e.g., Paul Butler, The System Is Working the Way It Is Supposed to: The Limits of Criminal Justice Reform, 104 Geo. L.J. 1419, 1434 (2016) (“[The critique] views police practices against blacks as symptoms of structural racism and white supremacy.”).

^ See generally Marie Gottschalk, Dismantling the Carceral State: The Future of Penal Policy Reform, 84 Tex. L. Rev. 1693, 1695 (2006) (focusing on “the potential building blocks for a successful reform coalition”).

^ See, e.g., Devon W. Carbado, Predatory Policing, 85 UMKC L. Rev. 545, 551–52 (2017) (discussing mass criminalization in schools).

^ Professors Katherine Beckett and Naomi Murakawa developed the concept of a “shadow carceral state,” Beckett & Murakawa, supra note 17, at 222, to describe “the subtle, complex, and often hidden politics that lead institutional actors to create novel yet consequential pathways that lead directly to the carceral state,” id. at 238. They look to the legal liminality that administrative agencies and actors hold within immigration enforcement and parole revocation. Id. at 222. These agencies and actors, they argue, blend civil, administrative, and criminal authority. Id. at 235. My project similarly maps the “legally hybrid and institutionally variegated” aspects of penality through the “submerged, serpentine” tentacles of transinstitutional policing within schools, hospitals, mass transit, and public housing. Id. at 222. I also aim to make visible a subterranean aspect of the carceral state.

^ Cf. Roberts, supra note 14, at 25 (“Some activists even recommended transferring money, resources, and authority from police departments to health and human services agencies that handle child protection. These proposals ignored how the family-policing system surveils and represses Black and other marginalized communities in ways similar to the law enforcement systems condemned by the protesters.”); Bell, Beckett & Stuart, supra note 9, at 1301–02 (“There is a large body of research cataloguing the perils of the welfare state for poor people and communities of color — surveillance, blame and assessments of desert, humiliation and stigmatization, administrative burden, reinforcement of racial hierarchy, and the welfare state’s own carceral and neoliberal logics and justifications.”).

^ Professor Roberts argues family policing is part of the carceral regime abolitionists are working to dismantle. Roberts, supra note 14, at 29. The same can be said for transit police, school police, housing police, and hospital police.

^ See infra section III.B, pp. 868–74.

^ See Megan Y. Harada et al., Policed Patients: How the Presence of Law Enforcement in the Emergency Department Impacts Medical Care, 78 Annals Emergency Med. 738, 745 (2021); Andrea N. Montes et al., Blurred and Confused: The Paradox of Police in Schools, 15 Policing 1546, 1557 (2020). See generally Monica C. Bell, Police Reform and the Dismantling of Legal Estrangement, 126 Yale L.J. 2054, 2072 (2017) (“African Americans, particularly those who are poor or who live in high-poverty or predominately African American communities, tend to have less trust not only in police, but also in other governmental institutions . . . .”); Tom R. Tyler, Procedural Justice, Legitimacy, and the Effective Rule of Law, 30 Crime & Just. 283, 295 (2003).

^ See Hinton, supra note 14, at 10–11; infra section II.A, pp. 826–39. Professor Forrest Stuart’s theory of therapeutic policing offers a more nuanced and careful understanding of the regulatory nature of social agencies, such as schools and health care agencies, and the disciplinary dimensions of policing. Forrest Stuart, Down, Out, and Under Arrest: Policing and Everyday Life in Skid Row 8, 15 (2016). See generally Monica C. Bell, Situational Trust: How Disadvantaged Mothers Reconceive Legal Cynicism, 50 Law & Soc’y Rev. 314, 316 (2016); David Garland, The Culture of Control: Crime and Social Order in Contemporary Society, at xii (2001).

^ See Kohler-Hausmann, supra note 23, at 4 (arguing lower courts operate under a “managerial model” that is “concerned with managing people through engagement with the criminal justice system over time” (emphasis omitted)). Through this model, court actors use “the assorted tools of criminal law and procedure to sort, test, and monitor people over time.” Id. at 5.

^ See, e.g., Cal. Educ. Code § 72330 (West 2022) (California community college police); id. § 89560 (California State University police); id. § 92600 (University of California police); Conn. Gen. Stat. § 10a-156b (2023) (University of Connecticut special police forces); Fla. Stat. § 1012.97 (2022) (state university police); Md. Code Ann., Educ. § 13-601 (West 2022) (University of Maryland Police Force); see also Postsecondary Campus Safety 2022: Campus Police Forces, Educ. Comm’n States (Oct. 2022), https://reports.ecs.org/comparisons/postsecondary-campus-safety-2022-01 [https://perma.cc/SJ57-PL7D] (collecting state authority on policies creating police forces, or employing persons as police, on campuses).

^ Congress has authorized the Veterans Health Administration (VHA) to create its own police force. See 38 U.S.C. §§ 901–902.

^ See, e.g., Ariz. Rev. Stat. Ann. § 15-1897 (2017) (granting certain private postsecondary institutions authority to appoint peace offers to supplement state law enforcement agencies); Colo. Rev. Stat. § 24-7.5-101 (2022) (granting state institutions of higher education authority to employ police officers); Ind. Code § 21-39-4-2 (2022) (granting state educational institution boards of trustees powers to appoint police officers); N.Y. Educ. Law § 355(2)(l) (McKinney 2022) (granting state university trustees authority to appoint and remove police officers); see also Yale Univ. Police Dep’t, Order 103: Law Enforcement Authority 2 (2021), https://your.yale.edu/sites/default/files/103-law-enforcement-authority.pdf [https://perma.cc/3ELY-PTSR] (“Personnel policies and procedures established by the University apply to Yale University police officers in all matters of promotion, termination, discipline and employment and are administered solely by the University.”).

^ See, e.g., Univ. Wis.-Madison Police Dep’t, Policy 11.1, Organizational Structure (2020), https://uwpd.wisc.edu/content/uploads/2015/08/11.1-Organizational-Structure-06.14.pdf [https://perma.cc/T5EA-W4N9]; Matthew E. Carmichael, Univ. of Or. Police Dep’t, Department Training Plan 10, https://police.uoregon.edu/sites/police1.uoregon.edu/files/uopd_training_plan.pdf [https://perma.cc/GZ4C-A6GA]; Phila. Police Dep’t & Univ. of Pa. Police Dep’t, Memorandum of Understanding Between Philadelphia Police Department & University of Pennsylvania Police Department, https://www.publicsafety.upenn.edu/files/Memorandum-of-Understanding-Between-Philadelphia-Police-Department-University-of-Pennsylvania-Police-Department-.pdf [https://perma.cc/4JSE-JT8F].

^ See, e.g., Columbia Univ., Columbia University Public Safety 2022 Annual Security and Fire Safety Report 5 (2022), https://publicsafety.columbia.edu/sites/default/files/content/SecurityReport2022.pdf [https://perma.cc/EH49-4FCR] (“[Department of Public Safety staff] authority to reasonably detain individuals suspected of criminal activity on University property is the same as the authority of any property owner or property owner’s designee. These officers are not sworn and do not carry firearms, nor do they have police powers including those of arrest.”); City of Cincinnati & Univ. of Cincinnati, Memorandum of Understanding Between City of Cincinnati and University of Cincinnati to Engage in Mutual Aid (2021), https://www.cincinnati-oh.gov/noncms/cmgr/memo/index.cfm?action=public.viewpdf&name=42642.pdf [https://perma.cc/MX6Z-MLYH] (clarifying University of Cincinnati Police Department’s off-campus authority); Johns Hopkins Police Dep’t & The Police Dep’t of Balt. City, Memorandum of Understanding Between the Johns Hopkins Police Department and the Police Department of Baltimore City: Coordination of Law Enforcement Responsibilities 5–6 (2022), https://publicsafety.jhu.edu/assets/uploads/sites/9/2022/12/Final-Executed-MOU-12022022.pdf [https://perma.cc/SB8L-K7BZ]; Phila. Police Dep’t & Univ. of Pa. Police Dep’t, supra note 38.

^ See, e.g., Syracuse Police Dep’t & Syracuse Univ. Dep’t of Pub. Safety, Memorandum of Understanding Between Syracuse Police Department & Syracuse Department of Public Safety (2014), https://dps.syr.edu/wp-content/uploads/2016/01/MOU-Signed-12-3-2014.pdf [https://perma.cc/K6JK-KTFW] (requiring Syracuse Police Department (SPD) to contact university police department in advance of executing warrant or conducting investigation on the University campus and requiring campus police officer to “accompany and/or assist SPD personnel”).

^ See infra section II.C, pp. 851–61.

^ See Jamie P. Hopkins & Kristina Neff, Jurisdictional Confusion that Rivals Erie: The Jurisdictional Limits of Campus Police, 75 Mont. L. Rev. 123, 137 (2014). Veterans Affairs police are able to interact with the community through their ability to “conduct investigations, on and off Department [of Veterans Affairs] property.” 38 U.S.C. § 902(a)(1)(E); U.S. Dep’t of Veterans Affs., Handbook 0730/3, Security and Law Enforcement 9 (2014).

^ See, e.g., Ashley Schoenfisch & Lisa Pompeii, IHSS Found., Weapons Use Among Hospital Security Personnel 10 (2014), https://cdn.ymaws.com/www.iahss.org/resource/collection/48907176-3B11-4B24-A7C0-FF756143C7DE/2014_Weapons_use_among_hosptial_security_personnel.pdf [https://perma.cc/E37N-UJDJ].

^ See, e.g., Press Release, NAACP Legal Def. & Educ. Fund, Federal Judge Approves Public Housing Training for NYPD Officers (May 29, 2019), https://www.naacpldf.org/wp-content/uploads/Davis-Housing-Training-Release.pdf [https://perma.cc/5WY4-YBSW] (describing the adoption of public housing–specific training for New York Police Department (NYPD) officers); Sara Jacoby et al., When Health Care and Law Enforcement Overlap, Leonard Davis Inst. of Health Econ. (May 2, 2022), https://ldi.upenn.edu/our-work/research-updates/when-health-care-and-law-enforcement-overlap [https://perma.cc/PN3D-FY5J] (proposing “local hospital/law enforcement partnerships tasked with creating policies to guide hospital law enforcement in collaboration with members of the community”); Joseph M. McKenna & Anthony Petrosino, Nat’l Inst. of Just., School Policing Programs: Where We Have Been and Where We Need to Go Next 29–31 (2022), https://www.ojp.gov/pdffiles1/nij/301592.pdf [https://perma.cc/7GBG-DVZH].

^ See, e.g., Cassandra Garibay, Fresno Housing Authority Renews $300,000 Contract with Police Despite Critics’ Concerns, Fresno Bee (May 27, 2021, 2:02 PM), https://www.fresnobee.com/fresnoland/article251710188.html [https://perma.cc/NF93-GAAX] (reporting on the renewal of a $300,000 contract between the City and County Boards of Commissioners of the Fresno Housing Authority and the Fresno Police Department, despite some community opposition); Robert F. Smith, Policing Paradox, The Commons (Mar. 1, 2023), https://www.commonsnews.org/issue/704/ATM_policing [https://perma.cc/B9R7-XQMK] (describing how in Windham County, Vermont, sheriff’s departments have “been contracted to provide security for unstable patients in emergency rooms waiting for psychiatric hospital beds to become available”).

^ See Mireya Navarro & Joseph Goldstein, Policing the Projects of New York City, At a Hefty Price, N.Y. Times (Dec. 26, 2013), https://www.nytimes.com/2013/12/27/nyregion/policing-the-projects-of-new-york-city-at-a-hefty-price.html [https://perma.cc/VBR4-E7TY].

^ Id.

^ See Health Workers Protest After Patient Was Shot by a Deputy at Hospital, NBC L.A. (Oct. 14, 2020, 10:03 AM), https://www.nbclosangeles.com/news/local/health-care-providers-demonstrate-harbor-ucla-hospital-deputy-shooting-patient/2443679 [https://perma.cc/JA2D-63DU] (confirming the existence of the Harbor-UCLA-based sheriff’s unit).

^ Fisher et al., supra note 4, at 564. Students at more than half of the nation’s schools are monitored by security officers, many of whom are law enforcement officers assigned through contractual relationships with local police. See id. at 562.

^ Stephen Sawchuk, School Resource Officers (SROs), Explained, Educ. Wk. (Nov. 16, 2021), https://www.edweek.org/leadership/school-resource-officer-sro-duties-effectiveness [https://perma.cc/H7E9-J3LD].

^ Kurtz et al., supra note 4, at 11.

^ Sawchuk, supra note 50.

^ See Michael Heise & Jason P. Nance, “Defund the (School) Police”? Bringing Data to Key School-to-Prison Pipeline Claims, 111 J. Crim. L. & Criminology 717, 721 (2021); Joscha Legewie & Jeffrey Fagan, Aggressive Policing and the Educational Performance of Minority Youth, 84 Am. Socio. Rev. 220, 221 (2019) (finding one NYPD program “lowered the educational performance of African American boys, which has implications for child development, economic mobility, and racial inequality”).

^ For examples of transit police agencies separate from local police, see Transit Police, SEPTA, https://www5.septa.org/about/security [https://perma.cc/2FWT-CAAV] (policing the Southeastern Pennsylvania Transportation system); and About Us, N.J. Transit Police, https://police.njtransit.com/aboutus [https://perma.cc/E29U-8STX] (policing the statewide transit system). For examples of transit authorities using multiple law enforcement agencies, see Transit Police, RTD, https://www.rtd-denver.com/rider-info/safety-and-security/rtd-transit-police [https://perma.cc/83FP-3W9C] (policing by Regional Transportation District-Denver transit police, law enforcement partners, and private security); Patrol, King Cnty. Metro, https://kingcounty.gov/depts/transportation/metro/about/transit-police/operations/patrol.aspx [https://perma.cc/2KKS-FJWG] (policing by the King County Sheriff’s Department); and Security, Chi. Transit Auth., https://www.transitchicago.com/security [https://perma.cc/6YQF-76TM] (policing by the Chicago Police Department). For an example in which units are assigned to transit systems, see Police — Transit Enforcement Unit, City of Phx., https://www.phoenix.gov/publictransit/police-transit-enforcement-unit [https://perma.cc/P6DJ-Y48X] (policing by a section of the Phoenix Police Department assigned to the Phoenix Public Transit Department).

^ BART Police, Bay Area Rapid Transit, https://www.bart.gov/about/police [https://perma.cc/NHQ6-SU7H]; Transit Police, SEPTA, supra note 54.

^ Transit, Housing & Transportation, NYPD, https://www1.nyc.gov/site/nypd/bureaus/transit-housing/transit-housing-landing.page [https://perma.cc/H8HW-8NPZ] (policing NYC subway); MTA Police, MTA, https://new.mta.info/agency/mta-police [https://perma.cc/X32P-SDTS] (policing NYC subway, Long Island Railroad, Metro-North, and Staten Island Railway).

^ See Robert Garrova, LA Metro Votes to Extend Law Enforcement Contracts and Fund Public Safety Alternatives, LAist (Dec. 2, 2021, 4:30 PM) https://laist.com/news/transportation/la-metro-votes-to-fund-law-enforcement-contracts-and-public-safety-alternatives [https://perma.cc/JUH7-D22S]; Transit Policing Services, L.A. Cnty. Sheriff’s Dep’t, http://shq.lasdnews.net/pages/PageDetail.aspx?id=2184 [https://perma.cc/Q3KN-GGRS] (explaining a unit of the L.A. County Sheriff’s Department that provides contract transit services to the L.A. Metropolitan Transportation Authority and the Southern California Regional Rail Authority); All. for Cmty. Transit — L.A. et al., Metro as a Sanctuary: Reimagining Safety on Public Transit 9, https://www.act-la.org/wp-content/uploads/2022/01/Metro-as-a-Sanctuary-ACT-LA.pdf [https://perma.cc/6TRK-L3WV].

^ See infra Parts II–III, pp. 824–82.

^ See generally Sunita Patel, Embedded Healthcare Policing, 69 UCLA L. Rev. 808 (2022).

^ See Counselors Not Cops: Ending the Regular Presence of Law Enforcement in Schools, Dignity in Schs., https://dignityinschools.org/interactive/counselors-not-cops [https://perma.cc/R8ZB-FZ8Y].

^ See About the Campaign, Housing Not Handcuffs, https://housingnothandcuffs.org [https://perma.cc/YP6J-XAU2].

^ See Wacquant, supra note 16, at 143; Bell, Beckett & Stuart, supra note 9, at 1295–99.

^ See, e.g., Curran et al., supra note 9, at 52–53 (observing that when a School Resource Officer “takes on a more active role in formal education, the need for them to engage in discipline increases”); Lara-Millán, supra note 16, at 877 (describing frontline worker reliance on hospital police, beyond security and protection functions, to perform waiting room “thinning” of patients).

^ For this Article, I am not including private security or private policing in formal institutions. For example, private K–12 schools and hospitals may hire their own police. See, e.g., David Armstrong, Cleveland Hospitals’ Private Police “Border Patrol” Comes Under Scrutiny, ProPublica (Oct. 15, 2020, 5:00 AM), https://www.propublica.org/article/cleveland-hospitals-private-police-border-patrol-comes-under-scrutiny [https://perma.cc/3XMW-AQPT] (reporting on the “private police forces . . . run by the Cleveland Clinic, University Hospitals and University Circle Inc. [that] are armed and have the same powers as city police”); John Diedrich, Raquel Rutledge & Daphne Chen, New Police Force in America: More Hospitals Are Creating Private Departments, Raising Concerns About Secrecy and Abuse, Milwaukee J. Sentinel (Jan. 13, 2021, 12:25 PM), https://www.jsonline.com/in-depth/news/investigations/2020/12/15/hospital-police-have-power-officers-but-little-oversight/6362900002 [https://perma.cc/AJM2-2KFE] (reporting on the prevalence of police departments within local hospitals). The different power and authority for public and private policing warrant separate treatment of the important question: What happens if the public function of policing is handed over to private police forces? See generally Stephen Rushin, The Regulation of Private Police, 115 W. Va. L. Rev. 159 (2012) (discussing differences in behaviors, purposes, and logics, and summarizing nuances of power, between private and public police); David A. Sklansky, The Private Police, 46 UCLA L. Rev. 1165, 1187 (1999) (stating that “public police obviously have some well-defined powers that private security personnel lack” such as authority surrounding warrantless searches, compelling bystander assistance, and criminalizing arrest resistance); David Alan Sklansky, Private Police and Democracy, 43 Am. Crim. L. Rev. 89, 98 (2006) (“[T]he defining characteristic of private policing is its ‘client driven mandate.’”). Private security is another form of policing operating within formal institutions in wealthier areas. See, e.g., Yoav Gonen, Public Funding of Private-School Security Grows by Millions, The City (Apr. 12, 2019, 4:10 AM), https://www.thecity.nyc/education/2019/4/12/21211154/public-funding-of-private-school-security-grows-by-millions [https://perma.cc/C9DQ-5324] (reporting on a New York City program that funds unarmed security guards at private schools); Joe Barrett, In Chicago, Wealthy Neighborhoods Hire Their Own Private Police as Crime Rises, Wall St. J. (Apr. 29, 2022, 9:00 AM), https://www.wsj.com/articles/in-chicago-wealthy-neighborhoods-hire-their-own-private-police-as-crime-rises-11651237201 [https://perma.cc/VU7G-YSQT] (reporting on Chicago neighborhoods who have hired off-duty police officers to patrol their streets).

^ A central interest in sociological inquiry includes how aspects of control contribute to the ordering of society. For example, Wacquant argues that policing in the United States is especially tied to the neoliberal politics that dismantled the welfare state and public assistance programs. Wacquant, supra note 16, at 6, 14–16, 290–91. Professor David Lyon observes that “surveillance — watching over — both enables and constrains, involves care and control.” David Lyon, Surveillance Society: Monitoring Everyday Life 3 (2001). He points to the “sharp end” of surveillance as a mechanism of constraint and control but acknowledges “its capacity to reinforce social and economic divisions, to channel choices and to direct desires.” Id. at 4. I combine this juxtaposition of choices, desires (autonomy), and care with the insights of Professor Liat Ben-Moshe in disability justice. She points to “the use of ‘choice’ and ‘care’ as mechanisms to resist carceral enclosures and their potential closure.” Liat Ben-Moshe, Decarcerating Disability: Deinstitutionalization and Prison Abolition 190 (2020). More generally, Ben-Moshe views resistance against decarceration and deinstitutionalization in prison and disability institutions as embedded in the discourse of “rights/choice,” “care/work/labor,” and “innocence/safety.” Id. She tells the story of “post-1970s political economy [entanglement] with . . . economies of care.” Id. During this era, the framework of choice became a prominent neoliberal idea at the same time that public resources for “housing, welfare, and healthcare” were diminishing. Id. This resonates with my view — federal funding or match funding became available for housing authorities, schools, transit, and so forth, to focus on safety and security (policing) rather than addressing the underlying social inequalities or root causes. Thus, where individuals engage in choice-making with regard to safety and care, they are often constrained by regulations from the state and institutions. See generally Jonathan Simon, Governing Through Crime (2010) (arguing institutions are increasingly governed through the lens of crime and criminal enforcement).

^ See Michael Lipsky, Street-Level Bureaucracy: Dilemmas of the Individual in Public Services 3–4 (1983) (“The ways in which street-level bureaucrats deliver benefits and sanctions structure and delimit people’s lives and opportunities.” Id. at 4.); James Q. Wilson, Varieties of Police Behavior: The Management of Law & Order in Eight Communities 140–226 (1968) (describing how, in some situations, police “act as if order maintenance rather than law enforcement were their principal function,” id. at 140).

