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KKK IN THE PD:

WHITE SUPREMACIST POLICE AND WHAT TO DO ABOUT IT
by
Vida B. Johnson
There is an epidemic of white supremacists in police departments. Police offic-

ers have been identified as members of white supremacist groups in Florida,
Alabama and Louisiana. There have been scandals in over 100 different police
departments, in over forty different states, in which individual police officers
have sent overtly racist emails, texts, or made racist comments via social media.
This is a nation-wide problem. It is one that is not limited to just beat officers;
some of these shocking occurrences have even involved high-ranking members
of their respective police forces.
Although the F.B.I. warned of white supremacists infiltrating police depart-
ments in 2006, the denial of the problem has only enabled it to continue seem-
ingly unabated.
While there have been some moderate successes in criminal justice reform in
the last decade, the existence of white supremacists in police departments ham-
per that success. Frequent incidents of overt police racism, and the ensuing
media reports about them, make the general public, and particularly people of
color, less likely to see racism at the hands of the police and criminal justice
system as unconscious and more likely to view it as purposeful. These legitimate
fears further diminish the criminal justice system in the eyes of the people to
whom it is most harsh.
As tensions mount between communities of color and police, public opinion of
police is low. A third of Americans have an unfavorable opinion of police. The
number is even higher among African Americans: 60% have an unfavorable
view of law enforcement. This dispiriting relationship threatens the reputation
of the criminal justice system, the physical safety of certain communities and
the very fabric of our country. Without swift action by state and federal law
enforcement, things will only get worse. The problem cannot be overstated. So
far, however, this problem has not attracted many solutions.
*
Professor from Practice, Georgetown Law. Thanks to Jonathan Anderson, Kris Henning,
Robin Walker-Sterling, and Abbe Smith for their thoughtful comments. Many thanks to Colleen
Cullen and Alexandra Douglas for tireless research help.
205
206 LEWIS & CLARK LAW REVIEW [Vol. 23:1
One tool that could be employed to address the problem is a more expansive
enforcement of the Brady doctrine. Prosecutors could be required to seek out
information about police officers and disclose that information to the defense
when they learn that an officer holds these biases. The Supreme Court has long
held that the government must disclose any information that is favorable to
the defense. There is no doubt that membership in a hate group or ascribing
to racist beliefs would be fodder for cross-examination of an officer and useful
to the defense.
The Supreme Court has established that the government cannot avoid know-
ing information that is favorable to the defense. And police departments are
considered the government for Brady purposes. The Supreme Court has never
ruled on the issue of whether membership by a government witness in a hate
group would be Brady material. Some courts have already found that evidence
of racial animus should be disclosed to the defense by the government. By tak-
ing Brady seriously and searching for racist police officers, indigent criminal
defendants will get fairer trials, the public will be informed of problem officers
through public trials, and police and prosecutors get the opportunity to identify
problematic police officers and take action to rid the force of these officers.
Introduction .................................................................................................... 206

I. Hate Groups and the Police .................................................................. 213
II. Racism in Police Departments .............................................................. 216
III. Racist Views ......................................................................................... 221
IV. Racist Deeds ......................................................................................... 228
V. Racial Bias in the Criminal Law ............................................................ 232
VI. Brady and Racial Bias ............................................................................ 234
VII. Other Solutions .................................................................................... 238
Conclusion....................................................................................................... 241
Appendix ......................................................................................................... 243
INTRODUCTION
For years many have argued that our criminal justice system is biased against
people of color.1 While now there seems to be agreement among most that the sys-
tem has been disproportionately applied against communities of color, recently the
1
See, e.g., William Y. Chin, Racial Cumulative Disadvantage: The Cumulative Effects of Racial
Bias at Multiple Decision Points in the Criminal Justice System, 6 WAKE FOREST J.L. & POL’Y 441,
442–43 (2016); John Tyler Clemons, Blind Injustice: The Supreme Court, Implicit Racial Bias, and
the Racial Disparity in the Criminal Justice System, 51 AM. CRIM. L. REV. 689, 689–90 (2014);
Gary Ford, The New Jim Crow: Male and Female, South and North, from Cradle to Grave,
Perception and Reality: Racial Disparity and Bias in America’s Criminal Justice System, 11 RUTGERS
RACE & L. REV. 323, 365 (2010); Bill Quigley, Fourteen Examples of Racism in Criminal Justice
2019] KKK IN THE PD 207
only question has been whether this has happened by design or unwittingly by
mostly good institutional actors.2 At the same time that this conversation has taken
place amongst academics, over the last several years there has been an alarming rise
in hate groups and hate crimes in the United States.3 For many years scholars and
law enforcement have been sounding the alarm about far-right extremism in this
country.4 Particularly since the 2008 election of Barack Obama as president, the
hate crime and hate group numbers have skyrocketed.5 The election of Donald
Trump in 2016 has seen numbers rise even further.6
Appalling incidents of violence like those in Charlottesville, where a young
woman was killed and 19 others were injured in 2017,7 the horrifying mass shooting
in Charleston, South Carolina at a landmark black church that killed nine and
wounded others in 2015,8 the attack that killed two men in Portland who saved a
System, HUFFINGTON POST (July 26, 2010), http://www.huffingtonpost.com/bill-quigley/

fourteen-examples-of-raci_b_658947.html.
2
See MICHELLE ALEXANDER, THE NEW JIM CROW: MASS INCARCERATION IN THE AGE OF
COLORBLINDNESS 1–2 (rev. ed. 2012); JAMES FORMAN, JR., LOCKING UP OUR OWN: CRIME AND
PUNISHMENT IN BLACK AMERICA 14 (1st ed. 2017); Paul Butler, The System Is Working the Way
It Is Supposed To: The Limits of Criminal Justice Reform, 104 GEO. L.J. 1419, 1424 (2016).
3
See infra Section II.
4
Robin D. Barnes, Blue by Day and White by (K)night: Regulating the Political Affiliations of
Law Enforcement and Military Personnel, 81 IOWA L. REV. 1079, 1087 (1996); see also EXTREMISM
& RADICALIZATION BRANCH, HOMELAND ENVIRONMENT THREAT ANALYSIS DIV., OFFICE OF
INTELLIGENCE & ANALYSIS, U.S. DEP’T OF HOMELAND SEC., RIGHTWING EXTREMISM: CURRENT
ECONOMIC AND POLITICAL CLIMATE FUELING RESURGENCE IN RADICALIZATION AND
RECRUITMENT 2 (2009), https://fas.org/irp/eprint/rightwing.pdf; Alan W. Clarke, The Ku Klux
Klan Act and the Civil Rights Revolution: How Civil Rights Litigation Came to Regulate Police and
Correctional Officer Misconduct, 7 SCHOLAR 151, 154–55 (2005); Colbert I. King, The U.S. Has
a Homegrown Terrorist Problem—and It’s Coming from the Right, WASH. POST (May 26, 2017),
https://www.washingtonpost.com/opinions/the-us-has-a-homegrown-terrorist-problem—and-
its-coming-from-the-right/2017/05/26/10d88bba-4197-11e7-9869-bac8b446820a_story.html;
Charles Kurzman & David Schanzer, The Growing Right-Wing Terror Threat, N.Y. TIMES (June
16, 2015), https://www.nytimes.com/2015/06/16/opinion/the-other-terror-threat.html.
5
See Matthew Bigg, Election of Obama Provokes Rise in U.S. Hate Crimes, REUTERS (Nov.
24, 2008), https://www.reuters.com/article/us-usa-obama-hatecrimes-idUSTRE4AN81U20081124.
6
See Melanie Eversley, Report: Anti-Muslim Groups Triple in U.S. Amid Trump Hate
Rhetoric, USA TODAY (Feb. 15, 2017), https://www.usatoday.com/story/news/2017/02/15/
report-anti-muslim-groups-triple-us-amid-trump-hate-rhetoric/97914684/; Phil McCausland,
Huge Growth in Anti-Muslim Hate Groups During 2016: SPLC Report, NBC NEWS (Feb. 16,
2017), http://www.nbcnews.com/news/us-news/huge-growth-anti-muslim-hate-groups-during-
2016-splc-report-n721586.
7
Sheryl Gay Stolberg & Brian M. Rosenthal, Man Charged After White Nationalist Rally in
Charlottesville Ends in Deadly Violence, N.Y. TIMES (Aug. 12, 2017), https://www.nytimes.
com/2017/08/12/us/charlottesville-protest-white-nationalist.html.
8
Robert Costa et al., Church Shooting Suspect Dylann Roof Captured Amid Hate Crime
Investigation, WASH. POST (June 18, 2015), https://www.washingtonpost.com/news/morning-
young Muslim woman on a train in 2017,9 and the murder by a white supremacist
of a black man in New York City in 201710 have gripped the nation. When vulner-
able minority groups feel threatened one would imagine there would be a desire to
seek protection from law enforcement and their government.
Unfortunately, this significant rise in hate group membership and hate ideol-
ogy is seen not just in the public but within law enforcement as well. Newer white
supremacist organizations have focused on veterans,11 college students12 and infil-
trating police departments.13 Communities of color feel they cannot seek safety by
calling police. Many in communities of color already are afraid of police because of
the killings of unarmed blacks and other minorities that have been making headlines
for decades but particularly since the killings in Ferguson,14 Staten Island,15 Cincin-
nati16 and elsewhere.17 Some see racism as the cause of this violence against people
mix/wp/2015/06/17/white-gunman-sought-in-shooting-at-historic-charleston-african-ame-
church/?utm_term=.ac9fe2efb2d1; Melanie Eversley, 9 Dead in Shooting at Black Church in
Charleston, S.C., USA TODAY (June 17, 2015), https://www.usatoday.com/story/news/nation/
2015/06/17/charleston-south-carolina-shooting/28902017/.
9
Thacher Schmid, White Supremacist Arrested in Fatal Stabbing of Two Men After Anti-
Muslim Rant in Portland, L.A. TIMES (May 27, 2017), http://www.latimes.com/nation/
nationnow/la-na-portland-stabbing-20170527-story.html.
10
Ashley Southall, White Suspect in Black Man’s Killing is Indicted on Terror Charges, N.Y.
TIMES (Mar. 27, 2017), https://www.nytimes.com/2017/03/27/nyregion/timothy-caughman-
james-harris-jackson-terrorism.html.
11
See Daniel Trotta, U.S. Army Battling Racists Within Its Own Ranks, REUTERS (Aug. 20,
2012), http://www.reuters.com/article/us-usa-wisconsin-shooting-army-idUSBRE87K04Y20120821.
12
See Anti-Defamation League, White Supremacists Making Unprecedented Effort on U.S.
College Campuses to Spread Their Message, Recruit, ADL (Mar. 6, 2017), https://www.adl.
org/news/press-releases/adl-white-supremacists-making-unprecedented-effort-on-us-college-
campuses-to; White Supremacists Trying to Recruit on College Campuses, NPR (Apr. 8, 2017),
http://www.npr.org/2017/04/08/523103224/white-supremacists-trying-to-recruit-on-college-
campuses.
13
See Kenya Downs, FBI Warned of White Supremacists in Law Enforcement 10 Years Ago.
Has Anything Changed?, PBS NEWS HOUR (Oct. 21, 2016), http://www.pbs.org/newshour/
rundown/fbi-white-supremacists-in-law-enforcement/.
14
Eliott C. McLaughlin, What We Know About Michael Brown’s Shooting, CNN (Aug. 15,
2014), http://www.cnn.com/2014/08/11/us/missouri-ferguson-michael-brown-what-we-know/
index.html.
15
Benjamin Mueller, Review Board Recommends Stiffest Punishment for Officer in Garner
Case, N.Y. TIMES (Sept. 8, 2017), https://www.nytimes.com/2017/09/08/nyregion/eric-garner-
chokehold-review-board.html.
16
Richard Pérez-Peña, University of Cincinnati Officer Indicted in Shooting Death of Samuel
Dubose, N.Y. TIMES (July 29, 2015), https://www.nytimes.com/2015/07/30/us/university-of-
cincinnati-officer-indicted-in-shooting-death-of-motorist.html.
17
See infra notes 19–20 and accompanying text.
of color at the hands of police.18 For the most part, local law enforcement has al-
lowed the killing of unarmed blacks to go on with few officers being prosecuted for
these murders.19 The few that are prosecuted are almost always acquitted.20 With a
18
Cleve R. Wootson, Jr., Yesterday’s Ku Klux Klan Members Are Today’s Police Officers,
Councilwoman Says, WASH. POST (Oct. 11, 2016), https://www.washingtonpost.com/news/
local/wp/2016/10/11/yesterdays-ku-klux-klan-members-are-todays-police-officers-
councilwoman-says/?utm_term=.480cc30b6411.
19
See, e.g., Josh Hafner, Police Killings of Black Men in the U.S. and What Happened to the
Officers, USA TODAY (Mar. 20, 2018), https://www.usatoday.com/story/news/nation-
now/2018/03/29/police-killings-black-men-us-and-what-happened-officers/469467002/; Ryan
Martin, Fallout from Merit Board’s Aaron Bailey Decision Ripples Across Indianapolis, INDYSTAR
(May 11, 2018), https://www.indystar.com/story/news/crime/2018/05/11/aaron-bailey-
shooting-impd-merit-board-indianapolis/601759002/; Alton Mitchell, Man Dies Following Police
Shooting in East Alabama, THE LAFAYETTE SUN (May 10, 2017), http://
thelafayettesun.com/man-dies-following-police-shooting-in-east-alabama/; Madison Park, Police
Shootings: Trials and Convictions Are Rare, CNN (Mar. 27, 2018), https://www.cnn.com/2017/
05/18/us/police-involved-shooting-cases/index.html; John Richmeier, More Details Released
About Shooting, LEAVENWORTH TIMES (July 12, 2017), http://www.leavenworthtimes.com/news/
20170712/more-details-released-about-shooting.
20
See, e.g., Jane Fritsch, The Diallo Verdict: The Overview; 4 Officers in Diallo Shooting Are
Acquitted of All Charges, N.Y. TIMES (Feb. 26, 2000), http://www.nytimes.com/2000/02/26/
nyregion/diallo-verdict-overview-4-officers-diallo-shooting-are-acquitted-all-charges.html?
mcubz=2; Faith Karimi et al., Tulsa Officer Acquitted in Fatal Shooting of Terence Crutcher, CNN
(May 18, 2017), http://www.cnn.com/2017/05/17/us/tulsa-police-shooting-trial/index.html;
Kevin Rector, Charges Dropped, Freddie Gray Case Concludes with Zero Convictions Against Officers,
BALTIMORE SUN (July 27, 2016), http://www.baltimoresun.com/news/maryland/freddie-gray/bs-
md-ci-miller-pretrial-motions-20160727-story.html; see also Steve Almasy et al., No Federal
Charges Against Officers in Alton Sterling Death, CNN (June 27, 2017), http://www.cnn.com/
2017/05/03/us/alton-sterling-doj-death-investigation/index.html; Steve Almasy & Jamiel Lynch,
Perjury Charge Against Former Trooper in Sandra Bland Case Dismissed, CNN (June 28, 2016),
http://www.cnn.com/2017/06/28/us/sandra-bland-brian-encinia-perjury-case-dismissed/index.html;
Mark Berman, Mistrial Declared in Case of South Carolina Officer Who Shot Walter Scott After
Traffic Stop, WASH. POST (Dec. 5, 2016), https://www.washingtonpost.com/news/post-nation/
wp/2016/12/05/mistrial-declared-in-case-of-south-carolina-officer-who-shot-walter-scott-after-
traffic-stop/?utm_term=.fc5375c72935; Jess Bidgood & Richard Pérez-Peña, Mistrial in
Cincinnati Shooting as Officer Is Latest Not to Be Convicted, N.Y. TIMES (June 23, 2017),
https://www.nytimes.com/2017/06/23/us/raymond-tensing-samuel-dubose-cincinnati.html?
mcubz=2; Larry Celona et al., Cop Cleared in Chokehold Death of Eric Garner, N.Y. POST (Dec.
3, 2014), http://nypost.com/2014/12/03/cop-cleared-in-eric-garner-chokehold-death/; Erik Eckholm
& Matt Apuzzo, Darren Wilson Is Cleared of Rights Violations in Ferguson Shooting, N.Y. TIMES
(Mar. 4, 2015), https://www.nytimes.com/2015/03/05/us/darren-wilson-is-cleared-of-rights-
violations-in-ferguson-shooting.html?mcubz=2; Kay Nolan & Julie Bosman, Milwaukee Officer Is
Acquitted in Killing of Sylville Smith, N.Y. TIMES (June 21, 2017), https://www.nytimes.com/
2017/06/21/us/milwaukee-police-shooting-trial-protest.html?mcubz=2; Ray Sanchez, Ray Tensing
Retrial: Mistrial Declared for 2nd Time After Jury Deadlocks, CNN (June 23, 2017),
http://www.cnn.com/2017/06/23/us/cincinnati-ray-tensing-retrial/index.html; Mitch Smith,
Minnesota Officer Acquitted in Killing of Philando Castile, N.Y. TIMES (June 16, 2017),
weak civil rights division of the Department of Justice under President Trump,21
communities of color are unlikely to see any federal prosecution of law enforcement
for unarmed shootings of black citizens, much less hate crimes.
Chillingly, since 2009 there have been a number of instances of police officers
being identified as members of white supremacist groups in Florida, Alabama, and
Louisiana.22 In that same period, there have been scandals in over a 100 different
police departments, in 49 different states where individuals have sent overtly racist
emails, texts, or made racist comments via social media.23 In some cases these dis-
turbing comments have been made to other officers; in other instances comments
have been made on public social media platforms. This appears to be a nation-wide
problem. This problem is not limited just to beat officers, some of these shocking
occurrences have even involved high-ranking members of their respective police
forces.24
Some of these biases held by police officers are longstanding ones which existed
before the individual became an officer. In many instances, the officer attempts to
hold these biases secret so departments may not know when an officer may hold
racist beliefs.25 Civilians, as well as law enforcement, may not comprehend the scope
of the problem. In some circumstances police officers harboring racist ideologies
purposefully set out to influence other white officers that do not hold these views.26
Some officers may become recruited into hate groups while in the department by
their fellow officers.27 Other officers may simply become so immersed in the culture
of the police department that they may not even know that the views being expressed
are ones based on white supremacy. In any event, people who hold white suprema-
cist belief systems have no place being entrusted to enforce our nation’s laws.
Although the F.B.I. warned of white supremacist infiltrating police department
https://www.nytimes.com/2017/06/16/us/police-shooting-trial-philando-castile.html?mcubz=2;
Timothy Williams & Mitch Smith, Cleveland Officer Will Not Face Charges in Tamir Rice Shooting
Death, N.Y. TIMES (Dec. 28, 2015), https://www.nytimes.com/2015/12/29/us/tamir-rice-police-
shootiing-cleveland.html?mcubz=2.
21
Adam Serwer, Jeff Session’s Agenda for the Civil-Rights Division, THE ATLANTIC (May 25,
2017), https://www.theatlantic.com/politics/archive/2017/05/civil-rights-sessions/528126/.
22
See infra Section III.
23
Id.
24
Id.
25
See, e.g., Alice Speri, The FBI Has Quietly Investigated White Supremacist Infiltration of
Law Enforcement, THE INTERCEPT (Jan. 31, 2017), https://theintercept.com/2017/01/31/the-fbi-
has-quietly-investigated-white-supremacist-infiltration-of-law-enforcement/.
26
Associated Press, Florida Town Stunned by News of Police Department’s KKK Ties, TAMPA
BAY TIMES (July 21, 2014), https://www.tampabay.com/news/publicsafety/florida-town-
stunned-by-news-of-police-kkk-ties/2189339.
27
See Texas Officers Fired for Membership in KKK, ABC NEWS (June 21, 2001),
https://abcnews.go.com/US/story?id=93046&page=1.
in 2006,28 the denial of the problem by local police brass has only enabled it to
continue seemingly unabated. It seems that few departments are acknowledging the
matter or taking any serious steps to curb this frightening problem. When an officer
is identified as holding racist beliefs, police departments often claim that he or she
was a “lone-wolf” and downplay any possibility that these beliefs are held by others
in the department.29 This false narrative that we live in a color-blind world and there
is no racial bias in police department persists. Because of this storyline that these
biases do not exist in departments, few steps are taken to curb these biases or identify
officers who carry them.
