Department of Justice launches civil rights investigation into city of Memphis, police department

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 law, the U.S. Justice Department announced Thursday.

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 made the announcement, saying the investigation was not prompted by one incident, but by multiple reports of violence and racism by the police department.

“If there is reasonable cause to believe there is a pattern or practice of constitutional or statutory violations, we will issue a public report of our conclusions," Clarke said Thursday. "We will then aim to work cooperatively with the city and the police department to reach an agreement on remedies."

If no agreement can be reached, the DOJ can bring a civil lawsuit to seek injunctive relief.

Clarke said the DOJ has briefed Memphis Mayor Jim Strickland, Memphis Police Chief Cerelyn "C.J." Davis and Michael Fletcher, chief legal officer for the city. They have pledged their cooperation, Clarke said.

No single event prompted inquiry, DOJ says

The investigation will not focus on just one area of MPD, but the department as a whole. It will include scrutiny into whether MPD engages in pattern or practice of making unlawful stops, searches and arrests, whether MPD engages in a pattern or practice of using excessive force and whether MPD engages in racially discriminatory policing practices toward Black citizens.

The DOJ has received multiple reports of officers escalating interactions with the public resulting in excessive force, Clarke said, including using "force punitively when faced with behavior they perceive to be insolent."

Officers have also used force against people already restrained or in custody, Clarke said, sometimes resulting in "serious physical injuries."

“Other information indicates the Memphis Police Department may be using an approach to street enforcement that can result in violations of federal law, including racially discriminatory stops of Black people for minor violations," Clarke said. "Such encounters can be harmful and can also violate the law. Our review indicates that even in a majority Black city, MPD’s traffic enforcement may focus disproportionately on the Black community.”

The announcement comes more than six months after Memphis police officers tased, pepper sprayed and brutally beat 29-year-old Tyre Nichols, who died three days later.

The U.S. Department orf Justice later said it would conduct a review of MPD's specialized units requested by Strickland and Davis. The department would also create a guide for mayors and police chiefs across the country to follow, it said.

The Department of Justice, however, had not previously committed to a pattern-or-practice investigation of MPD, something requested by state Reps. G.A. Hardaway, D-Memphis, and Joe Towns, D-Memphis, as well as numerous community leaders.

Clarke said Thursday that the pattern or practice investigation does not stem from just one incident, although she spoke about Nichols' death, but also multiple reports of MPD escalating interactions with civilians.

The DOJ "will work expeditiously" and hopes to have findings to share soon, she said.

Ritz said the investigation is separate from the DOJ's criminal investigations and prosecutions. It is also separate from the technical assistance provided by the DOJ's Community Oriented Policing Services (COPS) office, which has been working with MPD regarding use of force and de-escalation since March.

City to be 'good partner' but mayor disappointed with discussions

Strickland said in a written statement that the city will be "a good partner in this new inquiry."

"However, I am disappointed that my request was not granted by the Department of Justice to discuss this step before a decision was made to move down this path," Strickland said. "I know they discussed the need for such an action with many other individuals. I hope the remainder of the process is more forthright and inclusive than it has been so far.”

The DOJ's new investigation will include meeting with MPD officers, participating in ride-alongs and holding community meetings.

Ritz stressed that government has a duty to protect citizens from both crime and civil rights violations.

“In the US Attorney’s Office and the Department of Justice, my colleagues and I uphold the rule of law, protect civil rights and keep Americans safe. That work is predicated upon a fundamental principle that there is only one rule of law. There cannot be one rule of law for the powerful and another for the powerless. There cannot be one rule of law for the rich and another for the poor and there cannot be one rule of law for people who look like me and another for people of color,” said Ritz, who is white.

In a written statement, Davis said MPD will "continue to fully cooperate" with the DOJ during the investigation.

"As we have said all along, all MPD officers are expected to act in accordance with their oath of office, their training, and department policies at all times. While the officers involved in the Tyre Nichols case demonstrated no regard for these tenets, I am appreciative of the MPD officers that continue to serve our city with integrity," Davis said. "As Chief of Police, I am committed to building and maintaining public trust with the citizens of Memphis that we took an oath to serve each and every day.”

Nichols' family has filed a $550 million lawsuit against the city of Memphis, Davis, five officers who are now facing criminal charges for Nichols' death, two additional officers and three Memphis Fire Department employees. Notable civil rights attorney Ben Crump, along with a litany of other attorneys, is representing the family.

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 charged in Nichols' death were members of the unit.

In an email statement, Crump said the family is "grateful" for the opening of the investigation, adding that he hopes this investigation will add transparency to the police department.

"The family of Tyre Nichols is grateful that the Department of Justice heard their cries for accountability and are opening this investigation," Crump said. "Actions such as this will continue to show that the federal government will not let corruption within police departments take the lives of innocent Americans. It is our hope that the investigation by the DOJ, under the leadership of Attorney General Garland and Assistant Attorney General Clarke, will provide a transparent account of the abuses of power we have seen and continue to see in Memphis."

Special report: MPD's SCORPION Unit was billed as a violent crime-fighting unit, but most of its cases were traffic violations and drug crimes

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at [email protected] and followed on Twitter @LucasFinton.

Katherine Burgess covers government and religion. She can be reached at [email protected] or followed on Twitter @kathsburgess.

This article originally appeared on Memphis Commercial Appeal: DOJ launches civil rights investigation into Memphis police, city