^ See infra section II.B.1, pp. 840–46. Institutions of care can also deprive resources. See Megan Comfort et al., How Institutions Deprive: Ethnography, Social Work, and Interventionist Ethics Among the Hypermarginalized, RSF: The Russell Sage Found. J. Soc. Scis., Nov. 2015, at 100, 115 (concluding study subjects “navigated the maze of underfunded, rigidly bureaucratized institutions that served more as gatekeepers withholding the protections of social integration than as conduits to those protections”).

^ Patel, supra note 59, at 843–44 (“First, the Committees may enter a red flag — which appears in large, all-caps, red letters — into a patients’ [sic] electronic medical records to alert all staff at any Veterans Affairs (VA) facility around the country that a patient engaged in or is at risk of engaging in disruptive behavior. . . . Third, the [VA police] may cite or arrest a patient for criminal charges or for a ‘disturbance’ . . .”).

^ See Univ. of Pa. Police Dep’t, Directive Eleven, Law Enforcement Agency Role 3 (2021), https://live-upe.pantheonsite.io/files/2022/03/UPPD-Directive-11.pdf [https://perma.cc/3A7W-VKZV] (“[O]fficers can request that student offenders be referred to the University’s Office of Student Conduct in lieu of (or in addition to) criminal prosecution.”).

^ See Jennifer Smith Richards et al., The Price Kids Pay: Schools and Police Punish Students with Costly Tickets for Misbehavior, Chi. Trib. (Apr. 28, 2022, 4:00 AM), https://www.chicagotribune.com/investigations/ct-illinois-schools-discipline-tickets-fines-price-kids-pay-20221013-tpkekqt3sfcadhmczbl7xadcva-htmlstory.html [https://perma.cc/W6AE-G2ET] (reporting that at one Illinois high school, “10 school security workers patrol the hallways and stand guard outside the bathrooms. If they spot vaping devices, fights or other trouble, they alert school administrators, who decide whether to share the information with the school resource officer”); id. (“‘It’s all on what the school wants to do,’ said [city of] Harvard Deputy Chief Tyson Bauman. ‘The school official has to be the person who says, “Yes, issue a ticket.”‘“); Neil Bedi & Kathleen McGrory, Pasco’s Sheriff Uses Grades and Abuse Histories to Label Schoolchildren Potential Criminals. The Kids and Their Parents Don’t Know, Tampa Bay Times (Nov. 19, 2020), https://projects.tampabay.com/projects/2020/investigations/police-pasco-sheriff-targeted/school-data [https://perma.cc/X6LN-77ZQ] (reporting on the use of in-school discipline records by local police).

^ Hassan Kanu, “Crime-Free” Housing Law Settlement with U.S. Justice Dept Puts Cities on Notice, Reuters (Dec. 19, 2022, 6:36 PM), https://www.reuters.com/legal/government/crime-free-housing-law-settlement-with-us-justice-dept-puts-cities-notice-2022-12-19 [https://perma.cc/S583-NS7P] (“Crime-free housing ordinances encourage or require private landlords to reject or evict tenants simply for having some contact with the justice system — including people merely suspected of undefined ‘criminal activity.’”).

^ See Patel, supra note 59, at 843–44; cf. Veterans Health Admin., U.S. Dep’t of Veterans Affs., Directive 2010-053, Patient Record Flags 1 (2010) (describing the VHA’s protocols for the use of behavioral record flags).

^ See Patel, supra note 59, at 843.

^ See U.S. Dep’t of Veterans Affs., Patient Record Flags (PRF) User Guide 50, 61, 70 (2019); U.S. Dep’t of Veterans Affs., Implementing Multidisciplinary Behavioral Threat Assessment and Management Practice in Health Care: Disruptive Behavior Committee (DBC) Guidebook 19, 69 (2021) [hereinafter DBC Guidebook].

^ See U.S. Dep’t of Veterans Affs., Computerized Patient Record System (CPRS) User Guide: GUI Version 62–75 (2023), https://www.va.gov/vdl/documents/Clinical/Comp_Patient_Recrd_Sys_(CPRS)/cprsguium.pdf [https://perma.cc/3Q67-3NYR] (describing the Patient Record Flag interface and providing a screenshot of its appearance).

^ See sources cited supra note 72; DBC Guidebook, supra note 74, at 69; see also Patel, supra note 59, at 843.

^ Patel, supra note 59, at 849; Off. of Inspector Gen., U.S. Dep’t of Veterans Affs., Report No. 11-02585-129, Healthcare Inspection: Management of Disruptive Patient Behavior at VA Medical Facilities 9 & tbl.1 (2013).

^ Over fifty-six percent of referrals were for a “[v]erbal aggression or verbal attack,” which includes “screaming or swearing at facility staff or using racial or ethnic slurs.” Off. of Inspector Gen., supra note 77, at 9 & tbl.1; see also Linda E. Weinberger et al., Balancing Safety Against Obstruction to Health Care Access: An Examination of Behavioral Flags in the VA Health Care System, 5 J. Threat Assessment & Mgmt. 35, 35–36 (2018).

^ See Weinberger et al., supra note 78, at 38.

^ See Kohler-Hausmann, supra note 23, at 144–45; Responding to Disruptive Patients, 75 Fed. Reg. 69881, 69881 (Nov. 16, 2020) (“VA has determined that arrest is generally not an appropriate remedy in a situation where the Department must balance the rights and needs of a disruptive patient against the need to protect other patients, guests, and staff.”).

^ See Josh Seim, Bandage, Sort, and Hustle: Ambulance Crews on the Front Lines of Urban Suffering 119–20 (2020) (“With a powerful toolkit of protocols at their disposal, law enforcement in the county can strategically ‘cut paperwork’ that forces someone to undergo mental health evaluation or simply claim that a person is so drunk or high that they need medical attention.” Id. at 119.).

^ For discussion, see Eisha Jain, The Mark of Policing: Race and Criminal Records, 73 Stan. L. Rev. Online 162, 174–75 (2021); Devah Pager, Marked: Race, Crime, and Finding Work in an Era of Mass Incarceration 154 (2007); and infra note 162 and accompanying text.

^ See Patel, supra note 59, at 842­–46.

^ Order Granting in Part and Denying in Part Motion for Partial Summary Judgment at 2, Lewis v. Mossbrooks, No. 15-08756 (C.D. Cal. Jan. 4, 2021).

^ Id. at 2–3.

^ Id. at 3.

^ Id.

^ Evidence in Support of Defendants’ Motion for Summary Judgment at 91, Lewis v. Mossbrooks, No. 15-08756 (C.D. Cal. Oct. 26, 2017), ECF No. 115-2 [hereinafter Evidence (1 of 2)] (exhibit 39), aff’d in part, rev’d in part, 788 F. App’x 455 (9th Cir. 2019). The fact that the 2010 flag was viewed by the pharmacist was not in dispute.

^ Lewis, 2017 WL 11558251, at *1; see Veterans Health Admin., supra note 72, at 4 (requiring review of behavioral record flags every two years). Removing old flags is important because they carry bias and stigma. See Patel, supra note 59, at 858–59.

^ In dispute was the extent of the threat (“slap” versus “shoot”), Evidence (1 of 2), supra note 88, at 101–02, and whether Mr. Lewis had actual intent to carry out the threat. See Lewis, 2017 WL 11558281, at *2.

^ Evidence (1 of 2), supra note 88, at 5 (listing an email from the pharmacist requesting police escort to accompany Mr. Lewis).

^ Id. at 107 (noting testimony from pharmacist confirming Mr. Lewis returned the next day).

^ Lewis, 2017 WL 11558281, at *2.

^ Evidence (1 of 2), supra note 88, at 2 (“[Mr. Lewis] told the Officers he did not have a gun or anything to hide and permitted the Officers to search his residence.”). Mr. Lewis’s version of the facts includes statements that he felt “intimidated” by the presence of officers on his porch. Declaration of Nolan Lewis in Support of Plaintiff’s Opposition to Defendant’s Motion for Summary Judgment ¶ 22, Lewis, No. 15-08756. He felt he had no choice but to allow them to enter and search. See id. ¶¶ 25, 34.

^ Lewis, 2017 WL 11558251, at *2 (quoting Complaint for Damages ¶ 21, Lewis, No. 15-08756, 2017 WL 11558282).

^ Evidence in Support of Defendants’ Motion for Summary Judgment ¶ 22, Lewis, No. 15-08756, ECF No. 115-1 [hereinafter Evidence (2 of 2)] (declaration of Special Agent Chad Joy).

^ Id. ¶¶ 24–26.

^ Lewis, 2017 WL 11558281, at *2.

^ Evidence (1 of 2), supra note 88, at 136–37.

^ Lewis, 2017 WL 11558281, at *2.

^ See Plaintiff’s Proposed Findings of Fact and Conclusions of Law ¶¶ 78–81, Lewis, No. 15-cv-08756.

^ Id. ¶ 84.

^ See infra section II.C, pp. 851–61.

^ See Patel, supra note 59, at 858–59.

^ Evidence (2 of 2), supra note 96, at 20–21 (declaration of Farrukh Merchant). The physician also requested that the flag stay on Mr. Lewis’s patient record “for at least 5 years if not longer.” Evidence (1 of 2), supra note 88, at 119. The flag led the pharmacist to state, “It allowed me to know that this patient had made threats before. So I ha[d] to approach him differently.” Id. at 103. The physician’s reaction to prolonging an improperly maintained flag is interesting. Even though the VHA had provided health care, housing, and apparent stability for Mr. Lewis, his prior act left a taint in his administrative record.

^ Patel, supra note 59, at 838–39, 850.

^ Id. at 838–39, 874. Further research is necessary to understand whether, in practice, medical providers or certain facilities actually take mental disabilities into account.

^ Id. at 853 & n.214 (detailing VA regulations related to due process notice requirements).

^ See, e.g., Veasy v. United States, No. CV 16-4151, 2017 WL 528322, at *2–4 (E.D. Pa. Feb. 9, 2017) (dismissing for failure to exhaust where veteran patient wrote “several letters to the [VHA] objecting to the police escort requirement,” id. at *2, but they were not addressed to the Chief of Staff and were not sent within thirty days).

^ Professor Monica Bell’s examination of mechanisms through which police entrench residential segregation includes police management and control over different neighborhoods. See Bell, supra note 14, at 687–88, 688 n.177.

^ See, e.g., Complaint ¶¶ 1, 7, 32–33, Ligon v. City of New York, 925 F. Supp. 2d 478 (S.D.N.Y. 2013) (No. 12 Civ. 2274) (alleging that the NYPD’s “Operation Clean Halls” program “allows police officers to patrol inside and around thousands of private residential apartment buildings across the City . . . result[ing] in thousands of illegal stops, searches, summonses, and arrests of those buildings’ residents and their invited guests without cause,” id. ¶ 1); Katherine Beckett & Steve Herbert, Penal Boundaries: Banishment and the Expansion of Punishment, 35 Law & Soc. Inquiry 1, 7 (2010) (“In Seattle, police officers may . . . issue ‘trespass admonishments’ that prohibit a person from being on a certain property or group of properties for an extended period of time, typically one year. Officers are granted this authority via a contract with property owners.”).

^ Alexis Karteron, When Stop and Frisk Comes Home: Policing Public and Patrolled Housing, 69 Case W. Rsrv. L. Rev. 669, 716 (2019) (citing Memorandum of Understanding Between the New York City Housing Authority and the City of New York on Merger of the New York City Housing Authority Police Department and the New York City Police Department at 8–9, Davis v. City of New York, 959 F. Supp. 2d 324 (S.D.N.Y. 2013) (No. 10-cv-00699), ECF No. 176-1); see New York City Housing Authority (NYCHA): Highlights of House Rules, Lease Terms and Policy at 2–3, Davis, 959 F. Supp. 2d 324 (No. 10-cv-00699).

^ Karteron, supra note 112, at 684.

^ Id. at 684–85.

^ “Patrolled housing” refers to “multi-unit dwellings subject to regular patrol by police or other law enforcement officers, typically as a result of agreement between the landlord and a local law enforcement agency.” Id. at 671 n.3.

^ Id. at 685.

^ See, e.g., Editorial, Keep Housing Police on Important Duty, Indianapolis Star, Nov. 8, 2004, at A10 (advocating for the continued funding of “housing police” to monitor public housing residents and Section 8 tenants); Karteron, supra note 112, at 680, 686.

^ Cf. Patel, supra note 59, at 850.

^ See Alisha Jarwala & Sejal Singh, Note, When Disability Is a “Nuisance”: How Chronic Nuisance Ordinances Push Residents with Disabilities Out of Their Homes, 54 Harv. C.R.-C.L. L. Rev. 875, 884 (2019) (“Because nuisance ordinances generally penalize residents for 911 calls, no matter the reason for the call, residents may be cited — or even evicted — when they call for help with a mental health crisis.”); Joseph Mead et al., Treating Neighbors as Nuisances: Troubling Applications of Criminal Activity Nuisance Ordinances, 66 Clev. St. L. Rev. Et Cetera 1, 8 (2018) (collecting “examples of nuisance letters sent in response to incidents of domestic violence” to demonstrate how criminal activity nuisance ordinances “present survivors of domestic violence with the impossible choice between seeking help from law enforcement and keeping their home”); cf. Deborah Archer, Jim Crow in the 21st Century: Crime Free Housing Ordinances, Racial Segregation, and Mass Criminalization, 19 Ohio St. J. Crim. L. 173, 178 (2021) (describing how crime-free housing ordinances can lead to criminal records due to increased police contacts).

^ See Ebonie Megibow & Corianne Payton Scally, Three Obstacles Federally Assisted Housing Programs Need to Overcome to Better Serve Residents with Disabilities, Urban Inst.: Hous. Matters (Mar. 16, 2022), https://housingmatters.urban.org/articles/three-obstacles-federally-assisted-housing-programs-need-overcome-better-serve-residents [https://perma.cc/DF63-UPBY].

^ See Off. of Inspector Gen., HUD’s Office of Public Housing and Voucher Programs, U.S. Dep’t of Hous. & Urb. Dev., Audit Rep. No. 2022-BO-0001, Requests for Reasonable Accommodation in Public Housing Report 8 (2022), https://www.hudoig.gov/sites/default/files/2022-02/2022-BO-0001.pdf [https://perma.cc/UD7V-RR2L] (“[S]ome [public housing agencies] may not be properly implementing existing requirements and may not understand all their responsibilities related to requests for reasonable accommodation.”).

^ Megibow & Scally, supra note 120.

^ Id.

^ Id.

^ For example, in Buffalo, New York, “a local Black Lives Matter group filed a complaint . . . accus[ing] the Buffalo Police Department’s housing unit of engaging in unconstitutional . . . trespass ‘sweeps’ and checkpoints . . . in and around public housing complexes.” Karteron, supra note 112, at 686 (citing Anjana Malhotra, Unchecked Authority Without Accountability in Buffalo, New York: The Buffalo Police Department’s Widespread Pattern and Practice of Unconstitutional Discriminatory Policing, And the Human, Social and Economic Costs 15–16 (2017)).

^ Ocen, supra note 17, at 1576.

^ Letter from Thomas E. Perez, Assistant Att’y Gen., to Leroy D. Baca, Sheriff, 19 (June 28, 2013), https://www.justice.gov/sites/default/files/crt/legacy/2013/06/28/antelope_findings_6-28-13.pdf [https://perma.cc/W59G-U44A].

^ Ocen, supra note 17, at 1574–75.

^ Id. at 1575; see also Complaint ¶¶ 56–59, Cmty. Action League v. City of Lancaster, No. CV11-04817 (C.D. Cal. Feb. 1, 2012). One resident in Lancaster even had a police officer “visit[] her for a noise complaint while she was moving into her current rental. She asked the officer, ‘How am I supposed to have loud music playing when I don’t even have any furniture or anything?’” Rahim Kurwa, Deconcentration Without Integration: Examining the Social Outcomes of Housing Choice Voucher Movement in Los Angeles County, 14 City & Cmty. 364, 380–81 (2015).

^ Ocen, supra note 17, at 1575.

^ Id. at 1577.

^ See id. at 1577–79; Complaint, supra note 129, ¶¶ 37–38, 69.

^ Ocen, supra note 17, at 1577; see also Complaint, supra note 129, ¶¶ 28–29.

^ Ocen, supra note 17, at 1577.

^ Id.; see infra Part III.A, pp. 862–68.

^ See, e.g., Ariz. Rev. Stat. Ann. § 13-2911 (2009) (defining crime of “[i]nterference with or disruption of an educational institution”); Cal. Penal Code § 415.5 (West 2010) (defining crime of “[d]isturbance of [any] peace of school, community college, university[,] or state university”); Fla. Stat. Ann. § 871.01 (West 2000) (defining crime of “[d]isturbing schools and religious and other assemblies”); Utah Code Ann. § 76-8-710 (LexisNexis 2009) (criminalizing “[d]isruption of activities in or near school building”).

^ Susan Ferriss, UPDATE: How Kicking a Trash Can Became Criminal for a 6th Grader, The World (Sept. 3, 2015, 11:00 AM), https://theworld.org/stories/2015-04-10/how-kicking-trash-can-became-criminal-6th-grader [https://perma.cc/WUG4-3SZV].

^ See Neal Morton, If Schools Don’t Overhaul Discipline, “Teachers Will Still Be Calling the Police on Our Black Students,” Hechinger Report (Feb. 1, 2021), https://hechingerreport.org/if-schools-dont-overhaul-discipline-teachers-will-still-be-calling-the-police-on-our-black-students-2 [https://perma.cc/ZQZ3-672A]; Alexa Griffey, This Is Home: School Resource Officers Work to Build Positive Relationships with Students, WTAP (Sept. 9, 2022, 7:41 PM), https://www.wtap.com/2022/09/09/this-is-home-school-resource-officers-work-build-positive-relationships-with-students [https://perma.cc/SX7P-T3PH] (describing how SROs “walk the halls, answer safety questions, [and] handle disciplinary actions and criminal investigations”); Benjamin W. Fisher & Emily A. Hennessy, School Resource Officers and Exclusionary Discipline in U.S. High Schools: A Systematic Review and Meta-Analysis, 1 Adolescent Rsch. Rev. 217, 218 (2016).

^ See generally Jyoti Nanda, Web of Incarceration: School-Based Probation, 21 Nev. L.J. 1117 (2021).

^ Id. at 1129–31.

^ Id. at 1133 (quoting Terry Fain, Susan Turner & Mauri Matsuda, RAND Inst., Los Angeles County Juvenile Justice Crime Prevention Act: Fiscal Year 2014–2015 Report (2016), https://www.rand.org/pubs/research_reports/RR1458.html [https://perma.cc/3H7P-5NQF]); see Cal. Welf. & Inst. Code § 236 (West 2022) (“[P]robation departments may engage in activities designed to prevent juvenile delinquency. These activities include rendering direct and indirect services to persons in the community. Probation departments shall not be limited to providing services only to those persons on probation being supervised under Section 330 or 654, but may provide services to any juveniles in the community.”).

^ See Nanda, supra note 139, at 1130, 1134 (“[Y]outh with two or more problems in the following areas are [considered to be] at a higher risk: family dysfunction (problems of parental monitoring of child behavior or high conflict between youth and parent), school problems (truancy, misbehavior, or poor academic performance), and delinquent behavior (gang involvement, substance abuse or involvement in fights).” Id. at 1134.).

^ See Complaint for Declaratory and Injunctive Relief, Nominal Damages ¶¶ 1, 32, Sigma Beta Xi, Inc. v. County of Riverside, No. 18-cv-01399 (C.D. Cal. July 1, 2018); Press Release, ACLU of S. Cal., Historic Settlement over Abuses of Riverside County Youth Probation Program (July 24, 2019), https://www.aclusocal.org/en/press-releases/historic-settlement-over-abuses-riverside-county-youth-probation-program [https://perma.cc/CS7E-QRL9].

^ Complaint for Declaratory and Injunctive Relief, supra note 143, ¶ 37 .

^ Id. ¶ 7.

^ Id. ¶ 37.

^ Sarah D. Sparks, California Lawsuit Offers Cautionary Tale on School-Based Probation Programs, Educ. Wk. (July 25, 2019), https://www.edweek.org/leadership/california-lawsuit-offers-cautionary-tale-on-school-based-probation-programs/2019/07 [https://perma.cc/8EBA-VV8F]; see also Complaint for Declaratory and Injunctive Relief, Nominal Damages, supra note 143, ¶¶ 4, 7–8. Such programs connecting policing inside and outside of schools are not new. See generally Hinton, supra note 17, at 236–42 (chronicling examples of school officials adopting police responses to Black dissent).

^ See Libby Nelson & Dara Lind, The School-to-Prison Pipeline, Explained, Vox (Oct. 27, 2015, 11:05 AM), https://www.vox.com/2015/2/24/8101289/school-discipline-race [https://perma.cc/SB7P-M467].

^ See Nanda, supra note 139, at 1139–43; Jyoti Nanda, The Construction and Criminalization of Disability in School Incarceration, 9 Colum. J. Race & L. 265, 291–96 (2019).

^ See infra section III.B, pp. 868–74.

^ Chronic Absenteeism in the Nation’s Schools, U.S. Dep’t Educ. (Jan. 2019), https://www2.ed.gov/datastory/chronicabsenteeism.html [https://perma.cc/5RXW-AGGD].

^ See id.

