Cleveland police officers use guns, Tasers, pepper spray and their
fists either unnecessarily or in retaliation, while using excessive
force on those "who are mentally ill or in crisis," the Justice
Department announced Thursday.
As a result of this
"pattern ... of unreasonable and unnecessary use of force," the city and
Justice Department have signed an agreement "to develop a
court-enforceable consent decree that will include a requirement for an
independent monitor who will oversee and ensure necessary reforms."
The results of the
federal review come as the Cleveland Division of Police is under fire
for the November fatal shooting of 12-year-old Tamir Rice. The incident
sparked outrage in an era when the Michael Brown shooting and similar
situations have put police use of force under a microscope, though Chief
Calvin Williams has defended the shooting, saying Rice reached for an
air pistol that was "indistinguishable from a real firearm."
According to the
investigation's findings, the department's practices erode public
confidence in the police, making it difficult and dangerous for the city
to deliver police service, the department said.
"Accountability and
legitimacy are essential for communities to trust their police
departments, and for there to be genuine collaboration between police
and the citizens they serve," Attorney General Eric Holder said in a
statement.
"Although the issues in
Cleveland are complex, and the problems longstanding, we have seen in
city after city where we have been engaged that meaningful change is
possible. There are real, practical and concrete measures that can be
taken to ensure not only that police services are delivered in a
constitutional manner, but that promote public safety, officer safety,
confidence and collaboration, transparency, and legitimacy."
The Justice Department
said it launched its probe in March 2013 after "a number of high profile
use of force incidents and requests from the community and local
government to investigate the division." Mayor Frank Jackson requested
the investigation after a controversial police chase and shooting that
killed two people in December 2012.
Not only did the
investigation reveal a practice of unreasonable use of force but "in
some cases unnecessary force in violation of the Fourth Amendment of the
Constitution."
That includes unnecessary
shootings and "head strikes with impact weapons," the report says. It
also includes "excessive force against persons who are mentally ill or
in crisis, including in cases where the officers were called exclusively
for a welfare check."
The investigation found
that the department employs "poor and dangerous tactics that place
officers in situations where avoidable force becomes inevitable."
The Justice Department
concluded that Cleveland's officers are not provided "adequate training,
policy guidance, support, and supervision. Additionally, systems of
review that would identify problems and correct institutional weaknesses
and provide individual accountability are seriously deficient."
The department fails to
review its officers' use of force, investigate other allegations of
misconduct, "respond to patterns of at-risk behavior," enforce
appropriate policies and establish "effective community policing
strategies," according to the Justice Department.
"Throughout the
investigation, the Department of Justice provided its observations and
concerns to the city, and in response, the division has begun to
implement a number of remedial measures, however, much more work is
needed," the department's statement said.
Holder, Acting Assistant
Attorney General Vanita Gupta and U.S. Attorney Steven Dettelbach will
meet Thursday with community leaders, law enforcement officials and
elected officials to discuss how to improve that relationship.
"Together, we can build
confidence in the division that will ensure compliance with the
Constitution, improve public safety and make the job of delivering
police services safer and more effective," Gupta said in the statement.
Attorneys and
investigators from the Justice Department's Civil Rights Division's
Special Litigation Section and the U.S. Attorney's Office for the
Northern District of Ohio reviewed thousands of pages of documents,
including training materials, internal reports, video footage and
investigative files. They also interviewed "officers, supervisors and
command staff, and city officials; and spoke with hundreds of community
members and local advocates."
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