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Seeing vindication in DOJ report, community calls for transparency in reform work ahead

March 8th, 2023|

Vindication and validation.To many community members, the findings detailed in the U.S. Department of Justice report on the Louisville Police Department were confirmation of what they’ve long known to be true.“It is what we said it was and worse,” said Sadiqa Reynolds, former president and CEO of the Louisville Urban League. “There is a pattern and practice of unlawful behavior, and it has been reinforced by a pattern and practice of silence, often due to the fear of retaliation. We must get it right. Our very lives depend on it.”The 90-page report from the U.S. Department of Justice’s Civil Rights Division released Wednesday outlined multiple critiques of the police department, finding it discriminates against Black residents.“Locally, what people have been saying for years has now been elevated on a national stage,” said Pastor Tim Findley Jr., who leads Kingdom Fellowship Christian Life Center.He was gripped by the report’s specific language around the treatment of Black citizens.“Black people were targeted and terrorized,” he said. “And that is a huge, huge reality that leadership, that the (Fraternal Order of Police) must deal with, that Black people have been terrorized in Louisville for a very long time.”Louisville attorney Ted Shouse, who represented several individuals charged while protesting the police killing of 2020 Breonna Taylor, noted the movement’s role in bringing about the federal investigation."In one word, this report is, in fact, vindication," he said. "It is only through the recognition of these facts that we can hope to have any path forward."Louisville protests and criminal chargesWhy charges will not be dropped against hundreds of Breonna Taylor protesters in KentuckyChris Will, a lead protester in the Louisville social justice protests of 2020, said while the report called out the police department for violating constitutional rights of Black citizens, he wished there were more direct repercussions for officer conduct during the protests.“Something I know is not going to happen is a complete (overhaul) of this whole thing,” he said. “Greenberg is going to have to be like King Arthur with Excalibur to solve all of this … if he’s not going to fix it, if he’s not going to stand up to LMPD and the (police union) and do something, then he’s got to go, too … We just want to see results. That’s it.”Calls for transparencyInclusion of the community and transparency in the work ahead emerged as a key point for many as the city tackles the 36 recommendations detailed in the report.The 490 Project, an activist group against police violence, reiterated its calls for transparency in upcoming collective bargaining agreement negotiations between the police union and the city as a meaningful first step toward change.“Community involvement in any agreement involving the FOP, whether it be a consent decree or the CBA process, requires community input to be transparent and bring real, needed change to Louisville,” the organization said in a statement.More on negotiations:Louisville police contract negotiations won't be made public. Why some want to change thatThe River City Fraternal Order of Police Lodge 614 did not immediately issue a response Wednesday afternoon to the federal findings but planned on doing so later in the day.The Louisville branch of the NAACP implored city leadership, the Metro Council and the police department to ensure transparency in the next steps toward reform.It called for detailed and regular reporting on improvements, public police contract negotiations and strengthening oversight powers of the city’s new Inspector General.Others expressed doubt that the institution of policing could be fixed.Hannah Drake, Louisville writer and activist, said reform is only as good as the people executing it.“So, here’s my question that I really want to know … how many of those same officers are still employed at LMPD? What changes?” she said. "You’re working with the same ingredients. You’re going to bake the same cake."Councilman Jecorey Arthur, D-4th, said the findings “should be no surprise to Metro Council” but hopes it will push the body to act, though he called the institution of policing “a failed project.”The path to enacting changeChanging pattern and practice speaks to cultural overhaul, said state Senate Minority Leader Gerald Neal, of Louisville. The self-described optimist said while this is a tall task, he sees real opportunity for lasting change.“The community needs the police, and the police need the community,” Neal said. “And the situation that’s here that has existed historically cannot be tolerated a day longer. So, it’s going to take everybody of good will and responsibility to carry this out without favor.”Louisville Metro Council members expressed a commitment to supporting reform work.Metro Council President Markus Winkler, D-17th, said the report hit on challenges with oversight and leadership that the council has voiced in recent years.“I think it's critically important that we put these practices in place and make sure that we are policing constitutionally and fairly for citizens across our community,” Winkler said.Key takeaways:What to know about the 7 DOJ findings in Louisville police investigationHe noted Metro Council’s oversight role of the executive branch of local government, as well as its power to fund possible initiatives that come out of the consent decree process.Minority caucus chair, Councilman Anthony Piagentini, D-19th, said the caucus believes the city is moving in the right direction, and the council is focused on improving training, policies and support for the police department.“We must simultaneously ensure full compliance with the Constitution and all state and federal laws while reducing homicides and violent crime,” he said in a statement.Minutes after federal authorities stood in the Mayor’s Gallery downtown and unveiled their findings Wednesday, Mayor Craig Greenberg said he was committed to enacting reforms.  “This report paints a painful picture of LMPD’s past,” he said. “But it helps point us in the right direction for our future and to the next phase in the process of police reform in Louisville.”

