The overlaps and differences between the Minneapolis police federal, state consent decrees

For the second time, the city of Minneapolis has entered into a legally-binding agreement to overhaul policing — this time on the federal level. It follows a state-level settlement that took effect in March. There’s a lot of overlap between the two, but the federal agreement goes much further.

Council members signed off Monday on a consent decree with the U.S. Department of Justice. The federal consent decree formalizes many policies that the police department put in place when the world’s attention was on Minneapolis after George Floyd’s murder in 2020 that are also in the settlement with the Minnesota Department of Human Rights.  

Chokeholds are banned and neck restraints are banned, and the police chief must approve any use of tear gas for crowd control. 

The consent decree also requires officers to speak up anytime they see a colleague violating someone’s rights, no matter the ranks of those involved. This is already part of the oath that new officers take:

“You shall intervene in protest both verbally and physically if you witness anyone violating another’s rights. That you recognize those you serve as members of the human family worthy of dignity and respect.”

There are also restrictions and reporting requirements on the use of force, and investigations of serious misconduct must continue even after an officer quits or retires.

Longtime police reform activist Michelle Gross said there’s a lot in the federal agreement that’s not in the state version, because the Hennepin County judge overseeing it is limited to enforcing state law. 

Gross said one thing that stands out is that the federal consent decree gives real power to the civilian oversight board.

“If the Office of Police Conduct Review, the panel, finds that discipline is appropriate, the chief actually has to give that discipline. There’s no more option to ignore their recommendations,” Gross said.

Gross also notes that the federal agreement prohibits police from assigning moonlighting jobs to higher-ranking colleagues. That’s something that gave former officer Derek Chauvin — who’s in prison for killing George Floyd — power to dole out after-hours security gigs to his superiors.

“When you control other people’s income, you will never have a problem with those other people because they’re never going to challenge you,” Gross said.

The federal agreement adds strong protections for the First Amendment rights of protesters and journalists. It also strengthens oversight of police department supervisors, who are required to have at least 40 hours of management training. 

MPR News sought comment on the consent decree from the Minneapolis Police Federation, which represents officers, but the union has yet to publicly express an opinion on it. 

Civil rights attorney Nekima Levy Armstrong said she’s happy with the new agreement, particularly its prohibitions on escalating conflicts, the discouragement of handcuffing children under 14, and detailed requirements for using force.

“In the consent decree, they made sure to say that force has to be reasonable, necessary and proportionate,” Levy Armstrong said. “So to me, even how they broke down the use of force policies and expectations, that sets a heightened standard.”

Levy Armstrong said she’ll be watching to see that department leaders follow through on the agreement, especially in the way they handle misconduct complaints. 

She’s also concerned that the federal judge assigned to enforce the consent decree may not approve it before President-elect Donald Trump is sworn in on Jan. 20. In his first term, the Republican opposed Justice Department oversight of law enforcement, calling it a “war on police.” 

“My prayer is that the judge will work expeditiously to review this document and will make a decision given the widespread agreement that seems to exist,” Levy Armstrong said.

U.S. District Judge Paul Magnuson has not indicated when he might review the consent decree, nor has he scheduled any hearings on it. 

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