^ See generally Katherine Reynolds Lewis, Why Schools Over-Discipline Children with Disabilities, The Atlantic (July 24, 2015), https://www.theatlantic.com/education/archive/2015/07/school-discipline-children-disabilities/399563 [https://perma.cc/2W3G-62XS].

^ Shoshana N. Jarvis & Jason A. Okonofua, School Deferred: When Bias Affects School Leaders, 11 Soc. Psych. & Personality Sci. 492, 496 (2020) (“While past research shows teachers endorse disciplining Black students more severely than White students only after repeated misbehavior, principals endorsed more severe discipline for a Black student, as compared to a White student, after a single misbehavior. And for principals, the difference in discipline severity persisted after further misbehavior.”); see also J. Luke Wood, Frank Harris III & Tyrone C. Howard, Cmty Coll. Equity Assessment Lab & UCLA Black Male Inst., Get Out! Black Male Suspensions in California Public Schools 5 (2018), https://cdn.givingcompass.org/wp-content/uploads/2018/04/18164240/Black-Male-Suspention-California.pdf [https://perma.cc/X8RR-ZNM9] (noting that Black males are exposed to a higher rate of exclusion and discipline).

^ J. Eric Coleman, Policing the College Campus, in Policing America’s Educational Systems 65, 72 (John Harrison Watts ed., 2019).

^ Brian A. Reaves, U.S. Dep’t of Just., Campus Law Enforcement, 2011–12, at 2 (2015), https://bjs.ojp.gov/content/pub/pdf/cle1112.pdf [https://perma.cc/CX4T-E6K3].

^ Id. at 1.

^ See Coleman, supra note 155, at 66; Isabelle Lanser, Nelson B. Freimer & Michelle G. Craske, Reducing Policing in Mental Health Crises: A Vision for University Campuses, J. Am. Coll. Health, Sept. 8, 2021, at 1, 1 (noting that “law enforcement is a cornerstone of mental health crisis risk management on nearly all college campuses”).

^ See Coleman, supra note 155, at 72; Police Beat, The Easterner (Cheney, Wash.), Feb. 29, 2020, at 5, https://issuu.com/easterneronline/docs/103_issue_18 [https://perma.cc/77YB-N6CM] (reporting on a call to campus police for a student alcohol violation, with student referred to student affairs, and reporting on a call to campus police to break up a fight between two roommates, with students referred to student affairs); UIPD Reminds Students of Medical Amnesty, Alcohol Safety, Univ. Ill. Urbana-Champaign (Sept. 1, 2017), https://police.illinois.edu/uipd-reminds-students-of-medical-amnesty-alcohol-safety [https://perma.cc/B2P2-L5B5] (“University of Illinois Police have options when they stop someone who is suspected to be underage and abusing alcohol — they can make an arrest or write a ticket, or they can refer the matter to student discipline, thereby keeping it out of the criminal justice system. They very often choose the latter.”); Carson Bonner & Ethan Hague, Berry Students Vandalize WinShape Sign with Spray Paint, Viking Fusion (Nov. 17, 2022), https://vikingfusion.com/2022/11/17/berry-students-vandalize-winshape-sign-with-spray-paint [https://perma.cc/Y2BM-R4NH] (reporting that instead of being charged with a crime, student vandals were referred by Berry College Police to the Dean of Students for disciplinary action).

^ For example, under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. § 1092(f), administrators are required to disclose criminal activity publicly.

^ Although she discusses the K–12 context rather than higher education, Professor Jasmine Harris raises concerns that the “red flag laws” used in Florida school systems will carry disproportionate negative consequences for students with disabilities, particularly students of color. Jasmine E. Harris, Taking Disability Public, 169 U. Pa. L. Rev. 1681, 1705–06 (2021). See generally Elizabeth J. Upton, Note, “Some Kind of Notice” Is No Kind of Standard: The Need for Judicial Intervention and Clarity in Due Process Protections for Public School Students, 86 Geo. Wash. L. Rev. 655, 662–63 (2018).

^ See Jain, supra note 82, at 170–74; Pager, supra note 82, at 4 (“The ‘credential’ of a criminal record, like educational or professional credentials, constitutes a formal and enduring classification of social status, which can be used to regulate access and opportunity across numerous social, economic, and political domains.”).

^ Jamiles Lartey, How Criminal Records Hold Back Millions of People, Marshall Project (Apr. 1, 2023, 12:00 PM), https://www.themarshallproject.org/2023/04/01/criminal-record-job-housing-barriers-discrimination [https://perma.cc/344T-4BBG].

^ See Beth A. Colgan, Beyond Graduation: Economic Sanctions and Structural Reform, 69 Duke L.J. 1529, 1535–44 (2020); Kohler-Hausmann, supra note 23, at 4; Alexandra Natapoff, Punishment Without Crime: How Our Massive Misdemeanor System Traps the Innocent and Makes America More Unequal 1–18­ (2018); Alexandra Natapoff, Aggregation and Urban Misdemeanors, 40 Fordham Urb. L.J. 1043, 1045–46 (2013); Jenny Roberts, Why Misdemeanors Matter: Defining Effective Advocacy in the Lower Criminal Courts, 45 U.C. Davis L. Rev. 277, 280–82 (2011); Alexandra Natapoff, Misdemeanors, 85 S. Cal. L. Rev. 1313, 1315–16 (2012).

^ Carbado, supra note 27, at 546, 551.

^ Others have explored the intersection of social welfare and criminalization. See, e.g., Ocen, supra note 17, at 1543–50; Gustafson, The Criminalization of Poverty, supra note 17, at 651–70; Gustafson, Cheating Welfare, supra note 17, at 51–70.

^ See Jamelia N. Morgan, Policing Marginality in Public Space, 81 Ohio St. L.J. 1045, 1048, 1055–56, 1061 (2020).

^ I’m relying on Professor Elise Boddie’s concept of “racial territoriality.” Like Boddie, I use space, place, and territory synonymously while recognizing they have overlapping and varied meanings. She draws from social geography for the concept that “space has social meaning.” Elise C. Boddie, Racial Territoriality, 58 UCLA L. Rev. 401, 435 (2010) (citing Henri Lefebvre, The Production of Space (Donald Nicholson-Smith trans., 1991)). Professor Bell calls the work of police “tasked with spatial exclusion in predominantly white” and wealthy areas “[p]atrolling [b]orders.” Bell, supra note 14, at 696; see also id. at 696–701. For additional background on the relationship between race and space more generally, see George Lipsitz, The Racialization of Space and the Spatialization of Race: Theorizing the Hidden Architecture of Landscape, 26 Landscape J. 10 (2007); Hari M. Osofsky, The Geography of Justice Wormholes: Dilemmas from Property and Criminal Law, 53 Vill. L. Rev. 117, 123 (2008); and Angela Onwuachi-Willig, Policing the Boundaries of Whiteness: The Tragedy of Being “Out of Place” from Emmett Till to Trayvon Martin, 102 Iowa L. Rev. 1113 (2017). See also Carbado, supra note 17, at 1494 (“Like the ‘old racial segregation’ (Jim Crow), the new racial segregation moves racial bodies and economic resources in and out of places, enacts borders that are vigorously policed, and reconfigures opportunities and various social structures (housing, schools, public transportation, parks) in ways that reproduce racial inequality.”).

^ Jennifer D. Wood et al., The “Gray Zone” of Police Work During Mental Health Encounters: Findings from an Observational Study in Chicago, 20 Police Q. 81, 86 (2017); see also Herman Goldstein, Policing a Free Society 25 (1977).

^ Wood et al., supra note 169, at 81, 88, 90–91; see also Goldstein, supra note 169, at 25 (“[T]he police most frequently care for those who cannot care for themselves: the destitute, the inebriated, the addicted, the mentally ill, the senile, the alien, the physically disabled, and the very young.”); Robert A. Matthews & Loyd W. Rowland, How to Recognize and Handle Abnormal People: A Manual for the Police Officer 5 (1954); Egon Bittner, Police Discretion in Emergency Apprehension of Mentally Ill Persons, 14 Soc. Probs. 278, 288 (1967).

^ See Wood et al., supra note 169, at 82.

^ Id. at 88.

^ Id. This finding is consistent with other analyses. See Friedman, supra note 21, at 939 (“Police are called, again and again, to handle situations that involve domestic violence, substance abuse, mental illness, homelessness, and much more. People call 911 because they sense trouble or feel threatened. Some of the calls are makeweight — as a society, we’ve been treated to one example after another of the police being called on someone simply for living while black.”); Vera Inst. of Just., 911 Analysis: Call Data Shows We Can Rely Less on Police 2–5 (2022), https://www.vera.org/downloads/publications/911-analysis-we-can-rely-less-on-police.pdf [https://perma.cc/F65S-JDU5] (analyzing publicly available 911 data from nine cities and finding that calls were typically for “[b]usiness [c]hecks, [d]isturbances, [s]uspicious [p]ersons, and [c]omplaints,” id. at 3, and that “the majority of 911 calls involved noncriminal situations,” id. at 2); S. Rebecca Neusteter et al., Vera Inst. of Just., Gatekeepers: The Role of Police in Ending Mass Incarceration 43 (2019), https://www.vera.org/downloads/publications/gatekeepers-police-and-mass-incarceration.pdf [https://perma.cc/K36C-C6D2] (“Review of data from two very different places — New York City and Tucson, Arizona — suggests that three out of four calls in which police respond don’t involve a crime in progress.”).

^ See, e.g., Gennady Sheyner, In Fight Against Homelessness, Palo Alto Turns to Police Officers, Palo Alto Online (Aug. 31, 2021, 1:12 AM), https://www.paloaltoonline.com/news/2021/08/31/palo-alto-banks-on-police-officers-to-address-homelessness [https://perma.cc/79MA-DLGL]; Mike Duffy, Sacramento Councilmember Valenzuela Responds to Homeless Concerns in Her District, ABC 10 (Sept. 23, 2021, 6:08 PM), https://www.abc10.com/article/news/local/sacramento/sacramento-councilmember-valenzuela-homeless/103-f6388a08-6a36-434c-932b-7f86ea202500 [https://perma.cc/4VBD-32EH]; Chris Herring, Complaint-Oriented Policing: Regulating Homelessness in Public Space, 84 Am. Socio. Rev. 769, 769 (2019).

^ As Professor Stuart’s ethnographic study of Los Angeles’s Skid Row brings to light, the density of poverty and homelessness in areas such as Skid Row means that police cannot target everyone for enforcement. See generally Stuart, supra note 33. Facing essentially ubiquitous criminal activity, the police established a “symbiotic relation[ship],” id. at 8, with the other major institutions found on Skid Row — social service organizations and large congregate mega-shelters, id. at 24–25, 67–72­­. The police presented unhoused persons with a choice — either enroll in private rehabilitative “programs” or face arrest. Id. at 15. This coercive influence led people to enter systems of control beyond jails, such as shelters or rehabilitation programs, see id. at 4, which politicians, business leaders, and police deemed more effective than criminal sanction, id. at 68, 70, 72. Other studies have shown the aggressive policing of the homeless population in San Francisco’s Tenderloin District and elsewhere. See Chris Herring et al., Pervasive Penality: How the Criminalization of Poverty Perpetuates Homelessness, 67 Soc. Probs. 131, 134 (2020); Chris Herring, Complaint-Oriented “Services”: Shelters as Tools for Criminalizing Homelessness, 693 Annals Am. Acad. Pol. & Soc. Sci. 264, 267, 270 (2021).

^ Devon W. Carbado, From Stopping Black People to Killing Black People: The Fourth Amendment Pathways to Police Violence, 105 Calif. L. Rev. 125, 125 (2017); see id. at 145–46.

^ In Atlanta, the MARTA public transit system has partnered with a local housing and social service agency, HOPE, to engage in outreach with its MARTA police. Press Release, MARTA, MARTA Partnering with HOPE Atlanta to Address Homelessness (Aug. 18, 2020), https://www.itsmarta.com/marta-partnering-with-hope-atlanta.aspx [https://perma.cc/VL6H-7M5R]. In Philadelphia, SEPTA is “[i]ncreasing uniformed police deployment on board trains to enforce order maintenance and quality of life concerns that impact . . . customer[s’] perception of safety.” SEPTA, SCOPE: Safety, Cleaning, Ownership, Partnership, and Engagement 7 (2022), https://www5.septa.org/wp-content/uploads/2022/09/scope.pdf [https://perma.cc/K9S6-W2TA]; see also Metro Transit Police Department’s Homeless Action Team, Metro Transit (July 12, 2021), https://www.metrotransit.org/Data/Sites/1/media/police/mtpdsheets_hat.pdf [https://perma.cc/AH5D-B9F6] (discussing police-led homeless outreach efforts on mass transit in Minneapolis and St. Paul).

^ SEPTA, supra note 177, at 7.

^ See, e.g., id. at 8.

^ At least one report on homeless outreach teams operating in mass transit indicates that teams led by a county public health and housing agency outperformed the police-led homeless outreach teams. See Ma’ayan Dembo, All. for Cmty. Transit — L.A., Off the Rails: Alternatives to Policing on Transit 28 (2020), http://allianceforcommunitytransit.org/wp-content/uploads/2020/06/AlternativesToPolicing_FullReport.pdf [https://perma.cc/L4ES-RK7K].

^ SEPTA, supra note 177, at 8; see also Steve Scauzillo, Metro Will Keep Removing Homeless When Trains Get Cleaned but Will Explore Solutions, L.A. Daily News (Jan. 29, 2023, 12:13 PM), https://www.dailynews.com/2023/01/26/metro-will-keep-removing-homeless-when-trains-get-cleaned-but-will-explore-solutions [https://perma.cc/9T8G-W5P5]; Susan Du, Residents of Cedar-Riverside Homeless Camp Find Agencies Shifting Responsibility, Star Trib. (Dec. 19, 2022, 5:37 PM), https://www.startribune.com/homeless-camp-residents-in-cedar-riverside-find-local-governments-shifting-responsibility-for-them/600237296 [https://perma.cc/675F-X2UX].

^ Herring, supra note 174, at 774–75, 790–91; see also Anna Maria Barry-Jester, Sweeps of Homeless Camps in California Aggravate Key Health Issues, NPR (Jan. 10, 2020, 5:00 AM), https://www.npr.org/sections/health-shots/2020/01/10/794616155/sweeps-of-homeless-camps-in-california-aggravate-key-health-issues [https://perma.cc/HSC2-U2L9]; Nat’l L. Ctr. on Homelessness & Poverty, Tent City, USA: The Growth of America’s Homeless Encampments and How Communities Are Responding 34–36 (2017), https://homelesslaw.org/wp-content/uploads/2018/10/Tent_City_USA_2017.pdf [https://perma.cc/6D9N-MYXX].

^ University police also seem to displace unhoused nonstudents or cite them for trespass and other offenses. E.g., Morgan Anderson & Lindsay Smith, Homeless Man Arrested for Trespassing on Campus Wednesday, Student Leaders Voice Concerns, The Sunflower (Oct. 10, 2020), https://thesunflower.com/52729/news/homeless-man-arrested-for-trespassing-on-campus-wednesday-student-leaders-voice-concerns [https://perma.cc/W3E8-M4LL] (college police arrest unhoused person on campus for trespass); John Ross Ferrara, University Police Tase Homeless Man on Campus; Former Philosophy Student Resisted Arrest, Cops Say, Lost Coast Outpost (Mar. 27, 2015, 7:45 PM), https://lostcoastoutpost.com/2015/mar/27/university-police-tase-homeless-man-campus-former [https://perma.cc/649V-24M7] (same).

^ See, e.g., Ben-Moshe, supra note 65, at 141; Morgan, supra note 167, at 1054; Camille A. Nelson, Frontlines: Policing at the Nexus of Race and Mental Health, 43 Fordham Urb. L.J. 615, 627–30 (2016).

^ See Mihir Zaveri, Number of Homeless Students Rises to New High, Report Says, N.Y. Times (Feb. 3, 2020), https://www.nytimes.com/2020/02/03/us/Homeless-students-public-schools.html [https://perma.cc/9DUK-QZBL].

^ 42 U.S.C. §§ 256, 290cc-21 to -35, 11301–11489; see id. § 11432(g)(1)(J)(ii). The Act defines homelessness as “lack[ing] a fixed, regular, and adequate nighttime residence,” id. § 11302(a)(1), including living doubled up (that is, living with others due to housing loss or economic hardship, which is true for the majority of K–12 homeless students). This definition is broader than that of the U.S. Department of Housing and Urban Development, which does not recognize the doubling up of families. See generally Mihir Zaveri, Is Youth Homelessness Going Up or Down? It Depends on Whom You Ask, N.Y. Times (Mar. 24, 2020), https://www.nytimes.com/2020/03/17/us/youth-homelessness.html [https://perma.cc/MU38-VYV3].

^ See 42 U.S.C. § 11432(g)(6)(A).

^ See generally ACLU & Cal. Homeless Youth Project, Serving Students Hidden in Plain Sight (2019), https://www.aclusocal.org/sites/default/files/homelessk12report_aclu_r4_digital.pdf [https://perma.cc/V93K-RP9D].

^ The recent amendments to the McKinney-Vento Act require that the liaison refer families to outside services, including social services. 42 U.S.C. § 11432(g)(6)(A)(iv).

^ See ACLU & Cal. Homeless Youth Project, supra note 188, at 20. One-third of individual liaisons across California (over 550) completed a survey from the California Homeless Youth Project and ACLU for a report on the roles of the homeless student liaisons. Id. at 3; Cal. Dep’t of Educ., Designating Liaisons for Students Experiencing Homelessness 4 (2019).

^ See Fedders, supra note 11, at 1484.

^ Jerreed D. Ivanich & Tara D. Warner, Seen or Unseen? The Role of Race in Police Contact Among Homeless Youth, 36 Just. Q. 816, 817 (2019).

^ See Richard Berk & John MacDonald, Policing the Homeless: An Evaluation of Efforts to Reduce Homeless-Related Crime, 9 Criminology & Pub. Pol’y 813, 813, 816 (2010).

^ See Juvenile Justice Reform Initiatives in the States 1994-1996: Curfew, Off. Juv. Just. & Delinq. Prevention, https://ojjdp.ojp.gov/sites/g/files/xyckuh176/files/pubs/reform2/ch2_c.html [https://perma.cc/7KVE-PSPQ].

^ Sean McCandless, LGBT Homeless Youth and Policing, 20 Pub. Integrity 558, 560 (2018).

^ See Patel, supra note 59, at 815–16, 842–46.

^ See, e.g., DBC Guidebook, supra note 74, at 19, 22.

^ See Patel, supra note 59, at 860.

^ See infra pp. 854–56; Rob Kuznia, Veterans Talking Veterans Back from the Brink: A New Approach to Policing and Lives in Crisis, Wash. Post (Mar. 20, 2019, 8:00 PM), https://www.washingtonpost.com/national/veterans-talking-veterans-back-from-the-brink-a-new-approach-to-policing-and-lives-in-crisis/2019/03/20/c1add29e-4508-11e9-8aab-95b8d80a1e4f_story.html [https://perma.cc/ZVP2-6MXT] (describing the Veterans Mental Evaluations Team’s intervention with a homeless veteran in need of support services); L.A. Cnty. Sheriff’s Dep’t & L.A. Cnty. Dep’t of Mental Health, LASD Mental Evaluation Teams Annual Report 117 (2019), https://www.lasd.org/pdf/Transparency_2019_Annual_Report_MET_062520.pdf [https://perma.cc/3CA9-T9M9] (discussing the VA Homelessness Liaison program).

^ See Anne S. Douds & Don Hummer, When a Veterans’ Treatment Court Fails: Lessons Learned from a Qualitative Evaluation, 14 Victims & Offenders 322, 323 (2019).

^ See What Is a Veterans Treatment Court?, Just. for Vets, https://justiceforvets.org/what-is-a-veterans-treatment-court [https://perma.cc/WYJ8-5UBK]; Douds & Hummer, supra note 200, at 322.

^ See Patel, supra note 59, at 850, 859, 862.

^ See John J. Carr, An Administrative Retrospective on Police Crisis Teams, 60 Soc. Casework 416, 418–22 (1979) (describing a local program involving a police crisis team); Albert R. Roberts, Training Police Social Workers: A Neglected Area of Social Work Education, 14 J. Educ. for Soc. Work 98, 102 (1978); Harvey Treger, Guideposts for Community Work in Police-Social Work Diversion, Fed. Prob., Sept. 1980, at 3, 3.

^ See, e.g., Bittner, supra note 170, at 285, 288.

^ E.g., Michael T. Compton & Victoria H. Chien, Factors Related to Knowledge Retention After Crisis Intervention Team Training for Police Officers, 59 Psychiatric Servs. 1049, 1050–51 (2008); see also Michelle Lynne Nerish, Training Effectiveness Among Veteran Affairs Officers: An Investigation into the Role of the Trainer with a Train the Trainer Model 36 (Aug. 2015) (Ph.D. dissertation, Palo Alto University) (ProQuest). Others suggest the long-term effectiveness remains low due to a lack of funding to scale up the availability of the training. See David Griffith, De-Escalation Training: Learning to Back Off, Police Mag. (Mar. 2, 2016), http://www.policemag.com/channel/careers-training/articles/2016/03/de-escalation-training-learning-to-back-off.aspx [https://perma.cc/KWL4-M8HQ].

^ Jennifer L.S. Teller et al., Crisis Intervention Team Training for Police Officers Responding to Mental Disturbance Calls, 57 Psychiatric Servs. 232, 236 (2006).

