(CN) — The U.S. Department of Justice on Friday filed to partially terminate a nine-year-old consent decree with the Albuquerque Police Department over excessive force and constitutional violations.
The federal government first sued the police department in 2014 after finding “a pattern or practice of use of excessive force, including deadly force, in violation of the Fourth Amendment.”
The parties entered a settlement agreement in November 2014 with an independent monitor tracking the police department’s progress in developing policies and training.
“Our filing with the court demonstrates that the Justice Department’s consent decree has been critical to driving real reform and moving the Albuquerque Police Department toward the goal of ensuring effective and constitutional policing,” said Assistant Attorney General Kristen Clarke in a statement.
Under the updated settlement, the monitor will stop reviewing the operational goals that the police department has met for two consecutive years.
According to the 10-page-motion, the Albuquerque Police Department has satisfactorily met about a third of the mandated reforms, including creating specialized tactical and investigative units, implementing field training evaluations and giving the public a means to file complaints.
This past April, the federal government commended the city’s civilian-driven crisis response programs which over the last nine years, more than 15,000 emergency calls reporting incidents of mental health, substance abuse and homelessness away from the police a city cabinet-level department.
Still other aspects of the consent decree remain under the monitor’s review and advocates say there is still room for improvement.
“We are pleased with any progress that APD makes to correct its pattern of violating the rights of our community,” said Daniel Williams, ACLU of New Mexico's Policing Policy Advocate, via email. “However, the department continues to struggle to comply with some of the most important provisions of the CASA. As our neighbors continue to die at the hands of the police, we urge the City of Albuquerque to double down on reforms that will keep all of us safe.”
When the consent decree first went into effect in 2014, the Albuquerque Police Department had reported 40 police shootings dating back to 2009.
In 2022, the city reported a record 17 police shootings and a total 53 police shootings dating back to 2018.
“I'm glad that at least some provisions are remaining in place,” said Lauren Bonds, executive director the nonprofit National Police Accountability Project, over the phone. “Consent decrees can get police departments on the right path, but at the end of the day, it really is on the department to commit to the changes and get buy in from the rank and file officers.”
The city of Albuquerque is represented by attorney Taylor Rahn, who practices with the firm Robles Rael & Anaya.
The motion is subject to approval from U.S. District Judge James Browning, a George W. Bush appointee.
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