Louisville Metro police union files motion opposing DOJ consent decree regarding police reform (2025)
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The River City Fraternal Order of Police filed a motion in federal court on Dec. 27 to intervene in a consent decree signed by Louisville city officials and the Department of Justice (DOJ) on Dec. 9.[1]
The consent decree requires departmental training and department-wide changes related to the following areas: use of force, the application process for residential search warrants, the execution of residential search warrants, street enforcement, fair and impartial enforcement, protests and demonstrations, individuals with behavioral health disabilities, sexual misconduct, sexual assault, domestic violence, community-based public safety, agency management and supervision, officer assistance and support, hiring practices, misconduct investigations, and discipline.
The union challenged the consent decree arguing it conflicts with the Louisville Metro Police Department's (LMPD) collective bargaining agreement (CBA). For example, the consent decree requires documents related to use of force and misconduct allegations to be collected, retained, and analyzed, “to identify significant trends, to correct deficient policies and practices, and to improve performance and supervision.” This conflicts with the CBA’s provisions for retaining officer disciplinary records, which require such records be discarded after one year.
The union argued sections of the consent decree related to misconduct investigations, discipline, training, officer health, and management are topics that should be negotiated in CBAs and cannot be established by the federal government.
The union stated, “The consent decree conflicts with the collective bargaining agreement between the River City FOP and Louisville Metro Government. This decree runs afoul of language in the CBA and changes the working conditions of our members. The law requires that such changes be negotiated.”
In a news report about the consent decree, LMPD Chief Paul Humphrey stated, “We are already well on our way to implementing many of the requirements in this consent decree. I felt comfortable signing this because our officers will have clear guidance and goals to meet, the DOJ can’t move the goalposts, and our officers can focus on good police work, not paperwork.”[2]
Attorney General Merrick Garland wrote in a press release, “This agreement addresses the serious violations of federal law that we uncovered during our pattern or practice investigation and puts the city of Louisville and its police department on a path to lasting reform."[3]
The background
The DOJ began an investigation of the LMPD on April 26, 2021, following the police killing of Breonna Taylor in her Louisville home and the subsequent protests in 2020. The investigation was launched due to the department’s “reasonable cause to believe that the Louisville/Jefferson County Metro Government (Louisville Metro) and the Louisville Metro Police Department (LMPD) engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law.”[4]
The investigation was separate from the DOJ’s criminal cases against the former LMPD officers involved in the death of Breonna Taylor.
The DOJ issued a press release on March 8, 2023, detailing its findings. The DOJ reported civil rights violations and patterns of behavior violating the U.S. Constitution and federal law. These violations included excessive use of force, searches conducted based on invalid warrants, unlawful executions of warrants, unlawful stops, searches, detainments, and arrests, and discrimination against Black citizens.[5]
LMPD cooperated with the investigation and made changes to its operations before the investigation began. In February 2024, the Louisville Metro Government and the DOJ began negotiations to reach a consent decree. This decree was finalized ten months later and signed by Louisville city officials and the DOJ in December.
A consent decree is a legally binding document between two parties to resolve a lawsuit outside of court.
See also
- Index of articles about criminal justice policy
- Police hiring, training, and disciplinary requirements by state and city
- Ballotpedia Dashboard: Police Collective Bargaining Agreements
External links
Footnotes
- ↑ Courier Journal, "LMPD consent decree: Read the full 242-page document here," December 12, 2024
- ↑ LouisvilleKy.gov, "Mayor Greenberg Announces Historic Consent Decree," December 12, 2024
- ↑ U.S. Department of Justice Office of Public Affairs, "Justice Department Secures Agreement with Louisville Metro Government to Reform Louisville Metro's and Louisville Metro Police Department's Unconstitutional and Unlawful Practices," December 12, 2024
- ↑ United States Department of Justice Civil Rights Division, "Investigation of the Louisville Metro Police Department and Louisville Metro Government," March 8, 2023
- ↑ U.S. Department of Justice Office of Public Affairs, "Justice Department Finds Civil Rights Violations by the Louisville Metro Police Department and Louisville/Jefferson County Metro Government," March 8, 2023
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