While there have been some successes in criminal justice reform,30 the existence
of white supremacists in police departments hampers that success. The system can
never achieve its purported goal of fairness while white supremacists continue to
hide within police departments. Of course, people of color experience racism by
28
See COUNTERTERRORISM DIV., FED. BUREAU OF INVESTIGATION, WHITE SUPREMACIST
INFILTRATION OF LAW ENFORCEMENT 3–4 (2006).
29
See, e.g., Christopher Brennan, Kentucky Police Officer Suspended After Racist Facebook
Meme About Black Crime, N.Y. DAILY NEWS (July 14, 2016), http://www.nydailynews.com/
news/national/kentucky-police-officer-suspended-racist-facebook-meme-article-1.2710936
(“‘Every day the men and women of Metro Corrections work to strengthen race relations in this
community. Sgt. Hale’s social media decision has hurt those good efforts,’ Louisville Corrections
director Mark Bolton said in a statement Wednesday.”); Helen Eckinger, Fruitland Park Cop
Quits After He’s Linked to Ku Klux Klan, ORLANDO SENTINEL (Feb. 7, 2009), http://articles.
orlandosentinel.com/2009-02-07/news/kkkcop07_1_klan-kkk-fruitland-park (“Isom said no
other Fruitland Park officers were involved in the Klan with Elkins. ‘I can guarantee you that none
of my police officers who work here are members of the KKK,’ Isom said.”); Scott Glover & Dan
Simon, ‘Wild Animals’: Racist Texts Sent by San Francisco Police Officer, Documents Show, CNN
(Apr. 26, 2016), https://www.cnn.com/2016/04/26/us/racist-texts-san-francisco-police-
officer/index.html (“The chief reiterated he has ‘no tolerance for officers who hold such
reprehensible views.’”); Shawn Ley, Canton Officer Suspended Amid Investigation into Alleged Racist
Facebook Comment, CLICK ON DETROIT (Nov. 11, 2016), https://www.clickondetroit.com/
news/canton-officer-suspended-amid-investigation-into-alleged-racist-facebook-comment (“‘The
Canton Public Safety Department holds our employees to the highest of standards, and this type
of behavior is not representative of the beliefs or core values of this organization,’ a spokesman
said.”).
30
See, e.g., Christopher Ingraham, Here’s How Legal Pot Changed Colorado and Washington,
WASH. POST (Oct. 13, 2016), https://www.washingtonpost.com/news/wonk/wp/2016/10/13/
heres-how-legal-pot-changed-colorado-and-washington/?utm_term=.1189c0d6e7bb; So Far, So
Good: What We Know About Marijuana Legalization in Colorado, Washington, Alaska, Oregon and
Washington, D.C., DRUG POL’Y ALLIANCE (Oct. 13, 2016), http://www.drugpolicy.org/resource/
so-far-so-good-what-we-know-about-marijuana-legalization-colorado-washington-alaska-oregon;
Treatment Courts Work, NAT’L ASS. OF DRUG COURT PROFESSIONALS, http://www.nadcp.org/
treatmentcourts/; see generally CTR. FOR HEALTH & JUSTICE AT TASC, A NATIONAL SURVEY OF
CRIMINAL JUSTICE DIVERSION PROGRAMS AND INITIATIVES (2013), http://www2.
centerforhealthandjustice.org/sites/www2.centerforhealthandjustice.org/files/publications/CHJ
%20Diversion%20Report_web.pdf.
police officers, both implicit and explicit. These incidents of racial animus some-
times make the headlines.31 With news stories about police racism continuing con-
sistently the general public, and particularly people of color, are less likely to see
racism at the hands of the police and criminal justice system as unconscious and
more likely to view it as purposeful. These legitimate fears further diminish the
criminal justice system in the eyes of the people to whom it is most harsh.
The lack of feelings of safety and security in communities of color coupled with
the rise of tensions with police have created a dispiriting relationship between police
and the communities they are sworn to serve. White people are overrepresented on
police forces in most major cities.32 This exacerbates the problem as people of color
do not see themselves reflected in their local police departments. Public opinion of
police is low with a third of Americans not having a favorable opinion of police—
the number is even lower when limited to African Americans with 60% having an
unfavorable view of law enforcement.33 This tension threatens the reputation of the
criminal justice system, the physical safety of certain communities and the very fab-
ric of our country. Without swift action by state and federal law enforcement things
will only get worse. The problem cannot be overstated. So far, however, this prob-
lem has not attracted many solutions.
One tool that could be employed to aid criminal defendants as well as the entire
criminal justice system is to use the Brady doctrine34 to seek out information about
police officers and disclose to the defense that a particular officer holds these biases.
The Supreme Court has long held that the government must disclose any infor-
mation that is favorable to the defense.35 There is certainly no doubt that member-
ship in a hate group or ascribing to racist beliefs would be fodder for cross-exami-
nation of an officer and useful to the defense. The 1990s O.J. Simpson double-
murder trial is an example of how jurors can be so turned off by an officer’s racism
that they question the officer’s veracity and role in the investigation. In that case,
the officer’s “racist past became a focal point” in the trial.36
31
See Sections II–IV.
32
See Jeremy Ashkenas & Haeyoun Park, The Race Gap in America’s Police Departments,
N.Y. TIMES (Apr. 8, 2015), https://www.nytimes.com/interactive/2014/09/03/us/the-race-gap-
in-americas-police-departments.html.
33
Emily Ekins, Policing in America: Understanding Public Attitudes Toward the Police. Results
from a National Survey, CATO INSTITUTE (Dec. 7, 2016), https://www.cato.org/
publications/working-paper/policing-america-understanding-public-attitudes-toward-police-
results.
34
Brady v. Maryland, 373 U.S. 83, 87 (1963).
35
Id.
36
V. Dion Haynes, Fuhrman Bargains Out of Jail Time, CHI. TRIBUNE (Oct. 3, 1996),
http://articles.chicagotribune.com/1996-10-03/news/9610030184_1_detective-mark-fuhrman-
mr-fuhrman-simpson-civil-trial.
The Supreme Court has established that the government cannot avoid know-
ing information that is favorable to the defense.37 And police departments are con-
sidered the government for Brady purposes.38 The Supreme Court has never ruled
on the issue of whether membership by a government witness in a hate group would
be Brady but has approved cross-examination on the topic to show bias. Some courts
have already found that evidence of racial animus should be disclosed to the defense
by the government.39 By taking Brady seriously and searching for racist police offic-
ers, indigent criminal defendants will get fairer trials, the public will be informed of
problem officers through public trials, and police and prosecutors get the oppor-
tunity to identify problematic police officers and take action to rid the force of these
officers.
This Article will make two main points. One is that explicit racial bias, not just
unconscious bias, is a serious problem within police departments. This Article will
add to the discussion about racism in the criminal justice system by showing that
conscious racism exists in many police departments. Officers who have such beliefs
are easier than ever to identify as a result of social media, text messages, emails and
internet presence. The other main point is to suggest using the Brady doctrine as a
tool for those who are serious about combatting racism in the criminal justice sys-
tem. Section I will illustrate the fact that there are many officers who are members
of hate groups or hold racist philosophies. These beliefs harm any individual person
accused by the officer of a crime. In addition, they may infect other officers on the
force. And ultimately, when discovered they can harm the community by increasing
racial tensions and undermining confidence in the already beleaguered criminal jus-
tice system. The breadth of the problem will constitute the second and third sections
of this piece. Section IV will examine the consequences of allowing the problem to
continue without being sufficiently addressed. Section V will suggest the use of
Brady as a way to ferret out the police with unacceptable extremist views on race. By
conforming to the Due Process obligations of Brady, police departments and pros-
ecutors must seek out this information not just in hiring, but throughout an officer’s
tenure in the force and before preparing for each case. The Article will also set forth
tools outside of the Brady doctrine to tackle the problem of racist police.
I. HATE GROUPS AND THE POLICE
In Michelle Alexander’s 2010 groundbreaking book, The New Jim Crow, she
successfully makes the case that in the United States there has been a connection
37
Kyles v. Whitley, 514 U.S. 419, 437 (1995) (“[T]he individual prosecutor has a duty to
learn of any favorable evidence known to the others acting on the government’s behalf in the case,
including the police.”).
38
Id. at 437.
39
See infra Section V.
between racial animus particularly towards blacks and the police especially since civil
rights era.40 Many have since shared that concern, both before and since her revolu-
tionary book.41
America has been on notice about the problems with police and racism for
some time. In 2006, the FBI warned about white supremacist groups infiltrating
police departments.42 In 2009, the Department of Homeland Security warned of a
resurgence in white supremacist groups as America had just elected its first black
president.43 The belief was that white supremacists were out to recruit new members
and were specifically targeting angry former military personnel.44 It was considered
the biggest “domestic terrorism threat in the United States.”45
Things have not improved since then—they have only gotten worse. The last
several years have seen a rise in hate groups in the United States. Anti-Muslim
groups tripled in the U.S. just since 2015.46 According to reporting by the Wash-
ington Post, there were 194 hate groups in 2008 but after President Obama was
sworn in, the number sky rocketed to 1,000 in 2013.47 The Trump presidency is
considered by some to be a racialized response to the Obama years.48 Those views
are bolstered by the fact that the rise in hate group affiliation has continued to climb
since Trump took office in 2017.49
Unsurprisingly, with the rise in hate groups, hate crime numbers have soared
40
See ALEXANDER, supra note 2, at 40.
41
PAUL BUTLER, CHOKEHOLD: POLICING BLACK MEN 9 (2017).
42
Downs, supra note 13.
43
EXTREMISM & RADICALIZATION BRANCH, supra note 4, at 2–3.
44
Id. at 7; see also Speri, supra note 25.
45
Speri, supra note 25.
46
Eversley, supra note 6; McCausland, supra note 6.
47
Mark Berman, The Current State of White Supremacist Groups in the U.S., WASH. POST
(Dec. 30, 2014), https://www.washingtonpost.com/news/post-nation/wp/2014/12/30/the-current-
state-of-white-supremacist-groups-in-the-u-s/?utm_term=.4c0b91044606.
48
See, e.g., Ta-Nehisi Coates, The First White President, ATLANTIC (Oct. 2017), https://
www.theatlantic.com/magazine/archive/2017/10/the-first-white-president-ta-nehisi-coates/
537909/; Joy-Ann Reid, The Seeds of Trump’s Victory Were Sown the Moment Obama Won, NBC
NEWS (Oct. 20, 2017), https://www.nbcnews.com/think/opinion/seeds-trump-s-victory-were-
sown-moment-obama-won-ncna811891; Michael Tesler, Views About Race Mattered More in
Electing Trump than in Electing Obama, WASH. POST (Nov. 22, 2016), https://www.
washingtonpost.com/news/monkey-cage/wp/2016/11/22/peoples-views-about-race-mattered-
more-in-electing-trump-than-in-electing-obama/?utm_term=.561725660823.
49
See Hate Groups Increase for Second Consecutive Year as Trump Electrifies Radical Right, S.
POVERTY L. CTR. (Feb. 15, 2017), https://www.splcenter.org/news/2017/02/15/hate-groups-
increase-second-consecutive-year-trump-electrifies-radical-right; Ian Simpson, U.S. Hate Groups
Proliferate in Trump’s First Year, Watchdog Says, REUTERS (Feb. 21, 2018), https://www.reuters.
com/article/us-usa-trump-hate-groups/u-s-hate-groups-proliferate-in-trumps-first-year-
watchdog-says-idUSKCN1G5286.
as well. There has been a surge in recruitment for white supremacist groups on col-
lege campuses.50 Crimes against Muslims rose by 67%,51 and generally, hate group
membership is up.52 Whether this reflects a backlash against President Obama as
some have argued, a feeling among whites that with their diminishing numbers their
culture will no longer be the dominant one in the United States,53 or perhaps exac-
erbated by the racist rhetoric of the 2016 presidential campaign is up for debate.54
Whatever the reason, the trend is more than a bit alarming, particularly to people
of color.
But just when people of color feel their most vulnerable,55 news stories have
emerged that show that racist views and membership in hate groups is not limited
to civilians. Instead, law enforcement officers with membership in hate groups and
racist beliefs are found in police departments all over the country.
In addition to this being a problem for people of color who have reason to fear
the police, law enforcement and public officials should be alarmed at the rise in
50
Susan Svrluga, ‘Unprecedented Effort’ by ‘White Supremacists’ to Recruit and Target College
Students, Group Claims, WASH. POST (Mar. 6, 2017), https://www.washingtonpost.com/news/
grade-point/wp/2017/03/06/unprecedented-effort-by-white-supremacists-to-recruit-and-target-
college-students-group-claims/?utm_term=.bb4135e2be28.
51
Azadeh Ansari, FBI: Hate Crimes Spike, Most Sharply Against Muslims, CNN (Nov. 15,
2016), http://www.cnn.com/2016/11/14/us/fbi-hate-crime-report-muslims/index.html; Katayoun
Kishi, Anti-Muslim Assaults Reach 9/11-Era Levels, FBI Data Show, PEW RES. CTR. (Nov. 21,
2016), http://www.pewresearch.org/fact-tank/2016/11/21/anti-muslim-assaults-reach-911-era-
levels-fbi-data-show/; Janice Williams, Under Trump, Anti-Muslim Hate Crimes Have Increased at
an Alarming Rate, NEWSWEEK (July 17, 2017), http://www.newsweek.com/hate-crime-america-
muslims-trump-638000 (furthermore, there has been a 91% increase during the first half of 2017
as compared to the first half of 2016); see also Civil Rights Data Quarter Two Update: Anti-Muslim
Bias Incidents April–June 2017, CAIR, http://www.cair.com/images/pdf/Civil-Rights-Data-
Quarter-Two-Update-Anti-Muslim-Bias-Incidents-April—June-2017.pdf.
52
See Mark Potok, The Year in Hate & Extremism, INTELLIGENCE REPORT 38 (Feb. 15,
2017).
53
See Associated Press, Obama Election Spurs Race Threats, Crimes, NBC NEWS (Nov. 15,
2018), http://www.nbcnews.com/id/27738018/ns/us_news-life/t/obama-election-spurs-race-
threats-crimes/#; Bigg, supra note 5.
54
See Jaweed Kaleem, ‘There’s a Virus in Our Country’: The ‘Trump Effect’ and Rise of Hate
Groups, Explained, L.A. TIMES (May 31, 2017), http://www.latimes.com/nation/la-na-southern-
poverty-law-center-05312017-htmlstory.html; Alexis Okeowo, Hate on the Rise After Trump’s
Election, NEW YORKER (Nov. 17, 2016), http://www.newyorker.com/news/news-desk/hate-on-
the-rise-after-trumps-election; Reuters, U.S. Hate Crimes Up 20 Percent in 2016, Fueled by Election
Campaign: Report, NBC NEWS (Mar. 14, 2017), http://www.nbcnews.com/news/us-news/u-s-
hate-crimes-20-percent-2016-fueled-election-campaign-n733306; Mazin Sidahmed, Claims of
Hate Crimes Possibly Linked to Trump’s Election Reported Across the US, THE GUARDIAN (Nov. 10,
2016), https://www.theguardian.com/us-news/2016/nov/10/hate-crime-spike-us-donald-trump-
president.
55
See Charles M. Blow, Police Abuse is a Form of Terror, N.Y. TIMES (Aug. 12, 2015),
https://www.nytimes.com/2015/08/13/opinion/police-abuse-is-a-form-of-terror.html?_r=0.
racial animus in police departments because if communities of color fear the police,
those communities will be less interested in relying on traditional institutions for
safety and security and reporting crime. Fewer reports of crime by minorities and
unwillingness to cooperate with law enforcement as witnesses will be the result.56
According to one study, there were 22,000 fewer 911 calls following police violence
against a black man in Milwaukee, and the effect lasted a year after the shooting.57
One can only assume that when communities of color hear local stories of hate
group affiliations or explicitly racists beliefs being shared in their local police depart-
ments, or on social media, this will also cause them to distrust police. This is a prob-
lem for public safety, for the reputation of our systems, and prosecutors who need
witnesses to make cases.
II. RACISM IN POLICE DEPARTMENTS
Unconscious bias is pervasive in our daily lives, and law enforcement is cer-
tainly no exception of course. Unconscious bias, also known at implicit bias, is the
type of racial bias that forms over time as a result of societal norms and biases.58
Implicit bias is extremely common and is believed to infect the majority of Ameri-
cans, even people of color. Unconscious bias has had significant repercussions for
people ensnared in the criminal justice system.59 The phenomenon no doubt is
meaningfully responsible for the system of mass incarceration. Implicit bias is dis-
tinct from white supremacy because the person who is discriminating does not nec-
essarily know that she may favor one race over another. While this is a problem that
needs to be addressed, it is important for legal observers and scholars not just to
focus attention on the concerning impact of unconscious bias. It is important to
56
See Matthew Desmond & Andrew V. Papachristos, Why Don’t You Just Call the Cops?,
N.Y. TIMES (Sept. 20, 2016), https://www.nytimes.com/2016/10/01/opinion/why-dont-you-
just-call-the-cops.html; see also Emily Bazelon, Why I Don’t Call the Police, SLATE (Aug. 14, 2014),
http://www.slate.com/articles/news_and_politics/jurisprudence/2014/08/michael_brown_eric_g
arner_debra_harrell_just_three_examples_of_why_i_don.html; AJ Springer, Black People Have
No Reason to Trust the Police, EBONY (Aug. 12, 2016), http://www.ebony.com/news-views/black-
people-police#axzz4klcjcjrg.
57
Desmond & Papachristos, supra note 56.
58
See Antony Page, Batson’s Blind-Spot: Unconscious Stereotyping and the Peremptory
Challenge, 85 B.U. L. REV. 155, 160 (2005); Jeffrey J. Rachlinski et al., Does Unconscious Racial
Bias Affect Trial Judges?, 84 NOTRE DAME L. REV. 1195, 1196–97 (2009).
59
Lorie A. Fridell, Racially Biased Policing: The Law Enforcement Response to the Implicit
Black-Crime Association, in RACIAL DIVIDE: RACIAL AND ETHNIC BIAS IN THE CRIMINAL JUSTICE
SYSTEM 39, 45–46 (Michael J. Lunch et al. eds., 2008); L. Song Richardson, Cognitive Bias, Police
Character, and the Fourth Amendment, 44 ARIZ. ST. L.J. 267, 278–86 (2012); L. Song Richardson,
Police Racial Violence: Lessons from Social Psychology, 83 FORDHAM L. REV. 2961, 2962 (2015);
Robert J. Smith, Reducing Racially Disparate Policing Outcomes: Is Implicit Bias Training the
Answer?, 37 U. HAW. L. REV. 295, 297–300 (2015).
acknowledge the alarming amount of blatant and conscious racism at play in our
criminal justice system as well.
White supremacy is the conscious belief that the white people are actually su-
perior to other races. While both implicit and explicit bias have played a role in
shaping our criminal justice system, this Article focuses on explicit racial biases—
the biases that the individual knows that he or she holds (even if they refuse to name
it white supremacy or even racism). People who have hate towards member of other
racial groups may deliberately go into communities of color and act on their beliefs
to subjugate and harm other races. White supremacy in police departments has
clearly persisted.
Of course, conscious bias is nothing new to police departments. Some of the
earliest police patrols began as groups of white citizens banding together to search
for runaway slaves.60 Police departments often turned a blind eye to lynchings and
other racial violence allowing murder of black people and other violence to continue
unabated by whites.61 Police departments in the South were filled with white su-
premacists in the 1950s.62
However post-civil-rights-era American society has created a narrative attempt-
ing to distance law enforcement from the subjugation of people of color and the
code of white supremacy.63 But there have been many cracks in that storyline of
color-blind law enforcement. In 1996, a legal scholar warned of white supremacists
on the police force.64 More than 25 years ago, in 1991, a federal judge in Los Angeles
found that members of the LA sheriff’s deputies in the Lynwood station were in-
volved in a “neo-Nazi white supremacist gang” and that the officers targeted black
and Latino residents of that community.65 During the high profile O.J. Simpson
trial in the mid-1990s, the lead detective was revealed to be a racist who had used
60
See Stephen L. Carter, Policing and Oppression Have a Long History, BLOOMBERG (Oct.
29, 2015), https://www.bloomberg.com/view/articles/2015-10-29/policing-and-oppression-have-a-
long-history; Victor E. Kappeler, A Brief History of Slavery and the Origins of American Policing,
EKU ONLINE: POLICE STUDIES (Jan. 7, 2014), http://plsonline.eku.edu/insidelook/brief-history-
slavery-and-origins-american-policing.
61
See EQUAL JUSTICE INITIATIVE, LYNCHING IN AMERICA: TARGETING BLACK VETERANS 5
(2016); All Things Considered: Nearly 8 Decades Later, Georgia Police Chief Apologizes for Lynching,
NPR (Jan. 27, 2017), http://www.npr.org/2017/01/27/512047341/nearly-8-decades-later-
georgia-police-chief-apologizes-for-lynching.
62
See Barnes, supra note 4, at 1101.
63
ALEXANDER, supra note 2, at 43.
64
Barnes, supra note 4, at 1086.
65
Thomas v. County of Los Angeles, No. CV 90-5217 (C.D. Cal. Sep. 23, 1991) (order
granting preliminary injunction); Hector Tobar, Deputies in ‘Neo-Nazi’ Gang, Judge Found:
Sheriff’s Department: Many at Lynwood Office Have Engaged in Racially Motivated Violence Against
Blacks and Latinos, Jurist Wrote, L.A. TIMES (Oct. 12, 1991), http://articles.latimes.com/1991-10-
12/local/me-107_1_deputy-county.
the “n” word many times and lied about it on the stand.66 In 1999, in Cleveland,
Ohio, racist and Nazi symbols were found in three of the six police precincts there.67
It was believed that the symbols were placed there by officers as there were also
allegations of some officers wearing lapel pins on their uniforms that symbolize
white power.68 In 2001, two Williamson County, Texas police officers were fired
after they tried to recruit another officer into their KKK chapter.69
But police membership in these types of groups or police officers holding racist
ideologies is hardly in the distant past or even just of the last century. In 2014, it
was discovered that three police officers of a thirteen member all white police de-
partment were members of a local chapter of the Ku Klux Klan in Fruitland park,
Florida—a central Florida town.70 These men were discovered because they were
trying to recruit other officers to join them.71 One of the officers resigned while the
other was fired when the ties to the group were discovered.72 Three cases were dis-
missed by prosecutors as a result of the discovery.73
In 2015, a lieutenant in the Anniston County Police Department in Alabama
was fired for being a member of the League of the South, a southern hate group.74
Members of the department were aware of his ties to the group when he was hired
but it was only once a story about his membership in the group was highlighted by
the Southern Poverty Law Center’s Hatewatch was he eventually fired.75 While the
Department initially claimed it could not “terminate an employee solely on his or
her membership in a legal, lawfully formed, civic club or organization,”76 it appears
that it eventually revised that position.77
66
Kenneth B. Noble, Issue of Racism Erupts in Simpson Trial, N.Y. TIMES (Jan. 14, 1995),
https://www.nytimes.com/1995/01/14/us/issue-of-racism-erupts-in-simpson-trial.html.
67
Karin Scholz & Ted Wendling, Racist Grafitti in the Cleveland PD, THE PLAIN DEALER
(July 22, 1999), http://www.mdcbowen.org/p2/bh/racist_grafitti_in_the_cleveland.htm.
68
Id.
69
Texas Officers Fired for Membership in KKK, supra note 27.
70
Associated Press, supra note 26.
71
Id.
72
Id.
73
Id.
74
Keegan Hankes, Anniston Police Department Has Two Hate Groups on the Force, S.
POVERTY L. CTR. (June 16, 2015), https://www.splcenter.org/hatewatch/2015/06/17/anniston-
police-department-has-two-hate-group-members-force; Hatewatch Staff, Anniston Police Officer
Fired for League of the South Membership Has First Appeal Hearing, S. POVERTY L. CTR. (Aug. 27,
2015), https://www.splcenter.org/hatewatch/2015/08/27/anniston-police-officer-fired-league-
south-membership-has-first-appeal-hearing.
75
Hatewatch Staff, supra note 74.
76
Hankes, supra note 74.
77
Hatewatch Staff, supra note 74.
A Louisiana law enforcement officer was also fired when a photo of him sur-
faced on Facebook giving a Nazi salute next to a man in a white hood in 2015.78
The officer claimed that he was simply at a rally against illegal immigration.79
In 2016, a Philadelphia, Pennsylvania officer was found to have a white su-

premacist tattoo on his forearm.80 Despite outrage on social and print media about
the officer, he was not fired after a hearing found that he had not violated any de-
partment rules because there was no policy on the matter.81 The Philadelphia police
department has since adopted a new policy that bans “offensive, extremist, indecent,
racist or sexist” tattoos.82
78
Web Staff, Police Officer Fired After Photo of Him at KKK Rally in North Carolina Surfaces,
FOX 8 WGHP (Sept. 5, 2015), http://myfox8.com/2015/09/05/police-officer-fired-after-photo-
of-him-at-kkk-rally-in-north-carolina-surfaces/.
79
Id.
80
John Kopp, Photos Surface of Philly Police Officer with Nazi Tattoo, PHILLY VOICE (Sept.
1, 2016), http://www.phillyvoice.com/photos-surface-philly-police-officer-nazi-tattoo/.
81
John Kopp, Internal Affairs Investigation Clearly Philly Police Officer with Apparent Nazi
Tattoo, PHILLY VOICE (Jan. 31, 2017), https://www.phillyvoice.com/internal-affairs-
investigation-clears-philly-police-officer-apparent-nazi-tattoo/.
82
David Gambacorta, Philly Police Implementing First Tattoo Police, PHILLY.COM (Feb. 9,
2017), http://www.philly.com/philly/news/Philly-Police-Implementing-First-Tattoo-Policy.
html?arc404=true.
The racism in some police departments is not limited to just a few isolated
extremist officers. Instead, it is seen at the top with the potential to permeate
through the entire department and even certain entire communities. An Oklahoma
police chief was discovered in 2017 to be the owner of several white supremacist
websites.83 While he first claimed he was the victim of identity theft, he was exposed
as having been in a white supremacist movie entitled “Blood and Honour.”84 The
police chief also appears in a documentary about white supremacists. In it, he wears
a shirt that reads “Terror Machine.”85 He is considered by Southern Poverty Law
Center to be one of the most influential white power leaders in the country.86 It is
hard to gauge just how many people have been influenced by this single officer’s
views through visiting his websites or viewing the movie in which he appeared.
In 2018, it was discovered that a Kentucky assistant police chief encouraged a
new police recruit through Facebook messages to shoot black children if they were
caught smoking marijuana.87 This was in response to a question by the new officer
as to what the “right thing” to do would be if he encountered minors smoking the
substance. In other posts, the officer also encouraged rape of the hypothetical par-
ents “[u]nless daddy is black. Then shoot them.”88 In other messages, he referred to
Martin Luther King, Jr. as a racist.89 The officer worked for the department for 20
years. Given how freely he shared these disturbingly vile and vicious remarks with a
83
Hatewatch Staff, Protect and Serve? Oklahoma Police Chief Bart Alsbrook’s White Power
Ties, S. POVERTY L. CTR. (Aug. 30, 2017), https://www.splcenter.org/hatewatch/2017/08/30/
protect-and-serve-oklahoma-police-chief-bart-alsbrooks-white-power-ties.
84
Id.
85
Id.
86
Id.
87
Andrew Wolfson & Darey Costello, Former Assistant Police Chief Sent Messages Urging
Recruit to Shoot Black People, USA TODAY (Jan. 20, 2018), https://www.usatoday.com/story/
news/nation-now/2018/01/20/former-assistant-police-chief-urged-recruit-shoot-black-people-
messages-sent-messages-urging-recruit/1050660001/.
88
Id.
89
Id.
new employee, one can only imagine how many other officers with whom he shared
his racist views during his tenure in that department. Prosecutors found the mes-
sages while investigating the assistant chief for allegedly improperly interfering in an
investigation,90 not because any fellow officers or the recruit reported him for ex-
pressing these views.
In 2006, the FBI “detailed the threat” of white supremacist groups infiltrating
police departments.91 The FBI cautioned that if they were successful, it would be a
significant threat to national security.92 The FBI memo warned that these white
supremacists would not share their views publicly so that they would not be discov-
ered.93 The planned infiltration suggests that some of the white supremacist officers
know to keep their membership in these groups private. It seems safe to conclude
that it is likely that there are far more members of white supremacist groups than
those listed above or those who have been identified by the departments for which
they work.
Despite these warnings, police departments do not have plans in place to out
these types of officers.94
III. RACIST VIEWS
Of course, not only those with memberships in an organized hate group are
racist. Racist beliefs are held by members of the police departments not affiliated
with hate groups. Those can be just as dangerous. Darren Wilson, the Ferguson
officer who killed Michael Brown, admitted using the “n” word after the shooting.95
His feeling towards black men appear to have had fatal consequences.
Members of the San Francisco police department were found to have ex-
changed racist text messages in 2016.96 Three of the four officers left the police force
as result of the scandal and the fourth faced internal discipline instead.97 The officers
used epithets to describe African Americans, Latinos, as well as gay people.98 These
types of email and text scandals have taken place around the country. Across the
90
Id.
91
Downs, supra note 13.
92
Id.
93
Id.
94
Id.
95
Jason Silverstein, Former Ferguson Cop Darren Wilson Admits to Using N-Word but Says
He Was Only Repeating It from Others, N.Y. DAILY NEWS (Mar. 14, 2017), http://www.
nydailynews.com/news/national/ferguson-ex-cop-darren-wilson-admits-n-word-article-
1.2997475.
96
Glover & Simon, supra note 29.
97
Id.
98
Id.
bay, Oakland police officers sent racist emails and texts to one another.99 The Ala-
meda Sheriff’s Department re-tweeted a tweet of Richard Spencer, a high-profile
white supremacist.100
The Obama Administration’s Department of Justice found that two officers in
Ferguson, Missouri, sent racist emails to city officials in 2014 and 2015.101 An of-
ficer who patrolled in a black neighborhood in Baton Rouge, Louisiana, was inves-
tigated for calling black people “African monkeys” as well as the “n” word and said
that, “I wish someone would pull a Ferguson on them and take them out.”102 In
addition, he also said that he enjoyed “arresting those thugs with their saggy
pants.”103
A white Detroit officer called black citizens “monkeys” and resigned as a result
of the controversy.104 A Miami police officer was fired for sending hundreds of racist
and sexist emails to fellow officers.105 Ft. Lauderdale officers participated in similar
conduct and even created a racist video together.106 Two Montgomery County,
Ohio, officers exchanged racist texts and emails, as well, between 2011 and 2013.107
99
Rachel Swan et al., Oakland Police Bombshells: Racist Texts, Latest Chief Steps Down, S.F.
GATE (June 18, 2016), https://www.sfgate.com/news/article/Latest-Oakland-police-chief-is-out-
after-two-days-8310286.php.
100
Bryan Logan, A San Francisco Bay Area Police Department Retweeted a White Nationalist
and People Are Wondering Why, BUS. INSIDER (Aug. 15, 2017), http://www.businessinsider.com/
alameda-county-sheriffs-department-retweeted-richard-spencer-2017-8.
101
U.S. DEP’T OF JUST. CIVIL RIGHTS DIV., INVESTIGATION OF THE FERGUSON POLICE
DEPARTMENT 5 (Mar. 4, 2015), https://www.justice.gov/sites/default/files/opa/press-releases/
attachments/2015/03/04/ferguson_police_department_report.pdf; Ray Sanchez, Ferguson’s Ugly,
Racist Emails Released, CNN (Apr. 4, 2015), http://www.cnn.com/2015/04/03/us/ferguson-justice-
department-report-emails/index.html.
102
Chris Nakamoto, Exclusive: Officer’s Alleged Racially-Charged Text Messages Under
Investigation, WBRZ (Sept. 4, 2014), http://www.wbrz.com/news/exclusive-officer-s-alleged-
racially-charged-text-messages-under-investigation/.
103
Id.
104
Benjamin Raven, Metro Detroit Cop Resigns Over Racist Facebook Comment, MLIVE (Nov.
23, 2016), http://www.mlive.com/news/detroit/index.ssf/2016/11/metro_detroit_cop_resigns_
over.html.
105
Jerry Iannelli, Miami Beach Cop Fired for Sending Racist, Sexist Emails Won’t Get His Job
Back, MIAMI NEW TIMES (Feb. 13, 2017), http://www.miaminewtimes.com/news/miami-beach-
cop-fired-for-sending-racist-sexist-emails-wont-get-his-job-back-9132286.
106
Brian Hamacher, Fort Lauderdale Police Officers Fired Over Racist Text Messages, Video:
Officials, NBC MIAMI (Mar. 21, 2015), http://www.nbcmiami.com/news/local/Fort-Lauderdale-
Police-to-Discuss-Internal-Affairs-Investigation-297057771.html; Stephen Hobbs, Fort Lauderdale
Cop, Fired After Racist Texts Discovered, Testifies in Hearing to Get Job Back, SUNSENTINEL (Feb.
19, 2016), http://www.sun-sentinel.com/local/broward/fort-lauderdale/fl-fort-lauderdale-cop-
arbitration-third-day-20160219-story.html.
107
Nicole Hensley, Ohio Cops Suspended For Years of Racist Texts Leaked to Civil Rights
Group, N.Y. DAILY NEWS (Dec. 4, 2014), http://www.nydailynews.com/news/crime/ohio-cops-
Social media is another way that officers have shared racist beliefs that they may
not feel comfortable sharing in person. During the Baltimore protests of the murder
of Freddie Gray, an officer posted photos of black protesters on a car alongside a
photo of baboons jumping on a car.108 Other officers saw the post and reported the
alarming post to supervisors.109 Two different Utah officers posted discriminatory
posts on Facebook in 2017. In one of the cases, a Layton police officer posted a
racist meme on a Massachusetts NAACP president’s Facebook page.110 In the other,
a Price, Utah, officer used the “n” word in a Facebook post.111
Officials in Benton County, Arkansas, fired a police officer who made racist
public Facebook posts.112 A white woman officer in Pennsylvania took a selfie and
posted the words, “I’m the law today n______” on Snapchat and was later fired.113
A Talledega, Alabama, police officer was fired after sharing photos of Melania
Trump and Michelle Obama that read, “Fluent in Slovenian, English, French, Ser-
bian and German” with respect to Mrs. Trump and under a photo of former first
lady Michelle Obama the post read, “Fluent in Ghetto.”114
suspended-racist-texts-leaked-nonprofit-article-1.2033713; see also Cornelius Frolik, 2

Montgomery Co. Deputies Fired Over Text Messages, WHIO (Feb. 6, 2015), https://www.whio.
com/news/crime—law/montgomery-deputies-fired-over-text-messages/
KALnZnc7PQJxephfbCtlrL/.
108
Jonathan Bandler, Police Officer Suspended Over Baboon Facebook Post, THE JOURNAL
NEWS (May 4, 2015), https://www.usatoday.com/story/news/nation/2015/05/04/police-officer-
suspended-facebook-post/26876041/.
109
Id.
110
Luke Ramseth, Layton Police Officer Resigns After Posting Racist Meme on NAACP Leader’s
Facebook Page, THE SALT LAKE TRIBUNE (June 16, 2017), http://www.sltrib.com/home/
5410355-155/layton-police-officer-resigns-after-racist.
111
Lauren Steinbrecher, Price Police Investigating Racist Comment Allegedly Posted By Officer,
FOX 13 NOW (Feb. 15, 2017), http://fox13now.com/2017/02/15/price-police-investigating-
racist-comment-allegedly-posted-by-officer/.
112
Brandon Riddle, Department: Arkansas Officer Fired Over Social Media Posts on Black
Lives Matter Movement, ARK. DEMOCRAT GAZETTE (Sept. 27, 2016), http://www.
arkansasonline.com/news/2016/sep/27/arkansas-officer-fired-over-social-media-posts-pol/.
113
‘It Was a Stupid Mistake’: Cop’s Snapchat Photo with Racial Slur Costs Her 2 Jobs, WTAE
(Sept. 28, 2016), http://www.wtae.com/article/it-was-a-stupid-mistake-cop-s-snapchat-photo-
with-racial-slur-costs-her-2-jobs/7482332; Pennsylvania Police Officer Fired for Racial Slur on
Social Media, CBS NEWS (Sept. 28, 2016), https://www.cbsnews.com/news/pennsylvania-police-
officer-fired-racial-slur-social-media/.
114
Lindsey Bever, Alabama Officer Fired Over Racist Meme Calling Michelle Obama ‘Fluent
in Ghetto,’ WASH. POST (Nov. 19, 2016), https://www.washingtonpost.com/news/post-
nation/wp/2016/11/19/alabama-officer-fired-over-racist-meme-calling-michelle-obama-fluent-
in-ghetto/?utm_term=.4254209d44d3; Chris Norwood, Talladega Police Officer Fired for Sharing
Racist Posts on Facebook, THE DAILY HOME (Nov. 16, 2016), https://www.annistonstar.com/
the_daily_home/talladega-police-officer-fired-for-sharing-racist-posts-on-facebook/article_
ba27704c-ac68-11e6-8cb9-c7b407f379fa.html.
An NYPD officer made a Facebook comment in which he called New York

Mayor De Blasio’s African-American wife a “former crack addict.”115 The same of-
ficer also said that black people should stop complaining and “get over” slavery.116
A Bartow, Florida, officer lost her job after comments in which she compared then-
President Obama with a gorilla.117 A Chadbourne, North Carolina, officer was fired
after one of his private Facebook friends leaked a racist tirade in which he insinuated
that black people “are the bad guys”.118 A Rio Rancho, New Mexico, officer made
a Facebook post where he advocated violence against Middle-Easterners.119
Kentucky police suspended an officer who shared a Facebook meme that pic-
tured a white police officers with the words, “If we really wanted you dead all we’d
have to do is stop patrolling your neighborhoods . . . and wait.”120 A Minnesota
police officer made a Facebook post calling for violence against Black Lives Matter
protesters and Muslims.121 A Bradenburg, Florida, officer, who had previously been
officer of the month in 2015, was fired after he told a black man whose son had
been killed by police, “I’m glad your kid is dead. Now go make another one.”122 A
115
Erin Durkin & Larry McShane, Mayor de Blasio Hits Back at Racist, Facebook-Ranting
NYPD Cop Who Called His Wife a ‘Former Crack Addict,’ N.Y. DAILY NEWS (Aug. 10, 2016),
http://www.nydailynews.com/new-york/de-blasio-hits-back-called-wife-crack-addict-article-
1.2746047; Alex Titus, NY Mayor Defends Wife Against Officer’s Comments, JET MAGAZINE (Aug.
11, 2016), https://www.jetmag.com/news/ny-mayor-defends-wife-comments/.
116
Barbara Ross et al., Exclusive: NYPD Detective Who Posted Racist Diatribes on Facebook
May Have Shot Unarmed Black Man in the Back in 2014, N.Y. DAILY NEWS (Aug 07,
2016) http://www.nydailynews.com/new-york/racist-facebook-page-shot-unarmed-black-man-
article-1.2741199.
117
Evan Lambert, Bartow Police Officer Fired for Racist Facebook Post, FOX 13 NEWS (Mar.
24, 2017), http://www.fox13news.com/news/local-news/243862224-story; Suzie Schottelkotte,
Bartow Police Officer Fired Following Racist Comment on Facebook, THE LEDGER (Mar. 27, 2017),
http://www.theledger.com/news/20170324/bartow-police-officer-fired-following-racist-
comment-on-facebook.
118
Mayah Collins, NC Police Officer Fired Following Backlash Over Facebook Post, CBS 17
(Sept. 28, 2016), http://www.cbs17.com/news/north-carolina-news/nc-police-officer-fired-following-
backlash-over-facebook-post/1017035916.
119
Madeline Schmitt, Rio Rancho Officer Accused of Facebook Posts Condoning Violence,
KRQE (Mar. 14, 2016), http://krqe.com/2016/03/14/rio-rancho-officer-accused-of-facebook-
posts-condoning-violence/.
120
Christopher Brennan, Kentucky Police Officer Suspended After Racist Facebook Meme
About Black Crime, N.Y. DAILY NEWS (July 14, 2016), http://www.nydailynews.com/news/
national/kentucky-police-officer-suspended-racist-facebook-meme-article-1.2710936 (alteration in
original).
121
Associated Press, Rochester Cop Accused of Facebook Posts Against Protesters, Muslims, TWIN
CITY PIONEER PRESS (Feb. 23, 2016), http://www.twincities.com/2016/02/22/rochester-cop-
facebook-posts-against-protesters-muslims/.
