DOJ Launches Investigation Into Memphis Police Department Over Allegations of Discriminatory Policing

Investigation follows January death of Memphis man following police altercation

Police investigate the scene of a related to a shooting at Poplar Ave. and Hawthorne St. in Memphis, Tenn., on Sept. 7, 2022. Brad Vest/Getty Images

The U.S. Department of Justice (DOJ) announced the launch of a wide-reaching investigation into the City of Memphis, Tennessee and the Memphis Police Department (MPD) on Thursday, July 27.

The inquiry seeks to establish whether there are systematic violations of the Constitution or federal law, especially in relation to MPD’s use of force, discriminatory policing, and procedures involving stops, searches, and arrests.

The announcement comes more than six months after the city’s police force received bipartisan criticism after Memphis police officers tased, pepper sprayed and beat 29-year-old Tyre Nichols, who died three days later.

“The tragic death of Tyre Nichols created enormous pain in the Memphis community and across the country,” said Attorney General Merrick B. Garland. “The Justice Department is launching this investigation to examine serious allegations that the City of Memphis and the Memphis Police Department engage in a pattern or practice of unconstitutional conduct and discriminatory policing based on race, including a dangerously aggressive approach to traffic enforcement.”

Community activists in Memphis welcomed the investigation they have been calling for since the January incident.

“After the painful loss of Tyre Nichols, it’s clear that our community is still hurting,” said Malik Jones, a local Memphis activist. “We’ve been calling for this kind of investigation for a long time. Hopefully, this will lead to the systemic changes we need.”

The Investigation

The DOJ explained in a statement the investigation is being conducted pursuant to the “Violent Crime Control and Law Enforcement Act of 1994,” which prohibits state and local governments from engaging in a “pattern or practice of conduct by law enforcement officers that deprives people of rights protected by the Constitution or federal law.”

If DOJ has reasonable cause to believe a state or local government has violated the aforementioned, they are authorized to bring a lawsuit seeking court-ordered enforcement to remedy violations.

“In this investigation, the Department will assess law enforcement practices under the Fourth and Fourteenth Amendments to the U.S. Constitution, as well as under the Safe Streets Act of 1968 and Title VI of the Civil Rights Act of 1964.”

“We are committed to working cooperatively with local officials, police, and community members to conduct the thorough and comprehensive review that the residents of Memphis deserve,” AG Garland added.

Mayor and Police Chief Promise Cooperation

Mayor Jim Strickland, MPD Chief Cerelyn “CJ” Davis, and Interim Chief Legal Officer Michael Fletcher were informed prior to the announcement and have pledged to cooperate with the investigation.

Strickland, a Democrat, said the city is committed to cooperating with DOJ throughout their investigation.

“Just as we have been transparent and cooperative with the Department of Justice CRITAC Independent Review, the City will be a good partner in this new inquiry,” Strickland said in a statement provided to The Epoch Times by his office. “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.”

The image from video released on Jan. 27, 2023, Tyre Nichols seated leaning against a car during a brutal attack by five Memphis police officers in Memphis, Tenn., on Jan. 7, 2023. City of Memphis via AP

Strickland added he hoped the process going forward would be more transparent.

“I know they discussed the need for such an action with many other individuals,” he said. “I hope the remainder of the process is more forthright and inclusive than it has been so far.”

Chief Davis, who fired five of the officers involved in the incident in the immediate aftermath of Nichols’s death, said the department would work closely with DOJ during their investigation.

“The Memphis Police Department will continue to fully cooperate and work closely with the DOJ as its members conduct this next phase of their investigation,” she said in a statement alongside the mayor. “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.”

In the days after the January incident, she said the officers whom she fired were “directly responsible” for the “physical abuse” of Nichols, describing their actions as “heinous, reckless, and inhumane.”

“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,” she added in her recent statement. “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.”

“directly responsible” for his “physical abuse,”

Civil Investigation Remains Independent

This civil investigation remains independent of the ongoing technical assistance provided by the DOJ’s Office of Community Oriented Policing Services (COPS Office), which the DOJ said will continue to offer support to MPD through the “Collaborative Reform Initiative Technical Assistance Center (CRI-TAC).”

Assistant Attorney General Kristen Clarke of the DOJ’s Civil Rights Division has directed the COPS Office to develop a guide for police chiefs and mayors across the country to evaluate the appropriateness of the use of specialized units, like the controversial SCORPION unit formerly operational in Memphis. This comes in response to concerns about the unit’s management, oversight, and accountability.

She stressed, “Every person is entitled to constitutional and non-discriminatory policing in our country,” adding that the Department has information suggesting that MPD may be engaging in “racially discriminatory stops of Black people for minor violations.”

Civil rights attorney Ben Crump speaks at a news conference with the family of Tyre Nichols in Memphis, Tenn., on Jan. 23, 2023. Gerald Herbert/AP Photo

“Unlawful policing undermines community trust, which is essential to public safety,” Clarke added.

This sentiment was echoed by residents like Jocelyn Smith, who stated, “We want to trust our police, but it’s hard when you or someone you know has been on the receiving end of discriminatory policing.”

U.S. Attorney Kevin Ritz for the Western District of Tennessee said he was committed to upholding civil rights and public safety, welcoming the opportunity to ensure law enforcement agencies do their jobs lawfully.

Thursday’s announcement marks the ninth pattern or practice investigation into law enforcement misconduct initiated by the Biden Administration’s Justice Department.

The Department has active investigations into several other law enforcement agencies across the country, including Phoenix, Mount Vernon (NY), Louisiana State, New York City Police Department’s Special Victims Division, Worcester (MA), and Oklahoma City.