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“Excessive Force:” Leaders React to DOJ Findings on Memphis Police Department

Reactions are pouring in after a blistering report from the United States Department of Justice (DOJ) Wednesday detailed the agency’s findings from an investigation into the Memphis Police Department. This probe was launched in the aftermath of Tyre Nichol’s death following his deadly beating after a traffic stop.

“Based on this investigation, we found that the police in Memphis use excessive force; that they stop, search, and arrest people unlawfully; that their policies have a discriminatory effect on Black people; and that they discriminate against people with behavioral health disabilities,” the DOJ said in a statement. “Furthermore, we are concerned that Memphis police officers unnecessarily escalate encounters with some of the most vulnerable members of the community — its children.”

The DOJ found that the agency used excessive force, discriminatory practices against Black people, and imposed harsh and “aggressive” tactics on children.” The agency found these to consistent practices where they “violat[ed] people’s rights.”

Career attorneys and staff from the Civil Rights Division, the United States Attorney’s Office, and “more than a dozen experts who specialize in police department management, use of force, statistics and other areas,” were consulted in what the Justice Department called  a “comprehensive and exhaustive” investigation. They also interviewed police officer, city employees, community members and more.

“We received hundreds of incidents, watched hundreds of body-worn camera videos, read thousands of documents, and conducted statistical analyses of the department’s data regarding officer activities and enforcement,” the statement said.

U.S. Assistant Attorney General Kristen Clarke said MPD’s practices do not make Memphis safer and urged the city to intervene in terms of police reform and consent decrees. They said they are also committed to working with the city to remedy these patterns.

“Achieving meaningful constitutional policing reform costs time and resources,” Clarke said. “ But not implementing systemic reforms also imposes enormous costs — cost in terms of citizens’ rights that are trampled, personal, and financial costs in injuries and deaths due to excessive, unnecessary use of force, costs in diminished public safety, and millions of dollars in legal judgments against the city due to constitutional violations.”

During a press conference Mayor Paul Young said for those who had not read the report that it would be “difficult to read” and that some types of incidents are “not acceptable.”

“Policing in Memphis must always be ever-evolving, constantly improving, and I’m confident that our team is ready to further the work of creating ongoing change,” Young said. “We believe that adjustments we’ve already begun making must continue and that they must expand.”

In a letter addressed to Justice Department officials, Tannera Gibson, city of Memphis attorney and Chief Legal Officer, said the city will not willfully enter a consent decree based on the report. She said a legal process is required for them to question how they evaluated information, witnesses, and facts used to reach their conclusions.

“Until the city has had the opportunity to review, analyze, and challenge the specific allegations that support your forthcoming findings report, the city cannot — and will not — agree to work toward or enter into a consent decree that will likely be in place for years to come and will cost the residents of Memphis hundreds of millions of dollars,” Gibson said in a statement. “From what we understand, consent decrees remain in place for an average of more than ten years, with absolutely no controls to ensure timely completion or consideration for the financial impact to the affected community. Such a proposal is not the right solution for Memphis.”

Upon sharing these findings, the Official Black Lives Matter Memphis Chapter said the following:

“Confirms what activists and organizers have been saying about the police department for years.” 

Cardell Orrin, executive director of Stand for Children – Tennessee, echoed these sentiments saying this is what they’ve “heard many times and has been debated, disputed, and diminished.”

“Thanks to the investigators from DOJ for validating the experiences of people in Memphis when the people’s representatives have not been willing to acknowledge and do something about it,” Orrin said in a post. “You can go back to the many CLERB (Civilian Law Enforcement Review Board) recommendations that never got addressed by MPD leadership or the city.”

This story will be continually updated as more reactions come in.

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National and State Officials React to Tyre Nichols Verdict

State leaders, advocates, and community groups have voiced their sentiments and reactions as a jury reached a verdict in the Tyre Nichols trial, finding three officers guilty of witness tampering.