What to know about the 7 DOJ findings in Louisville police investigation

March 8th, 2023|

The U.S. Department of Justice revealed its investigative report into the Louisville Police Department Wednesday, which found reasonable cause to believe city government and the department "engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law."What are the main seven findings of the DOJ report into Louisville police?LMPD uses excessive force, including unjustified neck restraints and the unreasonable use of police dogs and tasers.LMPD conducts searches based on invalid warrants.LMPD unlawfully executes search warrants without knocking and announcing.LMPD unlawfully stops, searches, detains, and arrests people during street enforcement activities, including traffic and pedestrian stops.LMPD unlawfully discriminates against Black people in its enforcement activities.LMPD violates the rights of people engaged in protected speech critical of policing.Louisville Metro and LMPD discriminate against people with behavioral health disabilities when responding to them in crisisHere are more details from those seven findings:'LMPD uses excessive force, including unjustified neck restraints and the unreasonable use of police dogs and tasers'The DOJ found LMPD officers use "excessive force in violation of the Fourth Amendment" and "routinely use force disproportionate to the threat or resistance posed."The report also found a lack of clear policy or property oversight in cases of excessive force, as "in the majority of the problematic incidents we evaluated, supervisors reviewed the conduct at issue but failed to identify the misconduct."Specific incidents in the report included dangerous neck restraints, police dogs against people who pose nothreat, with dogs continuing to bite people after they surrender.More:DOJ's report into Louisville police: How people are responding on social mediaThe report also details "unreasonable and unsafe" use of tasers, the use of "takedowns, strikes, and other bodily force in ways that are unnecessary and unlawful" and "escalating behavior that startles, confuses, or angers theindividuals they encounter."'LMPD conducts searches based on invalid warrants'The report found that LMPD "engages in a pattern or practice of seeking search warrants in ways that deprive individuals of their rights under the Fourth Amendment."It added that "a significant number" of the department's search warrant applications "fail to satisfy theconstitutional requirement of being supported by 'probable cause.'"The report detailed specific examples of how these applications "frequently lack the specificity and detail necessary to establish probable cause for the search, are typically overly broad in scope, and fail to establish probable cause for searching everything and everyone listed in the warrant."'LMPD unlawfully executes search warrants without knocking and announcing'The report found that when executing search warrants on private homes, LMPD officers "regularly fail to knock and announce their presence," adding "these unlawful practices endanger both officers and members of the public."A review of warrants executed on residences from 2016 through 2021 found LMPD rarely (only 2.5% of the time) requested judicial authorization to execute a warrant without knocking and announcing, but they "still entered homes without knocking and announcing in more than half of the warrant executions we reviewed."The report found those unlawful warrant executions "are the result of poor planning, supervision, andoversight," with the "routine failure to hold officers accountable for failing to complete risk matricesputs officers and the public in needlessly dangerous situations."More:What they said: Notable quotes on Louisville police investigation'LMPD unlawfully stops, searches, detains, and arrests people during street enforcement activities, including traffic and pedestrian stops'The DOJ found LMPD officers "unlawfully stop, frisk, detain, search, and arrest people during street enforcement activities, such as traffic and pedestrian stops," with these "intrusive encounters" violating the rights of people throughout the city.Documenting different incidents of "unlawful street encounters," the report added that they "are more than mere inconveniences — they can be invasive and humiliating" and "undermine public safety by poisoning the relationship between the police and community."Related:Louisville police promised reforms on traffic stops. Is profiling still happening?'LMPD unlawfully discriminates against Black people in its enforcement activities'The DOJ found reasonable cause to believe LMPD "engages in racial discrimination in violation of Title VI of the Civil Rights Act of 1964 and the Safe Streets Act," as Black people "disproportionately experience" the conduct criticized throughout the report.This includes officers disproportionately stopping Black drivers for minor traffic offenses and conducting searches, as well as prolonged detentions and arrests for marijuana possession and other minor misdemeanors.The report noted one case where an officer described a Black teenager as a “wild animal that needs to be put down.""In sum, LMPD’s inadequate and dismissive response to racial bias signals that discrimination is tolerated," stated the report. "LMPD’s tolerance of explicit racial bias within its ranks is further evidence of unlawful discrimination."'LMPD violates the rights of people engaged in protected speech critical of policing'The report found LMPD "often responds aggressively to police-related speech, including by taking actions that could deter a person from criticizing police or assembling in a group to do so."While protests about policing can "pose unique challenges for law enforcement," the report adds that "these factors do not make police protests so inherently violent, lawless, or dangerous as to be entitled less First Amendment protection."'Louisville Metro and LMPD discriminate against people with behavioral health disabilities when responding to them in crisis'The report found LMPD violates the Americans with Disabilities Act by their responses to people with behavioral health disabilities."LMPD fails to reasonably accommodate individuals with behavioral health disabilities during encounters, leading to needless escalation, use of force, avoidable arrest, and serious injury," the report stated. "This discrimination can be avoided through expansion of current Louisville Metro programs, and reasonable modifications of LMPD’s and MetroSafe’s policies and practices."Reach reporter Joe Sonka at [email protected] and follow him on Twitter at @joesonka.

