MEMPHIS, Tenn. — Memphis officials have stated that they will not proceed with negotiations for federal oversight of their police department until they have the chance to review and contest the findings of an impending Department of Justice (DOJ) investigation. This information was conveyed in a letter released by the city on Wednesday.
City Attorney Tannera George Gibson addressed the DOJ’s Civil Rights Division, indicating that Memphis had received a request to enter discussions about a consent decree aimed at reforming police practices and emergency services.
The DOJ announced in July 2023 that it was launching an investigation into the Memphis Police Department. The focus of this inquiry includes examining the department’s patterns in the use of force, the conduct during stops, searches and arrests, as well as potential discriminatory practices. These findings were prompted by the tragic beating death of Tyre Nichols by Memphis officers earlier in January 2023, although the results of the investigation have yet to be disclosed.
A consent decree typically requires police departments to implement reforms monitored by an independent entity, with compliance overseen by a federal judge. Such oversight can last several years and potential violations could lead to financial penalties for the city.
The future of potential negotiations between cities and the DOJ may shift significantly with the expected return of President Donald Trump to office, as he is anticipated to appoint new leadership that may alter the department’s civil rights priorities. Under Trump’s previous administration, the use of consent decrees was limited, raising questions about how forthcoming negotiations will be.
In the letter, it was noted that establishing a legal finding that the city’s practices violate the Constitution entails due legal processes. This entails the city’s right to examine the DOJ’s investigatory methods and the credibility of witnesses.
“Until we have the chance to thoroughly review, analyze and contest the specific allegations in your forthcoming findings, the City cannot and will not agree to pursue a consent decree which could be imposed for years and carry a financial burden of hundreds of millions on local residents,” stated the letter.
The DOJ has yet to comment on Memphis’s stance regarding the investigation.
Video footage from the incident involving Nichols showed officers using pepper spray and a Taser against him during a traffic stop. After he ran away, police pursued him and violently assaulted him just steps from his home as he pleaded for his mother. The footage depicted officers conversing and laughing as Nichols struggled with serious injuries.
Nichols succumbed to his injuries on January 10, 2023, three days following the brutal encounter. Five officers—Tadarrius Bean, Demetrius Haley, Emmitt Martin, Desmond Mills Jr., and Justin Smith—were subsequently terminated from their positions, charged with murder in state court and indicted by a federal grand jury on civil rights violations and witness tampering.
Notably, Nichols, a Black man, was also the same ethnicity as the former officers. His death sparked nationwide protests, amplifying calls for police reforms across the U.S. and prompting significant scrutiny of the Memphis Police Department.
These officers were part of a crime suppression unit known as the Scorpion Unit, which was disbanded following Nichols’ death. The unit primarily focused on drug offenses, illegal firearms, and violent crimes, often amassing arrest statistics while engaging in forceful tactics against unarmed individuals.
Martin and Mills have already pleaded guilty to the federal charges as part of plea deals. Meanwhile, the remaining officers were convicted in early October for witness tampering associated with the incident’s aftermath. Bean and Smith were acquitted of civil rights charges, including excessive use of force and indifference to Nichols’ injuries, while Haley was acquitted of charges related to Nichols’ death but convicted on lesser counts causing bodily injury.
The five officers are set to face federal sentencing in the coming months. Additionally, it is anticipated that Martin and Mills may alter their not guilty pleas in state court. Bean, Haley, and Smith have maintained their not guilty status regarding state charges of second-degree murder; their trial is scheduled for April 28.
The Justice Department has conducted similar investigations in various cities over recent years. For example, on November 21, they reported a pattern of misconduct in Trenton, New Jersey, involving excessive force and unlawful stops. In June 2023, they found systematic discrimination against racial minorities by the Minneapolis police and indicated violations of constitutional rights in Louisville, Kentucky, following the deadly shooting of Breonna Taylor.
The letter from Memphis emphasized that the DOJ’s investigation took only 17 months, contrasting with the usual timelines of 2 to 3 years, suggesting an expedited process that might reflect a rushed conclusion.
