Minneapolis Mayor Jacob Frey and Kristen Clarke, the U.S. assistant attorney general for civil rights, watch at Minneapolis Police Chief Brian O’Hara delivers remarks at a press conference announcing the filing of a consent decree mandating police reforms on Jan. 6, 2025. Photo by Madison McVan/Minnesota Reformer.
The U.S. Department of Justice and the city of Minneapolis released the details of an agreement mandating reforms of the Minneapolis Police Department on Monday afternoon.
The agreement — called a consent decree — is the culmination of the federal government’s investigation into the Minneapolis Police Department following the police killing of George Floyd that found a pattern of racial discrimination
The DOJ investigation found that the department violated residents’ Constitutional rights by discriminating against Black and Native American residents and routinely using “excessive force, including unjustified deadly force and unreasonable use of Tasers.”
The consent decree adds onto the reforms laid out in a similar agreement between the police department and the Minnesota Department of Human Rights.
The federal consent decree prohibits, among other things; using handcuffs on children under the age of 14; the use of neck restraints and choke holds; the use of some tear gases, including Mace; and the initiation of foot chases just because a person runs away when they see an officer.
Misconduct investigations must be completed within 180 days, with exceptions granted only in extenuating circumstances. And, investigations will continue even if an officer retires or resigns from the department. A 2020 Reformer investigation found that the average misconduct investigation that resulted in discipline took 539 days to resolve.
Officers under investigation for misconduct, or who are suspended from the force, can’t work off-duty jobs.
The agreement requires the police department to rewrite its use-of-force policies; create a “force review board” and a force investigation team to evaluate and investigate whether a use of force was appropriate; and take certain steps to protect the rights of journalists to cover protests.
It also requires the police to stop discriminating against residents based on their race.
Both the state and federal agreements will use the same third-party evaluator, Effective Law Enforcement for All, to make sure the police department implements the agreed-upon policies.
The Minneapolis City Council unanimously approved the consent decree Monday afternoon after an all-day meeting with the City Attorney Kristyn Anderson. One council member, Michael Rainville, inadvertently missed the vote.
U.S. Department of Justice attorneys filed the consent decree in the U.S. District Court for the District of Minnesota, asking U.S. District Court Judge Ann D. Montgomery to issue an order enacting the agreement. Once the judge signs off, the consent decree will take effect.
Kristen Clarke, the assistant attorney general for civil rights at the DOJ, didn’t say whether the incoming administration of President-elect Donald Trump could cancel the agreement.
In Trump’s first term, then-Attorney General Jeff Session canceled negotiations over a proposed consent decree regarding policing in Chicago. (The state of Illinois took over the federal government’s role in negotiating and enforcing the reforms.)
“I can’t speak to the future, but the Justice Department has always been focused on ensuring compliance with the Constitution, ensuring compliance with federal law, and ensuring public safety,” Clarke said when asked for the third time whether the Trump administration could choose to negate the agreement.
In a statement released after the press conference, City of Minneapolis spokesperson Jess Olstad said once the judge approves the decree, it can only be terminated by the court.