^ Id. at 235. See generally Jennifer L. Schulenberg, Police Decision-Making in the Gray Zone: The Dynamics of Police-Citizen Encounters with Mentally Ill Persons, 43 Crim. Just. & Behav. 459 (2016).

^ See Akbar, supra note 17, at 1783, 1785 (describing the police as a “sprawling institution,” id. at 1783, and expressing that “it was beyond my imagination to conjure a world that did not rely on prisons and police,” id. at 1785).

^ See Bell, supra note 32, at 2108.

^ Jeffrey A. Fagan & Alexis D. Campbell, Race and Reasonableness in Police Killings, 100 B.U. L. Rev. 951, 966–67, 972–73, 976 (2020).

^ Id. at 951, 998–99.

^ See generally Boddie, supra note 168. In addition to Boddie’s racial territoriality, I draw from Professor Elijah Anderson’s description of “the white space” as an environment that is composed of predominately white individuals and is perceived as “off limits” territory to Black people. Elijah Anderson, “The White Space,” 1 Socio. Race & Ethnicity 10, 10 (2015); see also id. at 13. Race and policing scholars have examined and theorized how racial control and space create avenues for police violence. See Bell, supra note 14, at 690 (“One of the basic strategies of police work is managing space, which includes surveilling people within physical communities of color and repelling people who, to police, seem out of place.”); I. Bennett Capers, Policing, Race, and Place, 44 Harv. C.R.-C.L. L. Rev. 43, 60–72 (2009); Taja-Nia Y. Henderson & Jamila Jefferson-Jones, #LivingWhileBlack: Blackness as Nuisance, 69 Am. U. L. Rev. 863, 881–84 (2020).

^ Boddie, supra note 168, at 438.

^ Of course, I am not excluding other groups in this consideration. Anti-Black racism occurs in nonwhite racial groups, see Efrén Pérez et al., Prejudiced When Climbing Up or When Falling Down? Why Some People of Color Express Anti-Black Racism, 117 Am. Pol. Sci. Rev. 168, 168 (2023), and racialized violence occurs against non-Black, but racialized, individuals, see id.; Laura E. Gómez, Inventing Latinos: A New Story of American Racism (2020); Paloma Esquivel, El Paso Massacre Was Just the Latest in Long Line of Anti-Latino Violence in the U.S., L.A. Times (Aug. 16, 2019, 3:00 AM), https://www.latimes.com/california/story/2019-08-16/el-paso-massacre-timeline-of-anti-latino-violence-in-united-states [https://perma.cc/DK6X-WSRS] (chronicling incidents of violence); Weiyi Cai et al., Swelling Anti-Asian Violence: Who Is Being Attacked Where, N.Y. Times (Apr. 3, 2021), https://www.nytimes.com/interactive/2021/04/03/us/anti-asian-attacks.html [https://perma.cc/W8ZK-XXGY] (finding “more than 110 episodes since March 2020 in which there was clear evidence of race-based hate”).

^ Institutions are racialized spaces that send messages of belonging and appropriateness. See Capers, supra note 212, at 60–72; Devon W. Carbado & Patrick Rock, What Exposes African Americans to Police Violence?, 51 Harv. C.R.-C.L. L. Rev. 159, 163 (2016) (“Racial segregation . . . both concentrates African Americans in ‘high crime areas’ in which entire communities are criminally suspect and makes African Americans ‘out of place’ and thus suspicious when they are not in predominantly black areas . . . .”); Carbado, supra note 17, at 1497 (“Marginalized groups are more vulnerable to police contact and violence because members of these groups often have nonnormative identities to which stereotypes of criminality and presumptions of disorder apply.”). In this project, I am less concerned with individual interactions between police or care workers and marginalized clientele of social institutions. Rather, I zoom out to view the design and structural dynamics that create opportunities to manage and control race-class subjugated community members within racialized institutions. This cross-institutional examination of policing structures contributes to the scholarly understanding of everyday coercive and controlling experiences of race-class subjugated persons. See Jude Paul Matias Dizon, Protecting the University, Policing Race: A Case Study of Campus Policing, 16 J. Diversity Higher Educ. 410, 420 (2023) (discussing “how racial difference is embedded into campus policing”).

^ See Nathalie Baptiste, Campus Cops: Authority Without Accountability, Am. Prospect (Nov. 2, 2015) https://prospect.org/civil-rights/campus-cops-authority-without-accountability [https://perma.cc/DN6J-BBKV]. See generally Ben-Moshe, supra note 65.

^ LaToya Baldwin Clark, Education as Property, 105 Va. L. Rev. 397, 403–08 (2019).

^ Id. at 398.

^ Id.; LaToya Baldwin Clark, Stealing Education, 68 UCLA L. Rev. 566, 596–97 (2021).

^ See Baldwin Clark, Education as Property, supra note 217, at 402.

^ Id.

^ Baldwin Clark, Stealing Education, supra note 219, at 592.

^ Id. at 592, 611–12, 619; Baldwin Clark, Education as Property, supra note 217, at 398, 420.

^ Baldwin Clark, Education as Property, supra note 217, at 403.

^ Id.; Mae C. Quinn, The Fallout from Our Blackboard Battlegrounds: A Call for Withdrawal and a New Way Forward, 15 J. Gender Race & Just. 541, 553–54 (2012).

^ Baldwin Clark, Education as Property, supra note 217, at 405–07; Quinn, supra note 225, at 554.

^ Anderson, supra note 212, at 10.

^ Baldwin Clark, Education as Property, supra note 217, at 420 (“We have a good track on which kids aren’t living here . . . . The kids know that we check the platform and if they get caught, they get thrown out.” (quoting Jack Encarnacao, Quincy Schools Crack Down on Out-of-Towners, Patriot Ledger (June 19, 2010, 7:15 PM), https://www.patriotledger.com/story/news/education/2010/06/19/quincy-schools-crack-down-on/40139667007 [https://perma.cc/26N9-6RTL])).

^ See Boddie, supra note 168, at 438.

^ See Hopkins & Neff, supra note 42, at 134–35. See generally Henderson & Jefferson-Jones, supra note 212, at 881–84. State statutes grant the physical jurisdiction and designate whether authority extends to public and private or only public institutions. Where campus police are granted full jurisdiction, they are conferred statewide police powers; extended-jurisdiction campus police may “patrol [the] campus and some property beyond”; and limited jurisdiction may allow only campus police authority on property or facilities owned by the school. Baptiste, supra note 216.

^ See Yale Univ., Yale University Police Career Opportunities, https://your.yale.edu/sites/default/files/files/PublicSafety/police_recruitment_brochure.pdf [https://perma.cc/696F-VXZK].

^ Phila. Police Dep’t & Univ. of Pa. Police Dep’t, supra note 38.

^ See University of Chicago Police Department, Univ. of Chi., https://safety-security.uchicago.edu/about/police [https://perma.cc/RD7W-W2VE].

^ See Bell, supra note 14, at 697; Sanjali De Silva, Police Divestment Efforts Must Include Universities, ACLU (July 31, 2020), https://www.aclu.org/news/criminal-law-reform/police-divestment-efforts-must-include-universities [https://perma.cc/A2BD-PV8X].

^ Claire Potter, What Campus Police Really Do, Pub. Seminar (May 26, 2021), https://publicseminar.org/essays/what-campus-police-really-do [https://perma.cc/GCW9-7LRH].

^ See Employee Alleges UCLA Police Targeted Him Because He’s Black, NBC L.A. (May 27, 2016), https://www.nbclosangeles.com/news/local/employee-alleges-ucla-police-targeted-him-because-hes-black/2006254 [https://perma.cc/6435-9YT7]; see also Travis Gettys, Cops Grill Black University of Massachusetts Employee After Caller Reports Him for Walking to Work, Raw Story (Sept. 17, 2018, 8:26 AM), https://www.rawstory.com/2018/09/cops-grill-black-university-massachusetts-employee-caller-reports-walking-work [https://perma.cc/JRR8-W3B6].

^ See, e.g., Mike Hellgren, Key Interviews Released in Controversial Baltimore City Death-in-Custody Case, CBS News Balt. (Feb. 11, 2014, 7:13 PM), https://www.cbsnews.com/baltimore/news/baltimores-top-prosecutors-releases-interviews-in-controversial-death-in-custody-case [https://perma.cc/VTE5-6E9L] (reporting that a Black man was killed during a 2013 traffic stop that involved at least one Morgan State University officer).

^ See Anderson, supra note 212, at 13; Bell, supra note 14, at 697 & n.215.

^ See, e.g., Dakin Andone & Hollie Silverman, A Mom on a College Tour Called the Cops on Two Native American Teens Because They Made Her “Nervous,” CNN (May 5, 2018, 3:13 PM), https://www.cnn.com/2018/05/04/us/colorado-state-university-racial-profiling-trnd/index.html [https://perma.cc/ES2R-8B7M]. During a college campus tour at Colorado State University, a white woman called the police on two Native American prospective students. Id. The caller told the 911 operator, “They’re not — definitely not — a part of the tour.” Id. Police were dispatched to the college, and the teens were stopped and questioned by police (and ultimately, missed the rest of the tour). Id.

^ See Police Called on Black Smith College Student Eating Lunch, CBS News (Aug. 3, 2018, 6:35 AM), https://www.cbsnews.com/news/police-called-on-black-smith-college-student-eating-lunch [https://perma.cc/56ML-JS23].

^ See Brandon Griggs, A Black Yale Graduate Student Took a Nap in Her Dorm’s Common Room. So a White Student Called Police, CNN (May 12, 2018, 12:32 AM), https://www.cnn.com/2018/05/09/us/yale-student-napping-black-trnd/index.html [https://perma.cc/TF48-K2WQ].

^ Alejandra A. Martinez et al., UCLA Lewis Ctr. for Reg’l Pol’y Stud., Mapping Yesterday’s Police Activity at UCLA 4 (2021), https://escholarship.org/content/qt4jm4t63k/qt4jm4t63k.pdf [https://perma.cc/FZ5G-8PQP]. The Clery Act requires institutions of higher learning to report crime statistics and alert the campus and neighborhood community of instances of crime. See 20 U.S.C. § 1092(f). For background on the Clery Act, see Dorinda L. Dowis & Aaron “Chip” Reese, Risk Assessment at the College Campus, in Policing America’s Educational Systems 82–83 (John Harrison Watts ed., 2019).

^ Martinez et al., supra note 242, at 5.

^ See id. at 14 tbl.1.

^ Id. at 12 fig.7.

^ Id. at 6 (“Of the nearly 8,000 [police-reported activities and arrests] recorded in 2019, roughly one-third occurred outside of UCLA’s campus and otherwise relevant jurisdictions . . . .”).

^ Id. at 8.

^ Id. at 6–7, 6 fig.1. This police activity may have occurred in UCLA-owned buildings or student housing many miles away from the main campus. See id. at 7.

^ See Soss & Weaver, supra note 1, at 570.

^ TaLisa J. Carter & Lallen T. Johnson, “Blacks Can’t Jump”: The Racialization of Transit Police Responses to Fare Evasion, 13 Race & Just. 463, 469 (2021).

^ Id. at 477.

^ See, e.g., Leo Carroll & M. Lilliana Gonzalez, Out of Place: Racial Stereotypes and the Ecology of Frisks and Searches Following Traffic Stops, 51 J. Rsch. Crime & Delinq. 559, 576 (2014) (explaining the “out-of-place” dynamic in the context of traffic searches and frisks); Ozzy Llinas Goodman, BART Records Reveal Racial Disparities in Fare Evasion Enforcement, KALW (Dec. 19, 2019, 4:35 PM), https://www.kalw.org/news/2019-12-19/bart-records-reveal-racial-disparities-in-fare-evasion-enforcement [https://perma.cc/L5A6-5N6W] (reporting “stark racial disparities in [Bay Area Rapid Transit] fare evasion enforcement”).

^ See Carter & Johnson, supra note 250, at 464–65.

^ See, e.g., Jon Gerberg & Alice Li, When a Call to the Police for Help Turns Deadly, Wash. Post (June 22, 2022), https://www.washingtonpost.com/investigations/interactive/2022/police-shootings-mental-health-calls [https://perma.cc/MMK6-93Q6] (reporting on the death of Damian Daniels following three police wellness checks over a forty-eight-hour period); Brandy Zadrozny, Protecting Your Mentally Ill Child from the Cops, Daily Beast (Apr. 14, 2017, 12:24 PM), https://www.thedailybeast.com/protecting-your-mentally-ill-child-from-the-cops [https://perma.cc/TN6S-XM9D] (reporting on parents “reluctant to call 911 in fear that a poorly trained officer will escalate a mental-health emergency into a crime”).

^ See, e.g., Lisa W. Foderaro, Police Killing of Mentally Ill Black Man Is, 5 Years Later, Headed to Trial, N.Y. Times (Oct. 31, 2016), https://www.nytimes.com/2016/11/01/nyregion/police-shooting-of-mentally-ill-black-man-kenneth-chamberlain-trial-set-to-begin.html [https://perma.cc/FZ9F-8ZW9] (reporting on the killing of Kenneth Chamberlain Sr. by police during a wellness check); Doug Criss & Leah Asmelash, When a Police Wellness Check Becomes a Death Sentence, CNN (Oct. 19, 2019, 7:33 AM), https://www.cnn.com/2019/10/19/us/wellness-check-police-shootings-trnd/index.html [https://perma.cc/PC3U-ZM3U] (collecting examples of wellness checks with lethal outcomes).

^ See Esmy Jimenez, What Role Should Police Play in Mental Health Calls? Seattle Has Small, Limited Crisis Staff, Seattle Times (Aug. 24, 2022, 9:59 AM), https://www.seattletimes.com/seattle-news/mental-health/what-role-should-police-play-in-mental-health-crisis-calls-seattle [https://perma.cc/LKC6-22K6].

^ See Gerberg & Li, supra note 254 (reporting results of an investigation finding that between 2019 and 2021, there were 178 cases involving police “shooting and killing the very people they were called on to assist”); Police Shootings Database 2015–2023, Wash. Post (Apr. 5, 2023), https://www.washingtonpost.com/graphics/investigations/police-shootings-database [https://perma.cc/W33P-QAR6] (showing that, as of October 2023, twenty percent of victims (1,790 people) shot by police since 2015 were experiencing a mental illness crisis).

^ See, e.g., Friedman, supra note 21, at 959.

^ See infra notes 260–326 and accompanying text.

^ See, e.g., Univ. of S. Cal. & L.A. Police Dep’t, Amendment to Memorandum of Understanding Between the City of Los Angeles and the University of Southern California 2–4 (2009), https://ia800902.us.archive.org/11/items/LAPDMemorandumsOfUnderstandingWithUSC/LAPD%20memorandums%20of%20understanding%20with%20USC.pdf [https://perma.cc/ZSR2-AJUV] (describing authority and geographic boundaries of responsibility).

^ Beverly White, LA Couple Says Birth of Baby Girl Turned Hostile After Arriving at Hospital, NBC L.A. (July 15, 2021, 7:53 PM), https://www.nbclosangeles.com/news/local/la-couple-says-birth-of-baby-girl-turned-hostile-after-arriving-at-hospital/2638112 [https://perma.cc/WS9U-ZQQD].

^ Id.

^ Christina Chkarboul, Student Petition Condemns “Unethical” Wellness Checks, Daily Trojan (Nov. 4, 2021), https://dailytrojan.com/2021/11/04/student-petition-condemns-unethical-wellness-checks [https://perma.cc/K8JM-6LCS] (“Love and Jones declined medical evaluation [other] than basic height and weight checks . . . .”). In another version of the story, the doctor had law enforcement step in. See Shayla Escudero & Yusra Farzan, Law Enforcement Ordeal Tarnishes Grad Student’s Entry to Parenthood, USC Annenberg Media (Dec. 9, 2021, 12:42 PM), https://www.uscannenbergmedia.com/2021/12/09/law-enforcement-ordeal-tarnishes-grad-students-entry-to-parenthood [https://perma.cc/E6ZQ-6HLL].

^ White, supra note 261.

^ Id.

^ See Roberts, supra note 14, at 165–66; Ocen, supra note 15, at 1174–75; Khiara M. Bridges, Racial Disparities in Maternal Mortality, 95 N.Y.U. L. Rev. 1229, 1262–65 (2020).

^ White, supra note 261.

^ Statement Regarding Claims that LAPD Officers Drew Their Weapons on a Father and His New Baby, L.A. Police Dep’t (July 18, 2021) [hereinafter LAPD Statement], https://www.lapdonline.org/newsroom/statement-regarding-claims-that-lapd-officers-drew-their-weapons-on-a-father-and-his-new-baby-nr21185ti [https://perma.cc/Q3WV-SX84]. A USC police incident log indicates that LAPD came to the student housing with Department of Child and Family Services staff. See University of Southern California, Daily Incident Log from 6 /24 /2021 to 6 /28 /2021, Univ. S. Cal. Dep’t Pub. Safety, http://web.archive.org/web/20210830101727/https://dps.usc.edu/files/2021/06/062821.pdf [https://perma.cc/2NMN-KRMU] (incident on June 27, 2021 at 9:15 PM).

^ The LAPD’s statement suggests the officers entered without a warrant after the child’s father would not allow them to enter. See LAPD Statement, supra note 268. Ms. Love alleges that police pointed weapons at her and her newborn. See White, supra note 261.

^ See White, supra note 261; Chkarboul, supra note 263.

^ Love-Jones, Stop Endangering Families with Unethical Wellness Checks & Medical Kidnapping, Change.org (Sept. 12, 2021), https://www.change.org/p/stop-endangering-families-with-unethical-wellness-checks-medical-kidnapping-lac-usc-keck-medicine-dcfs-usc [https://perma.cc/LH8K-ESV5]. The LAPD said it opened a staff investigation regarding this incident. LAPD Statement, supra note 268.

^ White, supra note 261.

^ Id.

^ See Chkarboul, supra note 263; Christina Chkarboul, Emmett Fuchs & Sasha Ryu, “Care Not Cops” Rally Calls for Justice for Love, Daily Trojan (Dec. 2, 2021), https://dailytrojan.com/2021/12/02/care-not-cops-rally-calls-for-justice-for-love [https://perma.cc/V2HK-PXZQ]; Escudero & Farzan, supra note 263.

^ See Chkarboul, supra note 263; Chkarboul et al., supra note 274; Escudero & Farzan, supra note 263. See generally Univ. of S. Cal. & L.A. Police Dep’t, supra note 260.

^ See Syracuse Police Dep’t & Syracuse Univ. Dep’t of Pub. Safety, supra note 40, at ¶ 13m; see also Department FAQ, MIT Police, https://police.mit.edu/department-faq [https://perma.cc/T56E-7EDL] (stating that city and state law enforcement officers do not generally come onto campus “without first sharing their intentions with MIT Police”). See generally Robert J. Cramer et al., Suicide on College Campuses, A Public Health Framework and Case Illustration, 70 J. Am. Coll. Health 1 (2020) (describing how police and faculty on college campuses act as gatekeepers for crisis prevention programs).

^ See, e.g., Byongook Moon & Charles J. Corley, Driving Across Campus: Assessing the Impact of Drivers’ Race and Gender on Police Traffic Enforcement Actions, 35 J. Crim. Just. 29, 34 tbl.3 (2007); Joscha Legewie et al., Local Policing and the Educational Outcomes of Undocumented College Students, 9 Socio. Sci. 406, 416–18 (2022).

^ See Legewie et al., supra note 277, at 419 tbl.3; Wei-Chin Hwang & Sharon Goto, The Impact of Perceived Racial Discrimination on the Mental Health of Asian American and Latino College Students, 14 Cultural Diversity & Ethnic Minority Psych. 326, 330 (2008); William A. Smith, Walter R. Allen & Lynette L. Danley, “Assume the Position . . . You Fit the Description”: Psychosocial Experiences and Racial Battle Fatigue Among African American Male College Students, 51 Am. Behav. Scientist 551, 551 (examining the experiences of thirty-six African American college students at five campuses); Dizon, supra note 215, at 420.

^ See, e.g., L.A. Cnty. Sheriff’s Dep’t & L.A. Cnty. Dep’t of Mental Health, supra note 199, at 70.

^ Caring for Veterans in Crisis: Ensuring a Comprehensive Health System Approach: Hearing Before H. Comm. on Veterans’ Affs., 116th Cong. 134 (2020) [hereinafter Caring for Veterans in Crisis] (statement of American Federation of Government Employees, AFL-CIO). Suicide and crisis prevention is a priority for the VA due to the high number of suicides in the veteran community (between sixteen and nineteen a day). U.S. Dep’t of Veterans Affs., National Veteran Suicide Prevention Annual Report 9 (2022).

^ See Kevin Herrera, VA Police, Social Workers Team Up to Prevent Veteran Suicide, U.S. Dep’t Veterans Affs. (Nov. 4, 2022), https://www.va.gov/greater-los-angeles-health-care/stories/va-police-social-workers-team-up-to-prevent-veteran-suicide [https://perma.cc/M72U-HX54].

^ See id.

^ Caring for Veterans in Crisis, supra note 280, at 135.

^ Id.

^ L.A. Cnty. Sheriff’s Dep’t & L.A. Cnty. Dep’t of Mental Health, supra note 199, at 116.

^ A suicide record flag system (different from record flags discussed in section II.A, pp. 826–39, creates special alerts and screening for veterans with medical appointments or emergency department visits. Veterans Health Admin., supra note 72, at 2.

^ See id. at 1.

