After a federal investigation into the Memphis Police Department prompted by the death of Tyre Nichols, the city recently announced that it would hire former federal judge Bernice Donald to be an independent monitor as the MPD implements reforms outside of a consent decree.
According to WREG, the city made it fairly clear early in the process that they wanted nothing to do with a consent decree from the Department of Justice.
However, activists like Earle Fisher do not trust that Memphis can be trusted to implement reforms independently.
“We want a level of oversight and regulatory force that we don’t trust the city to implement, in and of itself,” Fisher told the outlet.
Memphis Mayor Paul Young, however, indicated in a statement that he trusts Donald as the city’s partner in their efforts to implement reforms.
“We are committed to fostering a transparent and effective community response and believe this task force will ensure that every voice is heard. Together, we will develop a comprehensive action plan that meets the needs of our residents,” Young said.
The hiring of Donald follows a letter the City of Memphis released earlier in December rejecting a consent decree, in part, because of the cost to the same taxpayers the city’s police department was found to be guilty of violating the constitutional rights of.
“After evaluating the effects of these consent decrees in other cities, we believe there are better ways to reimagine policing that do not slow the process or cost the taxpayers millions of dollars,” the letter stated.
According to the city, they will establish a nine-person force in order to coordinate community engagement and develop a response plan in accordance with Judge Donald’s oversight.
The city will also allocate a budget “that will enable Judge Donald to secure the resources and subject matter experts needed to support the development of the response.”
According to the City of Memphis Chief Legal Officer Tannera Gibson, “Judge Donald’s extensive experience and impartiality make her the ideal leader for this work. We believe that under her guidance, the task force will effectively engage the community and develop a responsive action plan that truly reflects our city’s needs.”
According to the Tennessee Lookout, despite Young’s acknowledgement that the Department of Justice’s report was difficult to stomach, he did not heed pleas from the Black Clergy Collaborative, who pushed for the city to enter into the consent decree.
“The report details the cruel and shocking treatment of Black Memphians, people with disabilities and children,” the group said in a statement.
They continued, “We have no trust or confidence in leaving corrections to the people involved in the unlawful conduct, the persons who failed to supervise them, or those who stood by and said nothing while the unlawful conduct occurred.”
In an op-ed for the outlet, Fisher was critical of Mayor Young’s choice to bow out of a consent decree because of the cost.
“Young has chosen to obstruct accountability by refusing to endorse a consent decree, which would serve as an essential mechanism to ensure that our police force operates within the bounds of justice and respect for civil rights,” Fisher wrote.
Fisher continued, “The bottom line is glaringly clear: it is ultimately cheaper to invest in reforms than to bear the costs of litigation arising from police violence. The tens of millions of dollars associated with various consent decrees (over an extended period of time) may appear excessive at first glance. However, consider the $550 million that the family of Tyre Nichols is suing for — a stark reminder of the devastating financial and moral consequences of failing to address systemic issues. Investing in reform is an act of prudence; it directly counters the higher, avoidable costs associated with legal settlements stemming from police misconduct.”
Fisher concluded his argument, “Ultimately, the moral and monetary imperatives for accountability in Memphis policing are intertwined and undeniable. Young and the city administration cannot afford to ignore the overwhelming evidence of systemic failure.”
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