Holding Law Enforcement Accountable: Sarah Schielke's Efforts To Ensure Justice for Victims of Police Misconduct

“To protect and to serve.” That’s the motto of the Los Angeles Police Department, adopted in 1963 and now used for forces nationwide. But who makes sure they actually are protecting and serving? Attorney Sarah Schielke, for one.

Sarah Schielke stands out as a formidable advocate for justice, particularly in cases involving police misconduct. Her unique approach and unwavering commitment to accountability are reshaping how law enforcement agencies operate and how victims of misconduct seek redress.

Schielke's philosophy is clear and direct: "When I check your work, I am thorough and I am relentless. Fear me checking your work. And with respect to police, I am checking their work on this." This watchdog mentality forms the foundation of her practice, pushing for transparency and accountability in law enforcement.

Her focus extends beyond individual cases to address systemic issues. "There's incentives that shouldn't be there. There's no consequences when they're getting it wrong," Schielke points out. By highlighting these structural problems, she aims to create lasting change in how police departments operate.

Protecting the Vulnerable

A significant aspect of Sarah Schielke's work involves protecting those most vulnerable to police misconduct. She observes, "Most of the people who are getting sucked in and abused by these awards-for-more-DUI-arrests type of broken system are just people who are different. People who are disabled, people who are elderly, people who have mental health issues."

A paper published by The American Public Health Association stated, “The War on Drugs has been credited with creating policies that significantly contribute to racial/ethnic and socioeconomic disparities in drug arrests, further embedding racial/ethnic disparities within the criminal justice system. Racial/ethnic minorities continue to be more likely than White individuals to be incarcerated for nonviolent substance-related offenses and imprisoned for drug charges. With regard to alcohol, racial/ethnic minorities are more likely to experience negative consequences, such as arrest and detainment for drinking, potentially because of perceived racial discrimination and racial/ethnic stigma.”

This focus on vulnerable populations underscores the broader civil rights implications of Sarah Schielke’s work. She isn’t just fighting individual cases; she's addressing systemic biases that disproportionately affect certain groups.

Schielke is particularly concerned with the incentive structures that can lead to police misconduct. "There's agencies getting money, there's officers getting awards and trophies, there's all of these perverse incentives that are set up to arrest people without a care at all for whether or not these people turn out to be innocent," she explains.

Her goal is to dismantle these systems and replace them with structures that prioritize justice and accuracy over arrest numbers. "I want to take down this system," Schielke states firmly, highlighting her commitment to fundamental reform.

Sarah Schielke: Pushing for Accountability

A key aspect of Schielke's approach is her insistence on thorough reviews and accountability measures for police misconduct. She advocates for a system where wrongful arrests are treated as serious events requiring immediate attention.

"I want a police agency to think when they see an undetected result come in on an officer's DUI arrest that that is an all-hands-on-deck event where you pull up the video, and you examine what was wrong with training or where the mistakes were made, and you admit that you made mistakes," Schielke explains.

Her efforts are already showing results. She notes, "Right now I have 5 wrongful DUI arrest lawsuits pending against Fort Collins Police Services, all for wrongful DUI arrests made of innocents by just one single officer. These 5 plaintiffs represent just a small portion of the wrongful DUI arrests this one cop was able to make without intervention from anyone at the agency for over a year. In response to the lawsuits, Fort Collins Police Services appears to have changed their written policies, requiring automatic chain of command review on any nondetected blood test results that come in on an officer’s DUI arrests. This is hardly anything revolutionary, it’s common sense, and it should have been what was always occurring.” But, Schielke adds, “even if just lip service to the idea, it reflects a growing understanding within policing that more accountability is coming. That I am coming. And that I will not stop until it’s truly been accomplished. There is so much more work to be done here.”

Innovative Legal Strategies

Sarah Schielke's methods often diverge from traditional legal practices, particularly in how she approaches settlements and negotiations. She generally rejects the common practice of mediation, stating, "The practice of mediation in these cases is set up to get the insurance companies discounts. I am not a fan of it. Unless my client is interested in it, I'm not mediating anything."

An important part of Schielke's work also involves challenging misconceptions about legal settlements in police misconduct cases. She emphasizes that these settlements are typically paid by insurance companies, not taxpayers directly.

"The taxpayers are never paying for it. But by everybody letting this narrative circulate for so long, it's created yet another obstacle to community members giving reparations that are owed to their fellow community members," Schielke explains. By clarifying this point, she aims to remove barriers to justice for victims of police misconduct.

Central to Schielke's practice is her rejection of fear-based decision-making. "I don't do anything fear-based in my practice. I don't find that that produces good outcomes," she asserts. This approach allows her to stand firm in her advocacy, pursuing the best outcomes for her clients without being swayed by intimidation tactics.

Shaping the Future of Police Accountability

Sarah Schielke's ultimate goal is to fundamentally change how police departments approach their work and handle misconduct. "I think if you're a police officer, arresting an innocent person should be the most terrifying prospect and the most catastrophic outcome you could ever be responsible for," she states.

According to Harvard Public Health, “If, as conservative estimates suggest, 1% of people in prison in the United States are innocent, that would mean that 22,000 people are behind bars for crimes they did not commit. Many experts think the percentage is realistically more like 2.5% to 5% — that some 55,000 to 110,000 wrongfully convicted people are serving time.”

Schielke isn’t just representing individual clients; she's shaping the future of police accountability for all. Her work challenges the status quo, pushing for a system that prioritizes individual rights, thorough investigations, and meaningful consequences for misconduct.

Sarah Schielke's efforts to hold law enforcement accountable extend far beyond the courtroom. Through her innovative legal strategies, fearless advocacy, and determination to confront systemic issues, she's securing justice for victims of police misconduct while driving broader reforms in law enforcement practices. As her influence grows, it promises to create a more just and accountable approach to policing, potentially transforming the relationship between law enforcement and the communities they serve for years to come.