DOJ: Minneapolis, MPD "engage in pattern or practice of conduct that deprives people of their rights"

MINNEAPOLIS -- A two-year Department of Justice investigation sparked after the murder of George Floyd has found the City of Minneapolis and its police department have engaged in practices that deprive residents -- specifically Black and Native American residents -- of their rights.

According to the DOJ, the investigation determined four core findings: that the Minneapolis Police Department uses excessive force, including "unjustified deadly force," unlawfully discriminates against People of Color, deprives people of their First Amendment rights, and discriminates against people with behavioral health disabilities when responding to calls for assistance.

The DOJ is recommending a long list of changes, including improving use-of-force policies and enhancing force-related accountability mechanisms. 

The city and MPD have also committed to negotiating a legally-binding consent decree, under the oversight of an independent body with the goal of building community trust and complying with federal law.

"We are grateful to city and MPD leaders to their shared commitment to addressing these deep-seated challenges," U.S. Attorney General Merrick Garland said at Friday's press conference.

He also acknowledged the difficulties officers are facing -- including low morale and chronic understaffing -- but added that they need proper support from supervisors to achieve the highest of professional standards. 

The 89-page report outlines specific incidents and case studies that the DOJ conducted over the course of the investigation, with input from over 2,000 community members and police officers. Police misconduct, the investigation found, cost the city over $61 million between 2018 and 2022.

The DOJ says the city and MPD leadership have been forthcoming about the need for reform. They also thanked the community members and officers who shared their experiences with the investigation. 

"We could not have completed this investigation without your contributions," Garland said.

The Police Officers Federation of Minneapolis responded to the report, saying that it "condemns an entire agency . . . based on anecdotes that were presented with a lack of context."

The Minneapolis NAACP issued the following statement about Friday's announcement:

"The Minneapolis NAACP stands in solidarity with U.S. Attorney General Merrick Garland's announcement of the findings of their investigation. We are thankful for the results, but we are not, satisfied as this police culture/behavior has been ongoing before the death of George Floyd. It's beyond time for us to stop the systemic racism that has and is plaguing our black community, and communities of color. Again, we are thankful for the investigations of both the Minnesota Human Rights Department and the Department of Justice confirming what the black community has been saying, all along. Now, we want to see the evidence that this will end today! I'm not confident that the consent decree will provide the accountability that's needed to put an end to this kind of police culture/behavior. In addition, our priority is to break down the doors of all the systems that violate our, constitutional rights in the United States of America."

Investigation findings: Excessive force

The DOJ reviewed incident files from 19 police shootings and one in-custody death between January 2016 and August 2022, along with hundreds of incidents from January 2016 through September 2021. 

A "significant portion" of the police shootings were deemed to be unconstitutional, as officers "routinely" failed to provide warnings of the use of deadly force, the investigation found. 

It highlighted the case of Justine Ruszczyk Damond, who was shot and killed by then-officer Mohammed Noor while reporting a possible sexual assault in an alley, and a case in which an officer fired at a car with six people inside without providing any warning. The city settled for $20 million and $150,000 in those cases respectively. 

Police also used neck restraints, a "deadly tactic" frequently without warning, the report says. The practice was banned in June 2020, but officers have continued to use the maneuver, including on a protester.

The unreasonable use of force extends to Tasers, physical takedowns, and pepper spray, and is used against restrained and young people because of officers' failure to de-escalate situations. 

Unlawful discrimination against Black, Native American people

MPD's actions are disproportionately targeting Black and Native American residents of Minneapolis, who make up 18% and 1.3% of the city's population respectively, the report found.

The discrimination is especially apparent in traffic and pedestrian stops. MPD is estimated to stop Black people 6.5 times more than White people and Native American people at 7.9 times the rate of White people. During the stops, MPD officers have been more likely to use force against Black and Native American people, the investigation also says.

MPD frames traffic stops as a "top tactic" for recovering illegal guns, but the investigation found that only a small percentage of MPD's traffic stops resulted in recovered guns. In 2018 for example, MPD conducted 32,000 vehicle stops but only found 97 guns, meaning that 0.3% of stops resulted in gun recovery. 

A common thread throughout the report is the lack of proper data collection, especially in the wake of George Floyd's murder.

Racial data during traffic stops -- which officers are required to report per MPD policy -- dropped from 71% to 35% after May 25, 2020. The decline then continued throughout the next two years, the investigation says.

The MPD is accused of failing to address these racial disparities in a move that damaged community trust. While multiple reports have previously identified the racial disparities in traffic stops, "neither the City nor MPD has tasked anyone with regularly and systematically addressing MPD's enforcement data," the investigation found.

The department has also failed to address racist statements made by police, and has only done so after public outrage, like in the case of the 2019 racist Christmas tree in the Fourth Precinct.

Violation of First Amendment rights

The investigation analyzed body-worn camera videos from 22 different protests between 2016 and the present, which found that police regularly retaliate against protesters and journalists.

Officers also penalize people who question them during stops, and unlawfully interfere with people's right to observe and record police activity, the report says.

Officers were recorded pointing a 40mm projectile launcher at a 2021 protest, pepper spraying a journalist who held up their press credential, and physically grabbing a protester who yelled profanity at an officer.

Safeguarding speech, the report says, is essential so that "falsehoods may be exposed." The investigation highlights Darnella Frazier, who recorded the murder of George Floyd on her phone. The MPD's initial press release of the incident was titled "Man Dies After Medical Incident During Police Interaction."

Violation of Americans with Disabilities Act

While the city launched a mobile crisis response team with behavioral health specialists in December 2021, the report says that often, the calls continue to receive an unnecessary amount of police response. The treatment of people with behavioral health needs is starkly different from those who need medical assistance, the report found.

Roughly 10% of 911 calls between January 2016 and August 2022 were related to a behavioral health issue, but in the vast majority of cases MPD was the primary responder in the incident, the investigation says.

The report showed that law enforcement-led responses can cause trauma. And even though MPD officers have received crisis intervention training, materials include inaccurate medical information, the report says.

There are many causes that contribute to the violations beyond the poor data collection, the report alleges. MPD's accountability system is complicated and discourages complaints, and often ignores explicit misconduct allegations. Investigations into misconduct are severely delayed, as 92.2% of cases remained unresolved for at least 90 days.

Training is also insufficient, and officer wellness programs fail to sufficiently support officers, the investigation found.

The long list of remedial measures includes improving use-of-force policies, improve data collection, and expand behavioral health capacity.

"Change is non-negotiable, change can be painful, and obstacles can be great," Minneapolis Mayor Jacob Frey said at Friday's press conference. "We are not going to stop until every single person, in every single neighborhood and zip code feels safe interacting with police."

The department is currently operating under a state settlement agreement, following a similar investigation by the state. The MDHR agreement is separate from the DOJ's federal investigation. 

Minneapolis Police Chief Brian O'Hara, who has experience operating a department under a consent decree from his time in Newark, vowed transparency throughout the process. 

"Our goal is to move forward together and to ensure we provide the best possible policing measures for all in our community," he said.

Read the full report below:

In:
• Derek Chauvin
• Minneapolis Police Department
• Death of George Floyd
• Minneapolis Police