cover image: Policy Advisory Report on Use of Force Consent Decrees

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Policy Advisory Report on Use of Force Consent Decrees

23 Oct 2020

The Department of Justice (DOJ)’s Civil Rights Division has the power to launch investigations into patterns and practice in police departments that violate the civil rights of residents. Often, the unlawful practice has been patterns of using excessive force or using force disproportionately on racial minorities. If the DOJ finds constitutional violations after an investigation, they can file a civil suit based on their findings. This usually leads to a negotiated settlement agreement, called a consent decree, where the police department agrees to fix the problems found during the investigation.1 Metro Nashville Community Oversight (MNCO) researchers reviewed 14 use of force related consent decrees issued by the Department of Justice and categorized the central recommendations. After the consent decree recommendations were identified, the MNCO research team reviewed the use of force policies from cities with publicly available policies that met the consent decree standards. This process clarified the policy options meeting federal constitutional standards and DOJ recommendations. Finally, the MNCO research team compared Metro Nashville Police Department (MNPD) policies to the consent decree recommendations and DOJ approved policies to identify aspects that met and did not meet the DOJ standards. Since consent decrees are expansive and often city- specific based on the DOJ investigations, recommendations in this report focus on broader, process-oriented reforms.
Published in
United States of America