U.S. Justice report must lead to police reforms

A consent decree will ensure needed changes occur.

June 16, 2023 at 11:00PM
U.S. Attorney General Merrick Garland spoke about the Department of Justice investigation into the Minneapolis Police Department on Friday at a news conference. (Glen Stubbe, Star Tribune/The Minnesota Star Tribune)

Opinion editor's note: Editorials represent the opinions of the Star Tribune Editorial Board, which operates independently from the newsroom.

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The long-awaited Department of Justice investigation of the Minneapolis Police Department is complete, and the findings confirm what many have long believed: George Floyd's killing by a Minneapolis police officer in 2020 was no isolated incident. It was part of a sustained pattern of excessive, often indiscriminate use of force and unlawful discrimination against Black and Native American citizens, those with behavioral health disabilities and those engaged in free speech.

U.S. Attorney General Merrick Garland, who held a news conference in Minneapolis to underscore the gravity of the findings, did not mince words. "The patterns and practices of conduct the Justice Department observed during our investigation are deeply disturbing," he said in releasing the 92-page report. The findings reveal systemic issues and document constitutional violations and violations of federal law.

In compiling the report, hundreds of hours of body camera footage showed that "a significant portion were unconstitutional uses of deadly force," according to Associate U.S. Attorney General Vanita Gupta.

A review of 19 shootings between 2016 and 2022 showed uses of deadly force without probable cause as well as cases in which neck restraints were used on those who posed no threat, the use of Tasers without assessing an individual's condition, and unconstitutional use of physical force and pepper spray against those who committed minor offenses or no offenses at all.

The DOJ report documented serious First Amendment violations, problematic training, poor review and an accountability system that was "fundamentally flawed." The system, it said, "consistently fails at its core purpose: to find, address, and prevent officer misconduct," describing it as an "opaque maze with multiple dead ends," where even meritorious complaints can be dismissed without investigation or reason.

It all adds up to an unconscionable mess that has jeopardized the city amid rising crime rates, with trust in law enforcement plummeting even further. This damning report should get the full focus of city leaders, police officials, community organizations and residents. We have known for years that the failed, toxic culture at the Minneapolis Police Department must be dismantled. Halfhearted measures will no longer do.

Yes, progress can be slow, and some changes for the better have been made. But there must be no more excuses. This city needs results and should settle for no less.

In a meeting with the Star Tribune Editorial Board days before the report's release, Minneapolis Police Chief Brian O'Hara, who started in November, told the board that he has not waited on the report to make improvements. Chokeholds and neck restraints are no longer allowed. O'Hara also banned using "the hobble," which restrains ankles and hands — a practice he called "disgusting."

O'Hara spent five years as chief at the Newark (N.J.) Police Department, guiding it through a federal consent decree. That should give him the experience, clarity and seriousness of intent to begin implementing the dozens of changes recommended by the DOJ report.

The city now enters negotiations with Justice on a consent decree that will subject its actions to review by an independent monitor. It also must contend with a separate court agreement reached with the state Human Rights Department earlier this year that documents MPD abuses and violations of state laws.

Once authorized for more than 900 officers, the sworn force has withered to 581 — far below what is needed to ensure public safety. It must be said that many good officers remain at the MPD, laboring daily to protect the public lawfully, doing their duty with diligence and courage. Garland addressed them in his remarks, saying, "Your profession is essential. The work you do on a daily basis is extremely difficult and often very dangerous. Your responsibilities are enormous and could not be more important."

To succeed, he said, "your Police Department must provide you with clear policies and consistent training." The agreement, he said, "is an important step forward toward providing you with the support and resources you need to do your jobs effectively and lawfully."

In the final measure, the federal and state reports reveal a deeply dysfunctional structure that goes back decades and never should have been allowed to develop. It will be up to us all to ensure it ends here.

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