Trump DOJ places civil rights cases in limbo as Worcester PD negotiates reform deal
'We know that we're going to have leadership in those agencies that are no longer allies,' Hall said. 'We know that we are going to have a heavier burden to carry.'
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In his first administration and on the 2024 campaign trail, Trump
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It is a track record that advocates say could have repercussions for those harmed by corrupt policing.
Just two of the 12 policing investigations launched during the Biden administration have led to settlements, and both are still in need of final approval by a federal judge. Those departments, in Minneapolis and Louisville,
Howard Friedman, a Brookline-based attorney with decades of experience litigating police brutality claims, said he thinks the new administration will not launch new police misconduct investigations, and may scuttle settlements negotiated by the Biden administration.
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'I know that in places where they were near consent decrees, some cities were delaying agreeing because they were figuring they would get a better deal or might not have to get a consent decree under the new administration,' Friedman said.
In Massachusetts, the DOJ's Civil Rights Division is currently negotiating a settlement with the City of Worcester after an investigation found a
Worcester Police Public Information Officer Sean Murtha told the Globe his department 'is still meeting with the DOJ at this time.' Federal officials have not confirmed if those negotiations will proceed as previously planned under the Biden administration.
'As the United States Attorney I am responsible for supporting the mission of the Department of Justice which includes implementing policy consistent with federal law,' Massachusetts US Attorney Leah B. Foley said in response to questions about the Worcester investigation. 'We are reviewing the order and will comply with its directive. Additionally, we do not discuss the status of cases or internal deliberations publicly.'
The DOJ's press office in Washington, D.C., declined to comment.
Friedman said he does not expect the DOJ's new leadership to follow through on creating a consent decree in Worcester.
'The question would be, would Worcester on their own decide to make changes?' Friedman said. 'If they're not going to do it on their own, the question is what's going to happen?'
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The Biden and Obama administrations relied on the DOJ's Civil Rights Division to conduct broad investigations of police departments accused of discrimination, excessive force, or other unconstitutional law enforcement. Sometimes those inquiries, called 'pattern or practice' investigations, were launched in response to high-profile police killings, such as the death of George Floyd in Minneapolis in 2020. More commonly they uncovered lesser-known patterns of misconduct, like discrimination against Latino drivers in East Haven, Conn., and unjustified arrests of school children in Meridian, Miss.
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Once the DOJ finds a pattern of violations, prosecutors and the targeted agency typically negotiate a 'consent decree' — a binding reform agreement, monitored and enforced by a federal judge. These agreements generally last years, grant monitors access to the inner workings of police departments, and can mandate large-scale changes in policies and training. Opponents have criticized them as expensive and burdensome for law enforcement agencies.
Obama's DOJ launched 21 pattern-or-practice investigations, according to
In contrast, during Trump's first term, the DOJ investigated just one department: Springfield, Mass. The DOJ found that officers in Springfield's narcotics bureau exhibited a pattern of excessive force, and prosecutors reached a
Pam Bondi, Trump's
In 2017, Trump's newly confirmed attorney general, Jeff Sessions, said the DOJ would 'pull back' on civil rights suits against police departments, adding he would not approve consent decrees that would 'cost lives by handcuffing the police rather than handcuffing the criminals.' In 2020, the
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Hall and Friedman said civil rights attorneys and advocates will likely have to rely on other means for addressing police misconduct, including private lawsuits, state and local police oversight bodies, and enforcement by Massachusetts Attorney General Andrea Campbell.
Massachusetts' 2020 police reform law gave the state attorney general the power to conduct its own pattern or practice investigations of local law enforcement agencies. Campbell took office in 2023 pledging to create a police accountability unit within her agency. As of September 2024, that unit was still ramping up operations and seeking its first director.
'That's been a slow rollout,' Hall said. 'We would love to see AG Campbell's office be more intentional and more forceful in the police misconduct and police accountability arena to help fill that void.'
Campbell's office said in a statement that the police unit's work is 'well underway,' and is being led by a deputy director while the search for a director continues.
Material from the Associated Press was used in this report.
Dan Glaun can be reached at
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