The U.S. Department of Justice is opening a civil rights investigation into the city of Memphis and the Memphis Police Department to determine whether there is a pattern or practice of conduct that violates the Constitution or federal civil rights laws.
The announcement Thursday from Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division and U.S. Attorney Kevin G. Ritz for the Western District of Tennessee comes more than six months after Memphis police officers tased, pepper-sprayed and brutally beat 29-year-old Tyre Nichols during a traffic stop. Nichols died three days later and federal investigators later launched a civil rights investigation into his death.
Clarke acknowledged Nichols’ death and the scrutiny it brought but said the investigation was not prompted by a single incident.
“We received multiple reports of officers escalating encounters with community members, resulting in excessive force,” she said. “There are also indications that officers may use force punitively when faced with behavior they perceive to be insolent.”
DOJ investigating unlawful stops, excessive force and racial discrimination
The Department of Justice previously said it would conduct a review of the department’s specialized units requested by Memphis Mayor Jim Strickland and Memphis Police Chief Cerelyn “C.J.” Davis and create a guide for mayors and police chiefs across the country to follow. But it stopped short of announcing a pattern or practice investigation until Thursday.
Clarke said a DOJ review found that even though Memphis is a majority Black city, the police department’s traffic enforcement “may focus disproportionately on the Black community.” Officers have also used force against people already restrained or in custody, Clarke said, sometimes resulting in “serious physical injuries.”
Clarke said the new investigation will focus on determining if the department engaged in a “pattern or practice” of unlawful stops, excessive force and racially discriminatory policing practices against the city’s Black residents. The investigation will focus on the department as a whole.
Clarke said the DOJ has briefed Strickland, Davis and Michael Fletcher, chief legal officer for the city, and they have pledged their cooperation.
She said the DOJ will issue a report and work with the city and police department if they find “reasonable cause to believe there is a pattern or practice of constitutional or statutory violations.” If no agreement can be reached, the DOJ can bring a civil lawsuit to seek injunctive relief.
Lawsuit, criminal case in Nichols death ongoing
Nichols’ family has filed a $550 million lawsuit against the city of Memphis, Davis, the five officers who are now facing criminal charges for Nichols’ death, two additional officers and three Memphis Fire Department employees.
The lawsuit alleges negligence by the city in hiring Davis, along with asserting Davis’ culpability in lax hiring processes, along with the development of the SCORPION Unit’s “oppression style of policing” and poor training. SCORPION stands for Street Crimes Operation to Return Peace In Our Neighborhoods. The five officers who have pleaded not guilty to murder and other charges were members of the unit.
The city, Davis and former Memphis Police Department Lt. Dewayne Smith filed a motion to have themselves dismissed from the suit earlier this month.
Shelby County Criminal Court Judge James Jones Jr. is nearing a ruling on whether he will allow a trove of city and county documents, video and audio to be released publicly amid the criminal prosecution of the five now-former Memphis police officers who have been charged with Nichols’ beating and death. Jones said last month he anticipates he will make a decision or hear further arguments by the next scheduled court appearance on Aug. 18.
