Assistant Attorney General Kristen Clarke Delivers Remarks Announcing Consent Decree with Louisville Metro Government and Louisville Metro Police Department

Remarks as Prepared for Delivery

Good morning. My name is Kristen Clarke, Assistant Attorney General for Civil Rights at the U.S. Department of Justice. I am pleased to stand today with Louisville Mayor Craig Greenberg and Louisville Metro Police Department Chief Paul Humphrey.

As the Mayor shared, the Justice Department and Louisville Metro Government have agreed to a court-enforceable consent decree that addresses the United States’ findings that the metro government and police department engage in a pattern or practice of conduct that violates the Constitution and federal law.

We found that police used excessive force; unlawfully executed search warrants without knocking and announcing themselves; carried out unlawful stops, searches and arrests; engaged in discriminatory policing with respect to low-level traffic stops and other enforcement activity; violated the rights of people engaged in protected speech during demonstrations critical of policing; and treated people with behavioral health disabilities unlawfully. This conduct harmed community members and undermined public trust in law enforcement that is essential for public safety.

This consent decree marks a new day for Louisville. Our standing together today makes clear that Louisville and the United States share the goals of promoting public safety, ensuring constitutional policing and strengthening trust between community and law enforcement. This consent decree outlines specific reforms and measurable standards that will help achieve these goals. Implementing these reforms will ensure constitutional policing; promote public safety; and safeguard people’s civil rights.

I want to take a moment to outline specific provisions of the consent decree. Under the decree:

• The police department will revise its use-of-force policies and training. New policies will ensure that officers employ de-escalation strategies, limit dangerous tactics and refrain from using force to punish or retaliate against people.
• The department will improve its residential search warrant practices. This includes safeguards on use of confidential informants; thorough review of search warrant applications; and safe and lawful tactics during warrant executions.
• The department will ensure that its stops, searches and arrests are constitutional and that its enforcement practices do not discriminate based on race. The department will develop alternatives to arrests and citations for minor issues like broken taillights.
• The department will strengthen its responses to and investigations of sexual assault and domestic violence, including investigations into alleged officer sexual misconduct.
• The metro government and police department will improve their response to public demonstrations and protests that are critical of policing.
• The metro government and police department will improve training, supervision and accountability systems for officers. They will ensure fair and objective investigations of alleged misconduct and continue to support civilian oversight in Louisville.
• Significantly, Louisville Metro will seek to provide non-police responses to situations involving behavioral health crises or unhoused people in situations that don’t require a law enforcement presence.

In addition, provisions of the decree require strengthening efforts to promote officer wellness — reflecting a recognition of the real strain and stress that many officers face on the job.

I want to take a moment to speak about process and outline our next steps. Today the department is filing a complaint in federal court that outlines the violations of law. And, jointly with the city, we are filing a consent decree with the court to address the violations of law. We are asking the court to issue an order approving the terms of the decree. The city and the Justice Department will then move to select an independent monitor who will serve as a neutral third party confirming the city and police department’s compliance with requirements of the decree. We are committed to moving earnestly and swiftly down the path of reform set forth in this decree. The Justice Department will move to terminate provisions of the decree as substantial compliance is achieved. We will work ambitiously to achieve full compliance in the road ahead.

The community has played and will continue to play a central role in the implementation of the consent decree.

We have every confidence that Louisville can and will satisfy the requirements of the consent decree. As Mayor Greenberg has shared, the city has not been standing by idly and has already undertaken significant reforms. The city banned no-knock search warrants; piloted a program to send behavioral health professionals to some 911 calls; expanded its community-based violence prevention services; and enhanced its support for officers’ health and wellness.  At the end of this process, we expect that the Louisville Police Department will be a model police department and a shining example of constitutional policing.

Across the country, our consent decrees have a demonstrable track record of reform achieved alongside decreasing misconduct by police and decreasing  rates of crime. In cities like Seattle, New Orleans, Baltimore, and Albuquerque, we have seen sharp declines in unreasonable use of force; unlawful stops and searches; and harmful interactions with people experiencing behavioral health crises. At the same time, we have seen crime decrease in these cities.

At the end of the day, the people of Louisville deserve constitutional and effective policing, and nothing less. Police officers and metro government employees deserve clear policies, high quality training and the support necessary to do their jobs safely, effectively and lawfully.

Four years ago, after 26-year-old Breonna Taylor was shot and killed by Louisville police officers in her own home in the middle of the night, Louisville, like many cities around the country, experienced protests and civil unrest. Thousands of people marched and gathered downtown for months. They called for racial justice and police accountability. They returned, day after day, to Jefferson Square Park, which they called Injustice Square or Breeway.

Shortly after Ms. Taylor’s tragic death, the Justice Department opened a comprehensive civil investigation into the metro government and police department, focusing on systemic issues.

I am proud to stand, shoulder to shoulder, with Mayor Greenberg, Chief Humphrey and their team. Together, we have agreed upon a consent decree that outlines reforms and the pathway to constitutional policing. No doubt, this consent decree includes the strong medicine necessary to cure violations of law and promote healing in the community.

Let me say — police officers have demanding and dangerous jobs. We all know that most officers act honorably under challenging circumstances and at great personal risk. Now we will have an enforceable court order that provides the guidance and tools to truly strengthen their efforts to promote public safety.

People in Louisville have long advocated for constitutional policing. Their voices, input, and investment in this process will be essential in implementing reform. I want to encourage the public to be vigilant and patient — police reform does not happen overnight. This process will take time and will reap dividends down the line. We will call on residents to attend public meetings and hearings, join advisory committees and comment on draft policies and training. And, just as they have for decades, residents can and should push for changes beyond the consent decree process — federal law is a floor, not a ceiling on what is possible.

I want to close by thanking Mayor Greenberg and Chief Humphrey for their extraordinary leadership and I want to recognize the dedicated career attorneys and professionals in the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Kentucky, for their work on this important matter. They are, and have always been, the true backbone of the Justice Department.

At this time, Chief Humphrey will offer remarks. Thank you.