^ The policy was updated in 2022 to allow patients to remove these suicide risk flags, Veterans Health Admin., U.S. Dep’t of Veterans Affs., Notice 2022-06, Inactivation Process for Category I High Risk for Suicide Patient Record Flags 3–4 (2022), which indicates that the system may have been overinclusive. In one meeting with a group of VA social workers, one supervisor mentioned that staff needed better training to identify suicidal ideations. Meeting with VA Social Workers, in Los Angeles, CA (Sept. 2019) (on file with author). She referenced an example of a patient — a young Black single mom — who came into her clinic and told the front staff she was served with an eviction notice and felt like she couldn’t take it anymore. Id. The supervisor was suggesting that this woman was placed on suicide alert when she actually was asking for help with her housing situation. Id.

^ See sources cited infra note 295.

^ See Patel, supra note 59, at 871–72.

^ See, e.g., Herrera, supra note 281.

^ L.A. Cnty. Sheriff’s Dep’t & L.A. Cnty. Dep’t of Mental Health, supra note 199, at 112.

^ Id.

^ Id. at 68–69.

^ See Cnty. of L.A. Bd. of Supervisors, Statement of Proceedings for the Regular Meeting of the Board of Supervisors of the County of Los Angeles Sept. 29 ¶ 22, at 31–32 (2020), https://file.lacounty.gov/SDSInter/bos/sop/1079717_092920.pdf [https://perma.cc/5A5R-TAXS]. As part of its efforts to develop a Los Angeles County Veteran Suicide Review Team, in September 2020, the Los Angeles County Board of Supervisors approved a feasibility analysis that included “an implementation plan and timeline for the collection of veteran data.” Id. Public comments were received from hundreds of individuals, the majority of whom raised concerns that shared data “among county health providers should not reach law enforcement databases.” Cnty. of L.A. Bd. of Supervisors, Public Request to Address the Board of Supervisors, County of Los Angeles, California (2020), https://file.lacounty.gov/SDSInter/bos/supdocs/149225.pdf [https://perma.cc/S46L-K8GQ]. The Board recently adopted the Veteran Suicide Review Team (VSRT) Charter. Cnty. of L.A. Bd. of Supervisors, Statement of Proceedings for the Regular Meeting of the Board of Supervisors of the County of Los Angeles May 17 ¶ 37, at 27 (2022), https://file.lacounty.gov/SDSInter/bos/sop/1124784_051722.pdf [https://perma.cc/7TF8-GF79]. The VSRT Charter discusses its data collection. Report Response from Jonathan E. Sherin, Dir., Dep’t of Mental Health, Cnty. of L.A., to Holly J. Mitchell, Supervisor, et al., L.A. Cnty. Bd. of Supervisors (2022), https://file.lacounty.gov/SDSInter/bos/supdocs/168996.pdf [https://perma.cc/9B6X-W5QT].

^ See Khiara M. Bridges, The Poverty of Privacy Rights 13, 154–56 (2017); Kimberly D. Bailey, Watching Me: The War on Crime, Privacy, and the State, 47 U.C. Davis L. Rev. 1539, 1556–57 (2014); Barbara Fedders, The Constant and Expanding Classroom: Surveillance in K–12 Public Schools, 97 N.C. L. Rev. 1673, 1715–17 (2019).

^ See generally Harris, supra note 161, at 1681–82.

^ Examining VA’s Police Force: Hearing Before the H. Subcomm. on Oversight & Investigations of the H. Comm. on Veterans’ Affs., 116th Cong. 19 (2019) (statement of Renee Oshinski, Acting Deputy Under Secretary for Health for Operations and Management, Veterans Health Administration, U.S. Department of Veterans Affairs).

^ Although research does suggest that peer support and veteran-to-veteran services are highly successful in recovery and connecting unhoused veterans to housing resources, see Jeffrey Clapper, VA Peer Support Specialists Help Veterans Develop and Implement Personal Recovery Plans, VA News (Aug. 29, 2017), https://blogs.va.gov/vAntage/40507/va-peer-support-specialists-help-veterans-develop-and-implement-personal-recovery-plans [https://perma.cc/M6RC-8684], there is no evidence that this approach will map onto policing and it requires further study. Veterans might feel stigmatized or triggered by prior experiences of conflict, violence, or combat when they encounter VA police officers, despite their common background in the service. See generally Christopher M. Weaver et al., Enhancing Services Response to Crisis Incidents Involving Veterans: A Role for Law Enforcement and Mental Health Collaboration, 10 Psych. Servs. 66, 68 (2013) (acknowledging the “unique challenges” between police and veterans at the intersection of training and tactics, noting that “many techniques . . . standard in police training, may not work or may even exacerbate a crisis situation when a veteran with PTSD is involved”).

^ A VA training manual for police categorizes uniform triggers as an example of a “behind the scenes” avoidance symptom. Nat’l Ctr. for PTSD, U.S. Dep’t of Veterans Affs., Posttraumatic Stress Disorder and Military Veterans: Training Manual for Police Officers 14, https://www.ptsd.va.gov/professional/treat/care/toolkits/police/docs/Police_Toolkit_Instructors_Manual.pdf [https://perma.cc/MSR6-4CWX] (describing the symptom as presenting when “[a] person who was assaulted by someone in uniform avoids or refuses to talk or make eye contact with you because you are in uniform”). Of course, opinions vary. I have heard anecdotally from clients in the UCLA Veterans Legal Clinic that uniformed officers on the street and in veterans hospitals trigger abusive and traumatic experiences from prior military service. Some other veterans and unhoused residents have expressed feeling more secure when security is present due to prior experiences of abuse in congregate shelters.

^ See Jaclyn Peiser, A Black Seventh-Grader Played with a Toy Gun During a Virtual Class. His School Called the Police., Wash. Post (Sept. 8, 2020, 6:38 AM), https://www.washingtonpost.com/nation/2020/09/08/black-student-suspended-police-toy-gun [https://perma.cc/7LUK-FL7D]; Kathleen Foody, When School Is Home and Home Is School, Which Rules Prevail?, AP News (Oct. 13, 2020, 3:02 AM), https://apnews.com/article/virus-outbreak-race-and-ethnicity-us-news-ap-top-news-chicago-0a5f5dfca428177c488f27f64914e5d0 [https://perma.cc/9C8U-V74X].

^ Finn et al., supra note 4, at 15, 43, 96, 228.

^ Id. at 38, 43.

^ Amir Whitaker et al., ACLU of S. Cal., No Police in Schools: A Vision for Safe and Supportive Schools in CA 26 (2021), https://www.aclusocal.org/sites/default/files/field_documents/no_police_in_schools_-_report_-_aclu_-_082421.pdf [https://perma.cc/6HX7-E3KR].

^ Lana Bellamy, “Is This 2022 or 1942?” Black Parents Demand Accountability After Newburgh School Calls Police on 7-Year-Old Boy, Middletown Times Herald-Rec., June 19, 2022, at A1.

^ Id.

^ Id.

^ Id.

^ Griffey, supra note 138. School officers often discuss their attempts to appear as another friendly adult. Some aim to be at the door of schools every morning to change the perception of police as law enforcement officials. Id.; see also Ethan M. Higgins et al., School Safety or School Criminalization? The Typical Day of a School Resource Officer in the United States, 62 Brit. J. Criminology 568, 574, 577 (2022). Officers in Marietta, Ohio, even bring in therapy dogs as a way of building trust and relationships with schoolchildren. Griffey, supra note 138.

^ Mae C. Quinn, The Fallout from Our Blackboard Battlegrounds: A Call for Withdrawal and a New Way Forward, 15 J. Gender Race & Just. 541, 557 (2012).

^ Id.

^ See Fedders, supra note 296, at 1687–93.

^ See Simone Stolzoff, Schools Are Using AI to Track What Students Write on Their Computers, Quartz (Aug. 19, 2018), https://qz.com/1318758/schools-are-using-ai-to-trackwhat-students-write-on-their-computers [https://perma.cc/8DRT-HZWB].

^ Fedders, supra note 296, at 1687.

^ See, e.g., id.; Stolzoff, supra note 313.

^ Fedders, supra note 296, at 1687; see also Corey Tutewiler, Discipline vs. Teachable Moments: Defined, Gaggle, https://web.archive.org/web/20190504160849/https://www.gaggle.net/speaks/discipline-vs-teachable-moments-defined [https://perma.cc/4E84-XHKK].

^ Professor Fedders identifies examples of Gaggle informing schools, police, or School Resource Officers about online student communication to initiate wellness checks. See Fedders, supra note 296, at 1687 n.78 (citing Gaggle, Wausau School District: The Priceless Value of a Student’s Life (2017), https://f.hubspotusercontent40.net/hubfs/6210449/Website/Case%20Studies/Archived/gaggle-case-study-wausau.pdf [https://perma.cc/3T2E-2LA2]; Press Release, Gaggle, A Growing Number of Districts Are Selecting Gaggle’s School Safety Solutions to Protect Their Students (Feb. 6, 2019), https://www.gaggle.net/press/press-room/press-release/new-gaggle-customers [https://perma.cc/X3BX-FCGZ]).

^ Brad Hagg, Warsaw Community Schools: How Much Is Student Safety Worth? Responding to Cries for Help, Gaggle, https://web.archive.org/web/20190504201848/https://www.gaggle.net/success-stories/warsaw-community-schools [https://perma.cc/LPM2-GDX9] (sharing the discovery of a “self-harm threat” in a student’s Gmail message, which led to a home visit by local police and a School Resource Officer); Frida Alim et al., Elec. Frontier Found., Spying on Students: School-Issued Devices and Student Privacy 14–15 (2017), https://www.eff.org/files/2017/04/13/student-privacy-report.pdf [https://perma.cc/26RD-J6AX].

^ Jessa Crispin, Opinion, US Schools Gave Kids Laptops During the Pandemic. Then They Spied on Them, The Guardian (Oct. 11, 2021, 6:23 AM), https://www.theguardian.com/commentisfree/2021/oct/11/us-students-digital-surveillance-schools [https://perma.cc/W9VB-S38P]; Anya Kamenetz, Schools Turn to Software for Suicide Prevention — But Not Everyone’s On Board, NPR (Mar. 28, 2016, 4:00 PM), https://www.npr.org/2016/03/28/472176259/schools-turn-to-software-for-suicide-prevention-but-not-everyones-on-board [https://perma.cc/R58R-G8MA].

^ Elizabeth Warren & Ed Markey, Constant Surveillance: Implications of Around-the-Clock Online Student Activity Monitoring 4 (2022), https://www.warren.senate.gov/imo/media/doc/356670%20Student%20Surveillance.pdf [https://perma.cc/72ML-EFUS]; DeVan L. Hankerson et al., Ctr. for Democracy & Tech., Online and Observed: Student Privacy Implications of School-Issued Devices and Student Activity Monitoring Software 6 (2021), https://cdt.org/wp-content/uploads/2021/09/Online-and-Observed-Student-Privacy-Implications-of-School-Issued-Devices-and-Student-Activity-Monitoring-Software.pdf [https://perma.cc/3D6T-ZU5K].

^ The COVID-19 pandemic substantially increased rates of suicide and depression for children and adolescents. Stephanie L. Mayne et al., COVID-19 and Adolescent Depression and Suicide Risk Screening Outcomes, Pediatrics, Sept. 2021, at 2–3.

^ Fedders, supra note 296, at 1689 n.92 (citing David D. Luxton, Jennifer D. June & Jonathan M. Fairall, Social Media and Suicide: A Public Health Perspective, 102 Am. J. Pub. Health S195, S196 (2012)).

^ See id. n.89 (citing Can Artificial Intelligence Prevent School Violence?, IEEE: IEEE Innovation at Work (2019), https://innovationatwork.ieee.org/can-artificial-intelligence-prevent-school-violence [https://perma.cc/3949-MSKK]).

^ See Stolzoff, supra note 313; see also Kamenetz, supra note 319.

^ See Warren & Markey, supra note 320, at 4–5; Bailey, supra note 296, at 1555; Evan Enzer & Sarah Roth, How Tech Treats Students with Disabilities Like Criminals, Daily Beast (Aug. 3, 2022, 4:46 AM), https://www.thedailybeast.com/how-school-tech-treats-students-with-disabilities-like-criminals [https://perma.cc/B2F6-Q4S5].

^ Compare Press Release, Laws.’ Comm. for C.R. of the S.F. Bay Area, Loitering Law Targeting Oakland Public Housing Residents Is Repealed (Nov. 1, 2018), https://lccrsf.org/pressroom_posts/loitering-law-targeting-oakland-public-housing-residents-is-repealed [https://perma.cc/T8XC-WFW9] (“[O]fficers do not provide full-service policing to residents of [Oakland Housing Authority] property . . . .”), with CMHA Police Department, Cuyahoga Metro. Hous. Auth., https://www.cmha.net/safety [https://perma.cc/B365-HKPH] (“The Department provides policing services to CMHA residents 24 hours a day, seven days a week, year-round.”).

^ E.g., Crisis Intervention, Cuyahoga Metro. Hous. Auth., Policies & Procedures Manual ch. 3.5, https://cms3.revize.com/revize/cuyahoga/Police%20Policy/Chapter%203.05%20-%20Crisis%20Intervention.pdf [https://perma.cc/WW72-5CJ6].

^ See Matthew Richmond, CMHA Police Shooting Video Shows Man in Distress and a Violent Struggle Before He’s Killed, Ideastream Pub. Media (June 9, 2022, 1:46 PM), https://www.ideastream.org/news/government-politics/2022-06-09/cmha-police-shooting-video-shows-man-in-distress-and-a-violent-struggle-before-hes-killed [https://perma.cc/Y77R-3CWD] (reporting on housing authority police conducting a check-in response to a man in crisis who was “throwing items off a balcony,” in which police entered the man’s apartment and, after finding him naked in a bathtub, tased, and lethally shot the man following a struggle); Matthew Richmond, No Charges for Cleveland Housing Police Officer Who Killed Arthur Keith, Ideastream Pub. Media (July 7, 2021, 9:56 PM), https://www.ideastream.org/news/no-charges-for-cleveland-housing-police-officer-who-killed-arthur-keith [https://perma.cc/PAE3-3J97]; Nick Castele, CMHA Police Release Video of Officer Fatally Shooting Man; Cleveland Police Investigating, Ideastream Pub. Media (Sept. 7, 2022, 4:37 PM), https://www.ideastream.org/news/government-politics/2022-09-07/cmha-police-release-video-of-officer-fatally-shooting-man-cleveland-police-investigating [https://perma.cc/6T6E-366P]; Friday, May 24th, WCLE Mix 104.1 (May 24, 2019), https://www.mymix1041.com/friday-may-24th [https://perma.cc/8GN5-FRUK] (reporting that public housing officials called police to perform a welfare check upon seeing “trash, televisions, and clothing” on an apartment’s front porch).

^ See Wood et al., supra note 169, at 83 (“In this light, current research and policy efforts may overlook the vast array of lower intensity and less formal interactions and their potential not only to prevent future arrest or transport situations but also to establish trust and build positive rapport that may pay forward to subsequent interactions. In short, it is time to take a 21st-century look at the broader context of police interactions with persons affected by mental illnesses and their implications for advancing practice in this area.”).

^ See Anya Sczerzenie, Student Group Seeks to Take Police out of University Wellness Check Procedures, Commonwealth Times (Apr. 10, 2019), https://commonwealthtimes.org/2019/04/10/student-group-seeks-to-take-police-out-of-university-wellness-check-procedures [https://perma.cc/GH7K-WCHQ] (reporting on students saying that wellness checks by campus police “make students with mental illnesses, especially students of color, feel unsafe and may cause more harm than good”); Megan Reeves & Jack Evans, Florida’s Flawed Baker Act Rips Thousands of Kids from School, Tampa Bay Times (Dec. 11, 2019), https://www.tampabay.com/news/education/2019/12/10/floridas-flawed-baker-act-rips-thousands-of-kids-from-school [https://perma.cc/6S94-M3NA] (presenting incidents of police conducting mental health checks on public school students, many of which lead to commitment).

^ Critical surveillance studies scholars have explored this connection and tension. See generally Virginia Eubanks, Automating Inequality: How High-Tech Tools Profile, Police, and Punish the Poor (2017).

^ David Lyon, Surveillance Studies: An Overview 14 (2007).

^ See supra notes 261–75 and accompanying text.

^ See supra notes 127–34 and accompanying text.

^ Barbara Raymond, U.S. Dep’t of Just., Assigning Police Officers to Schools 3 (2013), https://cops.usdoj.gov/RIC/Publications/cops-p182-pub.pdf [https://perma.cc/A9H9-AT6P] (explaining that SROs provide “leads and information to the appropriate investigative units”). See generally Roberts, supra note 14.

^ Bedi & McGrory, supra note 70.

^ Id.

^ Pasco Sheriff’s Off., Intelligence-Led Policing Manual 70–72 (2018), https://s3.documentcloud.org/documents/20412738/ilp_manual012918.pdf [https://perma.cc/2SFK-SWCS].

^ Id. at 66.

^ Neil Bedi, Kathleen McGrory & Jennifer Glenfield, How a Florida Sheriff Harasses Families: Watch the Body-Cam Video, Tampa Bay Times (Sept. 3, 2020), https://projects.tampabay.com/projects/2020/investigations/police-pasco-sheriff-targeted/body-cam-footage [https://perma.cc/D4GK-NUR4].

^ Kathleen McGrory & Neil Bedi, Targeted, Tampa Bay Times (Sept. 3, 2020), https://projects.tampabay.com/projects/2020/investigations/police-pasco-sheriff-targeted/intelligence-led-policing [https://perma.cc/4Z52-5QVQ] (discussing the case of Rio, a fifteen-year-old whose home had been visited at least twenty-one times).

^ See generally Roberts, supra note 14; Brianna Harvey, Josh Gupta-Kagan & Christopher Church, Reimagining Schools’ Role Outside the Family Regulation System, 11 Colum. J. Race & L. 575 (2021). School police also act as conduits of information between other schools and other administrators. Nicole L. Bracy, Circumventing the Law: Students’ Rights in Schools with Police, 26 J. Contemp. Crim. Just. 294, 307–08 (2010).

^ Pub. L. No. 115-141, 132 Stat. 1128 (2018) (codified at 34 U.S.C. §§ 10551–10556).

^ Andrew Ujifusa, President Trump Signs Spending Bill that Includes Billions More for Education, Educ. Wk. (Mar. 23, 2018), https://www.edweek.org/policy-politics/president-trump-signs-spending-bill-that-includes-billions-more-for-education/2018/03 [https://perma.cc/Y94R-7K9V]; Student, Teachers, and Officers Preventing (STOP) School Violence Program, Bureau Just. Assistance (Oct. 20, 2022), https://bja.ojp.gov/program/stop-school-violence-program/overview [https://perma.cc/D84M-3EB9].

^ Minn. Stat. § 260B.171(3)(a), (5)(e) (2016).

^ Id. § 121A.28.

^ Eisha Jain, Arrests as Regulation, 67 Stan. L. Rev. 809, 844 (2015).

^ Id. at 860 (noting that such disclosures “magnify the effects of relatively minor policing decisions on the poor and on racial minorities, who are the most likely to be arrested”); see also John Rosiak & Emily Veysey, School Resource Officers Navigating Information Sharing, Cmty. Policing Dispatch (June 2013), https://cops.usdoj.gov/html/dispatch/06-2013/sros_and_information_sharing.asp [https://perma.cc/NPR4-GWAE] (promoting information sharing and collaboration between schools and police).

^ Emma Tynan et al., Caught in an Educational Dragnet: How the School-to-Deportation Pipeline Harms Immigrant Youth and Youth of Color, Nat’l Immigr. L. Ctr. (May 19, 2022), https://www.nilc.org/2022/05/19/caught-in-an-educational-dragnet-how-the-school-to-deportation-pipeline-harms-immigrant-youth-and-youth-of-color-the-torch [https://perma.cc/EDH2-PEUV]; Laila L. Hlass, The School to Deportation Pipeline, 34 Ga. St. U. L. Rev. 697, 698 (2018); Hannah Dreier, How a Crackdown on MS-13 Caught Up Innocent High School Students, N.Y. Times Mag. (Dec. 27, 2018), https://www.nytimes.com/2018/12/27/magazine/ms13-deportation-ice.html [https://perma.cc/R7K9-V7NH] (“With Operation Matador, ICE found a way around these protections, by relying on police officers inside schools, known as school resource officers. They collect tips and disciplinary information from teachers and administrators and can legally share it with their departments, which can in turn pass it on to immigration agents.”).

^ Dreier, supra note 349. A federal immigration judge reviewed ICE’s decision and found that a clear error had been made. Id.

^ Shannon Dooling, What a Boston Student’s Deportation Reveals About School Police and Gang Intelligence, WBUR (Dec. 13, 2018), https://www.wbur.org/news/2018/12/13/east-boston-student-discipline-to-deportation [https://perma.cc/F56P-66DQ]; see also Bianca Vázquez Toness, Newly Released Records Point to Evidence that Boston Student Information Was Shared with Immigration Agency, Boston.com (Jan. 7, 2020), https://www.boston.com/news/local-news/2020/01/07/newly-released-records-point-to-evidence-that-boston-student-information-was-shared-with-immigration-agency [https://perma.cc/TPS9-P9D7].

^ See Toness, supra note 351.

^ See Dreier, supra note 349. In Chicago, people have accused SROs of entering young students into the Chicago Police Department’s gang database. Sarah Karp, Chicago Mom Accuses School Police of Labeling Her Son a Gang Member, WBEZ Chi. (Apr. 10, 2019, 6:00 AM), https://www.wbez.org/stories/chicago-mom-accuses-school-police-of-labeling-her-son-a-gang-member/e18087b2-64a7-4783-b8a0-d28127de5e09 [https://perma.cc/5QXD-H5N2].