122
Jeff Reeves, Police Officer Fired For Racist, Homophobic Facebook Posts, CBS 17 (Dec. 9,
2016), https://www.cbs17.com/news/police-officer-fired-for-racist-homophobic-facebook-posts/
2017 Facebook post by a Louisiana police officer showed a white mother appearing
to drown her daughter with the caption “when your daughters [sic] first crush is a
little negro boy.”123 After first defending the post, and then apologizing for it, that
officer ultimately resigned.124
Police officers in two different states seemed to mock the tragedy in Char-
lottesville, Virginia, on social media. A Springfield, Massachusetts, officer posted an
image of the car, driven by a white supremacist, that rammed into a crowd of people
killing one and injuring 19, and wrote “Hahahaha love this.”125 A Kentucky officer
joked, again on Facebook, about a post of the damaged car that was the weapon
involved and wrote, “Minor front end damage. Nothing serious.”126 Law enforce-
ment officers who laugh about the death of a woman who was protesting racism
does not seem to be in line with the stated values of the job of a police officer. There
1017059439.
123
Monique Judge, Cop Shares Racist Facebook Post, Will Resign After Public Outcry, THE
ROOT (Aug. 1, 2017), https://www.theroot.com/cop-shares-racist-facebook-post-turns-in-
resignation-a-1797450272?utm_source=theroot_facebook&utm_medium=socialflow.
124
Id.
125
Lindsey Bever, Police Officers in Two States Accused of Mocking Charlottesville Violence,
WASH. POST (Aug. 14, 2017), https://www.washingtonpost.com/news/post-nation/wp/2017/
08/14/hahahaha-love-this-police-officer-accused-of-mocking-charlottesville-violence/?hpid=hp_
hp-top-table-main_morecoverage%3Ahomepage%2Fstory&utm_term=.c0971db70e2e.
126
Id.
have been more than 100 explicitly racist social media posts by police officers in
over 40 different states.127
Holding racist philosophies is not a characteristic limited to rank-and-file of-
ficers, but superiors as well. A high-ranking Los Angeles Police Department official
shared racist and Islamaphobic emails and resigned over the matter in 2016.128 A
Providence, Rhode Island, sergeant went on a racist Facebook tirade in 2015.129 In
2015, an Oregon police chief resigned after being accused of calling black people
“monkeys” in response to a lawsuit alleging racial discrimination.130 The mayor of
the town thanked the chief for his service following his resignation.131 A Westches-
ter, New York, police chief kept his job after it was discovered that he sent racist
emails to fellow officers.132 A Pennsylvania police chief used the “n” word in an
email that suggested blacks in a particular neighborhood were illiterate.133 He was
asked to step down.134 A Boca Raton, Florida, sergeant was fired after an investiga-
tion as to allegations that he used the “n” word with other officers and made other
racially offensive remarks.135 A New Jersey police chief sent an email calling for racial
profiling of blacks in white neighborhoods was suspended for six months and then
demoted.136 The sheriff for Howard County, Maryland, resigned after the county’s
127
See Appendix.
128
Justin Carissimo, Top Los Angeles Police Official Resigns Over Racist and Islamophobic
Emails, INDEP. (May 1, 2016), http://www.independent.co.uk/news/world/americas/top-los-
angeles-police-official-resigns-over-racist-and-islamophobic-emails-a7009536.html.
129
Katie Mulvaney, Racist Remarks by Providence Police Sergeants Alleged, PROVIDENCE
JOURNAL (Mar. 27, 2015), http://www.providencejournal.com/article/20150327/NEWS/
150329263.
130
Hannah Button, Docs: Police Chief Compared African-Americans to Monkeys, KOIN 6
(Sept. 6, 2015), http://www.koin.com/news/police-chief-compared-african-americans-to-monkeys/
960342253.
131
Id.
132
Melissa Chan, Pelham Manor Police Chief Keeps $187,000-a-Year Job After Sending Racist
Emails to Co-Workers: Report, N.Y. DAILY NEWS (Feb. 15, 2015), http://www.nydailynews.
com/new-york/pelham-manor-police-chief-racist-emails-job-article-1.2111006.
133
Nicole Hensley, Pennsylvania Police Chief Resigns One Week After Swearing-in Ceremony
Over Leaked Email Containing Racial Slur, N.Y. DAILY NEWS (Nov. 29, 2015), http://
www.nydailynews.com/news/national/pa-police-chief-resign-leaked-email-n-word-article-
1.2449417; Kimberley Richards, Police Chief Shocks City: ‘N*****s Gotta Learn How to Read,’
HUFFINGTON POST (Nov. 24, 2015), https://www.huffingtonpost.com/entry/police-chief-shocks-
city-nword-gotta-learn-how-to-read_us_565479a8e4b0258edb32e376s.
134
Hensley, supra note 133.
135
Tonya Alanez, Cop Fired Over Racist Remarks, Boca Raton Police Say, SUN SENTINEL
(Mar. 9, 2018), http://www.sun-sentinel.com/local/palm-beach/boca-raton/fl-pn-fire-boca-raton-
cop-20180309-story.html#; Eliot Kleinberg, Boca Fires Police Sergeant Over ‘Racially Offensive
Comments,’ PALM BEACH POST (Mar. 9, 2018), https://www.palmbeachpost.com/news/local/
breaking-boca-fires-police-sergeant-over-racially-offensive-comments/seP67vspnYUlZ6yw4k41lI/.
136
Tobias Salinger, N.J. Police Chief Who Defended Profiling ‘Black Gang Members from
Office of Human Rights issued a report that found that the sheriff often referred to
black people as “n-----s” and called a county executive a “Jew-boy.”137 A 2017 DOJ
report about Chicago, Illinois, found that dozens of officers, including supervisors,
made racist remarks and disparaging comments about African-Americans and Mus-
lims.138
It should go without saying that most police officers are not white supremacists
or even hold consciously racist views. Most are good people, but as the ones with
hate-filled ideologies get more entrenched in police department, there is the risk that
they will infect the ones who started the force without those values. The problem of
racism is a serious one within law enforcement. Not only does it threaten to infect
other officers, entrenched racism can keep people of color off the police force.
Alarmingly, it can mean that police do not take seriously their jobs when they are
called to protect communities of colors—it may mean that racist violence against
communities of color by white supremacists is not responded to by law enforce-
ment.139 Most frighteningly, it can have deadly or violent consequences for people
of color. In addition to violence from the police and law enforcement’s lax response
to white supremacist attacks in communities of color,140 these legitimate fears can
make communities less safe as members of the community stop turning to law en-
forcement for help.
The dozens of instances of overt racism by law enforcement officers captured
on video or on social media, texts or emails, is stunning. Perhaps even more fright-
ening is that there are likely many more instances that are unreported because the
recipient of the message agrees or wants to protect the sender. Some officers who do
not hold these extremist views and disapprove of those views may protect and fail
to protect racist officers because of the well-known “blue wall of silence.”141 It is very
Teaneck’ in Email Suspended, Recommended for Demotion, N.Y. DAILY NEWS (Aug. 3, 2016),
http://www.nydailynews.com/news/crime/n-police-chief-defended-racial-profiling-suspended-
article-1.2737512.
137
Michael E. Miller, Howard County Sheriff Resigns Over Alleged Racist, Anti-Semitic
Remarks, WASH. POST (Oct. 11, 2016), https://www.washingtonpost.com/local/howard-county-
sheriff-resigns-over-alleged-racist-anti-semitic-remarks/2016/10/11/1086c9ea-8fd8-11e6-9c52-
0b10449e33c4_story.html?utm_term=.9769fb40ab76.
138
Radley Balko, The Damning Justice Department Report About Chicago Police Also Helps
Explain the City’s Murder Rate, WASH. POST (Jan. 14, 2017), https://www.washingtonpost.
com/news/the-watch/wp/2017/01/14/the-damning-justice-department-report-about-chicago-
police-also-helps-explain-the-citys-murder-rate/?utm_term=.ad3f20d8c54b.
139
C. Thompson et al., Racist, Violent, Unpunished: A White Hate Group’s Campaign of
Menace, PROPUBLICA (Oct. 19, 2017), https://www.propublica.org/article/white-hate-group-
campaign-of-menace-rise-above-movement.
140
Some believe that police were to blame for allowing the violence to escalate in
Charlottesville. Dakin Anddone, Protesters in Charlottesville Blame Police for Violence, CNN (Aug.
14, 2007), https://www.cnn.com/2017/08/14/us/police-response-charlottesville-trnd/index.html.
141
Gabriel J. Chin & Scott C. Wells, The “Blue Wall of Silence” as Evidence of Bias and
likely that the examples in this Article are indicative of a substantially more serious
problem of racism within police departments. This is a national disgrace that should
not be tolerated.
IV. RACIST DEEDS
Police officer racial animus is not just on display through group memberships,
emails, or Facebook posts. Actions reveal beliefs as well. Even more troubling, racist
beliefs can manifest as bias in arrests, the bringing of harsher charges, the fabrication
of evidence and can even bring about violence in some cases. Indeed, in the United
States, young black males are 21 times more likely to be killed by police than white
men.142 Identifying and removing these officers who hold such beliefs could mean
less police harassment and violence inflicted on civilians. Ridding police depart-
ments of racist officers will also improve the relationship between the police and the
communities they serve.
The Obama administration’s Justice Department has issued scathing reports of
police departments in Baltimore, Maryland,143 Ferguson, Missouri,144 and Chicago,
Illinois.145 Each documents instances of explicit racism by police. The Chicago re-
port states that the lack of trust seen in the community was justified and that there
was substantial evidence that people of color were disproportionately experiencing
negative encounters with the police over an extended period of time.146
In 2017, a police officer in the District of Columbia wore a T-shirt to court
that contained an icon associated with white supremacists that also contained an
image of a grim reaper holding a rifle and police badge.147 In Boston, Massachusetts,
Motive to Lie: A New Approach to Police Perjury, 59 U. PITT. L. REV. 233, 237–41 (1998); Kami
Chavis Simmons, Stakeholder Participation in Selection and Recruitment of Police: Democracy in
Action, 32 ST. LOUIS L. PUB. REV. 7, 14–15 (2012); Rick Bragg, Blue Wall of Silence: Graft Shield
Behind Old Code, N.Y. TIMES (Apr. 26, 1994), https://www.nytimes.com/1994/04/26/
nyregion/blue-wall-of-silence-graft-shielded-behind-old-code.html.
142
Ryan Gabrielson et al., Deadly Force, in Black and White, PROPUBLICA (Oct. 10, 2014),
https://www.propublica.org/article/deadly-force-in-black-and-white.
143
Radley Balko, The Justice Department’s Stunning Report on the Baltimore Police
Department, WASH. POST (Aug. 10, 2016), https://www.washingtonpost.com/news/the-watch/
wp/2016/08/10/the-justice-departments-stunning-report-on-the-baltimore-police-
department/?utm_term=.88a31699069e.
144
U.S. DEP’T OF JUST. CIVIL RIGHTS DIV., supra note 101.
145
Balko, supra note 138.
146
Id.
147
Peter Hermann & Keith L. Alexander, D.C. Police Suspend Officer Seen Wearing Shirt
with Symbol Used by Racist Group, WASH. POST (July 28, 2017), https://www.washingtonpost.
com/local/public-safety/dc-police-suspend-officer-seen-wearing-shirt-with-symbol-used-by-
racist-group/2017/07/28/7689c786-73b4-11e7-8f39-eeb7d3a2d304_story.html?utm_term=.
fa4cd5626e40.
an officer made a video of himself in uniform in which he declares “black people

have met their match.”148 This warning seems to be one worth taking note of.
A Kentucky officer was audio recorded calling three black men he stopped
while on duty “monkeys.”149 It is easy to imagine an officer who believes that black
men are comparable to monkeys or who insults strangers to have a problem violating
those men’s civil rights. A Kansas officer was fired, though not prosecuted, for
threatening a black woman’s daughter on Facebook.150 He stated, “we will see how
much her life matters soon . . . hold her close tonight, it will be the last time.”151
Two Memphis officers used Snapchat to show an image of what appeared to be a
white officer pointing a gun at an emoji of a black child.152
Contact with police can result in violence. One in 291 stops/arrests with police
result in death or in an injury that requires hospital care.153 An alarming number of
black people have been injured or killed by police in this country. Two hundred and
thirty-four African Americans were killed by police in the United States in 2016.154
Despite the press about these killings, the number of shootings does not appear to
148
Dan Atkinson, BPD Officials Condemn Racist Video Featuring Patrolman, BOS. HERALD
(June 10, 2017), http://www.bostonherald.com/news/local_coverage/2017/06/bpd_
officials_condemn_racist_video_featuring_patrolman; Boston Police Officer Suspended After
Posting Offensive Video Online, CBS BOS. (June 29, 2017), http://boston.cbslocal.com/2017/06/
29/boston-police-officer-suspended-after-posting-offensive-video-online/; Jessica Schladebeck,
SEE IT: Boston Cop Suspended Over ‘Black People Have Met Their Match’ Video, N.Y. DAILY NEWS
(July 11, 2017), http://www.nydailynews.com/news/national/suspended-black-people-met-
match-video-article-1.3293602; Jennifer Smith, Boston Police Investigate ‘Racist’ Spoof Video of Cop
Which Declares ‘Black People Have Met Their Match,’ DAILY MAIL (June 12, 2017), http://www.
dailymail.co.uk/news/article-4596184/Cop-video-says-black-people-met-match.html.
149
Jason Riley, LMPD Investigating Audio of Officer’s Alleged Racist Remark, WDRB 41
LOUISVILLE NEWS (May 18, 2016), http://www.wdrb.com/story/32006489/lmpd-investigating-
audio-of-officers-alleged-racist-remark.
150
Megan Dillard, Terrified Texas Mom Unsure Why Former Overland Park Officer Targeted
Her with Threatening Facebook Post, FOX 4 KC (July 8, 2016), http://fox4kc.com/2016/07/
08/terrified-texas-mom-unsure-why-former-overland-park-officer-targeted-her-with-threatening-
facebook-post/; Terry Shropshire, Racist Kansas Cop Fired for Threatening Black Women’s Child:
‘We’ll See How Her Life Matters,’ ATLANTA DAILY WORLD (July 11, 2016), https://
atlantadailyworld.com/2016/07/11/racist-kansas-cop-fired-for-threatening-black-womens-child-
well-see-how-her-life-matters/.
151
Shropshire, supra note 150.
152
Greg Coy, Offensive Snapchat Post Leads to Suspension of 2 MPD Officers, FOX 13
MEMPHIS (Jan. 17, 2018), http://www.fox13memphis.com/news/offensive-snapchat-post-leads-
to-suspension-of-2-mpd-officers/392562208.
153
Ted R. Miller et al., Perils of Police Action: A Cautionary Tale from US Data Sets, 23
INJUSTICE PREVENTION 27, 27 (2017).
154
Fatal Force, WASH. POST (2016), https://www.washingtonpost.com/graphics/national/
police-shootings-2016/.
be declining in any significant way.155 Police are much more likely to stop blacks
and Latinos than whites.156 Because a disproportionate number of people of color
are stopped by police, they are disproportionately exposed to violence with police.157
Although there are more white people than black people killed by police, black peo-
ple are 2.5 times more likely to be shot and killed by police than white people be-
cause they make up a much smaller percentage of the population.158 Unarmed blacks
are 5 times more likely to be killed by police than unarmed whites.159
The Cincinnati police officer who was on trial for murder of Samuel Dubose
was wearing a confederate flag t-shirt under his uniform.160 While that fact was ex-
cluded by the trial judge because the judge felt it would “inject an issue of race” into
the trial,161 that the officer wore a symbol of the confederacy and one that many
believe symbolizes racism, may suggest that bias was a motive for the killing. Two
juries split on the issue of whether the killing was criminal or justified.162 Many
people, particularly people of color, see the murder of black men at the hands of
police as evidence of racial animus by the police.
155
987 people were killed by police in 2017 in the United States. Id. That was up from 963
in 2016. Id.
156
See Kevin R. Johnson, How Racial Profiling in America Became the Law of the Land:
United States v. Brignoni-Ponce and Whren v. United States and the Need for Truly Rebellious
Lawyering, 98 GEO. L.J. 1005, 1047 (2010); Tracey Maclin, Race and the Fourth Amendment, 51
VAND. L. REV. 333, 350 (1998); Carol S. Steiker, Second Thoughts About First Principles, 107
HARV. L. REV. 820, 840–41 (1994).
157
Miller et al., supra note 153, at 29. However, once drawn into an encounter with police,
the likelihood of being injured by police seems to remain constant despite race.
158
Wesley Lowrey, Aren’t More White People than Black People Killed by Police? Yes, but No.,
WASH. POST (July 11, 2016), https://www.washingtonpost.com/news/post-nation/wp/2016/07/
11/arent-more-white-people-than-black-people-killed-by-police-yes-but-no/?utm_term=.
b5a45a9d8cd2.
159
Sandhya Somashekhar et al., Black and Unarmed, WASH. POST (Aug. 8, 2015),
http://www.washingtonpost.com/sf/national/2015/08/08/black-and-unarmed/?tid=a_inl&utm_
term=.00e44d0871e7.
160
Dan Sewell, Judge: No Confederate Flag T-Shirt in Ocer’s Retrial, U.S. NEWS (May 26,
2017), https://www.usnews.com/news/best-states/ohio/articles/2017-05-26/ohio-judge-to-hear-
arguments-on-police-trial-evidence.
161
Id.
162
Associated Press, Samuel DuBose Shooting: Second Mistrial Declared in Officer’s Murder
Trial, THE GUARDIAN (June 23, 2017), https://www.theguardian.com/us-news/2017/jun/23/
samuel-dubose-shooting-ray-tensing-trial-mistrial; Eliott C. McLaughlin, Ex-Police Officer Ray
Tensing Will Not Be Tried Again in Fatal Shooting, CNN (July 18, 2017), https://www.cnn.com/
2017/07/18/us/ray-tensing-will-not-be-tried-again/index.html.
A Massachusetts state trooper who shot an unarmed person of color in 2018

was discovered to have made a number of racist remarks anonymously as Big Irish,
on an online forum called Masscops in 2012.163 In these posts the officer refers to
black people as “crack smoking,” “EBT receiving,” and “gang banging.”164 Referring
to two racially diverse neighborhoods in Boston, he wrote, “[Expletive] the people
of Mission Hill and Roxbury!!”165 He also used the “n” word as well.166 His numer-
ous posts were no doubt seen by other Massachusetts police.
One of the most disturbing accounts of an officer with ties to the KKK is the
Chicago police officer who was convicted of torturing 100 African Americans men
allegedly suspected of crimes.167 This officer visited many terrible horrors on black
men, including applying cattle prods to men’s testicles.168 If he had been identified
as someone with ties to the KKK much earlier, it is unlikely he would have been in
the position to carry out these inconceivable deeds.
Because of the violence that may happen at the hands of the police, many fear
bringing police into disputes. Some feel that it is not worth it to summon the police
if that can bring violence into your home or to oneself.169 This is particularly true
for people of color. The erosion of trust between the police and the people they are
meant to serve is a significant problem for society. If law is meant to be a vehicle for
163
Evan Allen & Andrea Estes, Trooper Involved in Shooting Has History of Racist Online
Posts, BOS. GLOBE (Mar. 1, 2018), https://www.bostonglobe.com/metro/2018/03/01/state-
trooper-involved-shooting-has-history-racist-online-posts/0l1bJhMSvNM69RBN30R6RJ/
story.html?event=event25.
164
Id.
165
Id.
166
Id.
167
Samuel Vincent Jones, Law Enforcement and White Power: An FBI Report Unraveled, 41
T. MARSHALL L. REV. 103, 104 (2015).
168
Marwa Eltagouri, Chicago’s New Center for Police-Torture Victims Is First of Its Kind in
U.S., CHI. TRIBUNE (May 27, 2017), http://www.chicagotribune.com/news/local/breaking/ct-
burge-torture-justice-center-met-20170526-story.html.
169
See Nikole Hannah-Jones, Yes, Black America Fears the Police. Here’s Why., PROPUBLICA
(Mar. 4, 2015), https://www.propublica.org/article/yes-black-america-fears-the-police-heres-why.
public safety and security in any regard, then police, prosecutors, and judges all need
to address this pressing issue of racism in police departments.
V. RACIAL BIAS IN THE CRIMINAL LAW
The solution of using Brady to get to this serious problem is not without ob-
stacles. Unfortunately, American jurisprudence allows a significant amount of racial
bias.170 Many legal scholars and observers have opined about the ways that the Su-
preme Court has allowed police and prosecutors to discriminate in criminal cases.171
First, the Supreme Court allowed police to make stops of American citizens on less
than probable cause in Terry v. Ohio.172 The Supreme Court has allowed for racially
discriminatory impact in the criminal justice context as long as that is not the pur-
pose behind a law.173 Even more damaging to the rights of everyday people of color
was when the Court next allowed police to make pretextual stops of citizens in its
decision in Whren,174 giving officers unfettered ability to stop black people and La-
tinos at higher numbers. As Michelle Alexander wrote, granting police officers enor-
mous authority to stop individuals ensures that, “conscious and unconscious racial
beliefs and stereotypes will be given free rein.”175 Justice Sotomayor even mentions
Whren in her dissent in Utah v. Strieff as one of the many reasons that people of
color must have “the talk” with their children to keep them safe from police.176
Supreme Court precedent and the entire criminal justice system are delegiti-
mized by allowing affirmatively racist police on the force. Were the court to
acknowledge the existence of white supremacist ideology on police forces, many
cases would have to be reimagined. Take Illinois v. Wardlow for example—in that
case the Court said flight at the sight of police amounts to reasonable suspicion
justifying a stop if it takes place in a high crime area.177 But if the Court were to
consider the fact that the person fleeing was black and that the officer pursuing him
was a white one who harbored racial animus towards black people as these texts,
emails, and social media post show, the case would have to be decided differently.
Indeed, the Supreme Judicial Court of Massachusetts, has found that black
people have legitimate reason to flee to avoid police and that flight should not be
170
See BUTLER, supra note 41, at 56–57, 59.
171
Id. at 59–69; ALEXANDER, supra note 2, at 109; DAVID COLE, NO EQUAL JUSTICE: RACE
AND CLASS IN THE AMERICAN CRIMINAL JUSTICE SYSTEM 5–7 (1999).
172
Terry v. Ohio, 392 U.S. 1, 24 (1968).
173
See McKlesky v. Kemp, 481 U.S. 279, 298 (1989).
174
Id. at 298; Whren v. U.S., 517 U.S. 806, 818–19 (1996); see also Angela J. Davis, Race,
Cops and Traffic Stops, 51 U. MIAMI L. REV. 425, 432–34 (1997).
175
ALEXANDER, supra note 2, at 103.
176
Utah v. Strieff, 136 S. Ct. 2056, 2070 (2016) (Sotomayor, J., dissenting).
177
Illinois v. Wardlow, 528 U.S. 119, 124–25 (2000).
considered in a probable cause analysis except in cases of investigatory stops.178 The

court cited the Boston police department’s history of racial profiling against black
men in coming to its ruling.179 With that ruling, the court at acknowledged bias by
police against black men.
And despite the number of cases that limit racial justice reform in the criminal
justice system, there are other instances where the Supreme Court has made it clear
that criminal defendants have the right to inquire into racial animus. Questions
about racial prejudice are some of the only guaranteed questioning allowed by the
defense under the constitution during jury selection.180 Defense attorneys are per-
mitted to question the racial motives of the prosecution in its dismissing of prospec-
tive jurors under Batson.181 The Court has ruled that racial bias during jury deliber-
ations violates the Sixth Amendment,182 reversing its previous stance that jury
deliberations were un-pierceable.183 The Court wrote, “[t]he duty to confront racial
animus in the justice system is not the legislature’s alone.”184 The court goes on to
say that, “racial bias is a familiar and recurring evil that, if left unaddressed would
risk systemic injury to the administration of justice.”185 So, while the Supreme Court
has allowed racial discrimination in the criminal justice system, it has also sought to
limit it.
No legitimate criminal trial or appellate court would sanction or endorse white
supremacist police officers existing on a police force. Requiring police and prosecu-
tors to discover whether officers harbor conscious racism does not seem to be too
extreme a position for the courts. Of course, the burden to the police and prosecu-
tors to identify and discipline these officers is minimal when compared to the risks
to individuals of color and the greater community if these officers continue to exist
on the force. The system cannot continue as a legitimate one without either remov-
ing consciously biased police officers or acknowledging the inherent bias in the crim-
inal justice system and giving defendants and arrestees avenues to address it through
the law.
178
Commonwealth v. Warren, 58 N.E.3d 333, 341–42 (Mass. 2016).
179
Id.
180
Ham v. South Carolina, 409 U.S. 524, 528 (1973).
181
Batson v. Kentucky, 476 U.S. 79, 80 (1986).
182
Pena-Rodriquez v. Colorado, 137 S. Ct. 855, 869, 871 (2017).
183
See id. at 866, 875, 876 n.2 (“The extraneous influence exception, like the no-
impeachment rule itself, is directed at protecting jury deliberations against unwarranted
interference.”).
184
Id. at 867.
185
Id. at 868.
VI. BRADY AND RACIAL BIAS
It is likely uncontroversial among reasonable people that white supremacist

views should have no place on police forces. But yet, there is evidence that those
views are expressed by some police officers. It should therefore be the goal of every-
one in the criminal justice system to expose these police. Those in the best position
to do so are police and prosecutors. The Brady doctrine applies to both police and
prosecutors. The Supreme Court held in the landmark case of Brady v. Maryland
“that the suppression by the prosecution of evidence favorable to an accused . . . vi-
olates due process where the evidence is material either to guilt or to punishment,
irrespective of the good faith or bad faith of the prosecution.”186
There is no question that exposing a police officer with a record of racism can
harm or undermine a criminal prosecution and is thus favorable to the defense. The
1990s O.J. Simpson double murder trial is an example of how jurors can be so
turned off by an officer’s racism that they question the officer’s veracity and role in
the investigation. In that case, the officer’s “racist past became a focal point” in the
trial.187 In the O.J. Simpson case, Officer Mark Fuhrman was found to have used
the “n” word at least 40 times and said other racist epithets in a recording.188 This
fact, and the fact that he denied it under oath and the recording proved he had lied,
helped the defense argue that evidence of Simpson’s guilt may have been planted by
the officer.189
With the Simpson case in mind, it is easy to see how information that the
government possesses that an officer harbors racial animus is favorable to the ac-
cused. Due Process applies equally to police and prosecutors.190 So, information that
the individual police officer knows must be disclosed to the defense. Of course, most
officers who have that type of hostility towards people of color would not disclose
it for any number of reasons. But that does not alleviate everyone else of their re-
sponsibilities to the defense, to Due Process, and to Brady. Police superiors and
prosecutors cannot turn a blind eye to problems. They must endeavor to learn about
problems. This again shows how disclosing the information would be favorable to
the defense as well as material.
Few cases directly get at whether a police officer’s racist views constitute Brady
material. The Supreme Court has never ruled on the issue. Appellate courts have
found membership in a hate group to be a proper line of cross examination.191 But
186
Brady v. Maryland, 373 U.S. 83, 87 (1963).
187
V. Dion Haynes, Fuhrman Bargains Out of Jail Time, CHI. TRIBUNE (Oct. 3, 1996),
http://articles.chicagotribune.com/1996-10-03/news/9610030184_1_detective-mark-fuhrman-
mr-fuhrman-simpson-civil-trial.
188
Id.
189
Id.
190
See Kyles v. Whitley, 514 U.S. 419, 437 (1995).
191
See, e.g., United States v. Figueroa, 548 F.3d 222, 229 (2d Cir. 2008).
given that bias and membership in a hate group are proper areas for cross-examina-
tion and in light of the fact that Brady applies to impeachment evidence infor-
mation,192 bias or hate group membership is impeachment material. This is partic-
ularly true where the police officer witness is a central witness in a case (as they often
are) and the defendant is a person of color.
A few lower courts have addressed the issue. In one 1999 case, prosecutors
failed to disclose racist comments made by a DEA supervisor in a drug case. The
court found that the suppressed information did not constitute Brady since the DEA
agent did not testify.193 However, in a 2008 case, State v. Williams, a New Jersey
appellate court found that the government did need to disclose, as Brady material,
information that a non-testifying superior officer used a racial epithet to describe
the defendant, a black man.194 The court wrote, “there can be no dispute that a
criminal investigation infected by racial animus would violate a defendant’s Due
Process rights.”195
The San Francisco police department turned over the racist and homophobic
texts of the officer at the heart of the racist testing scandal for use by the defense in
a case in which one of the officers was involved.196 Prosecutors in D.C. informed
the defense of an investigation into the officer involved in the controversial t-shirt
there.197 This decision, no doubt, was motivated by a desire to comply with Brady
and Due Process. So, it seems that courts and prosecutors’ offices would recognize
this type of evidence as Brady evidence as it may (1) show bias against the defendants
and (2) be evidence that impeaches the officer’s character. Thus, it would be favor-
able to the defense.
Brady, rooted in Due Process, requires that anything that the government
knows that is favorable to the defense be turned over to the defense for use at trial.
The rule applies to the entire prosecutor team—police as well. Kyles v. Whitley made
clear that not only must prosecutors learn of exculpatory information known to
police but suggests that “procedures and regulations” be put in place to ensure it.198
It is hard to imagine that courts would believe that if police or prosecutors
knew that a police officer witness was a white supremacist that the government
would not have to turn that information over if the defendant were of the same race
against whom the officer harbors racial hatred. If this premise is accurate then police
192
Giglio v. United States, 405 U.S. 150, 153–54 (1972).
193
United States v. Willis, 43 F. Supp. 2d 873, 880–82, 885, 889 (N.D. Ill. 1999).
194
State v. Williams, 956 A.2d 375, 381 (N.J. 2008).
195
Id. at 380.
196
197
Keith L. Alexander & Peter Hermann, Controversial Police T-Shirt Leads to Dismissal in
D.C. Gun Case, WASH. POST (Aug. 5, 2017), https://www.washingtonpost.com/local/public-
safety/controversial-police-t-shirt-leads-to-dismissal-in-dc-gun-case/2017/08/05/0cf3d63c-7908-
11e7-8f39-eeb7d3a2d304_story.html?utm_term=.de02dec25825.
198
Id.
and prosecutors should have to discover who on the police force holds these racist
ideologies. This is information that is within the possession of the government be-
cause it is the government agent him or herself who possesses it.
In some jurisdictions199 prosecutors already turn over to the defense police of-
ficer complaints and internal investigations and discipline under the Supreme
Court’s mandate in Giglio200 that any information that impeaches a government
witness’ credibility be disclosed.201 While this practice has been done inconsistently
across the country by prosecutors, this is an area that is receiving attention by schol-
ars.202 It seems obvious that at least where officer credibility is an issue in a case and
the defendant is not white, that evidence of racial bias should be disclosed as im-
peachment information.
Similarly, the Court in Davis v. Alaska found that motive to curry favor with
the government was evidence about which the defense was entitled to confront a
government witness.203 In a different context, the Supreme Court found that a wit-
ness’s membership in a white supremacist group, the Aryan Brotherhood prison
gang, was proper grounds for bias cross-examination because their “common mem-
bership in an organization, even without proof that [they had] personally adopted
its tenets, is certainly probative of bias.”204 It seems clear that bias possessed by an
officer is fertile ground for cross-examination.
There is little doubt that some prosecutors and police departments will resist
an obligation to seek out information that police harbor racial animus. Such a re-
sponsibility may be seen as too large an undertaking, or police and prosecutors may
not want to infringe on the close relationship they enjoy with one another by inves-
tigating their friends or colleagues on the force. A possible argument that could be
advanced by prosecutors against such a rule might be that that it is not required by
the Supreme Court’s decision in Arizona v. Youngblood.205 The Court found in
Youngblood that the government did not violate Due Process when they failed to
199
The District of Columbia, where I practice, makes such disclosures in every criminal case
for which there is a trial date and officers are government witnesses.
200
Giglio v. United States, 405 U.S. 150, 154 (1972).
201
For a discussion of the issue, see Jonathan Abel, Brady’s Blind Spot: Impeachment in Police
Personnel Files and The Battle Splitting the Prosecution Team, 67 STAN. L. REV. 743, 745–46, 748,
762, 773 (2015); see also Cynthia H. Conti-Cook, Defending the Public: Police Accountability in
the Courtroom, 46 SETON HALL L. REV. 1063, 1077 (2016).
202
Conti-Cook, supra note 200, at 1077; see also Cynthia Conti-Cook, Open Data Policing,
106 GEO. L.J. ONLINE, 1, 4 (2017), https://georgetownlawjournal.org/articles/243/open-data-
policing/pdf.
203
Davis v. Alaska, 415 U.S. 308, 318 (1974).
204
United States v. Abel, 469 U.S. 45, 52 (1984).
205
Arizona v. Youngblood, 488 U.S. 51 (1988).
test a semen sample and failed to preserve it for testing by the defense.206 The hold-
ing in Youngblood was that the government’ failure to preserve was negligent rather
than in bad faith.207
The government could analogize to Youngblood and argue that they shouldn’t
have the obligation to look for information if they do not know it exists. In
Youngblood, it was assumed that the government did not know whether or not the
information contained in the sample would be inculpatory208 or not.209 But unlike
Youngblood when an officer holds these conscious beliefs, he is aware of them. Com-
parisons to Youngblood therefore fail.
Another instance in which prosecutors or police may argue that impeaching
information does not need to be disclosed is where only the motion to suppress
implicates police officer credibility or where that is the only instance in which the
officer may be a witness. Brady has traditionally been seen as applying to motions to
suppress. However, the Ninth Circuit210, Fifth Circuit,211 and District of Columbia
Court of Appeals have found that the government’s failure to turn over information
that was favorable to a motion also violated Brady.212 So in many jurisdictions the
government cannot win that argument either.
Rather than avoiding learning this powerful information about police officer
bias or failing to disclose it, the government should endeavor to learn it. At the
beginning of every prosecution, prosecutors should investigate the officers involved.
This should be particularly true where there was evidence gathered by officers that
might be subject of a motion to suppress or if the facts of the case are such that the
officer’s credibility may play a central role. In those types of cases—drugs cases,
undercover stings, assault on a police officer cases—the prosecutors should look to
see whether there exists any evidence that the officer harbors racial biases. This
would mean examining their social media accounts and monitoring their emails213
206
Id. at 51.
207
“[F]ailure to preserve potentially useful evidence does not constitute a denial of Due
Process of law.” Id. at 58.
208
It turned out that the semen sample would have been exculpatory. Mr. Youngblood was
exonerated after serving 15 years in prison. The Cases–Larry Youngblood, INNOCENCE PROJECT,
https://www.innocenceproject.org/cases/larry-youngblood/ (last visited Sept. 9, 2018).
209
Youngblood, 488 U.S. at 59.
210
United States. v. Gamez-Orduno, 235 F.3d 453, 461 (9th Cir. 2000).
211
Smith v. Black, 904 F.2d 950, 965–66 (5th Cir. 1990), vacated on other grounds, Smith
v. Black, 503 U.S. 930 (1992).
212
Biles v. United States, 101 A.3d 1012, 1019–20 (D.C. Cir. 2014); see also Porter v.
United States, 7 A.3d 1021, 1025–26 (D.C. Cir. 2010).
213
L.V. Anderson, Is Your Boss Reading Your Email?, SLATE (Feb. 24, 2016), http://www.
slate.com/articles/business/the_ladder/2016/02/is_your_boss_reading_your_email_and_monitor
ing_your_internet_use.html. See also City of Ontario v. Quon, 560 U.S. 746, 747, 751, 760–62,
765 (2010) (the practice of employers reading the emails of employees is common and legal).
and texts for key words that could be suggestive of racial animus. This investigation
must be done without the officer being informed of it. Offending officers no doubt
would take down troubling posts.
The Court long ago found that prosecutors may not avoid learning infor-
mation that is favorable to the defense.214 Indeed there is an affirmative “duty to
learn” information known to the police.215 So obviously while an individual police
officer knows he harbors these beliefs, he is not going to disclose them to the pros-
ecutor handling cases in which he is a witness. That means that prosecutors and
police supervisors must learn which police officers carry with them racial animus.
Pursued with integrity and zeal, Brady is a valid way for police and prosecutors to
tackle the serious problem of intentional bias on police forces in the United States.
VII. OTHER SOLUTIONS
It must be acknowledged that many police and prosecutors have failed to im-
plement the goals of Brady. Judges and scholars have also noted that prosecutors
generally have a dismal record at living up to Brady’s mandate.216 Prosecutors’ and
the police’s failure to comply with Brady is one of the main reasons cited in explain-
ing wrongful convictions.217 Brady is also the most common reason appellate courts
reverse criminal convictions.218 It has been called “one of the most unenforced con-
stitutional mandates in the criminal justice system.”219
Scholars and the public have been suggesting solutions to the problems of po-
lice accountability. Likewise, while it is in the interest of justice to rid police depart-
ments of these obviously racist officers, prosecutors have so far shown little interest
in doing so. With so few prosecutions of police even in the wake of high profile
murders of unarmed civilians, it is not hard to see that most prosecutors have failed
to act vigorously to rid police departments of troubled officers.220 Few efforts to rid
214
Kyles v. Whitley, 514 U.S. 419, 437 (1995).
215
Id.
216
See, e.g., United States v. Olson, 737 F.3d 625, 630–31 (9th Cir. 2013) (Kozinski, J.,
dissenting); Cynthia E. Jones, Here Comes the Judge: A Model for Judicial Oversight and Regulation
of the Brady Disclosure Duty, 46 HOFSTRA L. REV. 87, 87 (2017); Anne Bowen Poulin, Convictions
Based on Lies: Defining Due Process Protection, 116 PENN ST. L. REV. 331, 359 (2011).
217
Brian Gregory, Brady is the Problem: Wrongful Convictions and the Case for “Open File”
Criminal Discovery, 46 U.S.F.L. REV. 819, 819 (2012).
218
See BENNETT L. GERSHMAN, PROSECUTORIAL MISCONDUCT IX (2d ed. 2012) (“A
prosecutor’s violation of the obligation to disclose favorable evidence accounts for more
miscarriages of justice than any other type of malpractice, but is rarely sanctioned by courts, and
almost never by disciplinary bodies.”).
219
Cynthia E. Jones, A Reason to Doubt: The Suppression of Evidence and the Inference of
Innocence, 100 J. CRIM. L. & CRIMINOLOGY 415, 434 (2010), http://scholarlycommons.law.
northwestern.edu/cgi/viewcontent.cgi?article=7353&context=jclc.
220
See Kate Levine, Who Shouldn’t Prosecute the Police, 101 IOWA L. REV. 1447, 1449
departments of problem officers, even in this moment of heightened scrutiny, have

been seen.
In addition to the constitutional reasons that the government must share with
the defense that an officer has extremist views, police departments and prosecutors
have other reasons to find out which officers are explicit racists. The best way to
avoid a white supremacist on the police department is to never hire him or her in
the first place. Screening interview questions must be employed. Prospective appli-
cants should also have to submit to tattoo checks so that any white supremacist
tattoos will be identified.221 Deep investigation into any particular hire is prudent.
While costly, these measures are another way to protect the safety of the community
and the police force. Prospective officers should have to prove they are not racist
before they are given a gun and free reign to stop citizens.
Many police departments use personality tests during hiring.222 But those may
not get at racial bias. Questions that ferret out unacceptable views on race should be
asked of prospective officers. Unconscious bias testing should also be employed.223
Avoiding employees with significant biases should be the goal of any fair employer.
But given how disproportionate the criminal justice system has come down on peo-
ple of color and recognizing how racism in the criminal justice system delegitimizes
it, not hiring racist police should be one of the foremost goals of police departments.
Background checks and personality tests should not be limited only to new
hires. Officers already employed by the department must also be screened for ex-
treme racial views. Superior officers in particular need to be vetted carefully prior to
any promotion.
Because of their position of power, an officer who harbors racial animus will
fail to report other officers. Internet and social media investigations should be per-
formed periodically at random in order to discover whether any officer is hiding
membership in a hate group or harboring racist views. These searches must be held
secret until they are completed with few aware that they are taking place. Outside
contractors could be hired for the job.
(2016).
221
See Daniel Trotta, U.S. Army Battling Racists Within Its Own Ranks, REUTERS (Aug. 12,
2012), https://www.reuters.com/article/us-usa-wisconsin-shooting-army/u-s-army-battling-racists-
within-its-own-ranks-idUSBRE87K04Y20120821 (military recruits are supposed to submit to
tattoo checks to check for membership in gangs or white supremacist organizations.).
