Newly filed federal court-ordered MPD reforms place further limits on use-of-force

Minneapolis police reforms

Minneapolis police reforms

A Department of Justice consent decree filed in federal court on Monday would place a few further limits on use-of-force for officers of the Minneapolis Police Department.

The lengthy list of mandated police reforms goes beyond a 2023 settlement agreement already in place with the State of Minnesota in a couple of ways.

Chief Brian O’Hara, in an interview on Tuesday, said his department has been on track to meet the added requirements before they were filed in court.

“Quite frankly, the difference with our cops here is that they’ve been through a lot of this already, that they have seen. This isn’t like it was when we initially got into the settlement agreement with the state,” he said. “They have seen that process and how it plays out.”

Like the state agreement, the federal consent decree — if signed by a judge — will also prohibit MPD officers from using tear gas to disperse crowds without direct authorization from the Chief of Police or a stand-in.

“That’s something that became effective in December of 2022, so that’s already policy,” Chief O’Hara said, referring to department policy, which he said continues to be updated to comply with the state agreement and now the federal one.

“I think the situation would be different if we were getting into this, you know, on a blank slate, we’re not,” he continued.

Federal officials did take state limits on taser use a step further, mandating officers not only avoid, but cannot target someone’s face, head, neck, or other sensitive areas.

“It is difficult. Obviously, people are moving. Sometimes, you know, both the subject is moving as well as the officer,” O’Hara said. “But again, this is something also where the technology is evolving as well.”

The chief said MPD has been in the process of buying new tasers that — by design — cannot be deployed directly into a person’s body, and they won’t allow more than one probe to be deployed at once.

“And eventually, that’ll be the standard in policing around the country,” O’Hara said.

The DOJ consent decree also mandates officers avoid using force against someone who is already restrained. They also must avoid handcuffing anyone under the age of 14.

“And that’s just common sense,” the Chief reacted, confirming that it’s also a provision in MPD policy.

“But it does not say that, you know, if you get a 13-year-old that’s committing a violent crime, that’s armed with a gun, that did something like that, and you cannot handcuff them. That’s absolutely not true,” he clarified.

MPD officers are also required to report it when they witness a fellow officer misuse force, and the department must create a force investigations team. That’s been the chief’s goal, he said.

“The vast majority of that is either already in policy or it’s in draft policy that’s gone before community review,” O’Hara said in summary.

Federal officials did not set a deadline by which MPD must resolve the consent decree, O’Hara added.

“I mean, this will take at least a few years,” he estimated.

“I think the majority of these consent decrees on the federal side last for a decade or longer, which was the case where I come from. The New Jersey State Police were in for about 10 years.”

Asked, the chief said he plans to see it through, calling it an honor to be in his position at this historic moment.