‘We’re doing it anyway’: Minneapolis city leaders react to motion to dismiss federal consent decree
Federal court documents filed Wednesday morning show the United States Attorney’s Office has filed a motion to dismiss a case against the City of Minneapolis, saying it no longer believes the proposed consent decree would be in the public’s interest.
According to the motion, the U.S. doesn’t wish to pursue the action anymore and “withdraws its support, agreement and concurrence with the Joint Motion for Approval of Settlement.” In addition, the motion says there was an “extensive review” done by leadership of the current Department of Justice and Civil Rights Division.
The consent decree is part of a settlement outlining sweeping reforms to the Minneapolis Police Department. A two-year DOJ investigation launched after the murder of George Floyd found MPD engaged in a pattern of racist and abusive behavior that violated residents’ civil rights.
A federal judge still needs to decide whether to dismiss the case or to let it proceed. You can read the full motion filed in court below.
ABC News reports the Justice Department is also filing a motion to dismiss its police reform agreements with Louisville, Kentucky.
In March, a federal judge granted the DOJ’s request to delay its consent decree case against Minneapolis for another month, its second 30-day stay. At that time, federal attorneys had argued that two pending motions have not been scheduled for a hearing and extending the stay “would not substantially injure” the city or the outside groups that have asked to be involved. Communities United Against Police Brutality had requested to be on the case as an amicus party, and the Police Officers Federation of Minneapolis had filed a motion to intervene.
Minneapolis City Attorney Kristyn Anderson had countered at that time with a scathing rejoinder, arguing that new DOJ leadership has had more than enough time to get “up to speed.”
In her response to Wednesday’s motion to dismiss, Anderson underscored that the city is still committed to enacting the reforms outlined in the consent decree and asked that if the judge does dismiss the case, it should be with prejudice.
“Up is down. Not too long ago, the United States represented to this Court that the proposed Consent Decree served the public interest,” Anderson wrote. “Now, under the Trump administration, the United States says the opposite. The representations to this Court made by the prior Department of Justice and those made by the current Department of Justice are irreconcilable.”
RELATED: Minneapolis city Council approves federal consent decree to reform MPD
The State of Minnesota says its consent decree will remain in place, even if the federal consent decree doesn’t. Shortly after court documents were filed Wednesday, the state’s Department of Human Rights issued the following statement regarding the motion:
“While the Department of Justice walks away from their federal consent decree nearly five years from the murder of George Floyd, our Department and the state court consent decree isn’t going anywhere. Under the state agreement, the City and MPD must make transformational changes to address race-based policing. The tremendous amount of work that lies ahead for the City, including MPD, cannot be understated. and our Department will be here every step of the way.”
Rebecca Lucero, Commissioner for the Minnesota Department of Human Rights
Minneapolis city leaders stated during a news conference regarding the consent decree on Wednesday, “We’re doing it anyway.”
RELATED: Minneapolis Police will be under court supervision for years. DOJ may be watching for a decade
Mayor Jacob Frey and Police Chief Brian O’Hara stated that the city is committed to police reform, despite the federal government’s motion to dismiss the decree.
One notable outlier applauding the DOJ’s action was the Police Officers Federation of Minneapolis. The union said the motion to dismiss “reflects recognition that additional oversight is unnecessary.”
“We acknowledge there is work that needs to be done to rebuild community trust, so we can move forward with practical, effective public safety reforms — reforms that are driven by the realities of policing, not just politics or headlines,” the union said in a statement, later adding that “meaningful reform is done with officers — not to them.”
Community leaders also reacted to the news at their own news conference.
“Our collective humanity is at stake as a result of what’s happening,” civil rights attorney Nekima Levy Armstrong said. “Minneapolis should be leading the way. The state of Minnesota should be leading the way in this area, but what this shows us is whether there is a Democrat or Republican in charge, we still cannot get justice as a people when it comes to police accountability.”
Michelle Gross, president of Communities United Against Police Brutality, was angered at the timing of it all — less than a week before the fifth anniversary of Floyd’s death.
“For this administration to pick this particular week to take this particular action is unconscionable and outrageous,” Gross said.
RELATED: What to expect when Minneapolis City Council meets about federal consent decree
The news conferences can be viewed in the media player below:
Hennepin County Attorney Mary Moriarty also sounded off on Wednesday and issued the following statement:
“It is no surprise that the Trump administration is abandoning the federal consent decree. This Administration continuously tramples on constitutional and civic rights and is perfectly willing to sacrifice public safety in order to score political points. It is particularly abhorrent that it is abandoning this consent decree on the eve of the anniversary of George Floyd’s murder. The federal government implemented this consent decree to eliminate systemic violations of the Constitution and end violence that happened with too much frequency, especially against Black people. That should be a goal every elected representative has. Police reform isn’t an attack on the police. It is a necessary step to make sure people are protected and safe. Fortunately, our state court’s enforceable agreement remains in place, and my office is committed to keeping every resident of Hennepin County safe and protecting their constitutional and civil rights.”