222
See Laurence Miller, How to Pass Your Police Pre-Employment Psych Screening Without
Going Nuts, POLICEONE.COM (July 16, 2007), https://www.policeone.com/health-fitness/
articles/1282462-How-to-pass-your-police-pre-employment-psych-screening-without-going-
nuts/ (personality testing is so commonplace that there are even websites to help officers do well
on the tests.).
223
See Jeffrey Kluger, There Is a Test that May Reveal Racial Bias in Police—and in All of Us,
TIME MAGAZINE (July 8, 2016), http://time.com/4398505/implicit-association-racism-test/; see
also The Implicit Association Test, PROJECT IMPLICIT, https://implicit.harvard.edu/implicit/
takeatest.html (last visited Nov. 19, 2018).
Departments that are serious about keeping racists out of their departments
must also monitor emails and texts in addition to social media and internet presence.
For officers already in departments, surveillance of their social media, texts, and
emails should take place periodically and in secret. We know that many police de-
partments have the resources to do this type of investigation because they conduct
these types of investigations against the citizens of the areas they serve in other in-
vestigations.
Employers already have the right to monitor the use of company phones and
email. There is little question that the department has the legal right to monitor
email, texts, and on-duty social media use. As a public policy matter this type of
monitoring is essential to keep officers who are biased off the force.
Once officers are discovered that harbor these views, they must be fired imme-
diately. Extremist racial views simply should not be tolerated by anyone on the force.
Officers who received or viewed the inappropriate texts or emails but failed to report
them should also face discipline even if they remained silent and did not respond.
This will encourage fellow offices to report other officers with troubling views. The
message has to be sent that people with these views will not remain on the force.
It may be wise for police departments and prosecutors to hire outsiders to do
theses searches of longtime officer’s email, texts, and social media accounts. Con-
flicts of interest224 and friendships with the offending officers may cause one to give
an officer the benefit of the doubt. Officers often rely on one another in the street
for personal safety and need one another for advancement and promotion. Prosecu-
tors of course need police officers to help them build their criminal cases, so they
may be wary of surveillance techniques. Prosecutors and police who are distanced
from prevailing office culture or building cases that rely on officers need to be indi-
viduals empowered to make decisions to rid the police department of officers who
carry racist attitudes.
Police unions must stop protecting these appalling attitudes as well. Police un-
ions have enormous power225 and do a great job advocating for their members. But
this means that they protect individual police officers who have committed horrible
acts and hold dreadful views.226 This instinct to protect all officers for every offense
has been detrimental to police departments and police officers as a whole in the long
run as it results in these bad apples being reinstated to the force or avoid punishment
224
For an interesting discussion of conflicts of interest between police and prosecutors, see
Levine, supra note 220, at 1449; see also Vida B. Johnson, Bias in Blue, 44 PEPP. L. REV. 245,
254–304 (2017).
225
See Marcia McCormick, Our Uneasiness with Police Unions: Power and Voice for the
Powerful, 35 ST. LOUIS U. PUB. L. REV. 47, 52–60 (2015).
226
See Conor Friedersdorf, How Police Unions and Arbitrators Keep Abusive Cops on the Street,
ATLANTIC (Dec. 2, 2014), https://www.theatlantic.com/politics/archive/2014/12/how-police-
unions-keep-abusive-cops-on-the-street/383258/.
altogether. Police officers often face few repercussions for their actions.227 Police
unions’ ability to help officers avoid serious consequences for racist behavior and
violence228 has no doubt contributed to it spreading on the force and the diminished
reputation of police in many communities.
Unions have generally been seen as opposed to policing reforms.229 A less ag-
gressive stance against police discipline, including the termination of consciously
biased officers, should be a goal of police unions that would ultimately help all good
police officers as well as the reputation of the criminal justice system. However,
unions ultimately answer to their members.
Since prosecutors generally have done a lackluster job of policing the police
when it comes to shooting of unarmed citizens or living up to the ideals of Brady,
other institutional players must become involved. Interested legislatures or mayors
in cities and towns where mayors have oversight over police departments should
consider mandating the measures suggested here to identify the officers with these
inexcusable views. While these steps may seem difficult to implement and costly,
they could potentially save individual cities significant resources in fewer civil set-
tlements. This could also help the criminal justice system regain some of its loss of
legitimacy in the eyes of the communities these officers are supposed to serve.
Allowing racist officers to remain on the force gives them an opportunity to
recruit more officers. Even if they do not try to explicitly recruit other officers into
their groups, they may be able to infect them in their attitudes towards people of
color in more subtle ways. Racist officers may be more likely to plant evidence, pro-
file and behave violently towards people of color in the communities they police. As
discussed earlier, this has significant ramifications for the community and the per-
ceptions of the criminal justice system.
CONCLUSION
Prosecutors in New Jersey had a role in the firing of the chief there who emailed
his fellow officers and told them to racially profile black people in white neighbor-
hoods.230 They informed the town council that the chief’s statement violated the
227
See id.
228
See id.
229
See McCormick, supra note 224, at 56–57; see also Katherine J. Bies, Note, Let the
Sunshine In: Illuminating the Powerful Role Police Unions Play in Shielding Officer Misconduct, 28
STAN. L. & POL’ Y REV. 109, 112, 143 (2017); David Brooks, The Union Future, N.Y. TIMES
(Dec. 18, 2014), https://www.nytimes.com/2014/12/19/opinion/david-brooks-the-union-future.
html.
230
Salinger, supra note 136.
constitution and the police profiling statute in that state.231 Prosecutors in San Fran-
cisco turned over evidence of racial bias to the defense.232 Prosecutors elsewhere can
take a more active role in the quality of the officers they work with. The Brady
doctrine is the legal mechanism through which prosecutors can help rid police de-
partments of their most racist members. Providing the defense with information
about which officers hold these views will mean that police officers are exposed in
open public courtrooms. This in turn will mean that those officers will either be
removed from the force or unable to be witnesses for the government in criminal
trials, which will at least mean that their ability to advance in their jobs will come
to a halt.
If prosecutors use Brady’s mandate of turning over all favorable information to
the accused, police departments would be motivated to make sure that they did not
hire officers who hold consciously racist beliefs. White supremacists would be una-
ble to find jobs in police departments and those already installed in departments
would be terminated.
Prosecutors have generally done a poor job of complying with their Brady ob-
ligations as it remains the top reason for appellate reversals, and failure to comply
with Brady is one of the top reasons for wrongful convictions. Expanding or extend-
ing the police and prosecutors’ job into looking for racism in their ranks then seems
difficult. Social media, texts messages, and other electronic means of communica-
tion have made this search much easier.
But with or without the use of Brady as a tool by prosecutors, police depart-
ments and local governments should begin to test prospective applicants and surveil
their social media and internet presence. And just as important, current officers’
emails and texts need to be monitored for racist content in addition to their social
media accounts and other online identities.
Good prosecutors want to be seen as legitimately pursuing public safety goals
rather than pursuing a racist agenda set by extremist police. Racist police hurt the
cases that prosecutors look to them to help bring. Prosecutors and police should be
active in identifying and ending the careers of those who hold racist views. Prosecu-
tors are slightly more divorced from the officers they work with than members of
the force that may rely on their fellow officers for safety in the streets.
Only with good institutional partners like prosecutors and progressive police
chiefs can we rid police departments of police officers with racial prejudice. The
Brady doctrine is one tool that can be used to accomplish this necessary and im-
portant goal.
231
See id.
232
Appendix
States and Police Departments with Incidents
State Police Footnote Citation(s)
Department #(s)
AL Anniston 74–77 Stephen Crews, Alabama Cops Suspended After Hate Group Allegations, DOTHAN FIRST, http://www.
County dothanfirst.com/news/top-stories/alabama-cops-suspended-after-hate-group-allegations (last visited
Police July 5, 2018); Lance Griffin, Residents Ask Dothan Commission to Remove Police Chief Steve Parrish,
Department DOTHAN EAGLE (Dec. 15, 2015), http://www.dothaneagle.com/news/government/residents-ask-
dothan-commission-to-remove-police-chief-steve-parrish/article_907b914c-a372-11e5-b4e6-
5b1d7e475562.html.
Talladega 114 Lindsey Bever, Alabama Officer Fired Over Racist Meme Calling Michelle Obama ‘Fluent in Ghetto,’
Police WASH. POST (Nov. 19, 2016), https://www.washingtonpost.com/news/post-nation/wp/2016/11/
Department 19/alabama-officer-fired-over-racist-meme-calling-michelle-obama-fluent-in-ghetto/?utm_term=.
4254209d44d3.
AK Anchorage Laurel Andrews, Jury Awards Former Anchorage Police Officers Nearly $1 Million Each in Racial
Police Discrimination Suit, ALASKA DISPATCH NEWS (Mar. 8, 2017), https://www.adn.com/alaska-
Department news/crime-courts/2017/03/07/jury-awards-former-anchorage-police-officers-nearly-1-million-each-
in-racial-discrimination-lawsuit/; Megan Holland, Police Officers Claim Racism in Lawsuit, ALASKA
DISPATCH NEWS (Sept. 27, 2016), https://www.adn.com/alaska-news/article/police-officers-claim-
racism-lawsuit/2010/06/30/.
AZ Phoenix Michael Ferraresi, Fired Police Officer’s Slurs vs. Others Tallied in Report, ARIZ. REPUBLIC (June 17,
Police 2010), http://archive.azcentral.com/arizonarepublic/local/articles/2010/06/17/20100617phoenix-
Department police-officer-racial-slurs.html.
AR Benton 112 Brandon Riddle, Department: Arkansas Officer Fired Over Social Media Posts on Black Lives Matter
County Movement, ARK. ONLINE (Sept. 27, 2016), http://www.arkansasonline.com/news/2016/sep/27/
Sheriff's arkansas-officer-fired-over-social-media-posts-pol/.
Office
Little Rock Benjamin Fearnow, African-American Police Chief Accused of Racial Discrimination by Four Black
Police Officers, NEWSWEEK (Mar. 13, 2018), http://www.newsweek.com/little-rock-police-discrimination-
Department lawsuit-racism-kenton-buckner-african-843510.
CA Los Angeles 66 Kenneth B. Noble, Issue of Racism Erupts in Simpson Trial, N.Y. TIMES (Jan. 14, 1995), https://www.
Police nytimes.com/1995/01/14/us/issue-of-racism-erupts-in-simpson-trial.html.
Department
Los Angeles 128 Justin Carissimo, Top Los Angeles Police Official Resigns Over Racist and Islamophobic Emails,
County INDEPENDENT (May 1, 2016), http://www.independent.co.uk/news/world/americas/top-los-angeles-
Sheriff police-official-resigns-over-racist-and-islamophobic-emails-a7009536.html.
Department
San Francisco 96–98 Michael Barba, Racist Text Scandal Reaches Appeals Court as SF Seeks to Discipline Officers, S.F.
Police EXAMINER (May 9, 2018), http://www.sfexaminer.com/racist-text-scandal-reaches-appeals-court-sf-
Department seeks-discipline-officers/; Peggy Bunker, San Francisco Police Officer Linked to Racist Texts is Fired,
NBC BAY AREA (Apr. 3, 2017), http://www.nbcbayarea.com/news/local/San-Francisco-Police-Officer-
Linked-to-Racist-Texts-is-Fired-418024043.html; Former SFPD Lieutenant Linked To Texting Scandal
Pleads Guilty To Filing False Report, CBS S.F. BAY AREA (Sept. 14, 2017), http://sanfrancisco.cbslocal.
com/2017/09/14/sfpd-lieutenant-guilty-plea-texting-scandal/; Scott Glover & Dan Simon, ‘Wild
Animals’: Racist Texts Sent by San Francisco Police Officer, Documents Show, CNN (Apr. 26, 2016),
https://www.cnn.com/2016/04/26/us/racist-texts-san-francisco-police-officer/index.html; Aaron Pero,
San Francisco Police Officer Fired for Racist Text Messages, KRON 4 (Apr. 4, 2017), http://kron4.
com/2017/04/04/san-francisco-police-officer-fired-for-racist-text-messages/.
Department #(s)
Justin Carissimo, Calif. Police Officer Investigated Over Alleged Racial Slur During Traffic Stop, CBS
NEWS (Jul. 9, 2017), http://www.cbsnews.com/news/vallejo-police-officer-racial-slur-cellphone-video-
traffic-stop/.
Bay City News, SFPD Officer Charged in Alleged Whistleblowing Case Draws Support of Protesters, S.F.
EXAMINER (Nov. 15, 2017), http://www.sfexaminer.com/sfpd-officer-charged-alleged-whistleblowing-
case-draws-support-protesters/; Jaxon Van Derbeken, ‘Living Hell’: Accused San Francisco Police Officer
Claims Whistleblower Retaliation, NBC BAY AREA (Sept. 30, 2017), https://www.nbcbayarea.com/
news/local/Living-Hell-Accused-San-Francisco-Police-Officer-Claims-Whistleblower-Retaliation-
448819653.html.
Michael Barba, Muslim Officer Blows Whistle on ‘Blatant Racism’ in SFPD, S.F. WEEKLY (Apr. 10,
2018), http://www.sfexaminer.com/muslim-officer-blows-whistle-blatant-racism-sfpd/; Allie Rasmus
& Lisa Fernandez, Afghan San Francisco Police Officer Says Some Colleagues Called Him a Terrorist,
Muted Body Cameras, FOX 2 KTVU (Apr. 11, 2018), http://www.ktvu.com/news/afghan-police-
officer-in-san-francisco-says-colleagues-called-him-a-terrorist-mocked-other-cultures; Nuala Sawyer,
Another Racism Scandal Hits SFPD, S.F. WEEKLY (Apr. 10, 2018),
http://www.sfweekly.com/news/another-racism-scandal-hits-sfpd/.
Oakland 99 Rachel Swan et al., Oakland Police Bombshells: Racist Texts, Latest Chief Steps Down, SF GATE (June 18,
Police 2016), https://www.sfgate.com/news/article/Latest-Oakland-police-chief-is-out-after-two-days-
Department 8310286.php.
Alameda Kimberly Veklerov, Alameda County Sheriff’s Office Catches Heat for Retweet of White Nationalist, SF
County GATE (Aug. 15, 2017), http://www.sfgate.com/bayarea/article/Alameda-County-sheriff-s-office-
Sheriff’s catches-heat-11820797.php.
Office
Sacramento Alex Horton & Wesley Lowery, ‘Our City Is Hurting’: Protesters Swarm Downtown Sacramento
Police Following Deadly Police Shooting, WASH. POST (Mar. 23, 2018), https://www.washingtonpost.
Department com/news/post-nation/wp/2018/03/21/police-shot-a-man-20-times-in-his-back-yard-thinking-he-had-
a-gun-it-was-a-cellphone/?utm_term=.dd9ee41542db.
San Jose Damian Trujillo, San Jose Police Officer Fired for Racist Tweets Back on Patrol, NBC BAY AREA (Feb.
Police 18, 2016), http://www.nbcbayarea.com/news/local/Officer-Fired-for-Racist-Tweets-Back-on-Patrol-
Department for-San-Jose-Police-Department-369351621.html.
Seaside Police James Herrera, Monterey County Police Chief to Retire After Reports of Questionable Facebook Posts,
Department MERCURY NEWS (Sept. 19, 2017), http://www.mercurynews.com/2017/09/19/seaside-police-chief-to-
retire-after-reports-of-questionable-facebook-posts/; Amy Larson, Seaside Police Chief to Retire in Wake
of Facebook Posts., KSBW (Sept. 18, 2017), http://www.ksbw.com/article/seaside-police-chief-
announces-plans-to-retire-after-being-placed-on-administrative-leave/12270978; David Schmalz,
Seaside Puts Police Chief Robert Jackson on Administrative Leave., MONTEREY COUNTY WKLY. (Sept.
18, 2017), http://www.montereycountyweekly.com/blogs/news_blog/seaside-puts-police-chief-robert-
jackson-on-administrative-leave/article_307aebf4-9ca3-11e7-a7df-2783a45b15d3.html.
San Diego Kelly Wheeler, Jury Rules Against Sergeant in ‘Racist Cartoon’ Case Against San Diego Police Department,
Police 10 NEWS (Feb. 16, 2017), http://www.10news.com/news/verdict-in-racist-cartoon-case-against-san-
Department diego-police-department-021617.
California Tracy Lee, California Police Asked Neo-Nazis To Identify ‘Anti-Racist’ Activists, NEWSWEEK (Feb. 10,
Highway 2018), http://www.newsweek.com/california-police-asked-neo-nazis-identify-anti-racist-activists-
Patrol 802579.
Chula Vista Cleve R. Wootson, Jr., A Black Police Officer Complained About Racism. He Says His Department
Police Retaliated by Firing Him., WASH. POST (Nov. 17, 2016), https://www.washingtonpost.com/
Department
Department #(s)
news/post-nation/wp/2016/11/17/a-black-police-officer-complained-about-racism-he-says-his-
department-retaliated-by-firing-him/?utm_term=.dcbac3ad0a45.
CO El Paso Lance Benzel, El Paso County Sheriff: Racial Slur Led to Lieutenant’s Retirement, THE GAZETTE (May
County 24, 2016), http://gazette.com/el-paso-county-sheriff-racial-slur-led-to-lieutenants-
Sheriff's retirement/article/1576764.
Office
Aurora Police Aurora Police Officer Fired for Racist Comment is Reinstated, U.S. NEWS (July 11, 2018), https://www.
Department usnews.com/news/best-states/colorado/articles/2018-07-11/aurora-police-officer-fired-for-racist-
comment-is-reinstated?int=undefined-rec; Rob Low, Aurora Officer Fired for Racial Slur Reinstated by
Civil Service Commission, FOX DENVER 31 (July 10, 2018), https://kdvr.com/2018/07/10/cop-fired-
for-racial-slur-only-to-be-reinstated-by-civil-service-commission/.
CT Hartford Conn. Police Detective Fired After DUI Arrest, NECN (Jan. 8, 2018), https://www.necn.com/news/
Police new-england/Hartford-Detective-Arrested-on-DUI-Charges-Fired-468337223.html; Hartford Police
Department Officer Penalized for Racist Remarks, FOX 61 (July 24, 2013), http://fox61.com/2013/07/24/hartford-
police-officer-penalized-for-racist-remarks/comment-page-1/.
East Haven Peter Applebome, East Haven Police Chief Retiring After Charges for Officers, N.Y. TIMES (Jan. 30,
Police 2012), http://www.nytimes.com/2012/01/31/nyregion/police-chief-in-conn-resigns-after-bias-arrests-
Department of-officers.html?mcubz=0.
Waterbury Robert Storace, Jury Clears Former Waterbury Officer Accused of Misconduct, LAW.COM (Feb. 14,
Police 2018), https://www.law.com/ctlawtribune/sites/ctlawtribune/2018/02/12/jury-clears-former-
Department waterbury-officer-accused-of-misconduct/.
Derby Police Police Under Investigation Due to Racial Profiling Complaint, U.S. NEWS (July 10, 2018), https://
Department www.usnews.com/news/best-states/connecticut/articles/2018-07-10/police-under-investigation-due-to-
racial-profiling-complaint.
DE Dover Police Christina Coleman, WATCH: Video Shows Delaware Police Officer Kicking Suspect in Head, NEWS
Department ONE, https://newsone.com/3113157/video-of-delaware-police-officer-kicking-suspect-in-head/; Jon
Offredo & Cris Barrish, Watch Video: Dover Police Officer Kicks Suspect, DEL. ONLINE (May 8, 2015),
http://www.delawareonline.com/story/news/crime/2015/05/07/watch-video-dover-cop-kicks-
suspect/70952718/.