Live updates: Louisville police has pattern of violating constitutional rights, DOJ finds

March 8th, 2023|

The U.S. Department of Justice announced the findings of a sweeping investigation of Louisville Metro and Louisville's police department Wednesday, the result of a nearly two-year probe following the killing of Breonna Taylor.The investigation, announced in April 2021 after nearly a year of protests over Taylor's killing at the hands of LMPD officers, aimed to assess "all types of force" used by local police, including potential violations of the First Amendment, whether the department engages in discriminatory policing and whether it worked in violation of the Fourth Amendment, which protects against unreasonable searches and seizures.Here is the latest on the report and reactions to the findings:READ THE REPORT:US Department of Justice release on Louisville police violations and recommended reform'The time for terrorizing the Black community with no repercussions is over.'Reactions to the DOJ report are coming from all over including officials, community leaders and the family of Breonna Taylor.We collected some key moments and quotes from the Wednesday press conference and from community members about the findings.More:'The time for terrorizing the Black community with no repercussions is over.' Reactions to LMPD investigationThe findings of the Department of Justice's investigationAt the press conference, Garland said the U.S. Department of Justice and the city of Louisville had agreed to negotiate a consent decree to establish a reform.The report laid out violations that had been found in the department during the 2020 protests and during unrelated events, including traffic stops that disproportionately targeted Black residents to training sessions that exhibited racial bias.Here's a more thorough look at what was included in the report.Updates from Wednesday's press conference

US DOJ’s report on Louisville police: Read the violations and recommended reform

March 8th, 2023|

Nearly two years after announcing plans to investigate Louisville Metro and LMPD in the aftermath of the killing of Breonna Taylor, the U.S. Department of Justice released its scathing report Wednesday.The report is 90 pages long, with a lengthy list of reported violations. U.S. Attorney General Merrick Garland was set to discuss the release at a press conference Wednesday in downtown Louisville.The report includes 36 recommended remedial measures as well, closing by noting the department "has reasonable cause to believe that Louisville Metro and LMPD engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law. Louisville Metro’s and LMPD’s unlawful practices harm community members and undermine public safety.""We look forward to working with city and police leaders, officers, and the broader Louisville community to stop the unlawful practices, build trust, and ensure that Louisville Metro and LMPD serve and protect the people of Louisville," it concludes.Check out the full report here.View in new tab

