Dec 20, 2024
MEMPHIS, Tenn. -- In response to a federal investigation into the Memphis Police Department that alleged the organization has violated residents' civil rights, the city has hired former federal Judge Bernice Donald to monitor the MPD. Donald is a former lawyer and served as a federal circuit judge of the U.S. Court of Appeals for the Sixth Circuit from 2011 to 2023. The City of Memphis said in a statement that Judge Donald will serve in a "process Oversight Capacity as a neutral and independent monitor, guiding the City’s community response and action plan." "Judge Donald has an excellent reputation as a civil rights activist and making appropriate decisions on the court in relation to those issues," said City Councilman Jeff Warren. Warren also says it will also save taxpayers money. City’s attorney says Memphis won’t enter consent decree with DOJ over police reform "Hiring a judge as a consultant and looking over our processes to make sure we're continuing to constantly improve is a great idea for the city," Warren said. "And it's a whole lot less expensive than undergoing a consent decree. This could cost us millions and millions of dollars every year."  The Department of Justice wanted the city to enter a consent decree to make inprovements that would be monitored by the courts. The City declined an interview about the appointment of Judge Donald, but made it clear early on, they had no interest in a consent decree. But pastor and city activist Earl Fisher still things a DOJ decree is the better move. "We want a level of oversight and regulatory force that we don't trust the city to implement, in and of itself," Fisher said. The city says they also plan to establish a nine-person force to coordinate community engagement and develop the response plan with oversight from Judge Donald. A budget will be allocated "that will enable Judge Donald to secure the resources and subject matter experts needed to support the development of the response." Memphis Mayor Paul Young said in a statement that the city is encouraged to collaborate with Judge Donald on the effort. He also added there "there is no one more qualified to lead the process." "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," said Mayor Young. City of Memphis Chief Legal Officer Tannera Gibson added, "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." This comes after a 17-month federal investigation allegedly revealed that the Memphis Police Department engaged in a pattern or practice of conduct that violates the U.S. Constitution and federal law. The government stepped in after now-former Memphis officers were caught on video beating 29-year-old Tyre Nichols, who later died. Those officers faced state and federal charges and the city faces a $550 million lawsuit. Earlier this month, the city said in a letter that it would not enter into a consent decree with the Department of Justice over its policing practices. “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,” a letter from the city stated. DOJ declined to comment Friday on the City of Memphis hiring Judge Bernice Donald instead of entering a consent decree. 
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