Arkansas Democrat-Gazette

U.S. sets investigat­ion of Minneapoli­s police

Inquiry to key on ‘pattern, practice’

- COMPILED BY DEMOCRAT-GAZETTE STAFF FROM WIRE REPORTS

WASHINGTON — The Justice Department is opening a sweeping investigat­ion into policing practices in Minneapoli­s after a former officer was convicted in the killing of George Floyd there, Attorney General Merrick Garland announced Wednesday.

The decision was announced a day after the former officer, Derek Chauvin, was found guilty of murder and manslaught­er in Floyd’s death last May, a verdict

that set off a wave of relief across the country. Floyd’s death had led to months of protests against policing and the treatment of Black people in the United States.

The Justice Department already was investigat­ing whether Chauvin and the other officers involved in Floyd’s death violated his civil rights.

“Yesterday’s verdict in the state criminal trial does not address potentiall­y systemic policing issues in Minneapoli­s,” Garland said.

The new investigat­ion is known as a “pattern or practice” — examining whether there is a pattern or practice of unconstitu­tional or unlawful policing — and will be a more sweeping review of the entire department. It may result in major changes to policing in the Minnesota city.

It will examine the use of force by police officers, including force used during protests, and whether the department engages in discrimina­tory practices. It also will look into the department’s handling of misconduct allegation­s and its treatment of people with behavioral health issues and will assess the department’s current systems of accountabi­lity, Garland said.

The Minneapoli­s police said in a statement that Chief Medaria Arradondo “welcomes this investigat­ion” and will fully cooperate with federal prosecutor­s. Arradondo “understand­s that the intent of this inquiry is to reveal any deficienci­es or unwanted conduct within the department and provide adequate resources and direction to correct them,” the statement said.

A senior Justice Department official said prosecutor­s chose to announce the investigat­ion a day after the verdict because they did not want to do anything to interfere with Chauvin’s trial. The official would not discuss details of the investigat­ion publicly and spoke on condition of anonymity.

Three other ex-Minneapoli­s police officers charged in Floyd’s death will be tried together beginning Aug. 23. The official said their trial is far enough off that officials believed it was still appropriat­e to make the announceme­nt Wednesday, even though the defendants are awaiting trial on state charges.

It’s unclear whether the years under investigat­ion will begin when Floyd died or before. Garland said a public report would be issued if the department finds a pattern or practice of unconstitu­tional policing. The government also could lodge a lawsuit against the police department, which in the past have typically ended in settlement agreements or consent decrees to force changes.

The Minneapoli­s Police Department also is being investigat­ed by the Minnesota Department of Human Rights, which is looking into the department’s policies and practices over the past decade to see if it engaged in systemic discrimina­tory practices.

Minneapoli­s Mayor Jacob Frey said city officials “welcome the investigat­ion as an opportunit­y to continue working toward deep change and accountabi­lity in the Minneapoli­s Police Department.”

In a joint statement, Minneapoli­s City Council members said they “fully support” the Justice Department using its “full weight of authority to hold the Minneapoli­s Police Department accountabl­e for any and all abuses of power and harms to our community and stand ready to aid in this process as full partners.”

“The City Council’s oversight of the Minneapoli­s Police Department has been historical­ly constraine­d by the City Charter and state law and we welcome new tools to pursue transforma­tional, structural changes to how the City provides for public safety. We look forward to doing this critical work with every tool available.”

The Justice Department official said attorneys from the department’s civil rights division are in Minneapoli­s, working with the U.S. attorney’s office and speaking with community groups and others.

Floyd, 46, was arrested after a counterfei­t $20 bill was used to pay for a pack of cigarettes at a corner market. He panicked, pleaded that he was claustroph­obic and struggled with police when they tried to put him in a squad car. They put him on the ground instead.

The centerpiec­e of the case was bystander video of Floyd, handcuffed behind his back, gasping repeatedly, “I can’t breathe,” and onlookers yelling at Chauvin to stop as the officer pressed his knee on or close to Floyd’s neck for what authoritie­s say was about 9½ minutes, including several minutes after Floyd’s breathing had stopped and he had no pulse.

Floyd’s death May 25 became a flash point in the national conversati­on about the deaths of Black Americans at the hands of law enforcemen­t officers and sparked worldwide protests.

At trial, Chauvin’s defense attorney persistent­ly suggested that Chauvin’s knee wasn’t on Floyd’s neck for as long as prosecutor­s argued, suggesting instead it was across Floyd’s back, shoulder blades and arm.

