Justice Department Investigation of Newark Police Finds Routine Excessive Force, Unwarranted Stops, Theft and Racism
The US Department of Justice, following the recommendation of the Obama Administration, has been investigating the nation's police departments. On Wednesday, the Department of Justice released its findings from a three-year investigation of the Newark Police Department in New Jersey following 418 allegations of police misconduct.
The 418 allegations, including police shootings, sexual assault, prisoner beatings, false arrests and discrimination, were documented in a petition filed by the New Jersey chapter of the American Civil Liberties Union based on a two-and-a-half year study.
The investigation began in May 2011 and involved examining documents, including arrest and use of force reports, shooting review files, and stop and arrest data. Investigators spoke to officers, city officials, and community members, set up a toll-free hotline, email account, rode alongside officers in the field, and spoke to police officials of all ranks.
"Through these efforts, we have determined that there is reasonable cause to believe that the Newark Police Department has engaged in a pattern or practice of unconstitutional stops, searches and arrests, in violation of the First and Fourth Amendments of the U.S. Constitution, and the NPD's stop and arrest practices have a disparate impact on city of Newark's black residents. In addition, we have a reasonable cause to believe the NPD engages in a pattern or practice of excessive force in violation of the Fourth Amendment," said Jocelyn Samuels, Acting Assistant Attorney General, Department of Justice.
She added, "We also found that NPD's stop and arrest practices disproportionately affect the black community in Newark. Although black individuals comprise 54 percent of Newark's population, they account for a significantly higher proportion of stops and arrest: 85 percent of pedestrian stops and 79 percent of arrests."
The report also found a pattern and practice of excessive use of force by police officers, retaliation against the public for objecting to police actions, failures of the Internal Affairs Department, and theft of property and money by police officers. The NPD was also deficient in sexual assault investigations evident from this excerpt from the report,
"...This deficiency is, in part, grounded in what appears to be ignorance or bias concerning victims of sexual assault, as evidenced by comments made by several command staff during interviews and a review of a sample of sexual assault investigative files. Specifically, there is evidence that some NPD officers and detectives have made mistaken assumptions about who can or cannot be a "true" victim of sexual assault. This includes views that sex workers, employees of nightclubs or adult establishments, and women who consumed alcohol with an assailant cannot be legitimate sexual assault claimants."
The report comes with remedial measures, including civilian review of the NPD, strengthening internal affairs procedures, training and an end to unconstitutional stop-and-frisk practices, enhanced data collection, community engagement and an independent monitor.
"This is a historic moment for Newark, one that could lead to the creation of a police force that is respectful of civil rights and that is accountable to the people of Newark," said Udi Ofer, executive director of ACLU-NJ. "The appointment of an independent monitor to oversee reforms of the NPD affirms the findings of the ACLU-NJ."
The Justice Department is investigating 17 other police departments across the nation to include: Cincinnati, Los Angeles, New Jersey State Police, New Orleans, Puerto Rico, Pittsburgh, Seattle, Washington, DC,