Department of Justice to Probe Brutality Against Blacks & Latinos by Austin Police

The City of Austin has been notified by the U.S. Department of Justice of its plans to review the policies, procedures and practices of the Austin Police Department. The DOJ review could begin as early as the next 30 to 60 days. The primary focus will be APD’s use of force.

City Manager Toby Hammett Futrell said the City of Austin and the Austin Police Department will cooperate fully throughout the course of the review.

On June 19, 2004, the National Association for the Advancement of Colored People (NAACP), represented by the Texas Civil Rights Project, filed a 16-page complaint with the Department of Justice against APD and the City of Austin alleging that Austin’s African American and Hispanic residents disproportionately met with excessive force and abuse of search powers through consent searches. The NAACP complaint came on the heels of a use of force newspaper series and a succession of critical police incidents that raised community concerns about race relations.

In February 2005, the NAACP supplemented its DOJ complaint with information concerning the use of racially charged language by 10 police officers and employees during a fire at the Midtown Live Nightclub in Northeast Austin. This highly charged incident attracted national attention.

In March 2005, Futrell and then-Austin Police Chief Stan Knee co-signed a letter to the Justice Department formally requesting an independent review by the federal agency. At that time, APD believed that the federal investigation would assure the community that the department operates in accordance to local, state and federal law.

Over the last three years, APD has implemented specific improvements to address the concerns and provide even more transparency for the community. Such improvements include:  Redefining the requirements for documenting and using force, including 4 hours of individual training for each officer.  Installing video cameras in all patrol cars.  Updating the video camera policy to require all traffic and pedestrian stops to be recorded.  Doubling the number of certified mental health officers (crisis intervention training) citywide to over 300 officers, including certifying all downtown patrol officers.  Training every police officer in Perspectives on Profiling (nationally recognized cultural diversity training), including jointly training many community members.  Changing policy on consent searches to require a documented consent prior to a search.  Implementing an award-winning Community Immersion Program for all new cadets that requires cadets to perform independent research about diverse segments of the community.  Hiring the Police Executive Research Forum (PERF) to fully evaluate APD’s training program and to help implement recommended changes.  Achieving re-accreditation of the entire department, as well as attaining the Flagship departmental status for innovative best practices.  Actively supporting multiple community working groups in key problem areas as part of the African American Quality of Life Initiative. DOJ expects to take at least a year to complete its review and determine if APD has systemically violated constitutional rights. At completion, Justice officials will identify minimum measures believed necessary to remedy any identified violations. In addition, DOJ will offer technical and other assistance to assist Austin in correcting any deficiencies that may be identified. [MORE]

• Pictured above: Ramon Hernandez who was punched and beaten by the APD while handcuffed and lying faced down. [MORE]