Here's what the U.S. Department of Justice says about LMPD misconduct, consent decree
The U.S. Department of Justice will not budge from keeping the public outside of current negotiation talks between the federal government and Louisville Metro, but officials want residents to share what they want in the impending court order.
Following a federal investigation into the city and its police department after the killing of Breonna Taylor four years ago, Louisville Metro Police and the city government will soon be placed under a consent decree, which is designed to guide Metro and LMPD policies — the duration of which is dependent on the city's performance and improvement but could be as long as several years.
The binding legal settlement will track the steps local agencies must take to improve, with progress reported to the federal government by an independent monitor.
In a visit to downtown Louisville last week, Paul Killebrew, deputy chief of special litigation, and other DOJ officials encouraged residents to share concerns about the current culture surrounding LMPD and Louisville Metro, in addition to providing insight into the ongoing legal process.
What has the U.S. Department of Justice recommended for LMPD reforms?
After a lengthy investigation into Louisville Metro government and LMPD, the DOJ outlined key findings of infractions in its report released last year.
The most severe infractions were:
LMPD uses excessive force
LMPD conducts searches based on invalid warrants, and the department executes search warrants without knocking and announcing
LMPD’s street enforcement violates the Fourth Amendment, which prohibits unreasonable searches and seizures.
LMPD discriminates against Black people in traffic stops
LMPD violates free speech with respect to peaceful protests
LMPD and Louisville Metro Government violate the Americans with Disabilities Act with regard to behavioral health disabilities
The DOJ also expressed concerns about LMPD’s response to sexual assault and domestic violence.
Federal officials have recommended around three dozen proposals for reform based on the report, which include improving training as well as improving processes related to officer sexual misconduct and domestic violence.
At a public safety committee meeting Wednesday, David Kaplan, chief of staff and general counsel in the Mayor’s Office, and LMPD Deputy Chief Paul Humphrey noted they started making some of these improvements, such as restructuring multiple LMPD divisions for greater oversight and accountability as well as launching a new wellness center for police officers.
In other improvements, Humphrey said 68 policy revisions were implemented in LMPD last year. The police department has also updated its record management system for better data collection to comply with the upcoming consent decree as well as improve officer performance.
When will the consent decree be approved and issued in Louisville?
Six to nine months of negotiations is the average timeline before residents will typically see a finalized consent decree sent to a federal judge for approval, according to Killebrew.
"If it goes further than that, (it) doesn't mean that things are going bad," Killebrew added.
Negotiations reportedly began in February.
Why can't a Louisville citizen be directly involved in the negotiation talks?
At the community meeting, many residents expressed frustration at the negotiations being shrouded in mystery, without citizen input or supervision.
Killebrew said he understands, but a closed negotiation is vital to the process so city and local law enforcement officials will "have some feelings of psychological safety that they can tell me what they think is gonna work (and) what's not gonna work."
According to Killebrew, negotiations are most honest and successful when the parties are not worried that every idea or unofficial statement could be reported to and shared by the media.
Killebrew also noted having a designated resident involved in the process would be difficult to select, given that just one person cannot accurately embody and represent an entire community.
What happens if Louisville residents don't like the consent decree after it comes out?
While there is no official end date for the consent decree, Louisville is expected to be under the court order "for as long as it takes to satisfy that (federal) judge that the pattern of practice no longer exists," Kaplan said.
That endpoint could take years. The Baltimore Police Department has been under its consent decree since 2017. The Albuquerque Police Department has been under one for nearly a decade.
"Our goal is for it to take as long as it takes, but not to fall into the pattern of things going on longer than the public would like to see," Kaplan said.
Even after the consent decree is put into effect, the court order can be modified at any point, as long as the DOJ or the city is interested in making those changes and starting that process.
Modifying a consent decree based on public feedback is pretty common, according to Killebrew.
"Every time we have a consent decree, stakeholders come to us with better ideas than the ones that we had. In my experience, we then modify the consent decree in order to make it make more sense," Killebrew said.
How can I be involved in what ends up in the consent decree?
The DOJ is hosting community meetings to note public concerns and recommendations that could then be taken to the table.
An in-person meeting was held last week at the Republic Bank Foundation YMCA, where more than 50 residents were broken into small groups with a DOJ moderator and asked to give their perspective on what needs to be included in the consent decree. The meeting also included a DOJ official explaining more about what a federal consent decree is and updating the public on where they are now in the legal and negotiation process.
A virtual community meeting is scheduled for 6:30 p.m., Tuesday. Attendees can register to attend via Zoom or follow the link at https://shorturl.at/zFKSV.
Reach reporter Rachel Smith at rksmith@courierjournal.com or @RachelSmithNews on X, formerly known as Twitter.
This article originally appeared on Louisville Courier Journal: DOJ gives timeline, context around Louisville consent decree
