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On July 9, 2013, the Special Litigation Section of the Civil Rights Division of the Department of Justice (DOJ) submitted a letter of findings of their investigation of the City of Miami Police Department (MPD). The investigation was to determine whether, in violation of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the MPD engaged in a pattern of excessive use of deadly force by firearms in violation of the Fourth Amendment protection against unreasonable seizures. The DOJ found reasonable cause to believe that this was the case.
The DOJ had previously investigated the MPD in 2002, and in response the MPD appeared to ameliorate its deficiencies, according to the press release issued by the DOJ. After the closure of the 2002 investigation, the DOJ's most recent investigation found many of the same problems were still present in the Department.
The evidence cited by the DOJ included a sharp increase in police officers shooting citizens. According to the DOJ, between 2008 and 2011, there were 33 shootings. In addition, the investigations of those shootings were not conducted in a timely manner, which meant that at least one police officer under investigation continued to shoot civilians in the course of their ongoing duties. The Department in their own internal investigations found at least three shootings to be unjustified. The DOJ suggested that tactical and training deficiencies were likely the cause of some of the unjustified shootings.
In February of 2016, the DOJ and MPD reached an agreement to improve these conditions. According to the DOJ website, an independent reviewer will monitor the terms of the agreement to ensure the MPD implements the following measures:
The city agreed to have full compliance with the agreement within one year of the agreement date. However, the city also agreed to continue to provide reports every four months to the DOJ indefinitely.
Summary Authors
Amanda Kenner (3/16/2017)
Sophia Weaver (5/2/2023)
Austin, Roy L. (District of Columbia)
Coon, Laura (District of Columbia)
Ferrer, Wilfredo A (Florida)
Gupta, Vanita (District of Columbia)
Castor, Jane (Florida)
Austin, Roy L. (District of Columbia)
Coon, Laura (District of Columbia)
Gupta, Vanita (District of Columbia)
Harrell-James, Veronica Vanessa (Florida)
Hart, Charles W. Jr. (District of Columbia)
Moossy, Robert J. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Last updated Aug. 30, 2023, 3:30 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Florida
Case Type(s):
Key Dates
Closing Date: Feb. 12, 2021
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The Department of Justice
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
City of Miami Police Department , City
Defendant Type(s):
Case Details
Causes of Action:
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Unreasonable search and seizure
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Order Duration: 2016 - 2021
Content of Injunction:
Issues
General:
Incident/accident reporting & investigations
Policing: