City’s attorney says Memphis won’t enter consent decree with DOJ over police reform
by: David Royer, April Thompson
MEMPHIS, Tenn. — The city’s chief legal officer says Memphis will not enter into a consent decree over police reform with the Department of Justice, until the city has had time to review the agency’s report.
The city’s response comes as the Justice Department announced the findings of a 17-month investigation into the patterns and practices of the Memphis Police Department that found violations of the U.S. Constitution and federal law.
The city’s response, sent by City Attorney Tannera George Gibson to the DOJ’s Civil Rights Division was sent Wednesday, following a request by DOJ for the city to enter an agreement.
“After evaluating the effects of these consent decrees in other cities, we believe there are better ways to reimagine policing that do not slow the process or cost the taxpayers millions of dollars,” the letter stated. “Until the City has had the opportunity to review, analyze, and challenge the specific allegations that support your forthcoming findings report, the City cannot—and will not—agree to work toward or enter into a consent decree that will likely be in place for years to come and will cost the residents of Memphis hundreds of millions of dollars.”
Federal officials announced a pattern and practice investigation into the Memphis Police Department and the city of Memphis on July 27, 2023. The investigation aimed to determine whether there is a pattern of constitutional or civil rights violations against citizens.
The Justice Department said the investigation began after allegations by citizens of excessive police force, force against people who are already restrained, and traffic enforcement that may be targeting Black drivers for minor citations.
The government stepped in after now-former Memphis officers were caught on video beating 29-year-old Tyre Nichols, who later died. Those officers faced state and federal charges and the city faces a $550 million lawsuit.
But Gibson says city officials believe the DOJ has rushed to judgement, saying the findings took 17 months to complete, versus two to three years in other instances.
In the meantime, she said the city supports MPD’s continuous improvement plan. The city hopes to work out an alternative plan with the feds.
The Justice Department investigation found MPD uses excessive force, conducts unlawful stops, searches and arrests, unlawfully discriminates against Black people when enforcing the law. DOJ said the City and MPD unlawfully discriminate in their response to people with behavioral health disabilities.
The Justice Department also identified serious concerns about MPD’s treatment of children, and identified deficiencies in policy, training, supervision and accountability that contribute to MPD’s and the City’s unlawful conduct, DOJ said in a news release.