Demetrius Haley, Justin Smith, and Tadarrius Bean, all former Memphis Police Department officers, were convicted on federal felony charges.

The jurors deliberated for six hours on Thursday in the federal trial regarding federal civil rights violations during the January 7, 2023, traffic stop that resulted in Nichols’ death.

According to Ben Crump and Antonio Romanucci, attorneys for the Nichols family, “Haley was acquitted of violating Nichols’ civil rights causing death.” Both Smith and Bean were also acquitted of civil rights charges.

“The jury also convicted Haley and former MPD officers Tadarrius Bean and Justin Smith for their effort to cover up excessive force against Nichols by omitting material information and providing misleading and false statements to their MPD supervising lieutenant and an MPD detective who was tasked with writing the report documenting this incident,” the United States Department of Justice said in a statement.

Sentencing is scheduled for January 2025.

In a statement released by both attorneys following the verdict, Crump and Romanucci said justice has prevailed for Tyre Nichols and his family.

“The guilty verdicts reached today send a powerful message that law enforcement officers who commit crimes will be held accountable under the law. Tyre’s family is relieved that all three officers were found guilty and taken into custody for their loved one’s death. Tyre should be alive today, and while nothing can bring him back, today’s guilty verdicts bring a measure of accountability for his senseless and tragic death,” the statement said.

Here are more reactions from both national and local leaders following the verdict.

Sen. London Lamar (D-Memphis)

“Today’s verdict brings a measure of justice for Tyre Nichols’ family, who have endured unimaginable pain since his tragic and senseless death. While no verdict can bring Tyre back, the conviction of these officers is a critical step in holding those responsible accountable. This verdict allows Tyre’s family to begin to heal and look to the future, knowing that justice was served. We must continue working to ensure that no family in Memphis — or anywhere else — ever has to endure such heartache again. I remain committed to fighting for reforms that will protect our communities and prevent these tragedies from happening in the future.”

Shelby County District Attorney Steve Mulroy

“We commend the diligent work of the U.S. Attorney’s Office. The public deserves to know that those who enforce the law are not above the law: If they use excessive force they’ll be held accountable. While the verdict may not be everything hoped for, we’re fully prepared to move forward with the State’s case. We will await sentencing in federal court, consult with U.S. Attorney’s Office counsel, and take appropriate steps in state court.”

Congressman Steve Cohen (TN-9)

“I am pleased that the jury found the officers guilty but was surprised that they weren’t found guilty of the charges that resulted in Tyre Nichols’ death.”

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division

“All three former Memphis Police Department officers were convicted of federal felonies for their role in Tyre Nichols’ death. They join two additional former officers who had already pled guilty. With these convictions, all five of the former officers involved in the death of Mr. Nichols have been convicted of federal felonies. Tyre Nichols should be alive today. We extend our condolences to the family and loved ones of Mr. Nichols. We hope this prosecution provides some measure of comfort as the law enforcement officers tied to his death have been held accountable. We thank the trial team for their extraordinary dedication to prosecuting this case, and we thank the jury for their service. We will never rest in our ongoing efforts to ensure that law enforcement officers are held accountable for violating people’s civil and constitutional rights.”

Acting U.S. Attorney Reagan Fondren for the Western District of Tennessee
“A basic principle for our system of justice is that there is — and there only can be — one rule of law. Law enforcement officers must be held to the same rules as the citizens they’re sworn to protect. More than a year ago, this office made a commitment to following the truth where it led in this case. Thanks to our trial team who worked tirelessly over the past 21 months to ensure that this case was properly investigated and tried and to the men and women in the jury for their service. The defendants have been found guilty of serious federal felonies and face significant penalties for those actions.”

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Vigils Planned For One-Year Anniversary Of Tyre Nichols’ Death

Candlelight vigils on Sunday will commemorate the one-year anniversary of the killing of Trye Nichols by Memphis Police Department (MPD) officers.