^ See Toness, supra note 351.

^ See supra notes 39–41 and accompanying text.

^ See supra section II.C, pp. 851–61.

^ E.g., U.S. Dep’t of Veterans Affs., Directive 0730, Security and Law Enforcement (Dec. 12, 2012).

^ Id. ¶ 2.m(1)–(2), at 8–9.

^ U.S. Dep’t of Veterans Affs., Veterans Health Administration Fugitive Felon Program 1, 3 (Feb. 23, 2012), https://www.va.gov/vhapublications/ViewPublication.asp?pub_ID=2494 [https://perma.cc/3VHS-82H9].

^ I develop the concept of information sharing more fully elsewhere in the Article. See infra section III.B, pp. 868–74.

^ Information sharing between police and public health agencies is also underway in numerous institutions with the goal of reducing “repeat utilizers” in public emergency departments. Jennifer D. Wood & Laura Beierschmitt, Beyond Police Crisis Intervention: Moving “Upstream” to Manage Cases and Places of Behavioral Health Vulnerability, 37 Int’l J.L. & Psychiatry 439, 439, 445 (2014).

^ Off. of Cmty. Plan. & Dev., U.S. Dep’t of Hous. & Urb. Dev., The 2020 Annual Homelessness Assessment Report (AHAR) to Congress 53 (2021), https://www.huduser.gov/portal/sites/default/files/pdf/2020-AHAR-Part-1.pdf [https://perma.cc/PCA4-CQ89] (reporting 37,252 homeless veterans in 2020, representing nearly eight percent of all homeless adults). Recent data indicates the cities of Los Angeles (3,456 veterans experience homelessness, representing ten percent of all homeless veterans) and Seattle (855 veterans experience homelessness, representing three percent of all homeless veterans) have the largest numbers. Off. of Cmty. Plan. & Dev., U.S. Dep’t of Hous. & Urb. Dev., The 2022 Annual Homelessness Assessment Report (AHAR) to Congress 67 (2022), https://www.huduser.gov/portal/sites/default/files/pdf/2022-AHAR-Part-1.pdf [https://perma.cc/4S5V-HNC2].

^ Local police can utilize a system called SQUARES (Status Query Exchange and Response System). See Hal Donahue et al., Nat’l Inst. of Corr., U.S. Dep’t of Just., Law Enforcement Officers Respecting Service, Restoring Honor for Vets in Crisis 5 (2019), https://s3.amazonaws.com/static.nicic.gov/UserShared/033091.pdf [https://perma.cc/BR5F-YQ84] (discussing protocols “designed with the officers’ needs in mind” when bringing veterans to VA facilities for care).

^ See Nat’l Ctr. for PTSD, supra note 300, at 13 (“Police officers are encouraged to consider Veterans as their equals, if not superiors, in terms of training on tactics, weapons, and use of deadly force.”).

^ Madeline Penn et al., Comparison of Wait Times for New Patients Between the Private Sector and United States Department of Veterans Affairs Medical Centers, 2 JAMA Network Open, Jan. 18, 2019, at 1, 1, https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2720917 [https://perma.cc/8XC3-ERGS] (reporting a mean wait time that was twelve days shorter than those in the private sector for outpatient appointments in certain specialities); Kevin N. Griffith et al., Appointment Wait Times for Speciality Care in Veterans Health Administration Facilities vs Community Medical Centers, 3 JAMA Network Open, Aug. 26, 2020, at 1, 2, https://jamanetwork.com/journals/jamanetworkopen/fullarticle/2769826 [https://perma.cc/8KNH-9A9F] (finding that between 2013 and 2019, VHA facility wait times were generally lower than were wait times at community care alternatives).

^ David J. Shulkin, Editorial, Why VA Health Care Is Different, Fed. Prac., May 2016, at 9 (discussing the VA’s specialized expertise, including mental health treatment); Patel, supra note 59, at 813, 820.

^ Patel, supra note 59, at 819–23.

^ Ayobami Laniyonu & Phillip Atiba Goff, Measuring Disparities in Police Use of Force and Injury Among Persons with Serious Mental Illness, 21 BMC Psychiatry, 2021, at 1, 1, https://doi.org/10.1186/s12888-021-03510-w [https://perma.cc/QAQ3-RHXN].

^ Id.

^ See Fagan & Campbell, supra note 210, at 1007; see also Amam Z. Saleh et al., Deaths of People with Mental Illness During Interactions with Law Enforcement, 58 Int’l J.L. & Psychiatry, 110, 110 (2018) (analyzing 2015 fatality data of police and civilian interactions compiled by the Washington Post and The Guardian, and finding twenty-three percent of civilians killed during them showed signs of mental illness).

^ See Lara-Millán, supra note 16, at 879–80.

^ Id.

^ Wood & Beierschmitt, supra note 361, at 439, 445.

^ E.g., Nadine Ehlers & Shiloh Krupar, “When Treating Patients Like Criminals Makes Sense”: Medical Hot Spotting, Race, and Debt, in Subprime Health: Debt and Race in U.S. Medicine 31, 32 (Nadine Ehlers & Leslie R. Hinkson eds., 2017).

^ See Ji Seon Song, Policing the Emergency Room, 134 Harv. L. Rev. 2646, 2661–62, 2664 (2021).

^ See id. at 2650, 2661–62; Harada et al., supra note 32, at 745.

^ See Song, supra note 375, at 2661–63.

^ Id. at 2650–51.

^ I make a distinction throughout between frontline workers and backroom bureaucratic administrators. Horizontal and vertical relationships within and between the institutions discussed in this Article play a part in the regulation and management of race-class subjugated communities. Professor Michael Lipsky’s examination of several bureaucracies illustrates the ways policies (and law) that most affect marginalized populations are “made” at the ground level by frontline workers. Lipsky, supra note 66, at 71–80. The nurses, teachers, police, judges, and other frontline workers in bureaucracies exercise wide discretion, but vertical relationships with clientele below and management from above also hinder their decisions. This literature reveals the management of poor people as a top-down and bottom-up process. Id. Lipsky is less focused on the “sideways” relationships of street-level governance and management of poor people. Sociologists such as Professor Megan Comfort focus on the horizontal interactions between bureaucratic institutions and their workforces. See Seim, supra note 81, at 16; Comfort et al., supra note 67, at 110–11. Comfort and her coauthors identify a key feature as the “massive disconnect between institutions” governing the urban poor. Id. at 115; see also Seim, supra note 81, at 16. Comfort and others argue that while institutions may share and cycle in and out the same clientele, they carry different and sometimes contradictory missions. See Comfort et al., supra note 67, at 111.

^ School Resource Officers complain principals want them to “monitor . . . the restroom” or “stand in the lobby and walk the halls.” Lynn M. Barnes, Keeping the Peace and Controlling Crime: What School Resource Officers Want School Personnel to Know, 89 Clearing House 197, 199 (2016); see also Higgins et al., supra note 309, at 574; Trisha Rhodes, School Resource Officer Perceptions and Correlates of Work Roles, 13 Policing 498, 500 (2019).

^ I am drawing from the work of Professor Josh Seim, a sociologist, who adopts a “labor-centric approach” in developing a framework for understanding both the vertical and horizontal relationships between institutions of care and penalty. Seim, supra note 81, at 17–18. His work centers EMT workers. See id. at 19–20, 20 fig.3. Seim describes police as “usually hav[ing] the tools to successfully pressure [EMT] crews” (such as ordering psychiatric holds or applying pressure “with a jail-or-hospital ultimatum”), leading crews to “feel generally powerless in relation to the cops,” but also “hav[ing] some power to determine how they shuffle [people] onto nurses.” Id. at 121–22. EMT workers negotiate the movement of poor people between emergency department staff and police who act as functional gatekeepers between the streets, jails, and emergency departments. Id. at 16. This Article presents a similar claim. To varying degrees, other frontline workers play similar gatekeeping roles. See generally Paik, supra note 18; Elizabeth Chiarello, The War on Drugs Comes to the Pharmacy Counter: Frontline Work in the Shadow of Discrepant Institutional Logics, 40 L. & Soc. Inq. 86 (2015); Beckett & Murakawa, supra note 17; Ji Seon Song, Patient or Prisoner, 92 Geo. Wash. L. Rev. (forthcoming 2024) (on file with the Harvard Law School Library); Osagie K. Obasogie & Anna Zaret, Medical Professionals, Excessive Force, and the Fourth Amendment, 109 Calif. L. Rev. 1 (2021); Montes et al., supra note 32.

^ See Griffey, supra note 138 (“The principals, they can depend on someone being there. They have a lot of questions about the criminal side of it, ‘What can I do with this child?’”).

^ HIPAA, FERPA, and other privacy laws are complex, and in the rushed circumstances of a school fight or emergency department visit, frontline workers may be unable to take the time to engage in the necessary analysis to determine whether sharing information with law enforcement violates patient or student privacy rights. In such situations, staff are inclined to defer to the on-site police. See infra section III.C, pp. 874–82.

^ See Harada et al., supra note 32, at 745 (“I think one of the issues is that there’s an intimidation factor. The police officer is telling you to give them something. It’s hard to say no to a police officer. I think that doctors, nurses, techs — I think everybody is subject to this and [police officers] will ask you for information.”); Hannah J. Janeway et al., An Ethical, Legal, and Structural Framework for Law Enforcement in the Emergency Department, 78 Annals Emergency Med. 749, 751 (2021) (“By uncritically accepting routine police presence and practice in health care settings, we perpetuate harms on the very populations that rely on us for their health and well-being.”).

^ See Harada et al., supra note 32, at 741–46; Montes et al., supra note 32, at 1557; Stephen Orbanek, Temple University Police Department and Philadelphia Police Department Announce New Agreement, Temple Now (Mar. 2, 2023), https://news.temple.edu/news/2023-03-02/temple-university-police-department-and-philadelphia-police-department-announce-new [https://perma.cc/4PGW-CPAR] (reporting on the Philadelphia Police Department providing additional resources, in the form of citywide supplemental patrols, to the Temple University Police Department). Police, in this light, could be seen as an additional “public good” and resource provided by the schools to the less wealthy surrounding areas. See Tracey L. Meares, Synthesizing Narratives of Policing and Making a Case for Policing as a Public Good, 63 St. Louis U. L.J. 553, 560–63 (2019); Tracey Meares & Gwen Prowse, Policing as Public Good: Reflecting on the Term “To Protect and Serve” as Dialogues of Abolition, 73 Fla. L. Rev. 1, 21 (2021).

^ Examining VA’s Police Force: Hearing Before the H. Subcomm. on Oversight & Investigations of the H. Comm. on Veterans’ Affs., supra note 298, at 11–12 (statement of Rep. Kathleen M. Rice) (relaying an incident among a veteran seeking medical assistance, a frontline worker, and VA police, which resulted in further injury to the veteran, along with medical records that were “improperly accessed” and in which information was added that “was factually incorrect” concerning the encounter); D’Ann Lawrence White, VA Police Officer Heads to Prison for Violating Veteran’s Rights, Patch (July 14, 2020, 5:56 PM), https://patch.com/florida/largo/va-police-officer-heads-prison-violating-veterans-rights [https://perma.cc/T459-MRK5] (“Nicholson then authored two arrest affidavits and a police report in which he made numerous false statements regarding the incident. Specifically, Nicholson stated that the veteran ‘refused to leave the property . . . became resistant . . . pulled away . . . raised his hand in an aggressive posture . . . did not obey commands to stop resisting . . . resisted on the ground . . . and buckled his knees in an attempt to make himself dead weight.’ Those statements were false and were made to influence the United States Department of Veterans Affairs . . . .”); ABC News World Tonight with David Muir, New Arrests in Inmate Death; Three Hospital Workers Charged with Murder (ABC television broadcast Mar. 16, 2023) (reporting that after in-custody mental health hospital patient died, deputies and hospital workers covered up death, including “when hospital staff called 911, they suggested it was cardiac arrest”); ABC News World Tonight with David Muir, Video of Police Custody Death, Footage Captures Final Moments of Irvo Otieno’s Life (ABC television broadcast Mar. 23, 2023) (indicating the cause of death was asphyxiation, not cardiac arrest).

^ Montes et al., supra note 32, at 1552, 1554.

^ Id. at 1554.

^ See id. at 1554–55 (explaining that conflicting goals between police on one hand and teachers and school administrators on the other often produce tensions).

^ See Janet Moore, Metro Transit: Crime in 2022 on Board Trains, Buses Increased by Half over Previous Year, StarTribune (Jan. 18, 2023, 6:54 PM) https://www.startribune.com/metro-transit-crime-in-2022-on-board-trains-buses-increased-by-half-over-previous-year/600244564 [https://perma.cc/PE2X-QXHK] (transit police chief commenting that police are not going to solve the problems alone and advocating for social services as well).

^ Finn et al., supra note 4, at 51.

^ See, e.g., Sonali Kohli, Eliminate School Police, L.A. Teachers Union Leaders Say, L.A. Times (June 8, 2020, 7:17 PM), https://www.latimes.com/california/story/2020-06-08/defund-school-police-utla-blm [https://perma.cc/H55P-C6EM]; Local Unions Supporting the Movement for Police-Free Schools & Reinvestment in Our Students, Nat’l Educ. Ass’n EdJustice, https://web.archive.org/web/20220528045114/https://neaedjustice.org/local-unions-supporting-the-movement-for-police-free-schools-reinvestment-in-our-students [https://perma.cc/HHA5-7HHU].

^ Ample studies and literature point to the ways School Resource Officers muddle the roles of teachers in discipline. E.g., Montes et al., supra note 32, at 1547. One commentor discusses the potential frustration for an officer who observes a fight on campus, but where a principal expresses “resistance” to an arrest and charges. Steven Clark, The Role of Law Enforcement in Schools: The Virginia Experience — A Practitioner Report, New Directions for Youth Dev. 89, 91 (2011). The circumstances are complicated: “To defy the principal would seriously jeopardize their important relationship.” Id. And yet “the SRO may resent what seems . . . to be interference by a school administrator in a police matter.” Id.

^ See Higgins et al., supra note 309, at 576–78; Fisher & Hennessy, supra note 138, at 218–19.

^ See, e.g., Seim, supra note 81, at 116–19.

^ See Eileen F. Baker et al., Law Enforcement and Emergency Medicine: An Ethical Analysis, 68 Annals Emergency Med. 599, 602–03 (2016) (exploring ethical considerations surrounding emergency physicians’ “public health duties” and “public safety duties”); Leah C. Tatebe et al., Walk the Line: An Ethical Framework for Interactions with Law Enforcement in Trauma Care Environments, 94 J. Trauma Care & Acute Care Surgery e20, e20 (2023) (“There are cases where law enforcement oversteps bounds in the name of investigation priority, potentially violating patient and staff rights. Similarly, there are times where unfavorable assumptions about [law enforcement officers] by healthcare staff can create unnecessary barriers to investigation.”). See generally Elizabeth Chiarello, Law, Morality, and Health Care Professionals: A Multilevel Framework, 15 Ann. Rev. L. & Soc. Sci. 117, 126 (2019).

^ German Lopez, A Utah Cop Manhandled and Arrested a Nurse Because She Didn’t Let Him Break the Law. Now He’s Fired., Vox (Oct. 11, 2017, 9:45 AM), https://www.vox.com/2017/9/1/16239898/utah-police-nurse-video [https://perma.cc/HQC2-SKZ5].

^ Off. of Inspector Gen., supra note 77, at 10.

^ Eric M. Johnson, Deputies Fired for Falsely Accusing Seattle Bus Driver of Profanity, Reuters (Aug. 25, 2015, 5:16 PM), https://www.reuters.com/article/us-usa-police-washington/deputies-fired-for-falsely-accusing-seattle-bus-driver-of-profanity-idUSKCN0QU2HW20150825 [https://perma.cc/G57Z-DD7P].

^ Id.

^ Gersh Kuntzman, MTA Bus Driver Refuses to Help Cops Haul Off Anti-brutality Protesters, Streetsblog NYC (May 29, 2020, 11:53 PM), https://nyc.streetsblog.org/2020/05/29/mta-bus-driver-refuses-to-help-cops-haul-off-anti-brutality-protesters [https://perma.cc/24SW-SSPZ]; Madeleine Carlisle, Bus Drivers in Minneapolis and New York City Have Refused to Help with Police Transportation, TIME (May 30, 2020, 5:28 PM), https://time.com/5845451/bus-drivers-protesters-police-george-floyd [https://perma.cc/8789-WK2J].

^ Transit Union Blasts Metro for Lack of Employee Protection Following Recent Shootings, ABC7 News (Feb. 1, 2023, 4:42 PM), https://wjla.com/news/local/amalgamated-transit-union-blasts-metro-shootings-potomac-avenue-station-operator-dead-killed-protection-safety-john-costa-president-workers-violence-washington-dc-baltimore-virginia-us-department-of-transportation-pete-buttigieg-robert-cunningham [https://perma.cc/V6QF-UPBB] (D.C. Metro); Fran Spielman & Josephine Stratman, CTA Union Leader Demands Return of Conductors and CTA’s Own Police Unit to Combat Crime Surge, Chi. Sun-Times (Mar. 9, 2022, 1:25 PM), https://chicago.suntimes.com/2022/3/9/22969068/cta-crime-security-safety-chicago-transit-union-conductors-police-brown-lightfoot-red-line-shooting [https://perma.cc/DDR4-VTY8] (Chicago). Skeptics of increased police presence in transit call for more housing, outreach, and fare-justice programs to cure socioeconomic vulnerabilities. See, e.g., Sam McCann & Aaron Stagoff-Belfort, More Police Won’t Make Public Transit Safer. Housing and Social Services Will., Vera Inst. of Just. (June 17, 2022), https://www.vera.org/news/more-police-wont-make-public-transit-safer-housing-and-social-services-will [https://perma.cc/5S2W-QMQQ] (New York City).

^ See Keith Graves, An Officer’s Guide for Investigations Involving Public Housing Authorities, FBI L. Enf’t Bull., Dec. 2002, at 8, 9–10, https://leb.fbi.gov/file-repository/archives/dec02leb.pdf/view [https://perma.cc/N72F-L7LZ] (describing the importance of good relationships between local public housing authorities and police to enforce lease provisions and eviction orders); NY School District Offers Remote Learning Due to Gun Violence, Not Coronavirus, FOX 5 N.Y. (Nov. 24, 2021, 7:22 AM), https://www.fox5ny.com/news/ny-school-district-offers-remote-learning-due-to-gun-violence-not-coronavirus [https://perma.cc/6P82-CNHG] (reporting on a statement by the school district that it is “fortunate to have a good working relationship with local law enforcement and various community agencies in the district municipalities and Orange County”); Ilene Haluska, Up and Running Huntington Community Schools, Herald-Press (Aug. 20, 2022), https://www.h-ponline.com/news/up-and-running-huntington-community-schools/article_68a90769-0531-50f2-83e1-3d2383d4f490.html [https://perma.cc/CFK7-FCPE] (reporting on a statement by a local school district superintendent that his “[n]o. 1 goal each and every day is the safety of staff and students” and “[h]aving a good local relationship with law enforcement is vital” to this goal); Christina Popik, Corrupt Clubhouse, Quinnipiac Chron. (Jan. 29, 2019), https://quchronicle.com/65966/news/corrupt-clubhouse [https://perma.cc/8UWP-P3LC] (reporting on a statement by Quinnipiac University’s Associate Vice President for Public Relations that “[t]he university values the excellent relationship it was has with the Hamden Police Department”); Dennis Yusko, College Urged to Teach a Lesson, Times Union (Albany, N.Y.), Sept. 3, 2008, at D1 (reporting on statement by a college’s director of community relations, following an alleged assault by a student against a police officer, that “Skidmore values its positive relationship with the city”); Julie Marquis, 200 Health Professionals Hear Advice on Dealing with Violence, Press-Enter. (Riverside, C.A.), Mar. 12, 1993, at B3 (reporting on a statement by the Chair of the Department of Emergency Medicine at the White Memorial Hospital in East Los Angeles that “it is important for hospitals to maintain a good relationship with police in the community”).

^ See, e.g., Graves, supra note 403, at 8.

^ See, e.g., Veterans Health Admin., supra note 72, at 2.

^ See, e.g., Finn et al., supra note 4, at 95.

^ See, e.g., Carter & Johnson, supra note 250, at 2.

^ See supra note 168 (collecting sources on racial territoriality and racialized borders).

^ Colleen Wilson, Lawsuit Details Assaults by “Belligerent, Argumentative” NJ Transit Riders on 14 Workers, NorthJersey.com (July 14, 2022, 2:36 PM), https://www.northjersey.com/story/news/transportation/2022/07/14/nj-transit-lawsuit-employee-assaults-train-safety/65373075007 [https://perma.cc/TAE9-VCZT] (“In many of the instances outlined in court documents, the crew members allege there were no police present on the trains or at the stations and said they had to wait for transit police and local police to arrive in order to apprehend unruly customers — some of whom were carrying weapons . . . .”).

^ See, e.g., id.

^ See Seim, supra note 81, at 119 (describing the influence of police over ambulance crew); Lara-Millán, supra note 16, at 880–81 (describing how police practices alter the way hospital staff treat patients).

^ See infra notes 416–24 and accompanying text.

^ 5 U.S.C. § 552a.

^ See Lipsky, supra note 66, at 72.