What to know about the 7 Department of Justice findings in Louisville police investigation

March 8th, 2023|

The U.S. Department of Justice revealed its investigative report into the Louisville Metro Police Department Wednesday, which found reasonable cause to believe city government and the department "engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law."What are the main seven findings of the DOJ report into Louisville police?LMPD uses excessive force, including unjustified neck restraints and the unreasonable use of police dogs and tasers.LMPD conducts searches based on invalid warrants.LMPD unlawfully executes search warrants without knocking and announcing.LMPD unlawfully stops, searches, detains, and arrests people during street enforcement activities, including traffic and pedestrian stops.LMPD unlawfully discriminates against Black people in its enforcement activities.LMPD violates the rights of people engaged in protected speech critical of policing.Louisville Metro and LMPD discriminate against people with behavioral health disabilities when responding to them in crisisHere are more details from those seven findings:'LMPD uses excessive force, including unjustified neck restraints and the unreasonable use of police dogs and tasers'The DOJ found that LMPD officers use "excessive force in violation of the Fourth Amendment" and "routinely use force disproportionate to the threat or resistance posed."The report also found a lack of clear policy or property oversight in cases of excessive force, as "in the majority of the problematic incidents we evaluated, supervisors reviewed the conduct at issue but failed to identify the misconduct."Specific incidents in the report included dangerous neck restraints, police dogs against people who pose nothreat, with dogs continuing to bite people after they surrender.More:DOJ's report into Louisville police: How people are responding on social mediaThe report also details "unreasonable and unsafe" use of tasers, the use of "takedowns, strikes, and other bodily force in ways that are unnecessary and unlawful" and "escalating behavior that startles, confuses, or angers theindividuals they encounter."'LMPD conducts searches based on invalid warrants'The report found that LMPS "engages in a pattern or practice of seeking search warrants in ways that deprive individuals of their rights under the Fourth Amendment."It added that "a significant number" of the department's search warrant applications "fail to satisfy theconstitutional requirement of being supported by 'probable cause.'"The report detailed specific examples of how these applications "frequently lack the specificity and detail necessary to establish probable cause for the search, are typically overly broad in scope, and fail to establish probable cause for searching everything and everyone listed in the warrant."'LMPD unlawfully executes search warrants without knocking and announcing'The report found that when executing search warrants on private homes, LMPD officers "regularly fail to knock and announce their presence," adding that "these unlawful practices endanger both officers and members of the public."A review of warrants executed on residences from 2016 through 2021 found that LMPD rarely (only 2.5% of the time) requested judicial authorization to execute a warrant without knocking and announcing, but they "still entered homes without knocking and announcing in more than half of the warrant executions we reviewed."The report found that unlawful warrant executions "are the result of poor planning, supervision, andoversight," with the "routine failure to hold officers accountable for failing to complete risk matricesputs officers and the public in needlessly dangerous situations."More:What they said: Notable quotes on Louisville police investigation'LMPD unlawfully stops, searches, detains, and arrests people during street enforcement activities, including traffic and pedestrian stops'The DOJ found that LMPD officers "unlawfully stop, frisk, detain, search, and arrest people during street enforcement activities, such as traffic and pedestrian stops," with these "intrusive encounters" violating the rights of people throughout the city.Documenting different incidents of "unlawful street encounters," the report added that they "are more than mere inconveniences — they can be invasive and humiliating" and "undermine public safety by poisoning the relationship between the police and community."Related:Louisville police promised reforms on traffic stops. Is profiling still happening?'LMPD unlawfully discriminates against Black people in its enforcement activities'The DOJ found reasonable cause to believe LMPD "engages in racial discrimination in violation of Title VI of the Civil Rights Act of 1964 and the Safe Streets Act," as Black people "disproportionately experience" the conduct criticized throughout the report.This includes officers disproportionately stopping Black drivers for minor traffic offenses and conducting searches, as well as prolonged detentions and arrests for marijuana possession and other minor misdemeanors.The report noted one case where an officer described a Black teenager as a “wild animal that needs to be put down.""In sum, LMPD’s inadequate and dismissive response to racial bias signals that discrimination is tolerated," stated the report. "LMPD’s tolerance of explicit racial bias within its ranks is further evidence of unlawful discrimination."'LMPD violates the rights of people engaged in protected speech critical of policing'The report found that LMPD "often responds aggressively to police-related speech, including by taking actions that could deter a person from criticizing police or assembling in a group to do so."While protests about policing can "pose unique challenges for law enforcement," the report adds that "these factors do not make police protests so inherently violent, lawless, or dangerous as to be entitled less First Amendment protection."'Louisville Metro and LMPD discriminate against people with behavioral health disabilities when responding to them in crisis'The report found LMPD violates the Americans with Disabilities Act by their responses to people with behavioral health disabilities."LMPD fails to reasonably accommodate individuals with behavioral health disabilities during encounters, leading to needless escalation, use of force, avoidable arrest, and serious injury," the report stated. "This discrimination can be avoided through expansion of current Louisville Metro programs, and reasonable modifications of LMPD’s and MetroSafe’s policies and practices."Reach reporter Joe Sonka at [email protected] and follow him on Twitter at @joesonka.

