Crime & Safety

Federal Watchdog to Monitor Newark Police Department

The Justice Department has found the city's police department repeatedly violates the constitutional rights of citizens.

The Justice Department and the city of Newark have reached an agreement to have a monitor oversee the work of the police department, which a more than two-year review found to repeatedly violate the constitutional rights of citizens.

The findings detail the Newark Police Department's pattern of violating constitutional rights of citizens in its stop-and-arrest practices. The report also documented the police department's response to individuals exercising their First Amendment rights, use of force and theft by officers, according to the U.S. Attorney's Office.

“Our investigation uncovered troubling patterns in stops, arrests and use of force by the police in Newark. With this agreement, we’re taking decisive action to address potential discrimination and end unconstitutional conduct by those who are sworn to serve their fellow citizens,” Attorney General Eric Holder said.

"This action reaffirms the Justice Department’s commitment to working with our law enforcement partners in order to ensure the highest standards of integrity and professionalism. Under today’s agreement, Newark Police officials are taking the first in a series of important steps to restore public trust in their Department and ensure both the safety and the civil rights of Newark residents."

The investigation, which began in May 2011, also revealed deficiencies in the department's systems that are designed to prevent and detect misconduct, the U.S. Attorney's Office said.

The city has agreed to enter into a court-enforceable, independently monitored agreement to reform the police department, the U.S. Attorney's Office said.

According to the agreement, the police department must continue to develop and implement improvements to its stop, arrest and force policies and procedures and train its officers on how to conduct effective and constitutional policing.

The police also must implement systems that will ensure accountability, commit to building police-community partnerships and improve the quality of policing throughout the city, the U.S. Attorney's Office said.

"The people of Newark deserve to be safe, and so do the thousands who come here to work, to learn, and to take advantage of all the city has to offer," U.S. Attorney Fishman said.

"They also need to know the police protecting them are doing that important – and often dangerous—work while respecting their constitutional rights. The Justice Department has a long history of making sure of that, and today we have the commitment of Newark’s mayor and the leadership of the police department to make the department the one that the city deserves."

The Justice Department reviewed thousands of Newark Police Department documents, including written policies and procedures, documentations of stops, searches and arrests, internal investigation files and use of force reports and reviews, the U.S. Attorney's Office said.

Attorneys and investigators also interviewed city police officers, supervisors, city officials and hundreds of community members and local advocates.

The Justice Department found the police department failed to provide sufficient justification for nearly 75 percent of pedestrian stops, the U.S. Attorney's Office said.

Newark Police officers also disproportionately stopped black people compared to their representation in the city's population, according to the U.S. Attorney's Office.

There was insufficient information to determine if the disparity was intentional discrimination or otherwise unlawful, but the report urges the city and its police department to collect better data of its stop, search and arrest incidents to allow for a more thorough analysis, the U.S. Attorney's Office said.

The investigation also revealed city police officers detained and arrested individuals who lawfully objected to police actions or behaved in a way that officers perceived as disrespectful and a violation of the First Amendment, the U.S. Attorney's Office said.

The Justice Department also found the police department engaged in a pattern of excessive force, the U.S. Attorney's Office said. While the police department has been unable to determine if the use of force was reasonable in particular incidents, more than 20 percent of officers reported use of force that appeared to be unreasonable, the U.S. Attorney's Office said.

A pattern of police department theft of citizens' property was also revealed through the investigation, the U.S. Attorney's Office said. Among those implemented were members of specialized units, such as narcotics and gang units and at the police department's prisoner processing unit, the U.S. Attorney's Office said.

Deficiencies were also found in the internal affairs processes, in probes reviewing use of force and complaints regarding officer misconduct, in supervision and management, and in the training of officers and IA investigators, the U.S. Attorney's Office said.

"Today the City of Newark has taken a bold step toward ensuring constitutional policing that better serves all of Newark’s residents,” Acting Assistant Attorney General for the Civil Rights Division Jocelyn Samuels said.

"The Department of Justice report released today makes clear the depth and breadth of the challenges Newark faces in reforming its police department; but the agreement in principle provides a roadmap for reform and underscores the shared determination of the City of Newark and the Department of Justice to making this reform real and sustainable."


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