^ Lola Fadulu, Facial Recognition Technology in Public Housing Prompts Backlash, N.Y. Times (Sept. 24, 2019), https://www.nytimes.com/2019/09/24/us/politics/facial-recognition-technology-housing.html [https://perma.cc/YB3S-HMJ7] (discussing privacy concerns in the context of security cameras that are used on public housing units and available to the Detroit Police Department).

^ The emergence of fare collection systems that utilize third-party private companies has raised privacy concerns due to the significant increase in personal data generated and collected by transit agencies and their private vendors. Tom Pera, TransitCenter, Do Not Track: A Guide to Data Privacy for New Transit Fare Media 10 (2021), https://transitcenter.org/wp-content/uploads/2021/03/DoNotTrack_RGB_interactive-1.pdf [https://perma.cc/784W-8MNL].

^ For example, California added protection for transit fare collection systems in 2013. Cal. Sts. & High. Code § 31490(e) (West 2013) (“A transportation agency may make personally identifiable information of a person available to a law enforcement agency only pursuant to a search warrant. Absent a provision in the search warrant to the contrary, the law enforcement agency shall immediately, but in any event within no more than five days, notify the person that his or her records have been obtained and shall provide the person with a copy of the search warrant and the identity of the law enforcement agency or peace officer to whom the records were provided.”). Massachusetts makes fare collection data available to police only pursuant to a warrant or in exigent circumstances. Mass. Gen. Laws Ann. ch. 161A, § 5(s) (West 2022).

^ Mass. Gen. Laws Ann. ch. 161A, § 5(s).

^ Id.

^ Id.

^ Public transportation inherently involves both “ready mobility” and a reduced expectation of privacy. See Pennsylvania v. Labron, 518 U.S. 938, 940 (1996) (per curiam) (“Our first cases establishing the automobile exception to the Fourth Amendment’s warrant requirement were based on the automobile’s ‘ready mobility,’ an exigency sufficient to excuse failure to obtain a search warrant once probable cause to conduct the search is clear. More recent cases provide a further justification: the individual’s reduced expectation of privacy in an automobile, owing to its pervasive regulation.” (citations omitted) (citing California v. Carney, 471 U.S. 386, 390–91 (1985); Carroll v. United States, 267 U.S. 132, 153 (1925))); Carney, 471 U.S. at 407 (Stevens, J., dissenting) (“In my opinion, searches of places that regularly accommodate a wide range of private human activity are fundamentally different from searches of automobiles which primarily serve a public transportation function.” (footnote omitted) (citing Cardwell v. Lewis, 417 U.S. 583, 590 (1974) (plurality opinion))).

^ Sts. & High. § 31490(o) (West 2013) (“[W]ith respect to electronic transit fare collection systems, ‘personally identifiable information’ does not include photographic or video footage.” ).

^ Chris Van Eyken, TransitCenter, Safety for All 5 (2021), https://transitcenter.org/wp-content/uploads/2021/07/SafetyForAll.pdf [https://perma.cc/FHK7-XTVS] (“[P]olice response to ‘code of conduct’ issues like putting feet on seats, eating food, or not paying the fare is consistently discriminatory against Black and brown riders and regularly escalates into incidents of brutality.”).

^ Id. at 21.

^ Pub. L. No. 104-191, 110 Stat. 1936 (codified as amended in scattered sections of the U.S. Code).

^ See 45 C.F.R. § 160.103 (defining “health information”).

^ Privacy in Health Care: Code of Medical Ethics Opinion 3.1.1, Am. Med. Ass’n, https://code-medical-ethics.ama-assn.org/ethics-opinions/privacy-health-care [https://perma.cc/9LB8-67AD].

^ Wendi Campbell Rogaliner et al., Health Care Providers Balance Patient Rights and Law Enforcement Authority in the Hospital Setting, 11 J. Health & Life Scis. L., June 2018, at 42, 54–57.

^ Exceptions to HIPAA are designed to balance personal privacy with law enforcement functions. See generally Disclosures for Law Enforcement Purposes, U.S. Dep’t Health & Hum. Servs.: Health Info. Priv., https://www.hhs.gov/hipaa/for-professionals/faq/disclosures-for-law-enforcement-purposes/index.html [https://perma.cc/D8KB-7VDR] (detailing circumstances in which law enforcement needs might outweigh privacy concerns); Bianca Valdez, Comment, Everyone Bleeds Guilty: Blood Draws for Law Enforcement Purposes in Light of the HIPAA Privacy Rule and Recent Supreme Court Decisions, 52 UIC J. Marshall L. Rev. 489, 490 (2019) (explaining how medical professionals balance HIPAA duties and their duty to assist law enforcement personnel in blood draws for drunk driving).

^ 45 C.F.R. § 164.512(f)(6) (2021).

^ Id. § 164.512(f)(2) (noting some limits to disclosures).

^ Id. § 164.512(f)(1)(ii)(A)–(B) (court orders, warrants, subpoenas, and summonses); id. § 164.512(f)(1)(ii)(C) (allowing administrative requests sometimes without judicial involvement).

^ Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule: A Guide for Law Enforcement, U.S. Dep’t of Health & Hum. Servs. & U.S. Dep’t of Just., https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/special/emergency/final_hipaa_guide_law_enforcement.pdf [https://perma.cc/J2U5-F5ZW].

^ See, e.g., Valdez, supra note 429, at 490.

^ See Song, supra note 375, at 2708; Paul M. Jones et al., Law Enforcement Interviews of Hospital Patients: A Conundrum for Clinicians, 295 JAMA 822, 823 (2006); Rogaliner et al., supra note 428, at 54–57.

^ See supra section III.B, pp. 868–74.

^ See Armando Lara-Millán, Redistributing the Poor: Jails, Hospitals, and the Crisis of Law and Fiscal Austerity 14 (2021); Seim, supra note 81, at 16. Other research suggests police and mental health professionals can be at odds. Thomas M. Green, Police as Frontline Mental Health Workers: The Decision to Arrest or Refer to Mental Health Agencies, 20 Int’l. J.L. & Psychiatry 469, 483–84 (1997).

^ Song, supra note 375, at 2689–90.

^ See Sara F. Jacoby et al., When Health Care and Law Enforcement Intersect in Trauma Care, What Rules Apply?, Health Affs.: Forefront (Oct. 1, 2018), https://www.healthaffairs.org/do/10.1377/forefront.20180926.69826 [https://perma.cc/CK2A-6DYA] (“The danger of the current policy landscape is that any interpretive ambiguities can result in ad hoc negotiations for when, where, and how law enforcement activities take place in health care institutions. This may lead to unintended, informal, and even illegal access to patients and disclosures of their health information to police. It can also promote interprofessional conflict and negative clinical outcomes.”); see also Lara-Millán, supra note 16, at 882.

^ See Working Grp. on Policing & Patient Rts., Police in the Emergency Department: A Medical Provider Toolkit for Protecting Patient Privacy 8 (2021), https://www.law.georgetown.edu/health-justice-alliance/wp-content/uploads/sites/16/2021/05/Police-in-the-ED-Medical-Provider-Toolkit.pdf [https://perma.cc/W5SB-Y8KV].

^ See Harada et al., supra note 32, at 745; cf. Working Grp. on Policing & Patient Rts., supra note 440, at 11–14 (providing guidance to medical providers on how to approach law enforcement officers to protect patient rights).

^ For veterans accessing health care within the VA, the agency is currently considering specific exceptions for sharing medical information with law enforcement. The VA published a System of Records Notice (SORN) on February 6, 2023, that includes two parts that promote information sharing between the VA and law enforcement. Privacy Act of 1974, 88 Fed. Reg. 7776, 7777 (Feb. 6, 2023) (listing “Law Enforcement” and “Law Enforcement, for Locating Fugitive” as two uses of the system). This latest SORN is still in its comment period. Id. at 7776.

^ In addition to FERPA, the Children’s Internet Protection Act, 20 U.S.C. § 9134, 47 U.S.C. § 254, implemented through the Federal Communications Commission (FCC), does not adequately protect student information from law enforcement when students use educational technology software. Section II.C discusses the collection and dissemination of information generated when students use school-issued devices or internet servers through programs such as GoGuardian and Gaggle. The FCC rules for school districts are not equipped to address the range of monitoring educational technology allows. Intended to protect children from obscene and pornographic internet content, gaps in the federal scheme allow ed tech companies to gather behavioral and activity information. See Warren & Markey, supra note 320, at 4, 9–10. See generally Hankerson et al., supra note 320, at 11; Amanda Holpuch & April Rubin, Remote Scan of Student’s Room Before Test Violated His Privacy, Judge Rules, N.Y. Times (Aug. 25, 2022), https://www.nytimes.com/2022/08/25/us/remote-testing-student-home-scan-privacy.html [https://perma.cc/SZ5Q-ACZS].

^ 20 U.S.C. § 1232g; 34 C.F.R. § 99.3 (2021) (defining “education records” as records that contain information “[d]irectly related to a student” and which are “[m]aintained by an educational agency or institution or by a party acting for the agency or institution”).

^ Priv. Tech. Assistance Ctr., U.S. Dep’t of Educ., School Resource Officers, School Law Enforcement Units, and the Family Educational Rights and Privacy Act (FERPA) 1 (2019) (footnote omitted), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/SRO_FAQs.pdf [https://perma.cc/RTL6-LDDS].

^ Some of the circumstances where information may be excluded from FERPA protection include health and safety emergencies, 20 U.S.C. § 1232g(b)(1)(I); id. § 1232g(h)(1); 34 C.F.R. § 99.36; court orders, id. § 99.31(a)(9)(i); and denial of parental right to inspect any personal observations by faculty or staff, 20 U.S.C. § 1232g(a)(4)(B)(i).

^ 20 U.S.C. § 1232g(b)(1)(A). The U.S. Department of Education has confirmed that off-duty police officers and SROs who qualify as school officials may use personal identifying information from education records for promoting school safety. Priv. Tech. Assistance Ctr., supra note 445, at 11–12; see also 34 C.F.R. § 99.31(a)(1)(i)(B)(1)–(3) (detailing circumstances through which contractors or outside parties can be considered school officials).

^ Kurtz et al., supra note 4, at 7, 9, 11.

^ See 20 U.S.C. § 1232g(a)(4).

^ See Higgins et al., supra note 309, at 578 (“Although rapport-building seemingly resembled non–law enforcement roles (e.g., counselling, mentorship), we find that rapport could be framed by a crime control lens in which the relationships built were used to achieve law enforcement goals. Rapport-building could be read within a school criminalization framework because its usefulness is strategically underpinned by a desire to use law enforcement to control student behaviour. Similar to how police in the community may befriend informants, findings suggest SROs may strategically build rapport with students to acquire crime-related information. Rapport-building demonstrates how mundane social strategies can be governed by crime logic.”).

^ Najarian R. Peters, The Golem in the Machine: FERPA, Dirty Data, and Digital Distortion in the Education Record, 78 Wash. & Lee L. Rev. 1991, 2010–11 (2022) (“Police officers who work in schools as SROs can create police reports that are not accessible or amendable by students or parents under FERPA. Those records created by police officers are not considered education records. . . . Therefore, requests to disclose or amend education records do not apply to the records that law enforcement actors acting within the educational environment create, collect, and otherwise process for their own records external to the school environment. While school officials are supposed to notify students or parents before disclosing records ‘unless a court has ruled otherwise,’ ‘law enforcement or government officials may ask a school for confidentiality or serve process that requires the school to keep the request confidential.’ Under this scenario, schools are supposed to ‘remind law enforcement officials of FERPA’s notification requirements, and determine whether the confidentiality request is supported by proper legal process.’” (footnotes omitted)); see 20 U.S.C. §  1232g(a)(4)(B)(ii); see also U.S. Dep’t of Educ., The Family Educational Rights and Privacy Act: Guidance for Eligible Students 6 (2020), https://studentprivacy.ed.gov/sites/default/files/resource_document/file/FERPAforeligiblestudents.pdf [https://perma.cc/5WSJ-MA97].

^ Peters, supra note 451, at 2010–11.

^ 5 U.S.C. § 552a(b)(7) (permitting disclosure without consent “to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought”).

^ Privacy Act Guidelines, 40 Fed. Reg. 28949, 28955 (July 1, 1975).

^ Id. (“An agency may, upon receipt of a written request, disclose a record to another agency or unit of State or local government for a civil or criminal law enforcement activity.”).

^ See 5 U.S.C. § 552a(b)(8), (b)(11). The former exception was intended for sparing use. See DePlanche v. Califano, 549 F. Supp. 685, 704 (W.D. Mich. 1982) (“Both the Senate and House reports indicate that this subsection was intended to apply only to such valid life and death situations as an airplane crash or epidemic, ‘where consent cannot be obtained because of time and distance . . . .’” (quoting H.R. Rep. No. 93-1416, at 13 (1974))).

^ See Fadulu, supra note 415.

^ Id.

^ Other housing authorities have come under scrutiny for much more common surveillance methods, including surveillance cameras. See, e.g., Justin Wm. Moyer, Lawsuit Alleges D.C. Housing’s Cameras Could “Capture Intimate Details,” Wash. Post (Dec. 30, 2022, 7:00 AM), https://www.washingtonpost.com/dc-md-va/2022/12/30/dc-housing-authority-surveillance [https://perma.cc/SG2K-DVVD].

^ See supra Part I, pp. 818–24.

^ Compare Katherine Beckett & Megan Ming Francis, The Origins of Mass Incarceration: The Racial Politics of Crime and Punishment in the Post–Civil Rights Era, 16 Ann. Rev. L. Soc. Sci. 433, 438 (2020) (discussing the impact of federal legislation on incarceration rates in the fifty states), and Hinton, supra note 17, at 8, 11, with Mona Lynch, Mass Incarceration, Legal Change, and Locale: Understanding and Remediating American Penal Overindulgence, 10 Criminology & Pub. Pol’y 673, 676 (2011) (“Although sentencing statutes have been toughened at the state and federal levels, thereby creating the capacity for mass incarceration, mass incarceration has not been realized without local-level criminal justice actors transforming their daily practices to send more and more offenders away to state penal institutions.”), and Elizabeth Hinton & DeAnza Cook, The Mass Criminalization of Black Americans: A Historical Overview, 4 Ann. Rev. Criminology 261, 274–78 (2021).

^ Professor Rachel Harmon argues that the federal government incentivizes and promotes policing at the local level through “money and power.” Rachel A. Harmon, Federal Programs and the Real Costs of Policing, 90 N.Y.U. L. Rev. 870, 870 (2015). By identifying the “coercion costs of policing,” her important analysis provides a counterpoint to the view that with federal resources, local governments are getting policing without much cost. Id.

^ See Hinton, supra note 17, at 1–4.

^ See Samuel Walker & Charles M. Katz, The Police in America: An Introduction 42–52 (6th ed. 2008); Hinton & Cook, supra note 461, at 263–65, 274–78; Paul G. Chevigny, Politics and Law in the Control of Local Surveillance, 69 Cornell L. Rev. 735, 736 (1984) (“The police bureaus and squads responsible for political surveillance grew more active in the 1960s. Part of the reason for the increased activity was reactive; the squads simply had more work to do during that decade of demands for reform and radical change.” (footnote omitted)).

^ See David Weisburd et al., Raising Questions of Law and Order, in Police Innovation and Control of the Police: Problems of Law, Order, and Community 3, 3 (David Weisburd et al. eds., 1993); Douglas Robinson, Thousands on Fifth Ave. March in Vietnam Protest, N.Y. Times, Mar. 27, 1966, at 1; Homer Bigart, Protest Ties Up Brooklyn Campus, N.Y. Times, Oct. 21, 1967, at 1; Columbia Rally Turns Violent, The Sun, May 2, 1968, at A1; Peter A. Jay, Collegians Take Protest to Annapolis: Black College Students Air Money-Cut Protest to Mandel, Wash. Post, Feb. 18, 1970, at A1; Frank J. Prial, Students Step Up Protests on War; Assail 4 Deaths, N.Y. Times, May 6, 1970, at 1; War Protesters Clash with Police in Capital: 86 Arrested on Lincoln Memorial Steps; Veterans End Siege of Statue of Liberty, L.A. Times, Dec. 29, 1971, at A6; Security Forces at VA Medical Centers: Hearing Before the Subcomm. on Hosps. & Health Care of the H. Comm. on Veterans’ Affs., 97th Cong. 3–4 (1981) (prepared statement of Turner Camp, M.D., Associate Deputy Chief Medical Director, VA).

^ Hinton, supra note 17, at 203–04. President Nixon increased the size of federal drug control agencies, established mandatory sentencing, and authorized no-knock warrants at the federal and local level. Id. at 156–58, 318.

^ Id. at 158–59.

^ Security Forces at VA Medical Centers: Hearing Before the Subcomm. on Hosps. & Health Care of the H. Comm. on Veterans’ Affs., supra note 465, at 3–4 (prepared statement of Turner Camp, M.D., Associate Deputy Chief Medical Director, VA). “In 1978, the U.S. Department of Housing and Urban Development (‘HUD’) instituted federal efforts to address crime conditions in public housing. It provided funding to thirty-nine local public housing authorities with the aim of developing community-based anti-crime programs.” Karteron, supra note 112, at 680 (citing W. Victor Rouse & Herb Rubenstein, U.S. Dep’t of Hous. & Urb. Dev., 1 Crime in Public Housing: A Review of Major Issues and Selected Crime Reduction Strategies, at iv–v (1978), https://www.ojp.gov/pdffiles1/Digitization/66418NCJRS.pdf [https://perma.cc/EF8T-2VT5]); see also George L. Kelling, Steven M. Edwards & Mark H. Moore, Federally Funded Community Crime Control: Urban Initiatives Anti-crime Program, 1 Crim. J. Pol’y Rev. 58, 59–60 (1986); Deborah N. Archer, Exile from Main Street, 55 Harv. C.R.-C.L. L. Rev. 788, 791 (2020). See generally Jeffrey Fagan, Garth Davies & Adam Carlis, Race and Selective Enforcement in Public Housing, 9 J. Empirical L. Stud. 697, 699 (2012).

^ Security Forces at VA Medical Centers: Hearing Before the Subcomm. on Hosps. & Health Care of the H. Comm. on Veterans’ Affs., supra note 465, at 3 (prepared statement of Turner Camp, M.D., Associate Deputy Chief Medical Director, VA) (providing background that led to “a complete examination of [VA] medical centers’ vulnerability to crime and misconduct,” including that many VA medical centers “were impacted by the Nation’s growing drug problems”).

^ Sarah Miller, Note, Reconceptualizing Public Housing: Not as a Policed Site of Control, But as a System of Support, 28 Geo. J. on Poverty L. & Pol’y 95, 101–02 (2020) (“The post-1960s public housing reforms included a number of exclusion and termination policies to target individuals with criminal histories.”). “In 1975, the Department of Housing and Urban Development issued regulations instructing [housing authorities to consider] criminal histories when assessing housing applicants.” Id. at 102 n.51. In 1988, Congress passed the Anti-Drug Abuse Act (ADAA), Pub. L. No. 100-690, 102 Stat. 4181 (codified as amended in scattered sections of the U.S. Code), “which authorized housing authorities to evict tenants who engaged in ‘criminal activity,’” Miller, supra, at 102; see also 42 U.S.C. § 1437d. The “stated intent of the ADAA was to protect public housing residents,” but it only “further marginalized low-income residents.” Miller, supra, at 102; see also Cranston-Gonzalez National Affordable Housing Act, Pub. L. No. 101-625, § 504, 104 Stat. 4079, 4185 (1990) (codified as amended at 42 U.S.C. § 1437d(i)(6)) (extending accountability to family members and cohabitants).

^ See, e.g., Law Enf’t Assistance Admin., U.S. Dep’t of Just., Grants and Contracts Fiscal Year 1973, at 11, 40, https://www.ojp.gov/pdffiles1/Digitization/14312NCJRS.pdf [https://perma.cc/GGS5-LMJN] [hereinafter 1973 Grants and Contracts] (listing $78,000 to the Boston Housing Authority’s “Central Security Office” for “Vertical Policing Services” and more than $1 million to the City of Newark’s “High Impact Anti-crime Program” for a “24 hour” patrol program for the Newark Housing Authority); Law Enf’t Assistance Admin., U.S. Dep’t of Just., Grants and Contracts Fiscal Year 1970, at 13, https://www.ojp.gov/pdffiles1/Digitization/11732NCJRS.pdf [https://perma.cc/LJ3G-T5FF] (listing grant funding of $76,370 to the Connecticut “Governor’s Planning Committee on Criminal Administration” for a “20-man patrol force composed of special police officers” in connection with the Bridgeport Housing Authority).

^ Coleman, supra note 155, at 66–67. Policing at universities and colleges increased in response to student protests, while the traditional university police functions of “parking and traffic control, grounds and building patrol, criminal investigation,” and campus security also continued. Seymour Gelber, U.S. Dep’t of Just., The Role of Campus Security in the College Setting 2 (1972), https://www.ojp.gov/pdffiles1/Digitization/8966NCJRS.pdf [https://perma.cc/AWS7-K8GM]; cf. Coleman, supra note 155, at 65 (“Very much like K–12 policing, college policing has seen an evolution from unarmed security guards to full-fledged police departments. As the threats on campus have become more complex, we have seen more resources put into the safety and security of these college campuses.”).

