DoJ Review of San Francisco Police Finds 'Institutional Bias' Against Minorities

By Julia Carrie Wong, Guardian UK

13 October 16

 

The justice department’s report criticizes the handling of controversial police shootings and scandals involving officers exchanging bigoted text messages

he US Department of Justice is recommending that the San Francisco police department implement 272 reforms following a six-month investigation that found “numerous indicators of implicit and institutionalized bias against minority groups.”

The report criticized SFPD’s handling of high-profile incidents including controversial police shootings and two scandals involving officers exchanging bigoted text messages.

“We found a department with concerning deficiencies in every operational area assessed: use of force; bias; community policing practices; accountability measures; and recruitment, hiring, and promotion practices,” wrote Ronald L Davis, the director of the DoJ’s office of community oriented policing services, which undertook the investigation in collaboration with SFPD.

The DoJ review was initiated in February at the request of the police chief and mayor, following community outrage over the December 2015 fatal police shooting of Mario Woods and the revelations of racist and homophobic text messages exchanged by police officers.

From May 2013 to May 2016, nine out of 11 individuals fatally shot by police were people of color. Investigations into all but one of those cases remain ongoing.

“It is unacceptable for officer-involved shooting investigations to remain open for years,” the report reads.

The department’s response to the two bigoted text message scandals – investigating and disciplining the officers involved – was also inadequate, the report states:

“Given the nature of the officers’ open and flagrant behavior, the SFPD should have considered that this may be an institutionalized problem and taken steps to address the behavior from an organizational perspective … Officers would not have used such hateful and intolerant language if it were culturally unacceptable.”

SFPD should have audited all officers’ department-issued electronic communications for evidence of bias as soon as it learned of the bigoted text messages, the report states, and should undertake regular “bias audits” going forward.

The report also analyzed data on SFPD traffic stops, and found that African American drivers were disproportionately stopped, searched and arrested compared with white drivers. Black and Latino drivers were more likely to be searched during a traffic stop, and less likely to be found with contraband, compared with white drivers.

Despite the findings of disparities, the report states that “there is no evidence that explicit bias is widespread”. The report praised the department’s willingness to address bias and implement reforms.

“With today’s release of the complete COPS report, we remain firmly committed to implementing the recommendations of the DoJ to increase transparency and public trust and to meet national best practice standards for community policing,” the department said in a statement.

“I’m proud to report that the San Francisco Police Department will accept and implement every, single recommendation,” said Mayor Ed Lee in a statement. “We must restore trust, and these measures are important steps forward.”

Other recommendations by the DoJ include the prohibition of carotid restraints, a kind of chokehold, increased transparency on officer discipline, and improved collection of data on use of force and complaints.

The department said that it was seeking “local academic institutions as potential partners” to improve its data practices.

The report also recommends that San Francisco “strongly consider deploying ECWs” – electronic control weapons, or stun guns. ECWs are highly controversial in San Francisco, which remains one of the only cities in the United States not to allow police officers to carry Tasers.

The collaborative review process is not binding, unlike DoJ civil rights division investigations – such as those undertaken in Ferguson, Missouri, Baltimore, and Cleveland – which can result in court-monitored legal settlements.

“I wanted an unflinching, unsparing review – and I’m glad we got it,” said Suzy Loftus, president of the San Francisco police commission, in a statement.

“The police commission will require the SFPD to adopt the recommendations from the report and provide monthly progress updates to the police commission,” added Julius Turman, vice-president of the commission.