‘The time for terrorizing the Black community with no repercussions is over.’ Reactions to LMPD investigation

March 8th, 2023|

U.S. Attorney General Merrick Garland spoke Wednesday alongside several officials from Louisville and the Department of Justice to reveal findings from a nearly two-year investigation into the city's government and police department.The 90-page report details issues and violations the department found in its review of Louisville Metro Police, along with recommendations for moving forward.Live updates:Findings of federal investigation into LMPD after Breonna Taylor's killingMore reactions:DOJ's report into Louisville police: How people are responding on social mediaHere are some key moments and quotes from the Wednesday press conference and from community members about the findings.Merrick Garland, US attorney general“This conduct is unacceptable. It is heartbreaking. It erodes the community trust necessary for effective policing, and it is an affront to the vas majority of officers who put their lives on the line every day to serve with honor – and it is an affront to the people of Louisville.”"To the officers of LMPD: The Justice Department is acutely aware of the integral role that law enforcement officers play in our society and the dangers you face to keep your community safe – so it is imperative that your police department sets you up for success."Vanita Gupta, associate attorney general"LMPD’s ability to serve and protect the people of Louisville has been compromised and the findings are deeply troubling and sobering. So we are committed to working with Louisville on a path forward to constitutional policing and stronger police-community trust."Kristen Clarke, assistant attorney general"These findings are not based on any one incident or event. They turn on evidence showing long-standing dysfunction at LMPD. The pattern or practice of unlawful conduct compromises LMPD’s ability to serve and protect safely, constitutionally and effectively. Instead, LMPD has practiced an extreme, misdirected and counterproductive style of policing.""Our efforts were exhaustive. We talked to hundreds of people across the city. We rode with officers in their cars on patrol. We spoke with city and union officials, judges and attorneys, advocacy groups, religious leaders and community members from different walks of life. And along with our experts, we've reviewed thousands of documents regarding LMPD’s enforcement activities, and we watch thousands of hours of body-worn camera footage."Craig Greenberg, Louisville mayor"I know some people are surprised and horrified to hear stories about certain officers operating in ways that are so counter to our values as a community. All of this is really hard to hear and hard to accept. It's infuriating. I understand that."I also know there are people who are not surprised to hear the findings in this report, because they see this report as confirmation of complaints they've made about their own interactions with law enforcement, sometimes for years. Many of those spoke out and felt dismissed or devalued. Now, the United States Department of Justice is essentially saying 'Yes, in many cases, you were right. And you deserve better.' That's a powerful thing. I understand that, too."And I know there are people who will look at this report, and they'll be eager to find some way to minimize it. or dismiss it. They'll say it's all politics, or that you could find examples like this in any city. No – this is not about politics or other places. This is about Louisville. This is about our city, our neighbors and how we serve them."Jacquelyn Gwinn-Villaroel, interim LMPD chief"This is an extremely challenging and pivotal point for our city, our department and for our officers. Now that the DOJ has concluded their investigation and presented their findings, we will continue our efforts in improving public safety in this beautiful city called Louisville and making LMPD the premier police department in the country."Tamika Palmer, mother of Breonna Taylor"What was confirmed today is that I should still be able to to pick up the phone and reach my oldest daughter Breonna. It took us having to fight day in and day out for years simply because I deserved justice for my daughter’s murder to kickstart this investigation, but today’s findings are an indicator that Breonna’s death is not vain. Our fight will protect future potential victims from LMPD’s racist tactics and behavior. The time for terrorizing the Black community with no repercussions is over."Ben Crump, civil rights attorney who represented Breonna Taylor“The family of Breonna Taylor is encouraged by the findings released today by Attorney General Merrick Garland and the Department of Justice Civil Rights Division revealing a pattern of biased policing and a long list of constitutional violations by the Louisville Metro Police Department.