A vigil will be held in Memphis on January 7 at 7 p.m. at the intersection of Castlegate Lane and Ross Road. Another vigil will take place in Nichols’ hometown of Sacramento, California at the Tyre Nichols Skate Park at 5 p.m. CST.

Credit: Google Maps

“During the vigils attendees will come together to reflect on Nichols’ life, share memories and stand united in demanding accountability and justice,” reads a statement from attorney Ben Crump’s office. “Candles will be lit in his honor, and as a symbol of hope and remembrance.”

Crump and Antonio Romanucci, attorneys for the Nichols family, also released a letter ahead of the anniversary of Nichols’ death.

“Our legal team is fiercely committed to fighting for justice for Tyre and vigorously restate our assertions that the Scorpion Unit officers involved acted at the direction of [an MPD] policy that violated the civil rights of innocent civilians and caused needless pain to many,” reads the letter.

The anniversary of Nichols’ death coincides with the release of information by former Memphis Mayor Jim Strickland, where he explained that he “actively avoided signing and enforcing the Driving Equality Act in honor of Tyre Nichols that the Memphis City Council passed in Spring 2023.” The law would have required Memphis police officers to skip traffic stops for offenses like temporary tags, damaged bumpers, or lapsed car registration.

 Both Crump and Romanucci said that they are “deeply disturbed” by this revelation and that this would have directed “meaningful reform in how Memphis Police should conduct and report traffic stops.” They have also vowed to hold Mayor Paul Young accountable for holding up plans to enact this reform.

“These types of commonsense changes to police policies and practices are essential to establishing trust between communities and police,” said the attorneys in a statement. “Had changes to law enforcement policies been enacted in 2020, we strongly believe Tyre Nichols would be alive today.”

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Decarcerate Memphis and BLM Host “Week Of Action” for Tyre Nichols

Decarcerate Memphis and the Official Black Lives Matter Memphis chapter are hosting a “Week of Action,” for Tyre Nichols.

The week started on Thursday, February 2nd, with a phone zap, where members of the community were asked to make calls to Memphis City Council and county commissioners and let them know “you want our demands met and ordinances passed.”

Both organizations have been vocal about police reform. According to the Decarcerate Memphis website, the organization “exists to apply common sense strategies and a community-oriented approach to the problematic system of policing. We do this by demanding funds are equitably allocated and resisting the criminalization of the poor.”

“We exist to dismantle systems that oppress us. We affirm all Black folks and their varied identities, including religion, gender, and sexual orientation. We work to create the alternatives that allow our people to thrive and live the lives they deserve,” said the Official Black Lives Matter Memphis chapter through Facebook. 

According to an action toolkit provided by both organizations, the family demands include:

1. Release the body cam footage.

2. Charge the officers.

3. Name all officers and public personnel Memphis, Tennessee that were on scene.

4. Release the officers’ files.

Community demands include:

1. Pass the Data Transparency ordinance (tracking law enforcement data).

2. End the use of pre-textual traffic stops.

3. End the use of unmarked cars and plainclothes officers.

4. Dissolve the [Street Crimes Operation to Restore Peace in Our Neighborhoods – SCORPION], [Organized Crime Unit – OCU], and [Multi-Agency Gang Unit – MGU]. End the use of task forces.

5. Remove police from traffic enforcement entirely.

As of Friday, February 3rd, some of the demands have been met including the release of the body cam footage, charging officers involved, the release of officer files, and the dissolving of the SCORPION unit.

“Hold them accountable. If they say no, keep calling but take notes,” said a post from Decarcerate Memphis on Instagram.

Other events for this week include an email blast scheduled for Friday, February 3rd, a “National Day of Action,” “Rest is Revolutionary: Make time for Black Joy,” a county commission meeting, a city council meeting, and a press conference.

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Local And National Representatives Call For Police Reform in Wake of Tyre Nichols Case

As the Tyre Nichols case and video have received national attention, activists and representatives, locally and nationally, are sharing their thoughts and demands regarding police reform.