DC Metropolitan 197 Keith L. Alexander & Peter Hermann, Controversial Police T-Shirt Leads to Dismissal in D.C. Gun
Police Case, WASH. POST (Aug. 5, 2017), https://www.washingtonpost.com/local/public-safety/controversial-
Department police-t-shirt-leads-to-dismissal-in-dc-gun-case/2017/08/05/0cf3d63c-7908-11e7-8f39-
eeb7d3a2d304_story.html?tid=sm_tw_pl&utm_term=.50e4b959d7f3&wprss=rss_crime; D.C. Gun
Case Dismissed Because of Officer’s Possible Connection to ‘Racist’ Shirt, WJLA (Aug. 6, 2017),
http://wjla.com/news/local/dc-gun-case-dismissed-because-of-officers-possible-connection-to-racist-
shirt; D.C. Police Officer Gets Desk Duty for Wearing 'Racist' Shirt to Court, DAILY NEWS (July 29,
2017), http://www.nydailynews.com/news/national/police-officer-desk-duty-wearing-racist-shirt-
article-1.3367697; Evan Lambert, DC Police Officer Under Fire for Reportedly Wearing Shirt with Racist
Symbol, FOX 5 (July 28, 2017), http://www.fox5dc.com/news/local-news/270803715-story; Police
Officer Gets Desk Duty for Wearing Allegedly Racist Shirt, FOX NEWS (July 29, 2017), http://www.
foxnews.com/us/2017/07/29/police-officer-gets-desk-duty-for-wearing-allegedly-racist-shirt.html.
FL Fruitland 70–73 Associated Press, Florida Town Stunned by News of Police Department’s KKK Ties, TAMPA BAY TIMES
Park Police (July 21, 2014), http://www.tampabay.com/news/publicsafety/florida-town-stunned-by-news-of-
Department police-kkk-ties/2189339; Dave D’Marko, FDLE: 2 Fruitland Park Police Officers in KKK, NEWS 13
(July 14, 2014), http://www.mynews13.com//content/news/cfnews13/news/article.html/content/
news/articles/cfn/2014/7/14/fruitland_park_kkk_p.html; Lauren Ritchie & Jayna Omaye, Fruitland
Park Deputy Police Chief Resigns After FBI Report Shows KKK Link, ORLANDO SENTINEL (July 14,
Department #(s)
2014), http://articles.orlandosentinel.com/2014-07-11/news/os-lk-fruitland-park-kkk-police-
20140711_1_fbi-report-district-kleagle-ridgway; Michael Winter, KKK Membership Sinks 2 Florida
Cops, USA TODAY (July 14, 2014), https://www.usatoday.com/story/news/nation/2014/07/14/florid-
police-kkk/12645555/.
Helen Eckinger, Fruitland Park Cop Quits After He's Linked to Ku Klux Klan, ORLANDO SENTINEL
(Feb. 7, 2009), http://articles.orlandosentinel.com/2009-02-07/news/kkkcop07_1_klan-kkk-fruitland-
park.
Miami Beach 105 Jerry Iannelli, Miami Beach Cop Fired for Sending Racist, Sexist Emails Won't Get His Job Back, MIAMI
Police NEW TIMES (Feb. 13, 2017), http://www.miaminewtimes.com/news/miami-beach-cop-fired-for-
Department sending-racist-sexist-emails-wont-get-his-job-back-9132286.
Fort 106 Brian Hamacher, Fort Lauderdale Police Officers Fired Over Racist Text Messages, Video: Officials, NBC
Lauderdale MIAMI (Mar. 21, 2015), http://www.nbcmiami.com/news/local/Fort-Lauderdale-Police-to-Discuss-
Police Internal-Affairs-Investigation-297057771.html; Stephen Hobbs, Fort Lauderdale Cop, Fired After
Department Racist Texts Discovered, Testifies in Jearing to Get Job Back, SUNSENTINEL (Feb. 19, 2016), http://www.
sun-sentinel.com/local/broward/fort-lauderdale/fl-fort-lauderdale-cop-arbitration-third-day-
20160219-story.html.
Bartow Police 117 Evan Lambert, Bartow Police Officer Fired for Racist Facebook post, FOX 13 NEWS (Mar. 24, 2017),
Department http://www.fox13news.com/news/local-news/243862224-story; Suzie Schottelkotte, Bartow Police
Officer Fired Following Racist Comment on Facebook, LEDGER (Mar. 27, 2017), http://www.
theledger.com/news/20170324/bartow-police-officer-fired-following-racist-comment-on-facebook.
Bradenton Alissa Groeninger, Department: Bradenton Police Officer Fired for Racist, Homophobic Facebook Posts,
Police WFLA (Dec. 8, 2016), http://www.wfla.com/news/department-bradenton-police-officer-fired-for-
Department racist-homophobic-facebook-posts/995209578; Jessica de Leon, Police Officer Fired After Writing
Racist, Homophobic Posts on Facebook, BRADENTON (Dec. 9, 2016), http://www.bradenton.com/
news/local/article119816848.html.
Coral Springs Linda Trischitta, Coral Springs Cop Demoted and Suspended Over Joke with Racial Slur, SUNSENTINEL
Police (Apr. 6, 2018), http://www.sun-sentinel.com/local/broward/coral-springs/fl-sb-coral-springs-cop-
Department racial-slur-20180406-story.html.
Daytona Henry Frederick, Daytona Beach Shores Cop Fired for Racist Parody of Himself as a Black Man with Afro,
Beach Shores Goatee and Stereotypical Drugs & Gun Images on Snapchat, HEADLINE SURFER (Apr. 14, 2018),
Department http://headlinesurfer.com/content/daytona-beach-shores-cop-fired-racist-parody-himself-black-man-
of Public afro-goatee-and-stereotypical; Tiffany Teasley, Florida Officer Fired Over Social Media Post, FOX 51
Safety (Apr. 11, 2018), http://www.wogx.com/news/florida-officer-fired-over-social-media-post; Brianna
Volz & Jerry Askin, Officials: Daytona Beach Shores Officer Fired for Racially Offensive Snapchat, CLICK
ORLANDO (Apr. 11, 2018), https://www.clickorlando.com/news/officials-daytona-beach-shores-
officer-fired-for-racially-offensive-snapchat.
Edgewater Casmira Harrison, City of Edgewater Investigates Texts of 2 Cops Who’ve Resigned, NEWS-JOURNAL
Police (Nov. 13, 2017), http://www.news-journalonline.com/news/20171112/city-of-edgewater-investigates-
Department texts-of-2-cops-whove-resigned; Tony Holt, Report: Edgewater Police Texts Joked About Shooting
‘Blacks,’ NEWS-JOURNAL (Dec. 23, 2017), http://www.news-journalonline.com/news/20171221/
report-edgewater-police-texts-joked-about-shooting-blacks.
Pinellas Kathryn Varn, Pinellas Sheriff’s Corporal Had Racist, Sexist, Pornographic Content on His Cellphone,
County TAMPA BAY TIMES (June 27, 2017), http://www.tampabay.com/news/publicsafety/pinellas-sheriffs-
Sheriff corporal-had-racist-sexist-pornographic-content-on-his/2328601.
Shannon Butler, Sources: OPD Officer Reassigned Over Social Media Rant, WFTV (Sept. 1, 2017),
http://www.wftv.com/news/local/sources-opd-officer-reassigned-over-social-media-rant/601845570.
Department #(s)
Orlando David Harris, Orlando Police Officer Wasn’t Investigated for Remarks Perceived as Racist, ORLANDO
Police SENTINEL (Apr. 5, 2017), http://www.orlandosentinel.com/news/breaking-news/os-orlando-officer-
Department not-punished-20170405-story.html.
Miami Police Jack Davis, Racism Accusation Hurled As Police Crack Down On Fla. Looters, W. JOURNALISM (Sept.
Department 12, 2017), https://www.westernjournalism.com/racism-accusation-hurled-police-crack-fla-looters/; Mo
Barnes, Shaming of Black Looters Shows Racist Double Standard, ROLLING OUT (Sept. 15, 2017),
https://rollingout.com/2017/09/15/shaming-black-looters-shows-racist-double-standard/.
Ocoee Police Bob Brigham, Florida Cop Reinstated After Convincing City Manager He Used the N-Word in a
Department ‘Socioeconomic’ and Not ‘Racial’ Way, RAW STORY (Nov. 10, 2017), https://www.rawstory.com/2017/
11/florida-cop-reinstated-after-convincing-city-manager-he-used-the-n-word-in-a-socioeconomic-and-
not-racial-way/; David Harris, Fired Ocoee Police Officer Who Used Racial Slur Gets Job Back,
ORLANDO SENTINEL (Nov. 10, 2017), http://www.orlandosentinel.com/news/breaking-news/os-
william-wagner-racial-slur-reinstated-20171110-story.html.
Boca Raton Tonya Alanez, Cop Fired Over Racist Remarks, Boca Raton Police Say, SUNSENTINEL (Mar. 9, 2018),
Police http://www.sun-sentinel.com/local/palm-beach/boca-raton/fl-pn-fire-boca-raton-cop-20180309-
Services story.html; Anna Commander & Paul Mueller, Boca Raton Police Sergeant Fired for Racially Offensive
Department Comments: Police, CBS12 (Mar. 9, 2018), http://cbs12.com/news/local/boca-raton-police-sergeant-
terminated-for-racially-offensive-comments.
Hollywood Jerry Iannelli, Hollywood Police Defend Cop Who Took Selfie Hugging Pro-Confederate Street Sign
Police Protesters, MIAMI NEW TIMES (June 22, 2017), http://www.miaminewtimes.com/news/hollywood-
florida-police-defend-cop-who-took-selfie-hugging-white-nationalists-at-anti-confederate-protest-
9437759.
St. Petersburg Aris Folley, Florida Police Officer Resigns After Video Showed Him Using Racial Slur, THE HILL (June
Police 13, 2018), http://thehill.com/blogs/blog-briefing-room/news/392113-florida-police-officer-resigns-
Department after-video-shows-him-using; Catherine Hawley, Rookie St. Pete Officer Resigns Over Racial Slur, FOX
13 (June 12, 2018), http://www.fox13news.com/news/local-news/rookie-st-pete-officer-resigns-over-
racial-slur.
Biscayne Park Charles Rabin et al., The Chief Wanted Perfect Stats, So Cops Were Told to Pin Crimes on Black People,
Police Probe Found, MIAMI HERALD (July 12, 2018), https://www.miamiherald.com/news/local/crime/
Department article213647764.html; Chris Riotta, Florida Police Chief Instructed Officers to Pin Crimes on Innocent
Black People, Probe Finds, INDEPENDENT (July 12, 2018), https://www.independent.co.uk/news/
world/americas/police-racism-us-florida-miami-crime-raimundo-atesiano-raul-fernandez-charlie-
dayoub-a8445021.html.
Orlando Bianca Padró, Citizens Review Board to Ask Orlando Police Chief John Mina to Fire Officer, Review
Police Social-Media Policy, ORLANDO SENTINEL (June 6, 2018), http://www.orlandosentinel.com/news/
Department breaking-news/os-opd-citizens-board-officer-schellhorn-20180606-story.html.
GA Alpharetta Lindsey Bever, Video Shows Georgia Officer Shouting, Cursing at 65-Year-Old Grandmother During a
Police Traffic Stop, WASH. POST (May 11, 2018), https://www.washingtonpost.com/news/post-nation/
Department wp/2018/05/11/video-shows-georgia-officer-shouting-cursing-at-65-year-old-grandmother-during-a-
traffic-stop/?noredirect=on&utm_term=.e7a00c53be6d.
McIntosh Brad Schrade, Ga. Deputy Fired for Racist Facebook Posts, Targeting Black Motorists, ATLANTA J.-
County CONSTITUTION (Oct. 4, 2016), http://www.myajc.com/news/state--regional/deputy-fired-for-racist-
Sheriff facebook-posts-targeting-black-motorists/nx784hvez957HIQfEA8dvK/.
Department
Department #(s)
Cobb County Lindsey Bever & Andrew deGrandpre, ‘We Only Kill Black People,’ a Cop Told a Woman—on Camera.
Police Now He’ll Lose His Job., WASH. POST (Aug. 31, 2017), https://www.washingtonpost.com/
Department news/post-nation/wp/2017/08/31/remember-we-only-shoot-black-people-georgia-police-officer-told-
a-woman-on-camera/?utm_term=.015af3822f4a.
Former Peter Holley, Ex-Cop Urges ‘Lone Wolf Patriots’ to Attack Black Lives Matter Activists at GOP
Public Safety Convention, WASH. POST (July 21, 2017), https://www.washingtonpost.com/news/post-politics/
Officer at wp/2016/06/21/ex-cop-urges-lone-wolf-patriots-to-attack-black-lives-matter-activists-at-gop-
Augusta State convention/?utm_term=.cd3b0a02caed.
University
HI Honolulu Frank De Giacomo, Black Lives Don’t Matter in Honolulu Either, HUFFINGTON POST (Mar. 15,
Police 2017), http://www.huffingtonpost.com/entry/black-lives-dont-matter-in-honolulu-either_us_
Department 58c8e8f6e4b0009b23bd946d.
ID Rexburg Tom Holm, No Disciplinary Action Against Rexburg Cop, POST REGISTER (Aug. 2, 2016), http://www.
Police postregister.com/articles/news-daily-email-todays-headlines/2016/08/02/no-disciplinary-action-
Department against-rexburg-cop; Tom Holm, Rexburg Cop Accused of Posting Racist Content Online, IDAHO
STATESMAN (July 14, 2016), http://www.idahostatesman.com/news/politics-government/state-
politics/article89531217.html; Lisa Dayley Smith, Rexburg PD Addresses Officer’s Controversial Social
Media Posts, STANDARD JOURNAL (July 14, 2016), https://www.rexburgstandardjournal.com/
news/local/rexburg-pd-addresses-officer-s-controversial-social-media-posts/article_8bd8471c-4a01-
11e6-b80e-1baec988feef.html.
IL Chicago 138 Samuel Vincent Jones, Law Enforcement and White Power: An FBI Report Unraveled, 41 T. MARSHALL
Police L. REV. 100 (2016); Radley Balko, The Damning Justice Department Report About Chicago Police Also
Department Helps Explain the City’s Murder Rate, WASH. POST (Jan. 14, 2017), https://www.washingtonpost.
com/news/the-watch/wp/2017/01/14/the-damning-justice-department-report-about-chicago-police-
also-helps-explain-the-citys-murder-rate/?utm_term=.ad3f20d8c54b.
167 Marwa Eltagouri, Chicago's New Center for Police-Torture Victims Is First of Its Kind in U.S., CHI.
TRIBUNE (May 27, 2017), http://www.chicagotribune.com/news/local/breaking/ct-burge-torture-
justice-center-met-20170526-story.html.
Jeremy Gorner, Chicago Police Officer is Reprimanded for NFL Protest Photo While in Uniform, CHI.
TRIBUNE (Sept. 28, 2017), http://www.chicagotribune.com/news/local/breaking/ct-met-chicago-cop-
nfl-protest-20170927-story.html.
Chicago Cop Cited for Racist and Threatening Facebook Posts, CHI. TRIBUNE (Nov. 24, 2017),
http://www.chicagotribune.com/news/sns-bc-il--chicago-police-officer-cited-20171122-story.html.
Jodi S. Cohen, A Chicago Cop’s Facebook Posts and a City’s Struggle with Racism, PROPUBLICA ILL. (Jan.
26, 2017), https://www.propublica.org/article/chicago-police-complaints-racism; Jodi S. Cohen,
Chicago Cop Under Investigation Again Over Social Media Posts, PROPUBLICA ILL. (Jan. 25, 2017),
https://www.propublica.org/article/chicago-police-officer-john-catanzara-investigation.
Elgin Police Elena Ferrarin, Elgin Officer Fired After Facebook Posts on Ferguson, MLK Day, DAILY HERALD (Sept.
Department 30, 2014), http://www.dailyherald.com/article/20140929/news/140928179/.
Cook County Hearing Scheduled For Cop Who Stood By in Racist Rant Video, CBS CHI. (July 11, 2018),
Forest https://chicago.cbslocal.com/2018/07/11/puerto-rico-rant-cop/; Matthew Walberg & Gregory Pratt,
Preserve Forest Preserve Cop Who Apparently Failed to Help Woman Being Harassed Over Puerto Rico Shirt Has
Resigned, CHI. TRIBUNE (July 11, 2018), http://www.chicagotribune.com/news/local/breaking/ct-met-
forest-preserve-video-cop-20180711-story.html.
IN Elkhart Jessica Schliska, Nude, Racist Emails Released After Elkhart Police Lieutenant Demoted, WSBT (Mar. 13,
Police 2015), http://wsbt.com/news/local/nude-racist-emails-released-after-elkhart-police-lieutenant-
Department demoted.
Department #(s)
Indianapolis Maria Perez, Black Man Asked to Leave Apartment Complex Pool by Off-Duty Police Officer, NEWSWEEK
Metropolitan (July 12, 2018), http://www.newsweek.com/racial-profiling-pool-duty-cop-indianapolis-indiana-
Police 1020572.
Department
IA Waterloo John Molseed, Officer Facing Investigation Over Remarks at Murder Scene, THE COURIER (Aug. 15,
Police 2016), http://wcfcourier.com/news/local/crime-and-courts/officer-facing-investigation-over-remarks-
Department at-murder-scene/article_aa6f9654-72d4-5263-b84b-33e6f770c8cd.html.
Anamosa Anamosa’s Police Chief Has Been Fired Over Allegations of Racism and Sexism, WQAD (Feb. 27, 2018),
Police http://wqad.com/2018/02/27/anamosas-police-chief-has-been-fired-over-allegations-of-racism-and-
Department sexism/.
KS Overland 150–51 Megan Dillard, Terrified Texas Mom Unsure Why Former Overland Park Officer Targeted Her with
Park Police Threatening Facebook Post, FOX 4 KC (July 8), http://fox4kc.com/2016/07/08/terrified-texas-mom-
unsure-why-former-overland-park-officer-targeted-her-with-threatening-facebook-post/; Terry
Shropshire, Racist Kansas Cop Fired for Threatening Black Women’s Child: ‘We’ll See How Her Life
Matters,’ ATLANTA DAILY WORLD, https://atlantadailyworld.com/2016/07/11/racist-kansas-cop-fired-
for-threatening-black-womens-child-well-see-how-her-life-matters/.
KY Louisville 120 Christopher Brennan, Kentucky Police Officer Suspended After Racist Facebook Meme About Black Crime,
Metro N.Y. DAILY NEWS (July 14, 2016), http://www.nydailynews.com/news/national/kentucky-police-
Corrections officer-suspended-racist-facebook-meme-article-1.2710936.
Shively Police Phillip M. Bailey, Shively Police Officer Mocks Charlottesville Crash that Killed Woman Protesting Nazis,
Department COURIER JOURNAL (Aug. 14, 2017), http://www.courier-journal.com/story/news/local/2017/08/14/
shively-police-officer-mocks-charlottesville-crash-killed-woman-protesting-nazis/564020001/; Lindsey
Bever, Police Officers in Two States Accused of Mocking Charlottesville Violence, WASH. POST (Aug. 14,
2017), https://www.washingtonpost.com/news/post-nation/wp/2017/08/14/hahahaha-love-this-
police-officer-accused-of-mocking-charlottesville-violence/?utm_term=.b8746bf259d6.
Prospect 87–89 Jamiles Lartey, ‘If black shoot them’, Former Kentucky Acting Police Chief Told Recruit, GUARDIAN (Jan.
Police 22, 2018), https://www.theguardian.com/global/2018/jan/22/if-black-shoot-them-former-kentucky-
Department acting-police-chief-instructed-a-recruit; Jason Riley, Prospect Assistant Police Chief Told LMPD Recruit
to 'Shoot' Black People, WDRB (Jan. 19, 2018), http://www.wdrb.com/story/37305301/prospect-
assistant-police-chief-told-lmpd-recruit-to-shoot-black-people; Andrew Wolfson & Darcy Costello,
Former Assistant Police Chief Sent Messages Urging Recruit to Shoot Black People, USA TODAY (Jan. 20,
2018), https://www.usatoday.com/story/news/nation-now/2018/01/20/former-assistant-police-chief-
urged-recruit-shoot-black-people-messages-sent-messages-urging-recruit/1050660001/.
LA Lake Arthur 78–79 Police Officer Fired After Photo of Him at KKK Rally in North Carolina Surfaces, FOX 8 (Sept. 5, 2015),
Police http://myfox8.com/2015/09/05/police-officer-fired-after-photo-of-him-at-kkk-rally-in-north-carolina-
Department surfaces/; Zak Cheney-Rice, Lake Arthur, Louisiana Just Fired a Police Officer for Attending a KKK
Rally, MIC (Sept. 3, 2015), https://mic.com/articles/124842/lake-arthur-louisiana-just-fired-a-police-
officer-for-attending-a-kkk-rally#.HwHAqFB1B.