^ 1973 Grants and Contracts, supra note 471, at 70 (reporting a $1 million grant to the Philadelphia Police Department for its Public Transit Crime Reduction Program); see also L. Siegel et al., Law Enf’t Assistance Admin., U.S. Dep’t of Just., Policing Urban Mass Transit Systems 35–36 (1979), https://www.ojp.gov/pdffiles1/Digitization/60284NCJRS.pdf [https://perma.cc/5QRG-9AXY] (describing the Philadelphia Police Department’s transit unit expansion).

^ See supra note 472 and accompanying text.

^ For example, in 1994, President Clinton signed the Gun-Free Schools Act of 1994 (GFSA), 20 U.S.C. § 8921 (2000) (repealed 2022). That law mandates that each state receiving federal funds have a state law requiring local educational agencies to expel, for at least one year, any student who brings a weapon to school. Id. § 8921(b)(1); accord U.S. Dep’t of Educ., Early Warning, Timely Response: A Guide to Safe Schools 11, https://www.ojp.gov/pdffiles1/172854.pdf [https://perma.cc/GV62-G35B]. The GFSA also encourages states to introduce zero-tolerance laws. Kathleen M. Cerrone, The Gun-Free Schools Act of 1994: Zero Tolerance Takes Aim at Procedural Due Process, 20 Pace L. Rev. 131, 132 (1999). By 1995, most states had come into compliance, ushering in a new and harsh era of student discipline. Id. at 163. In the wake of these policies, stu-dents began to receive suspensions and expulsions for harmless and trivial behavior, such as bringing a pocketknife, Advil, acne medication, or a toy gun to school. See Donna St. George, More Schools Are Rethinking Zero Tolerance, Wash. Post (June 1, 2011, 8:45 PM), https://www.washingtonpost.com/local/education/more-schools-are-rethinking-zero-tolerance/2011/05/26/AGSIKmGH_story.html [https://perma.cc/L2EC-USSM]. Alongside the traditional use of punishment such as expulsion or suspensions, schools adopted surveillance (random searches, K-9 units), supervision (SROs), and punishment and deterrence (zero-tolerance policies) measures of the criminal justice system. See Hinton, supra note 17, at 92; Randall R. Beger, Expansion of Police Power in Public Schools and the Vanishing Rights of Students, 29 Soc. Just., nos. 1–2, 2002, at 119, 120, 123. This criminalization of the daily routine of students turned certain public schools into surveillance environments modeled on high-crime policing. See Janel George, Populating the Pipeline: School Policing and the Persistence of the School-to-Prison Pipeline, 40 Nova L. Rev. 493, 500–02 (2016); Fedders, supra note 11, at 1481.

^ Hinton, supra note 17, at 279–81; U.S. Dep’t of Hous. & Urb. Dev., Interagency Urban Initiatives Anti-crime Program 16–17 (1980) (describing federal efforts to provide funding for police in public housing). As an example, Drug Elimination Grants allowed local housing authorities to apply to HUD for designation as a Safe Neighborhood Action Plan city. Richard Elliott, LHAs and Law Enforcement Partnerships, 53 J. Hous. & Cmty. Dev., Sept.–Oct. 1996, at 37, 40. The prosecutor’s office from Pulaski County (Little Rock) approached the North Little Rock Housing Authority and offered to contribute dollar-for-dollar funds to match a portion of the housing authority’s Drug Elimination Grant program money. Id. at 38. This led to two full-time investigators in public housing areas, working with the police mini-substations located in the public housing areas to “streamlin[e] the process of prosecution.” Id.

^ See 49 U.S.C. § 5307(c)(1)(J)(i) (requiring grant recipients to expend funding on public transportation security such as “increased camera surveillance”).

^ Nancy E. Gist, Bureau of Just. Assistance, U.S. Dep’t of Just., Fact Sheet: Local Law Enforcement Block Grants Program 1 (1996) (describing program funding areas for new law enforcement hiring, technology, and school security).

^ For example, HUD used money “granted by the Public Housing Security Demonstration Act to secure lobbies with electronic surveillance, to improve doors and locks with metal bars, and to augment public housing patrol forces by paying the salaries of law enforcement officials.” See Hinton, supra note 17, at 298. The joint initiative also allowed the housing authority investigators to “conduct criminal background checks on all applicants to the public housing and Section 8 programs[,] . . . work closely with law enforcement agencies to assist in raids, to serve warrants, and to build and maintain a gang intelligence database.” Elliott, supra note 476, at 38. See generally Douglas S. Massey & Nancy A. Denton, American Apartheid: Segregation and the Making of the Underclass 12–14 (1993).

^ Violent Crime Control and Law Enforcement Act of 1994, Pub. L. No. 103-322, § 10002, 108 Stat. 1796, 1807; see, e.g., Nancy E. Gist, Bureau of Just. Assistance, U.S. Dep’t of Just., A History of the Local Law Enforcement Block Grants Program: Supporting Local Solutions to Crime 1–2 (2000) (indicating $1.2 billion distributed during FY 1996–1998, with grantees employing funds for equipment, technology, police hiring and payroll, and school security).

^ See 29 U.S.C. § 651(b)(11) (“The Congress declares it to be its purpose and policy, through the exercise of its powers to regulate commerce among the several States and with foreign nations and to provide for the general welfare, to assure so far as possible every working man and woman in the Nation safe and healthful working conditions and to preserve our human resources . . . by encouraging the states to assume the fullest responsibility for the administration and enforcement of their occupational safety and health laws by providing grants to the States to assist in identifying their needs and responsibilities in the area of occupational safety and health, to develop plans in accordance with the provisions of this chapter, to improve the administration and enforcement of State occupational safety and health laws, and to conduct experimental and demonstration projects in connection therewith.”); id. § 667 (“State jurisdiction and plans.”); 29 C.F.R. § 1902.1.

^ See, e.g., U.S. Dep’t of Educ., supra note 475, at 6–7 (describing measures that purport to help schools and teachers identify “children who are troubled,” id. at 7, before they could cause harm); see also Deborah Lamm Weisel, Tackling Drug Problems in Public Housing: A Guide For Police 101–02 (1990) (recommending “‘occupying’ the community,” accomplished by increasing police assigned to public housing developments, opening “mini-stations within the complexes,” id. at 101, and “[b]eefing up enforcement efforts,” id. at 102, as a common approach).

^ See Hinton, supra note 17, at 8 (“After all, in the absence of the policing, juridical, and penal programs federal policymakers imposed, it is entirely possible that state and local governments would have decided to invest in an entirely different set of priorities.”).

^ Safety & Security in the VA, Hearings Before the Subcomm. Oversight & Investigations of the Comm. on Veterans’ Affs. H.R., 105th Cong. 37–38 (1997) (statement of Barbara Frango Zicafoose, Legislative Co-chair, Nurses’ Organization of Veterans Affairs (NOVA)) (“NOVA recognizes that the most frequent recommendation for controlling violence at our medical centers is to arm our VA Police with guns. . . . Guns are for killing and have no place in institutions developed to promote health and wellness and the treatment of disease. NOVA supports an alternative strategy.” Id. at 37.); Security Forces at VA Medical Centers: Hearing Before the Subcomm. on Hosps. & Health Care of the H. Comm. on Veterans’ Affs., supra note 465, at 3–5 (1981) (statement of Turner Camp, M.D., Associate Deputy Chief Medical Director, VA).

^ E.g., Lawrence Fellows, Jansen Opposes Police in Schools: Calls Proposal “Unthinkable” — Leibowitz Backs Idea, N.Y. Times, Nov. 27, 1957, at A1 (noting that a union representative suggested allocating funds for policing to mental health services instead); Policemen at Schools Evaluated: Extra Cost May Be $5,000,000, N.Y. Herald Trib., Nov. 28, 1957, at 18 (reporting on Superintendent William Jansen’s opposition to police in schools); Parents’ Unit Opposes Police in Schools; Teacher Groups Ask for Better Staffs, N.Y. Times, Jan. 30, 1958, at 13 (reporting on the United Parents Association expressing that it would be “a sad day when policemen must be stationed in American public schools as a permanent measure”); Herbert Denton, County Opposes Police for Schools, Wash. Post Times Herald, Aug. 13, 1970, at B2 (superintendent noting that police would be “on call” but would not be “patrol[ling] the halls”).

^ See Hinton, supra note 14, at 10–13, 20–21.

^ See id.

^ See supra notes 230–48 and accompanying text.

^ See supra notes 219–41 and accompanying text.

^ See, e.g., Harada et al., supra note 32, at 747 (describing ways police are embedded in emergency rooms). See generally Ben-Moshe, supra note 65.

^ See sources cited supra note 16.

^ See supra note 22.

^ Garland, supra note 33, at xii; see also Katherine Beckett & Bruce Western, Governing Social Marginality: Welfare, Incarceration, and the Transformation of State Policy, 3 Punishment & Soc’y 43, 44 (2001) (“[W]elfare and penal institutions comprise a single policy regime aimed at the governance of social marginality.”).

^ See Ben-Moshe, supra note 65, at 21–28 (discussing the theory of “racial criminal pathologization,” id. at 23, in which racism, ableism, and sanism coincide to lead to pathologization of individuals perceived as criminal); Benjamin W. Fisher et al., Protecting the Flock or Policing the Sheep? Differences in School Resource Officers’ Perceptions of Threats by School Racial Composition, 69 Soc. Probs. 316, 331 (2022) (discussing research showing higher levels of threat perceptions in schools with more “disadvantaged” children lead to SROs using law enforcement roles more frequently than in schools with less student disadvantage, where SROs are more likely to engage in their “education” role). For examples from the health care context, see Osagie K. Obasogie, The Return of Biological Race? Regulating Innovations in Race and Genetics Through Administrative Agency Race Impact Assessments, 22 S. Cal. Interdisc. L.J. 1, 5–6 (2012). For examples from transit contexts, see Van Eyken, supra note 423, at 14–15 (2021) (“For transit operators and other frontline workers, transit safety is a matter of workplace safety. Fear of abuse and harassment from riders creates stress for transit workers and makes carrying out their duties more difficult. Transit operators advocate for police presence as it helps to reassure transit workers and makes them feel protected . . . .”). For examples from school contexts, see Clara Harter, New Report Reignites Debate over Police on LAUSD Campuses, L.A. Daily News (Feb. 3, 2023, 4:48 PM), https://www.dailynews.com/2023/02/02/new-report-reignites-debate-over-police-on-lausd-campuses [https://perma.cc/43R5-FBNU] (reporting on a 2020 Los Angeles Unified School District (LAUSD) survey finding that a “majority of LAUSD parents, teachers and students believe school police make campuses safe”); Fisher et al., supra, at 319 (discussing educator studies finding teachers more likely to expect Black children to misbehave or recommend more severe discipline for Black students than white students). See generally William J. Hall et al., Implicit Racial/Ethnic Bias Among Health Care Professionals and Its Influence on Health Care Outcomes: A Systematic Review, 105 Am. J. Pub. Health, at e60 (2015).

^ Bernard Beech & Phil Leather, Workplace Violence in the Health Care Sector: A Review of Staff Training and Integration of Training Evaluation Models, 11 Aggression & Violent Behav., 2006, at 27, 32–33 (discussing the importance of training in managing workplace violence in the health care setting).

^ Carmen Black & Amanda Calhoun, How Biased and Carceral Responses to Persons with Mental Illness in Acute Medical Care Settings Constitute Iatrogenic Harms, 24 AMA J. Ethics 781, 783–84 (2022) (“Personal biases converge at the systems level to create an entire series of discriminatory policies and protocols that fail to ensure equitable, evidence-based care to persons with [several mental illness] on inpatient medical units. . . . Security-only interventions in behavioral emergencies invite those same prejudices into inpatient care, and harms of biased hospital policing are compounded by racism and bias against mental health.”); Asia Fields, Seattle Children’s Knew for Years Security Was Called Disproportionately on Black Patients, Seattle Times (Apr. 21, 2021, 9:31 AM), https://www.seattletimes.com/seattle-news/times-watchdog/seattle-childrens-knew-for-years-security-called-more-often-on-black-patients [https://perma.cc/EL3V-LWXA].

^ Violence in the Workplace: Risk Factors and Prevention Strategies, Ctrs. for Disease Control & Prevention: Nat’l Inst. for Occupational Safety & Health (NIOSH) (July 1996), https://www.cdc.gov/niosh/docs/96-100/risk.html [https://perma.cc/53HY-VT4F] (noting “factors may increase a worker’s risk for workplace assault,” including “[w]orking with unstable or volatile persons in health care, social service, or criminal justice settings”).

^ Black & Calhoun, supra note 496, at 784 (“Health care professionals’ own prejudice can lead them to disproportionately activate security emergency protocols on patients of color and patients living with [severe mental illness], as happened at Seattle Children’s Hospital, where security has been called on Black patients at twice the rate of White patients for over 10 years without anything being done about it.”). Out of the 100 largest universities by campus enrollment, those located in or near the cities of Philadelphia, New York, and Los Angeles had among the most full-time law enforcement employees per 10,000 students. Brian A. Reaves, Bureau of Just. Stat., U.S. Dep’t of Just., Campus Law Enforcement, 2011–12, at 23–24 (2015), https://bjs.ojp.gov/content/pub/pdf/cle1112.pdf [https://perma.cc/LM4A-E342]; see id. at 2 (reporting that on 501 public university campuses, 92% used sworn officers, as compared to 404 private university campuses, where 38% used sworn officers); Rhodes, supra note 380, at 502 (documenting negative effects associated with greater law enforcement role, as opposed to counseling or teaching, among SROs); Jason Wingard, Commentary, Homicides Near Universities Are a Crisis that Needs Immediate Action and Long-Term Solutions, Chi. Trib. (Apr. 18, 2022, 5:00 AM), https://www.chicagotribune.com/opinion/commentary/ct-opinion-homicides-universities-off-campus-philadelphia-chicago-20220418-j6j27mxk6ncvdkusabrkn77qya-story.html [https://perma.cc/2B6R-J9K2]; see also About Public Safety: Frequently Asked Questions, Temple Univ., https://www.temple.edu/life-temple/safety/safety-faq [https://perma.cc/5K6N-HK9J].

^ See, e.g., Harter, supra note 494.

^ Lipsky, supra note 66, at 3–4.

^ See Paul J. DiMaggio & Walter W. Powell, The Iron Cage Revisited: Institutional Isomorphism and Collective Rationality in Organizational Fields, 48 Am. Soc. Rev. 147, 153 (1983).

^ E.g., Patel, supra note 59, at 835–42.

^ See Ruha Benjamin, Race After Technology: Abolitionist Tools for the New Jim Code 167–68 (2019) (“Coding people as ‘risky’ kicks in an entire digital apparatus that extends incarceration well beyond the prison wall. . . . [S]chools and public housing as they currently function are an extension of the [prison-industrial complex]: many operate with a logic of carcerality and on policies that discriminate against those who have been convicted of crimes.”).

^ See, e.g., Song, supra note 375, at 2695–96 (“The lack of special privacy protections in the ER enables informal or formal collaborations between law enforcement and hospitals that heighten the police surveillance of patients.” Id. at 2695.).

^ See, e.g., Archer, supra note 468, at 790–96 (discussing the impacts of policing-based housing policies); Deborah N. Archer, The New Housing Segregation: The Jim Crow Effects of Crime-Free Housing Ordinances, 118 Mich. L. Rev. 173, 191–93 (2019) (discussing reliance on criminal databases in tenant screening processes); Mick Dumke, Like Chicago Police, Cook County and Illinois Officials Track Thousands of People in Gang Databases, ProPublica (July 19, 2018, 4:00 AM), https://www.propublica.org/article/politic-il-insider-additional-gang-databases-illinois-cook-county [https://perma.cc/UTN8-XVKW] (reporting on the Illinois State Police Department’s “gang database” and confirming that the list of agencies that can access and use the information includes the Chicago Housing Authority’s investigative offices).

^ See, e.g., Kevin Lapp, Databasing Delinquency, 67 Hastings L.J. 195, 212–15 (2015) (discussing the roles of schools as informants for police databases).

^ E.g., Ruha Benjamin, Introduction: Discriminatory Design, Liberating Imagination, in Captivating Technology: Race, Carceral Technoscience, and Liberatory Imagination in Everyday Life 1, 2 (Ruha Benjamin ed., 2019) (“From credit-scoring algorithms to workplace monitoring systems, novel techniques and devices are shown to routinely build upon and deepen inequality. Racist and classist forms of social control, in this sense, are not limited to obvious forms of incarceration and punishment . . . .” (footnote omitted)); Chaz Arnett, Race, Surveillance, Resistance, 81 Ohio St. L.J. 1103, 1110–11 (2020); Jessica M. Eaglin, When Critical Race Theory Enters the Law & Technology Frame, 26 Mich. J. Race & L. 151, 160 n.45 (2021) (citing the work of Simone Brown); Stop LAPD Spying Coalition, Automating Banishment: The Surveillance and Policing of Looted Land 1–2 (2021), https://automatingbanishment.org/assets/AUTOMATING-BANISHMENT.pdf [https://perma.cc/UG8T-UMHY] (“Modern policing incorporates tactics honed during ongoing settler colonialism, genocide, and enslavement. . . . ‘Predictive’ and ‘data-driven’ policing are the latest form of those harms. The purposes remain the same: speculatively criminalizing our identities, banishing us from our homes, and gathering ‘intelligence’ to control us.”).

^ See Off. of the Inspector Gen., U.S. Dep’t of Just., No. I-2005-007, The Department of Justice’s Terrorism Task Force, at ii, 18–19, 319 (2005).

^ Bruce Schneier, Beyond Fear 38 (2003) (“[O]ne of the goals of a security countermeasure is to provide people with a feeling of security in addition to the reality. But some countermeasures provide the feeling of security instead of the reality. These are nothing more than security theater. They’re palliative at best.”); Fedders, supra note 11, at 1462–64 (discussing “security theater” as “one of the key social forces driving school policing,” id. at 1462).

^ See generally 4 Jeremy Bentham, Panopticon; Or, The Inspection-House (1787), reprinted in The Works of Jeremy Bentham 37 (John Bowring ed., Russell & Russell, Inc. 1962) (1843).

^ See, e.g., Job Postings, Nat’l Ass’n of Sch. Res. Officers, https://www.nasro.org/news/job-postings [https://perma.cc/9BNX-6HJ5]; Job Posting for School Resource Officer at City of Douglas, Salary.com (Apr. 17, 2022), https://www.salary.com/job/city-of-douglas/school-resource-officer/j202202170519549195934 [https://perma.cc/5RCW-Z28C] (“Applicants must have a minimum of three (3) years law enforcement experience . . . .”).

^ See supra section I.B, pp. 823–24.

^ See, e.g., Benjamin Mueller, Shooting of Emotionally Disturbed Man Puts Focus on New Training, N.Y. Times (Aug. 1, 2017), https://www.nytimes.com/2017/08/01/nyregion/shooting-of-emotionally-disturbed-man-puts-focus-on-new-training.html [https://perma.cc/5CLV-36HY].

^ See, e.g., Policing the Teen Brain Trainings, Strategies for Youth, https://strategiesforyouth.org/services/ptb-training [https://perma.cc/2H3C-3H4B].

^ See, e.g., Marcus Paxton & Robert Strauss, Cultural Diversity and Cultural Competency for Law Enforcement, Police Chief, https://www.policechiefmagazine.org/cultural-diversity-and-competency [https://perma.cc/BN29-NSUT].

^ Even some transit police are given training related to transit. See, e.g., Stephen Downing, LBPD Chief Luna Added to Racial Profiling Lawsuit, Beachcomber (July 26, 2020), https://beachcomber.news/content/lbpd-chief-luna-added-racial-profiling-lawsuit [https://perma.cc/5V58-PRZ4] (citing four-hour training course on transit policing).

^ See supra section III.B, pp. 868–74.

^ For example, in 2019, the Department of Veterans Affairs’ Acting Under Secretary for Health for Operations and Management testified in front of Congress that the VA would focus on security education that incorporates “issues specific to health care” due to officers’ “active and vital role in the clinical arena.” Examining VA’s Police Force: Hearing Before the H. Subcomm. on Oversight & Investigations of the Comm. on Veterans’ Affs., supra note 298, at 33 (statement of Renee Oshinski, Acting Deputy Under Secretary for Health for Operations and Management, Veterans Health Administration, VA). She acknowledged the importance of continual retraining on various tactics to prevent the use of lethal force and address the particular vulnerabilities of former service members. Id.

^ See supra section II.B, pp. 839–50; sources cited supra notes 181–99.

^ See supra note 508 and accompanying text.

^ E.g., Michelle Fine et al., “Anything Can Happen with Police Around”: Urban Youth Evaluate Strategies of Surveillance in Public Places, 59 J. Soc. Issues 141, 154 (2003) (documenting low trust among “urban” youth in adults in positions of public authority, including police or security guards in schools); Gary Sweeten, Who Will Graduate? Disruption of High School Education by Arrest and Court Involvement, 23 Just. Q. 462, 463, 473, 477–78 (2006) (discussing longitudinal data showing that first-time arrest and court appearance in high school increased the odds of dropping out by anywhere from two to four times).

^ For an examination of policing’s safety rationale, see, for example, Barry Friedman, What Is Public Safety?, 102 B.U. L. Rev. 725, 750 (2022) (“So ingrained is the mindset that public safety = protection, that we turn over many real problems of public safety . . . to police, who simply do not have the skills to do the job.”); Barry Friedman & Elizabeth G. Jánszky, Policing’s Information Problem, 99 Tex. L. Rev. 1, 5 (2020) (considering “why we are so in the dark about policing and the practice of keeping ourselves safe, and what we can do to address the problem”).