Civil rights investigations by U.S. Department of Justice

The U.S. Department of Justice (DOJ) investigated the Miami Police Department twice, once beginning in 2002 and once from 2011–2013.^[10][11]

The investigation by DOJ's Civil Rights Division and the U.S. Attorney's Office for the Southern District of Florida that was completed in 2013^[10] was prompted by a series of incidents over eight months in 2011 in which Miami officers fatally shot seven young black men.^[12] The DOJ investigation concluded that the Miami Police Department "engaged in a pattern or practice of excessive use of force through officer-involved shootings in violation of the Fourth Amendment of the Constitution."^[10] The investigation reached many of the same conclusions as the 2002 investigation.^[10] It found that MPD officers had intentionally fired upon individuals on 33 occasions between 2008 and 2011,^[10][12] and that the MPD itself found that the shootings were unjustified on three occasions.^[10] The DOJ also determined that "a number of MPD practices, including deficient tactics, improper actions by specialized units, as well as egregious delays and substantive deficiencies in deadly force investigations, contributed to the pattern or practice of excessive force."^[10] The DOJ found that MPD had failed to "complete thorough, objective and timely investigations of officer-involved shootings" and sometimes failed to reach a conclusion "as to whether or not the officer's firearm discharge was lawful and within policy," which the DOJ cited as a factor that "undermined accountability and exposed MPD officers and the community to unreasonable risks that might have been addressed through prompt corrective action."^[10] The DOJ also found that "a small number of officers were involved in a disproportionate number of shootings, while the investigations into their shootings continued to be egregiously delayed."^[10]

To address the issues it identified, the city negotiated a judicially overseen agreement with the DOJ.^[13][14][12] Former Chief Miguel A. Exposito rejected the DOJ findings, which he called flawed.^[15][16]

A comprehensive settlement agreement between the DOJ and the City of Miami was reached in February 2016; under the agreement, the police department was obligated to take specific steps to reduce the number of officer-involved shootings (through enhanced training and supervision) and to "more effectively and quickly investigate officer-involved shootings that do occur" (through improvements to the internal investigation process and tighter rules for when an officer who shoots may return to work).^[17] Jane Castor, the former police chief of Tampa, Florida, was appointed as the independent monitor to oversee the city's compliance with the reforms.^[17]

Controversy over shooting an unarmed suspect

On December 10, 2013, at approximately 0530 hours, 22 police officers surrounded a suspect from an earlier shooting (police officer shot by suspect) and a second uninvolved person. Police ordered the men to put their hands up and then fired over 50 rounds into the car. Witnesses reported police continued to order the men to raise their hands and when they did fired more rounds into the car. In total 22 police officers fired more than 377 rounds hitting the car, other cars, adjacent buildings, their fellow police officers. The gunfire from the police was sufficient that some officers suffered ruptured eardrums. Witnesses reported that after killing the two men, some of the police were laughing.^[18]

Controversy over officer arrest

On October 11, 2011, MPD Officer Fausto Lopez was speeding and driving erratically when he was caught by a Florida state trooper after a 7-minute chase, with the video going viral on YouTube. The state trooper initially believed that the MPD cruiser had been stolen, so Lopez was arrested at gunpoint and handcuffed. This started a feud between the Florida Highway Patrol and the MPD (who regarded the arrest as an overreaction), involving police blog accusations and insults, posters attacking the state trooper who stopped Lopez, and someone smearing feces on another trooper's patrol car.^[19] An investigation by the South Florida Sun-Sentinel in February 2012 examined SunPass toll records and found that 800 cops from a dozen South Florida agencies drove their cruisers above 90 mph in 2011, mostly while off duty. As a result of the Sun-Sentinel report, 158 state troopers and officers were disciplined, mostly receiving a reprimand and losing their take-home cars for up to six months. Lopez, who was found to have driven 90 mph on more than 80 occasions, was suspended with pay in early July 2012 and terminated from the MPD on September 13, 2012.^[20]

Controversy over shooting unarmed motorist

On February 11, 2011, Miami Police killed an unarmed motorist during a traffic stop and wounded another person in the car. Prosecutors declined to prosecute as they did not think they could say it was provable beyond a reasonable doubt that Miami Officer Reynaldo Goyos could have thought the driver was reaching for a weapon.^[21]

Retaliation against officers who expose wrongdoing

The Miami Community Police Benevolent Association (MCPBA), the city's Black police officers' union, has criticized the MPD for what it says is a culture of retaliation against police officers who blow the whistle on wrongdoing by fellow MPD officers.^[22]

Controversial detention of African American COVID-19 doctor

In April 2020, a Miami Police Sergeant generated controversy by handcuffing and detaining African American doctor Armen Henderson, who was assigned to treat homeless people for COVID-19, outside his home after receiving complaints that people were dumping trash in the area where he was working.^[23][24] Allegations soon surfaced that the matter in which Henderson was handcuffed and detained was in fact a case of racial profiling.^[25] The Miami Police Department eventually agreed to launch an internal investigation into the circumstances surrounding the handcuffing and detention of Henderson.^[26][24]

Sources

•  This article incorporates public domain material from Justice Department Releases Investigative Findings on the City of Miami Police Department and Officer-involved Shootings. United States Department of Justice.