Kentucky

DOJ launches investigation into Louisville police department’s use of force, warrants

The Department of Justice is launching an investigation into the practices of the Louisville Metro Police Department, U.S. Attorney General Merrick Garland announced Monday afternoon.

The civil investigation is intended to determine if Louisville police participate in a “pattern or practice of violations of the Constitution or federal law,” Garland said in an announcement Monday.

The investigation will look into Louisville police officers’ use of force, including the use of force against peaceful protesters. The investigation will also assess traffic stops and the department’s execution of search warrants on private homes, Garland said.

The probe into Louisville police practices comes more than 13 months after officers with the department shot and killed Breonna Taylor inside her own apartment during the botched execution of a search warrant. The shooting at Taylor’s apartment led to charges of wanton endangerment for Detective Brett Hankison, who fired shots into neighboring apartments.

No one was ever charged directly for Taylor’s death.

The shooting led to frequent protests calling for greater police accountability in Louisville and nationally. Louisville police faced criticism over the shooting, but also over how they handled the subsequent demonstrations.

A Louisville officer was seen on video repeatedly punching a protester during an arrest just over a week ago. A woman also sued the police department last year after she was allegedly shot in the face with a rubber bullet. She suffered a large wound just above her eye and had trouble seeing properly for days afterward, according to the lawsuit.

Louisville officers urged to be ‘engaged’ in investigation

Louisville Mayor Greg Fischer and Police Chief Erika Shields were briefed about the investigation prior to Garland’s announcement, and said at a press conference later that they welcomed the review.

“My job is to represent all of the people of Louisville,” Fischer said. “Not to protect the police department, not to protect any specific interest group. It’s to make sure that justice is present throughout the entire community. If that means welcoming audits, welcoming the DOJ, and they help us in that ultimate goal, that’s a good thing for the community.”

Fischer added that he would “regret it” if there were violations, “but the worst thing in the world would be to look the other way and deny that it happened.”

Shields said she wasn’t “entirely surprised” by the Justice Department’s investigation.

“I think that, as someone who truly believes in police reform and doing things differently ... I think it’s a good thing,” Shields said. “I think that it’s necessary because police reform, quite honestly, is needed in nearly every agency across the country.”

Shields added that she would like for Louisville police to be a “flagship” department for police reform as a result of this investigation. She wanted her officers and employees to participate fully.

“It is imperative that you, as officers, engage in this process,” she said. “It’s OK if we’ve done things wrong. We’re going to do it differently, we’re going to do it better.”

Shields was hired as chief of the Louisville Metro Police Department in January, after Taylor’s death and months of protests which followed.

Shields and Fischer both said they welcomed the review as a chance to improve the department. They also both said they believe Louisville’s police officers have very difficult jobs.

“Good officers will welcome this announcement and see it as an exciting time to be part of reform and transformation,” Fischer said.

What happens if issues are found in Louisville policing

Garland said the Department of Justice will release a public report if there’s a pattern or practice of legal violations in Louisville’s policing. The Department of Justice will work with the city and the police department to correct those issues.

“We recognize the complex issues that make their already difficult jobs even harder,” Garland said. But he said developing measures to increase transparency and accountability were also vital to increasing community trust in the police.

Fischer held a press conference following Garland’s announcement Monday in which he highlighted police reforms the city had already committed to making.

The police department committed to some criminal justice reforms previously when it reached a $12 million settlement with Taylor’s family. The reforms were part of the settlement.

The LMPD reform plans included requiring a commander to review and approve search warrants before they are sent forward to a judge, Fischer said at he time the settlement was announced.

Additionally, the unit’s commanding officer will act as an incident commander when warrants are executed, with a secondary commander at each location if multiple warrants are being executed at once. The changes also call for paramedics or EMS workers to be on scene if a forced-entry warrant is being executed.

Other changes included the addition of social workers to the police department to respond to some calls, incentives for police officers to live in the communities they serve, additional protocols for monetary seizures by police and increased random drug testing within the police department.

Fischer also announced that an early warning system monitoring use of force by officers will be implemented to identify those in need of more training and that changes will be made in how ongoing investigations of officers are handled when an officer leaves before the investigation is complete.

“We commend those measures,” Garland said Monday of the reforms Louisville had already committed to making.

Fischer admitted Monday that he knows the city hasn’t finished its work on police reform.

“We know we have much more work to do,” Fischer said. “That is why I strongly welcome the announcement made by Attorney General Merrick Garland earlier today.”

On Monday, Fischer said it was “imperative” that federal officials step in to investigate if a local police department is facing questions and concerns like the Louisville police department.

Louisville police not the first to be investigated by Garland

This “pattern or practice” investigation is the second of its type Garland has launched since becoming the U.S. attorney general. The first one was announced last week and involved the Minneapolis Police Department. The investigation was announced after former officer Derek Chauvin was convicted of murder for kneeling on George Floyd’s neck, ultimately killing him.

The investigation into Minneapolis police will assess all types of force used by officers, including uses of force involving individuals with disabilities and uses of force against people who are peacefully protesting, the Justice Department said. The investigation will also assess whether Minneapolis police engage in discriminatory policing.

The Justice Department is expected to comprehensively review Minneapolis policing policies, training and supervision. The investigators will also examine the department’s systems of accountability, including complaint intake, investigation, review, disposition and discipline.

This story was originally published April 26, 2021 at 1:53 PM.

Jeremy Chisenhall
Lexington Herald-Leader
Jeremy Chisenhall covers criminal justice and breaking news for the Lexington Herald-Leader and Kentucky.com. He joined the paper in 2020, and is originally from Erlanger, Ky.
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