U.S. Department of Justice Investigation Finds Widespread Constitutional Violations by Newark Police Department

The American Civil Liberties Union of New Jersey welcomes the announcement that the City of Newark and the Civil Rights Division of the United States Department of Justice (“DOJ”) have agreed to federal oversight to preside over sweeping reforms of the Newark Police Department (“NPD”). The federal intervention comes in response to a petition filed with the DOJ by the ACLU of New Jersey (“ACLU-NJ”) in September 2010 documenting more than 400 incidents of abuse and misconduct by the Newark Police Department and calling for DOJ oversight.

The DOJ’s report includes the following findings, based on a multi-year federal civil rights investigation of the NPD:

• Widespread violations of the Fourth Amendment, including that up to 75 percent of stop-and-frisks in Newark are unconstitutional;
• Vast racial disparities in policing practices, with black Newarkers bearing the brunt of the police department’s enforcement activities. While black residents comprise 54 percent of Newark’s population, they constitute nearly 80 percent of police stop-and frisks;
• A pattern and practice of excessive use of force by police officers;
• Retaliation against Newarkers for objecting to police actions and for other First Amendment-protected activities;
• Widespread failures of the Newark Police Department’s Internal Affairs process; and
• Theft of property and money by Newark police officers.

“This is a historic moment for Newark, one that could lead to the creation of a police force that is respectful of civil rights and that is accountable to the people of Newark,” said Udi Ofer, Executive Director of the ACLU of New Jersey. “The appointment of an independent monitor to oversee reforms of the Newark Police Department affirms the findings of the ACLU of New Jersey’s 2010 petition documenting widespread civil rights and civil liberties abuses by the Newark Police Department. But today’s historic report by the Justice Department is just the first step, and not the last, toward bringing permanent accountability to the Newark Police Department. In order to ensure that oversight outlasts any one federal monitor, effective reform must include the creation of permanent, independent, and strong civilian oversight of the Newark Police Department.”

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