Department of Justice Assistant Attorney General Kristen Clarke of the Civil Rights Division and U.S. Attorney for the Western District of Tennessee Kevin Ritz announced a pattern and practice investigation into the City of Memphis and the Memphis Police Department.

A pattern and practice investigation is allowed to be conducted by the Justice Department if they have reasonable cause that a state or local government has deprived people of protected rights. 

“The information we have reviewed also shows that officers may use force against people who are already restrained or in custody,” Clarke said.

“Our review indicates even in a majority Black city, MPD’s traffic enforcement may focus disproportionately on Black community.” 

Clarke said that the investigation is not tied to one specific incident or unit of MPD.

But she said that the investigation will look at three specific areas:

1. Unlawful stops, searches and arrests by MPD officers
2. Excessive use of force by officers
3. Racially discriminatory practices by the department

Clarke said that the investigation was prompted by publicly available information and information that was provided to her team.

Memphis Mayor Jim Strickland and MPD Chief Cerelyn “C.J.” Davis were notified of the investigation and pledged their full cooperation.

New DOJ probe is in addition to COPs review and civil rights investigation

The new investigation into MPD will coincide with a voluntary, ongoing review Strickland and Davis made in the wake of Tyre Nichols’ death.

That review, while smaller in scope than the pattern and practice investigation, is also looking at MPD’s use-of-force and de-escalation tactics. The DOJ’s Office of Community Oriented Policing Services is conducting that probe.

“Other information indicates that 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.

It is also the second civil rights investigation into MPD announced by Ritz’ and Clarke’s offices this year.

A civil rights investigation into Nichols’ death was announced on Jan. 18, just over a week after he died.

“Our review indicates even in a majority Black city, MPD’s traffic enforcement may focus disproportionately on Black community. Black drivers receive a significant share of vehicle citations for things like tinted windows or broken taillights.”

Investigation findings will be released to the public 

Clarke said that if violations are found through the newly announced investigation, a public report will be released with the findings. MPD and the Department of Justice will then discuss an agreement based on the findings. If one can’t be made, Clarke said a civil lawsuit could be brought against the MPD.

Clarke said that the investigation will consist of talks and ride-alongs with officers. 

“Community trust makes policing more effective and less dangerous for both officers and the people they protect,” Ritz said. “Citizens, including the people in this great city, deserve constitutional and lawful policing.”

“Our first responsibility is to protect our citizens. That means to protect them from crime and to protect their civil rights.”

Clarke made clear Thursday that the pattern and practice investigation is civil and is separate from any criminal investigations involving the department.

Clarke did not give a timeline for when the investigation will be completed but said that her office is making it a priority to have it completed “soon.”

Memphis investigation one of several nationwide

The Memphis investigation is one of several across the U.S. that the division has conducted, and Clarke said it isn’t the only one currently underway.

She said pattern and practice investigations into the Minneapolis Police Department found officers used excessive force and discriminated against Black and Native American people. She said that similar results were found in an investigation into the Louisville, Kentucky police department.

Clark said investigations into the police department in Phoenix as well as one in Louisiana are ongoing.

Tyre Nichols’ death in January led to calls for a pattern and practice investigation into the department. Despite not being the sole reason for the investigation, United States Attorney General Merrick Garland referenced Nichols in a statement at the time of announcing the investigation.

“The tragic death of Tyre Nichols created enormous pain in the Memphis community and across the country,” Garland said. “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.

“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.”

The family of Nichols announced a $550 million civil lawsuit in connection with his death against the city, the police department, individual officers and Memphis Fire Department personnel.

The suit puts blame on Davis and Assistant Chief Shawn Jones, who followed Davis from the Atlanta Police Department, and said the tactics of the SCORPION unit officers who beat Nichols on Jan. 7 were reminiscent of APD’s RED Dog Unit.

“Turning a blind eye to these officials’ histories of disregard for the Constitution and the rights of Atlanta citizens, the City of Memphis made a conscious choice to disregard the rights of its own, to bring these two individuals on, and to bestow them with the highest law enforcement authority possible within their police department,” the suit said.

COPS started pattern and practice investigation into MPD in 2016

The same agency of the Justice Department – COPS – that is conducting the smaller scope investigation into Nichols’ death began a pattern and practice investigation into MPD in late 2016 at the request of Strickland and then-Memphis Police Director Michael Rallings.

The 2016 investigation began in the wake of the police shooting death of Darrius Stewart and nationwide Black Lives Matter protests.

At the outset, Justice Department leaders said the investigation would be a two-year deep dive into police policies and arrest statistics.

But the investigation began against the backdrop of the 2016 presidential general election.

Then-President Donald Trump’s Justice Department, headed by U.S. Attorney General Jeff Sessions, announced in October 2017 it was changing the terms of the investigation as set out in an agreement with the city.

The original agreement listed as one of its objectives: “assess use-of-force and deadly force policies and practices.” That included training for officers in “crisis intervention, de-escalation, handcuffing, searches, use of force, less lethal weapons and firearms.”

The 2017 agreement said COPS would “develop a work plan based on the technical assistance priorities established by the agency” and support those technical assistance efforts.

Sessions had already announced “significant” changes in collaborative reform initiatives underway in several cities including Memphis.

“This is a course correction to ensure that resources go to agencies that require assistance, rather than expensive wide-ranging investigative assessments that go beyond the scope of technical assistance and support,” Sessions said at the time.

Sessions also ended Justice Department oversight of Shelby County Juvenile Court at about the same time. The oversight followed a similar investigation into Juvenile Court practices.

Bill Dries contributed to this report.