“These findings, and LMPD’s expected cooperation with the DOJ’s recommended remedial measures, will help protect the citizens of Louisville and shape its culture of policing. It’s steps like these, and involvement of the Attorney General and the DOJ’s Civil Rights Division, that will move our nation forward and prevent future tragedies like the one that took the life of Breonna Taylor and the countless others who have been killed unnecessarily by law enforcement.”Greg Fischer, former Louisville mayor (2011-2022)"Today is another important inflection point to honor the pain of 2020 by further acknowledging – and continuing to act on – the fact that our community deserves a new era of public safety. This era requires the leadership of the many good officers who have dedicated their lives to keep us safe and are committed to working in partnership with the community to develop a new form of constitutionally sound policing embraced by all our city’s residents."Since the summer of 2020, I have emphasized that public safety in Louisville and across America is at an inflection point. Without fundamental and widespread changes in police culture, resources, resident involvement and resulting police-community legitimacy, our city and nation will continue to needlessly endure tragedy after tragedy. National events since the summer of 2020 bear witness to this conclusion."Hannah Drake, Louisville poet and activist"The reform is only as good as the people executing them. So here’s my question that I really want to know. ... how many of those same officers are still employed at LMPD? What changes? Are those people going to magically go home and say you know what, let’s stop calling Black people monkeys and animals."Tim Findley Jr., pastor at Kingdom Fellowship Christian Life Center“Locally, what people have been saying for years has now been elevated on a national stage." “What I found most interesting was that they talked about Black people. They didn't say Black and brown. They didn't say other communities. Black people were targeted and terrorized. And that is a huge, huge reality that leadership, that the FOP must deal with, that Black people have been terrorized in Louisville for a very long time.”Sadiqa Reynolds, former CEO of the Louisville Urban League"It is what we said it was and worse. We know every officer is not corrupt but we recognize that the system is, so even the good ones do harm in their attempts to stand behind the shield in silence. The system does not allow for the humanization of Black people. There is nowhere in this city where we can be safe, not even in our homes. Policing itself is flawed but this department worked hard to go backward over the past several years. It works against Black residents, and authorizes and condones our abuse. There have been no significant consequences and no real accountability. There can never be justice without truth. And for many of us, the unrest has settled into our souls because we could not get anyone to give us the full truth. There must be some sort of racial reckoning for the Black community in Louisville. We deserve acknowledgment and accountability from the leaders in this city. I think I speak for many Louisvillians when I say, I am thankful for this thorough investigation and report. Now, I look forward to the hard work of change."Ted Shouse, Louisville attorney"Systemic racial discrimination by LMPD is recognized and proven in this report. Many of us had known this for years and today that knowledge is validated and respected. ... It is only through the recognition of these facts, that we can hope to have any path forward."Morgan McGarvey, U.S. congressman for Louisville“Excessive use of force and racial profiling in the Louisville Metro Police Department will continue to plague our community until we take decisive action to create true, lasting change. We simply cannot afford to wait."“Today’s report is a long overdue step in the right direction to hold our law enforcement accountable, but it does nothing to undo the centuries of systemic injustice Black communities have endured. We must commit to change, accountability, and justice for Breonna Taylor, George Floyd, Tyre Nichols, Tamir Rice, Michael Brown, and the far too many others who were killed by police.”

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