The U.S. Department of Justice announced today that the Memphis Police Department (MPD) and the City of Memphis have engaged in a systemic pattern of conduct that violates the U.S. Constitution and federal law. Following a comprehensive investigation launched in July 2023, the department identified several troubling practices, including the use of excessive force, unlawful stops, searches, and arrests, and discriminatory treatment of Black individuals.
The Justice Department’s findings point to several key issues within the MPD and its interactions with the public:
- Excessive Force: MPD officers were found to use force that exceeds what is constitutionally permissible.
- Unlawful Stops, Searches, and Arrests: The department engaged in unlawful policing tactics, violating the rights of individuals during routine law enforcement activities.
- Discriminatory Policing: The department was found to disproportionately target Black people in its enforcement practices.
- Discriminatory Treatment of Individuals with Behavioral Health Disabilities: The City and MPD have been found to discriminate against people with behavioral health conditions, failing to provide appropriate responses to crises.
- Concerns About Treatment of Children: The Justice Department highlighted significant concerns regarding the treatment of minors by MPD officers.
Additionally, the investigation revealed serious deficiencies in the department’s policies, training, supervision, and accountability, which contribute to the ongoing misconduct.
“The people of Memphis deserve a police department and city that protects their civil and constitutional rights, garners trust, and keeps them safe,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “Our exhaustive investigation found that the Memphis Police Department engages in a pattern or practice of using excessive force, conducting unlawful stops, searches and arrests, and discriminatory policing of Black people and residents with behavioral health disabilities.”
The investigation, which was conducted by career attorneys and staff in the Justice Department’s Civil Rights Division, involved numerous interviews, document reviews, ride-alongs with officers, and consultation with community members, advocates, and service providers in Memphis.
The report acknowledges the City and MPD’s cooperation with the investigation, noting that the department has already implemented some changes. However, the Justice Department insists that additional reforms are necessary to address the identified issues fully. These reforms are expected to include greater accountability, enhanced training programs, and updated policies to ensure constitutional policing practices.
This proceeding investigation is related to conviction of three former Memphis Police Department (MPD) officers for federal felonies related to the death of Tyre Nichols. This brings the total number of convicted officers to five, following the guilty pleas of two other former officers earlier.
Assistant Attorney General Kristen Clarke confirmed that former MPD officers Demetrius Haley, Emmitt Martin III, and Desmond Mills Jr. were found guilty of using excessive force, unlawfully assaulting Nichols, and failing to intervene when their co-defendants used unreasonable force. The jury also convicted Haley of witness tampering and conspiracy to cover up the incident. Haley was found to have denied Nichols medical aid, even after he was severely injured, and misled emergency responders about the nature of Nichols’ injuries.
The assault occurred on January 7, 2023, following a traffic stop initiated by Martin. Haley and other officers brutalized Nichols, kicking, punching, and using a baton on him. Despite Nichols’ evident injuries, the officers failed to provide medical assistance. Nichols later died from blunt force trauma.
The investigation revealed that Nichols, who had been fleeing from the officers, posed little threat, and the excessive use of force was contrary to MPD training and policy. Additionally, the officers lied or omitted crucial details in their reports to cover up their actions.
The trial also revealed disturbing details about MPD practices, including the “run tax” — a term referring to the unjustified use of force against individuals who flee from police. The cases of Martin and Mills, who had previously pleaded guilty to charges, will also be finalized soon, with Martin’s sentencing scheduled for December 5.
“Memphians are rightly concerned with gun violence and violent crime,” said Acting U.S. Attorney Reagan Fondren. “They are also rightly concerned about the collective approach that we must take to tackle these issues. We hope to work with Mayor Young, Chief Davis, the Memphis Police Department and our Memphis partners to move forward.”
The findings in this report are part of the Justice Department’s civil pattern or practice investigation and are separate from its ongoing criminal investigation into the actions of former MPD officers involved in the death of Tyre Nichols.