The Official Black Lives Matter Memphis Chapter released the following statement through Facebook: “On January 7, 29-year-old Tyre Nichols, a passionate skateboarder and beginner photographer, died after being brutally beaten by five Memphis police officers, who all happened to be Black.

“This month alone, there have been several instances of people being murdered at the hands of the police. Earlier this month in Los Angeles, police tased father and English teacher Keenan Anderson to death. A week ago, Georgia state patrol troopers killed environmental activist Manuel Esteban Paez Terán during a raid against the ‘Stop Cop City’ encampment.

“In Tyre Nichols’s case, the police officers tased, pepper-sprayed, restrained, and violently beat him for three long minutes. Tyre’s autopsy revealed that he died from the trauma of a brutal bleeding. This type of violence illustrates how irredeemable an institution policing is, primarily because it is rooted in upholding white supremacy and state-sanctioned violence, no matter the racial or gender makeup of the officer. Despite attempted reforms, police forces cannot diversify or restructure their way into becoming just institutions, and no reform will end the intentional and incessant terrorizing of Black communities. The Official Black Lives Matter Memphis Chapter is resolute in our position that policing and prions must end.”

The full statement and demands can be found here.

In a statement, President Joe Biden, said: “Like so many, I was outraged and deeply pained to see the horrific video of the beating that resulted in Tyre Nichols’ death. It is yet another painful reminder of the profound fear and trauma, the pain, and the exhaustion that Black and Brown Americans experience every single day.”

Biden also said that the footage would leave people “justifiably outraged.”

Due to its disturbing nature, many opted to not view the video. Bernice King, the youngest daughter of the late Martin Luther King Jr. took to Twitter to let users know that it was okay to not watch it, noting that “it should not require another video of a Black human being dehumanized for anyone to understand that police brutality is an urgent, devastating issue.”

While the case and the video have elicited anger and outrage from representatives both local and nationally, many have agreed that police reform is not only a pressing issue in the city of Memphis but nationwide as well.

Representative Steve Cohen took to his Twitter account to condemn the officers involved, and asked for all involved parties to be held accountable. 

“At least 4 other officers did nothing and a sixth SCORPION said he hoped they’d stomp him. Every officer who took the law into his hands or failed to intervene should be held accountable. The Mayor & Chief have a hard job ahead and Congress must pass reforms I’ve long sponsored,” Cohen said.

In the aftermath of the video’s release, a sixth Memphis police officer, Preston Hemphill, was relieved of duty on January 30th. According to a statement released that same by attorneys for the Nichols’ family, Ben Crump and Antonio Romanucci, Hemphill had not been charged or terminated.

The Shelby County District Attorney’s office also released a statement on January 30th stating that this is an ongoing investigation, and that they are looking into “all individuals involved in the events leading up to, during, and after the beating of Tyre Nichols.”

“The current charges do not preclude us from adding additional charges as more information is presented,”  the statement said. “This includes the officer present at the initial encounter who has not — so far — been charged, Memphis Fire Department personnel, and persons who participated in preparing documentation of the incident afterward.”

Three Memphis Fire Department personnel were also fired for violating “numerous MFD policies and protocols.” In a press conference, Gloria Sweet-Love, president of the Tennessee State Conference NAACP called for a ” community oversight board that has subpoena power.”

Sweet-Love also said that while Biden’s delivery on calls for executive orders for police brutality was an important first step, it is not a substitute for meaningful legislation. “We must have legislation that is effective throughout this country, that makes sure we stop the killing of Black men.”

Van Turner, president of the Memphis branch of the NAACP also said in the conference that at the request of Nichols’ mother, RowVaughn Wells, that they support the Tyre Nichols Criminal Reform Bill.

“We do not need to let Tyre Nichols’ death be in vain,” said Turner. “We need a bill passed, and we call on Gov. Bill Lee, we call on the Tennessee General Assembly to pass the Tyre Nichols Criminal Reform Bill.”