Memphis is facing a federal civil rights investigation: Here's what to know

The U.S. Department of Justice announced Thursday that it is opening a civil rights investigation into the City of Memphis and the Memphis Police Department. The announcement came six months after the city of Memphis released video of the brutal beating of 29-year-old Tyre Nichols by Memphis police officers.

Here's what you need to know about the investigation.

What is a pattern or practice investigation?

Pattern or practice investigations take an in-depth look at police departments. They look to see if a department regularly violates constitutional rights, such as the First and Fourth Amendments — the right to free speech, expression and religion and protections against unreasonable searches and seizures.

Fourth Amendment violations in policing also include protections against the use of excessive force during an arrest or stop.

These investigations focus on finding whether the civil rights of the people police interact with have been violated. The timeline for completing a pattern or practice investigation varies, but the large scale look at police departments can span years.

Why is the DOJ investigating?

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division said that the investigation is not due to just one instance of police brutality, although she mentioned Nichols' death.

The DOJ has received multiple reports of officers escalating interactions with the public resulting in excessive force, Clarke said, including using "force punitively when faced with behavior they perceive to be insolent."

Officers have also used force against people already restrained or in custody, Clarke said, sometimes resulting in "serious physical injuries."

“Other information indicates the Memphis Police Department may be using an approach to street enforcement that can result in violations of federal law, including racially discriminatory stops of Black people for minor violations," Clarke said. "Such encounters can be harmful and can also violate the law. Our review indicates that even in a majority Black city, MPD’s traffic enforcement may focus disproportionately on the Black community.”

What will be included in the investigation?

The investigation will not focus on just one area of MPD, but the department as a whole. It will include scrutiny into three areas: MPD's use of excessive force, its use of stop and search and whether MPD engages in discriminatory policing against Black residents.

The DOJ will interview MPD officers, conduct ride-alongs and hold community meetings all as part of the investigation.

What happens if violations are found?

If the DOJ finds through its investigation that there is a pattern or practice of constitutional or statutory violations, it will issue a public report of those conclusions. Then, the DOJ will seek to work with the city and MPD to remedy those violations.

If no agreement can be reached, the DOJ can bring a civil lawsuit against the city and MPD to seek injunctive relief.

Was the DOJ already working with MPD?

At the request of Memphis Mayor Jim Strickland and Memphis Police Chief Cerelyn "C.J." Davis, the DOJ had already begun work with MPD through its Office of Community Oriented Policing Services (COPS) to review MPD's specialized units as well as use of force. The department wuold also create a guide for mayors and police chiefs across the country to follow, it said.

That review is separate from the pattern or practice investigation, DOJ officials said Thursday, and will continue independently of the investigation.

How many pattern or practice investigations are happening?

The DOJ opening a pattern or practice investigation in Memphis marks the ninth investigation of this type since President Joe Biden took office in January 2021.

The department is currently investigating the Phoenix Police Department, Mount Vernon (NY) Police Department, Louisiana State Police, New York City Police Department's Special Victims Division, Worcester (MA) Police Department, Oklahoma City Police Department and now the Memphis Police Department.

The DOJ finished two investigations, one into the Louisville Metro Police Department and one into the Minneapolis Police Department. The Louisville investigation followed a police shooting that killed Breonna Taylor and the Minneapolis investigation came on the wings of the George Floyd killing.

Lucas Finton is a criminal justice reporter with The Commercial Appeal. He can be reached at Lucas.Finton@commercialappeal.com and followed on Twitter @LucasFinton.

Katherine Burgess covers government and religion. She can be reached at katherine.burgess@commercialappeal.com or followed on Twitter @kathsburgess.