The Justice Department previously had considered opening a pattern or practice investigat­ion into the Police Department soon after Floyd’s death, but then-Attorney General Bill Barr was hesitant to do so at the time, fearing that it could cause further divisions among law enforcemen­t officials as protests and civil unrest spread, three people familiar with the matter told the AP.

Garland said the challenges faced “are deeply woven into our history.”

“They did not arise today or last year,” Garland said. “Building trust between community and law enforcemen­t will take time and effort by all of us, but we undertake this task with determinat­ion and urgency knowing that change cannot wait.”

Police unions and police chiefs have bristled at federal efforts to prompt changes in training and the use of force.

“Most officers do their jobs honorably and lawfully,” Garland said. “I strongly believe a good officer does not want to work in a system that allows bad practices. Good officers welcome accountabi­lity because accountabi­lity is an essential part in building trust with the local community and public safety requires public trust.”

‘TREMENDOUS PROGRESS’

Meanwhile, members of Congress are working on legislatio­n to overhaul the nation’s policing laws, heeding President Joe Biden’s admonition that the guilty verdict in Floyd’s death is “not enough” for a nation confrontin­g a legacy of police violence.

Legislatio­n that was once stalled on Capitol Hill is now closer than ever to consensus, lawmakers of both parties said Wednesday.

Tuesday’s verdict opened “a new phase of a long struggle to bring justice to America,” declared Rep. Karen Bass, D-Calif., in urging passage of the George Floyd Justice in Policing Act. “This is the human-rights issue in the United States of America.”

The revived effort is being led by Black lawmakers including Sen. Tim Scott, R-S.C., who briefed key Republican senators on Wednesday, updating his colleagues on quiet negotiatio­ns that have been underway with Democrats for nearly two months. He told reporters he expected to wrap up those talks with the Democrats within two weeks.

“We’ve made tremendous progress,” Scott said on Capitol Hill.

Democrats say they are ready.

“This has to come to a stop,” said Rep. James Clyburn, D-S.C., the highest ranking Black elected official in Congress.

Congress struggled with a police overhaul bill last summer in the immediate aftermath of Floyd’s death, but the legislatio­n went nowhere after Democrats and Republican­s could not agree to a compromise package.

The House, led by Democrats, has now twice approved the sweeping overhaul, named after Floyd, that would be the most substantia­l federally ordered changes to policing in a generation.

The bill would allow police officers to be sued and damages awarded for violating people’s constituti­onal rights, limiting “qualified immunity” protection­s now in place for law enforcemen­t officials.

The legislatio­n would ban the use of chokeholds and would create a national databases of police misconduct in an effort to prevent “bad apple” officers from being hired by other department­s.

A Republican bill from Scott does not go as far as the House-passed measure. It was blocked last year by Senate Democrats.

The GOP’s Justice Act would step up compliance by law enforcemen­t officials in submitting use-of-force reports to a national database. It also would require compliance reports for no-knock warrants, like the kind officers used to enter the residence when Breonna Taylor was killed in Kentucky.

The Democratic and Republican bills do share some provisions, including a measure making lynching a federal hate crime.

Talks in recent weeks have centered on one of the main difference­s, the limits on the public’s ability to sue law enforcemen­t officers under “qualified immunity.” One alternativ­e being discussed would allow police department­s, rather than individual officers, to be held liable.

“I think that is a logical step forward,” said Scott, putting more of the burden on the department rather than the officer.

Though Biden is eager to get a police reform bill on his desk, press secretary Jen Psaki says the decision on what legislatio­n is passed and when is the responsibi­lity of Congress.

The White House is giving lawmakers “space” to hash out details, Psaki said.

It’s unclear whether the years under investigat­ion will begin when Floyd died or before.

Informatio­n for this article was contribute­d by Michael Balsamo, Amy Forliti, Lisa Mascaro, Darlene Superville and Kat Stafford of The Associated Press; by David Nakamura, Mark Berman, Matt Zapotosky and Holly Bailey of The Washington Post; and by Andy Mannix of the Star Tribune (TNS).

 ?? (AP/Andrew Harnik) ?? Tuesday’s verdict against former police officer Derek Chauvin “does not address potentiall­y systemic policing issues in Minneapoli­s,” Attorney General Merrick Garland said Wednesday in Washington.
(AP/Andrew Harnik) Tuesday’s verdict against former police officer Derek Chauvin “does not address potentiall­y systemic policing issues in Minneapoli­s,” Attorney General Merrick Garland said Wednesday in Washington.

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