MPD criticized for lack of transparency in internal probe
by: Jessica Gertler
MEMPHIS, Tenn. — Citizens are calling on the Memphis Police Department to be more transparent when it comes to releasing their internal investigation records and data. Some have even taken their frustrations to court.
“This is the third week in a row I spoke before this council,” said one citizen during a city council meeting.
“Right now, it looks like the city is preparing to defend itself in court,” another person told the council.
Public comments during recent Memphis city council meetings haven’t let up after what happened in March during a No King’s Day protest.
“We come up here time and time again like you don’t see us or hear us,” a citizen chimed in.
In April, 25 organizations sent a letter to the Shelby County District Attorney to request that he release the body-worn camera footage, since the criminal charges were dropped.
DA’s Office Releases Portion of the Footage
This week, his office released a clip of body-worn camera footage in an effort for transparency.
Officers were heard saying a group of protestors was headed back to the park. Moments later, another officer claimed a group was holding up a car and pushing against it.
While you couldn’t see the group when he said it, you did see them seconds later when the officer approached them. Their arms were locked and walking backwards.
The officer then aimed his chemical irritant spray, told them to go, and then started spraying at close range at least three times.
MPD stands by their initial statement that the protestors violated permit conditions and state law by blocking active traffic. They gave verbal commands. Three people were arrested, but the charges were later dropped.
“It’s something we take very seriously. The officers will be on administrative leave while we conduct an internal investigation,” Memphis Mayor Paul Young said afterwards.
Citizens continue to call on MPD to release all of the footage to better understand what exactly happened.
“Why did this escalation happen? Who gave the order? Why were de-escalation protocols apparently ignored? Why are critical portions of footage still missing?” Jessica Miller of Indivisible Memphis said.
Councilmembers Urging Transparency
Council members have also urged transparency.
“We just want to make sure that we are transparent, because people contact us all the time. They’re concerned, and then it makes it seem as if we’re hiding things. Even if we can be honest and say, ‘Hey, there was a mistake made.’ We just want to be honest and make sure there is protocol in place,” Councilmember Jana Swearengen-Washington said.
At an April committee meeting, Councilmember Jerri Green added she requested Chief CJ Davis address the issue, but her request was removed from the agenda. Green said she didn’t want the issue to be talked about in a closed-door, executive session meeting.
“I am disappointed that those items were removed from the committee agenda. I don’t know by who or when, but it was not with my consent,” said Green.
According to the Tennessee Records Act, a police department can prevent public access to certain records if they’re relevant to a pending criminal case or contemplated criminal action.
“The body-worn camera footage is typically released once a criminal investigation or an administrative investigation is completed,” Chief Davis told the council.
Law Student’s Legal Fight
University of Memphis law student Tyler Foster said it’s important that the documents are released.
“Having access to these records is one of the few ways that members of the public can demand accountability and ensure transparency,” he said.
Last summer, he submitted an open records request for police disciplinary records.
“Given the killing, the brutal killing, of Tyre Nichols and the December 2024 U.S. Department of Justice report, a lot of the community organizations and people of Memphis I work with, that was something they found to be really important,” he said.
Foster said the records kept being delayed.
“It culminated in a response from the city’s chief legal officer that they would not work constructively to come to a resolution at all. Essentially, I could take the matter up with the courts,” he said.
So, he did. The city argued heavy backlogs.
Last year, officials said they filled and closed more than 3,600 requests. As of May 20th, they filled 1,629 requests this year.
Still, Foster said the judge ruled in his favor and entered a written order on April 10th.
Foster said he’s now back in court trying to compel MPD to release footage and records, including employment files, related to the No King’s Day protest.
“I have never asked for special treatment. All I ask is the city follows the law as it’s been enacted by the legislature,” Foster said in court earlier this month.
A hearing has been set for August.
What Happened in the Past
Calls for transparency aren’t new. It’s an issue MPD has grappled with over the years as WREG Investigators covered the many efforts they’ve made to build trust.
After George Floyd’s death, the former mayor’s administration launched a portal called Reimagine Memphis. They posted things like demographics of officers and the people they encounter, annual internal reports, and details of cases where an officer got in trouble for excessive or unnecessary force.
The portal was maintained and updated quarterly. Eighteen months ago, we noticed it stopped working.
We asked MPD multiple times where it went.
Thursday afternoon, they responded to our questions. They stated in part, “Regarding the Reimagine Memphis website, plans are underway to reestablish this site in alignment with the City’s Police Advisory and Review Committee (PARC), which serves as the civilian oversight body reviewing complaints and matters involving the Memphis Police Department.
MPD didn’t say when they would reestablish the site, but did provide more details regarding the PARC Ordinance:
(2)(A) This section preempts any existing law, ordinance, resolution, enactment, charter provision, or regulation by a local governing body concerning a police advisory and review committee, community oversight board, or other similar police oversight body, which as of January 1, 2023 does not conform with the requirements of this section; and
(6)(A) The committee shall compile a comprehensive report of its activities at least once a year, with the report to contain statistics and summaries of citizen complaints, including a comparison of the committee’s findings and conclusions with those of the internal affairs unit, along with the actions taken by the head of the law enforcement agency.
What now?
The DA says he believes the video should be made available for transparency, but there’s too much to review and redact at this time.
Our public records requests for footage and personnel files pertaining to the event are still being processed by the city.
MPD stated, “As it relates to video from the No Kings Rally, all video pertinent to the investigation has been released. The footage released publicly was Memphis Police Department footage. The internal investigation remains active at this time, and there is no definitive timeline for completion.“
Records Once Found on the Reimagine Policing Website
WREG Investigators requested some of the records that would have been published to the Reimagine Policing Website.
Below, you will find the excessive and unnecessary force complaints that were substantiated between July 1, 2024, and March 2026.
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