Baton Rouge 102–03 Chris Nakamoto, Exclusive: Officer's Alleged Racially-Charged Text Messages Under Investigation, WBRZ
Police (Sept. 4, 2014), http://www.wbrz.com/news/exclusive-officer-s-alleged-racially-charged-text-messages-
Department under-investigation/.
Lea Skene, Civil Service Board Upholds Suspension of Baton Rouge Police Officer Accused of Making
Racially Charged Comments, THE ADVOCATE (Nov. 16, 2017), http://www.theadvocate.com/
baton_rouge/news/crime_police/article_9d399df0-cadc-11e7-9e16-bb22c9a2682e.html; Grace
Toohey, Two Baton Rouge Police Officers Punished for Racially-Charged Remarks; One After Alton
Sterling Probe, THE ADVOCATE (Nov. 6, 2017), http://www.theadvocate.com/baton_rouge/
news/crime_police/article_e8aa55fa-c333-11e7-88df-53ce32a8c123.html.
Department #(s)
Estherwood Clint Davis, Assistant Police Chief Resigns After Uproar Over Racist Facebook Image, WKBW (Aug. 3,
Police 2017), http://www.wkbw.com/news/national/assistant-police-chief-resigns-after-getting-called-out-
Department over-racist-facebook-image; Madeline Farber, Police Official Resigns After Posting Racist Facebook Meme:
‘He Didn’t Do This to Offend Anybody,’ TIME (Aug. 2, 2017), http://time.com/4884552/assistant-
police-chief-resigns-racist-meme/; Kate Irby, An Assistant Police Chief Posted a Racist Meme and
Defended It. Then He Resigned., MIAMI HERALD (Aug. 2, 2017), http://www.miamiherald.com/
news/nation-world/national/article164928437.html.
Gonzales Chris Nakamoto, Cop’s Alleged Racist Messages on Gay Chat App Under Investigation, WBRZ (May 23,
Police 2017), http://www.wbrz.com/news/cop-s-alleged-racist-messages-on-gay-chat-app-under-
Department investigation/.
Walker Caroline Grueskin, Ex-Walker Police Sergeant, Who Resigned Over Alleged Noose, Is Suing Chief, City,
Police THE ADVOCATE (Nov. 1, 2017), http://www.theadvocate.com/baton_rouge/news/communities/
Department livingston_tangipahoa/article_9a5b22f2-bf2e-11e7-8e1b-ef4333f4e473.html.
ME Portland David Charns, Names, Photos Released of 18 Arrested at Portland Black Lives Matter Protest, WMTW8
Police (July 16, 2016), http://www.wmtw.com/article/names-photos-released-of-18-arrested-at-portland-
Department black-lives-matter-protest/2013987.
Cumberland Cumberland County Sheriff’s Office Launches Investigation on Jail Conduct after BLM Protest Arrests,
County WMTW8 (Aug. 2, 2016), http://www.wmtw.com/article/cumberland-county-sheriff-s-office-
Sheriff’s launches-investigation-on-jail-conduct-after-blm-protest-arrests/2014186.
Office
Auburn Staff Report, Civil Rights Group: Racial Arrest Disparity in Auburn, SUN J. (Nov. 20, 2014),
Police http://www.sunjournal.com/civil-rights-group-racial-arrest-disparity-auburn/.
Department
Maine State Randy Billings, Attorney Alleges Racial Profiling by State Police in Portland Traffic Stop, PRESS HERALD
Police (Dec. 21, 2017), https://www.pressherald.com/2017/12/21/attorney-alleges-racial-profiling-in-
portland-immigration-stop/.
MD Howard 137 Michael E. Miller, Howard County Sheriff Resigns Over Alleged Racist, Anti-Semitic Remarks, WASH.
County POST (Oct. 11, 2016), https://www.washingtonpost.com/local/howard-county-sheriff-resigns-over-
Police alleged-racist-anti-semitic-remarks/2016/10/11/1086c9ea-8fd8-11e6-9c52-0b10449e33c4_
Department story.html?utm_term=.9769fb40ab76.
Annapolis Deb Belt, Racially Tinged Photo Puts Annapolis Police Employee on Leave, ANNAPOLIS PATCH (Dec. 29,
Police 2017), https://patch.com/maryland/annapolis/racially-tinged-photo-puts-annapolis-police-employee-
Department leave.
Baltimore Kevin Rector, Baltimore Police Union VP Suspended for Email Calling Protestors ‘Thugs,’ THE BALT.
Police SUN (Aug. 15, 2016), http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-lieutenant-
Department suspended-20160815-story.html.
Editorial Board, The Systemic Racism in Baltimore’s Police Force, WASH. POST (Aug. 10, 2016),
https://www.washingtonpost.com/opinions/the-systemic-racism-in-baltimores-police-force/2016/
08/10/86ce448a-5f3f-11e6-9d2f-b1a3564181a1_story.html?utm_term=.b3c53b9cc31b; Emanuella
Grinberg, Racial Bias Pervasive Among Baltimore Police, DOJ Says, CNN (Aug. 10, 2016),
https://www.cnn.com/2016/08/09/us/baltimore-justice-department-report/index.html; German
Lopez, The 14 Worst Cases of Outright Racism the Justice Department Saw in Baltimore Police, VOX
(Aug. 10, 2016), https://www.vox.com/2016/8/10/12423474/baltimore-police-justice-department-
racism.
Drew Schwartz, Baltimore Cops Carried Toy Guns to Plant on People They Shot, Trial Reveals, VICE
(Jan. 31, 2018), https://www.vice.com/en_us/article/8xvzwp/baltimore-cops-carried-toy-guns-to-
plant-on-people-they-shot-trial-reveals-vgtrn?utm_campaign=sharebutton.
Department #(s)
Pocomoke Sheryl Gay Stolberg, Fired Police Chief and 2 Others Sue, Charging Racial Bias in Maryland, N.Y.
City Police TIMES (Jan. 21, 2016), https://www.nytimes.com/2016/01/22/us/maryland-pokomoke-city-police-
Department racial-discrimination-suit.html; Carrie Wells, Justice Department Seeks to Intervene in Pocomoke City
Race Bias Lawsuit, THE BALT. SUN (Oct. 19, 2016), http://www.baltimoresun.com/news/maryland/
bs-md-pocomoke-police-20161019-story.html.
MA Boston Police 148 Dan Atkinson, BPD Officials Condemn Racist Video Featuring Patrolman, BOS. HERALD (June 10,
Department 2017), http://www.bostonherald.com/news/local_coverage/2017/06/bpd_officials_condemn_
racist_video_featuring_patrolman; Boston Police Officer Suspended After Posting Offensive Video Online,
CBS BOS. (June 29, 2017), http://boston.cbslocal.com/2017/06/29/boston-police-officer-suspended-
after-posting-offensive-video-online/; Jessica Schladebeck, See It: Boston Cop Suspended Over ‘Black
People Have Met Their Match’ Video, DAILY NEWS (July 11, 2017), http://www.nydailynews.com/
news/national/suspended-black-people-met-match-video-article-1.3293602; Jennifer Smith, Boston
Police Investigate ‘Racist’ Spoof Video of Cop Which Declares ‘Black People Have Met Their Match,’ DAILY
MAIL (June 12, 2017), http://www.dailymail.co.uk/news/article-4596184/Cop-video-says-black-
people-met-match.html.
Springfield Lindsey Bever, Police Officers in Two States Accused of Mocking Charlottesville Violence, WASH. POST
Police (Aug. 14, 2017), https://www.washingtonpost.com/news/post-nation/wp/2017/08/14/hahahaha-love-
Department this-police-officer-accused-of-mocking-charlottesville-violence/?utm_term=.b8746bf259d6; Dan
Glaun, Springfield Police Officer Mocks Protesters Run Down by Car in Charlottesville on Facebook Post,
MASS. LIVE (Aug. 14, 2017), http://www.masslive.com/news/index.ssf/2017/08/springfield_police_
officer_mocks_charlottesville_victims.html; Dan Glaun, 2,000 People Sign Petition Calling for Firing of
Conrad Lariviere, Springfield Cop Who Mocked Charlottesville Crash, MASS. LIVE (Aug. 17, 2017),
http://www.masslive.com/news/index.ssf/2017/08/2000_people_sign_petition_call.html.
Massachusett Tony Marco et al., Massachusetts State Police Investigate Trooper Accused of Racist Posts, CNN (Mar. 2,
s State Police 2018), https://edition.cnn.com/2018/03/02/us/massachusetts-state-trooper-racist-posts/index.html.
Hadley Police Diane Lederman, Hadley Police Will Meet with Residents to Discuss Controversial Facebook Post, MASS.
Department LIVE (Apr. 30, 2018), http://www.masslive.com/news/index.ssf/2018/04/hadley_police_to_talk_
to_resid.html.
Leominster Adam Sege, Leominster Officer Fired Over Carl Crawford Slur, BOS. GLOBE (July 26, 2012), https://
Police www.bostonglobe.com/metro/2012/07/26/leominster-mayor-fires-officer-who-yelled-racial-epithet-
Department carl-crawford-red-sox/87USdTwhUY2Hft5R8xfOcK/story.html.
MO Ferguson 95 Jason Silverstein, Former Ferguson Cop Darren Wilson Admits to Using N-Word but Says He Was Only
Police Repeating It From Others, N.Y. DAILY NEWS (Mar. 14, 2017), http://www.nydailynews.com/news/
Department national/ferguson-ex-cop-darren-wilson-admits-n-word-article-1.2997475.
101 Investigation of the Ferguson Police Department, U.S. DEP’T OF JUST. CIVIL RIGHTS DIV. (Mar. 4,
2015), https://www.justice.gov/sites/default/files/opa/press-releases/attachments/2015/03/04/
ferguson_police_department_report.pdf; http://www.cnn.com/2015/04/03/us/ferguson-justice-
department-report-emails/index.html.
St. Louis Megan Cerullo, St. Louis Police Officer Investigated for Calling Black Lives Matter Protesters ‘Domestic
Police Terrorists,’ N.Y. DAILY NEWS (Sept. 21, 2017), http://www.nydailynews.com/news/national/st-louis-
Department police-officer-investigated-racist-meme-article-1.3511513; Emily Van de Riet, St. Louis Officer Accused
of Posting Meme Calling BLM ‘Domestic Terrorists,’ KMOV (Sept. 20, 2017), http://www.kmov.
com/story/36406241/investigation-after-st-louis-officer-accused-of-posting-meme-calling-blm-
domestic-terrorists.
Department #(s)
Christine Byers, Former Police Commander Fired Over Accusations of Racial Profiling in South County is
Back in Uniform, ST. LOUIS POST-DISPATCH (Mar. 21, 2018), http://www.stltoday.com/news/
local/crime-and-courts/former-police-commander-fired-over-accusations-of-racial-profiling-
in/article_6f962361-1bb9-5102-8dc2-4bb6902d3159.html.
MI Canton Shawn Ley, Canton Officer Suspended Amid Investigation into Alleged Racist Facebook Comment, CLICK
Township ON DETROIT (Nov. 11, 2016), https://www.clickondetroit.com/news/canton-officer-suspended-amid-
Police investigation-into-alleged-racist-facebook-comment; Niraj Warikoo, Canton Police Officer Suspended
Department for Allegedly Using Racial Slur, DETROIT FREE PRESS (Nov. 11, 2016), http://www.sctimes.com/story/
news/local/michigan/wayne/2016/11/11/canton-police-officer-racial-slur/93661066/.
Detroit Kate Feldman, Detroit Detective Demoted After Calling Black Lives Matter ‘Terrorists’ in Facebook Post,
Police N.Y. DAILY NEWS (July 11, 2016), http://www.nydailynews.com/news/national/detroit-detective-
Department demoted-black-lives-matter-racists-article-1.2707354.
Jessica Chasmar, Detroit Police Sergeant Investigated for Comparing Beyonce’s Dancers to KKK, WASH.
TIMES (Feb. 11, 2016), http://www.washingtontimes.com/news/2016/feb/11/detroit-police-sergeant-
investigated-for-comparing/.
Traverse City Lindsey Bver, Michigan Cop Suspended After Driving with Confederate Flag at ‘Love Trumps Hate’ Rally,
Police CHI. TRIBUNE (Nov. 14, 2016), http://www.chicagotribune.com/news/nationworld/midwest/ct-
Department michigan-cop-suspended-confederate-flag-20161114-story.html.
Michigan Marcus Dash, Colonel Etue Says After Meeting That She Is Sorry but Not Resigning, WILX (Oct. 5,
State Police 2017), http://www.wilx.com/content/news/Governor-Snyder-meet-with-Michigan-Legislative-Black-
Caucus--449599943.html; Michael Gerstein & Jonathan Oosting, Michigan Police Chief: ‘I Am Not
Resigning,’ DETROIT NEWS (Oct. 15, 2017), http://www.detroitnews.com/story/news/politics/
2017/10/05/snyder-etue-michigan-police-post/106330342/; Christal Hayes, Michigan Police Head
Calls NFL Players ‘Anti-American Degenerates.’ Critics Say It Proves the Department Is Racist,
NEWSWEEK (Sept. 27, 2017), http://www.newsweek.com/head-michigan-police-says-nfl-players-who-
kneel-are-anti-american-degenerates-672429.
Jackson Across America: Michigan Sheriff Sued for Discriminatory, Racist Behavior, PHILA. TRIBUNE (Feb. 16,
County 2018), http://www.phillytrib.com/news/across_america/across-america-michigan-sheriff-sued-for-
Office of the discriminatory-racist-behavior/article_41f32408-24d0-54cf-a164-15a33bd76a67.html; Jackson County
Sheriff Sheriff Speaks Out About Lawsuit Controversy, WLNS (Feb. 20, 2018), http://wlns.com/2018/02/
20/jackson-county-sheriff-speaks-out-about-lawsuit-controversy/.
Hastings David Moye, White Cop Who Finds He Has African Ancestry Sues City, Chief Over Racism, HUFFPOST
Police (May 9, 2017), https://www.huffingtonpost.com/entry/michigan-white-officer-african-ancestry-
Department lawuit_us_59121a90e4b05e1ca202840e.
Ann Arbor Grace Kay, Video of AAPD Arresting Three Black Males Sparks Allegations of Systemic Racism, MICH.
Police DAILY (July 11, 2018), https://www.michigandaily.com/section/ann-arbor/video-aapd-arresting-three-
Department black-males-sparks-allegations-systemic-racism.
MN Rochester 121 Rochester Cop Accused of Facebook Posts Against Protesters, Muslims, PIONEER PRESS (Feb. 23, 2016),
Police http://www.twincities.com/2016/02/22/rochester-cop-facebook-posts-against-protesters-muslims/.
Department
Minneapolis David Chanen et al., Two White Mpls. Cops Fired Over Racial Slurs Incident in Green Bay, STAR
Police TRIBUNE (Dec. 31, 2013), http://www.startribune.com/two-white-mpls-cops-fired-over-racial-slurs-
Department incident-in-green-bay/234280301/.
Burnsville Brandon Stahl, Burnsville Cop Resigns After Testifying that He Exchanged ‘Racially Charged’ E-Mails with
Police Protest Shooter, STAR TRIBUNE (Jan. 27, 2017), http://www.startribune.com/burnsville-cop-resigns-
Department after-testifying-that-he-exchanged-racially-charged-texts-with-protest-shooter/411926216/.
Department #(s)
Rice County Christina Palladino, Sheriff's Deputy Under Fire for Controversial Tweets About Diamond Reynolds, FOX
Sheriff's 9 (Dec. 1, 2017), http://www.fox9.com/news/sheriffs-deputy-under-fire-for-controversial-tweets-
Office about-diamond-reynolds.
MS Madison Eric Levenson & Victor Blackwell, ACLU Sues Mississippi Sheriff Over Alleged Excessive Force, Racial
County Profiling, CNN (May 13, 2017), http://archive.azcentral.com/arizonarepublic/local/articles/2010/06/
Sheriff’s 17/20100617phoenix-police-officer-racial-slurs.html.
Department
Jackson Sarah Fowler, JPD Commander Under Investigation for Social Media Posts, CLARION-LEDGER (May 12,
Police 2015), http://www.clarionledger.com/story/news/2015/05/11/jpd-commader-makes-racial-religious-
Department slurs-social-media/27134017/.
Columbus Therese Apel, Columbus Police Oversight Chairman Describes Body Cam Footage of Officer-Involved
Police Shooting, CLARION-LEDGER (Nov. 5, 2017), https://www.clarionledger.com/story/news/local/2017/
Department 11/05/columbus-mayor-body-camera-fatal-shooting/834093001/; Alex Holloway, CPD Officer
Suspended for Facebook Posts, THE DISPATCH (Jun. 22, 2017), http://www.cdispatch.com/news/
article.asp?aid=58949; Desire Thompson, Mississippi Cop Fatally Shoots Black Man After Completing
Suspension For Racist Facebook Posts, THE VIBE (Nov. 29, 2017), https://www.vibe.com/2017/11/
mississippi-cop-fatally-shoots-black-man-after-completing-suspension-for-racist-facebook-posts/.
Tupelo Police Mississippi Flag with Rebel Symbol Flies at Police Building, U.S. NEWS (Jan. 4, 2018), https://www.
Department usnews.com/news/best-states/mississippi/articles/2018-01-04/mississippi-flag-with-rebel-symbol-flies-
at-police-building.
MT Billings Jackie Yamanaka, Civil Rights Committee Looks Into Allegations Of Bias By Law Enforcement and
Police Criminal Justice System, YELLOWSTONE PUBLIC RADIO (Mar. 28, 2018), http://ypradio.org/post/civil-
Department rights-committee-looks-allegations-bias-law-enforcement-and-criminal-justice-system#stream/0.
NE Omaha Nancy Gaarder, OPD Places Officer on Administrative Leave over ‘Potentially Inappropriate’ Facebook
Police Post, OMAHA WORLD-HERALD (July 12, 2016), http://www.omaha.com/news/metro/opd-places-
Department officer-on-administrative-leave-over-potentially-inappropriate-facebook/article_bebbd296-81f4-59c2-
99fc-580511551237.html; Update: OPD Officer Violated Policy with BLM Facebook Post, KETV (Aug.
17, 2016), http://www.ketv.com/article/update-opd-officer-violated-policy-with-blm-facebook-
post/7662038.
NV Las Vegas Brenda Yahm, Seahawks Player Accuses Metro of Using Excessive Force and Racial Profiling, FOX 5 (Sept.
Metropolitan 6, 2017), http://www.fox5vegas.com/story/36302447/seahawks-player-accuses-metro-of-using-
Police excessive-force-and-racial-profiling.
Department
Reno Police Pete Blackburn, Cop Won't Be Punished for Controversial Colin Kaepernick Halloween Costume, CBS
Department SPORTS (Oct. 31, 2017), https://www.cbssports.com/nfl/news/cop-wont-be-punished-for-
controversial-colin-kaepernick-halloween-costume/; Alyssa Hardy, Police Officer Wears Colin
Kaepernick Costume at University of Nevada, TEEN VOGUE (Nov. 1, 2017), https://www.
teenvogue.com/story/colin-kaepernick-costume-police-officer-university-of-nevada-racism.
NH Wolfeboro. Jim Cole, N.H. Town’s Police Commissioner Resigns After Calling Obama N-Word, CBS NEWS (May
Police 19, 2014), https://www.cbsnews.com/news/n-h-towns-police-commissioner-resigns-after-calling-
Department obama-n-word/.
NJ Wyckoff 136 Tobias Salinger, N.J. Police Chief Who Defended Profiling ‘Black Gang Members from Teaneck’ in Email
Police Suspended, Recommended for Demotion, N.Y. DAILY NEWS (Aug. 3, 2016), http://www.nydailynews.
Department com/news/crime/n-police-chief-defended-racial-profiling-suspended-article-1.2737512.
New Jersey Jeff Cole, FOX 29 Investigates: NJ State Police Firing Trooper Over Photo, FOX 29 (Oct. 2, 2015),
State Police http://www.fox29.com/news/local-news/fox-29-investigates/28282055-story.

Department #(s)
Trenton Isaac Avilucea, Race Expert Cries Foul on ‘Hood Rats’ Comment, Trenton Mayor Won’t Address Police
Police Director’s Status, TRENTONIAN (Sept. 24, 2017), http://www.trentonian.com/general-news/
Department 20170924/race-expert-cries-foul-on-hood-rats-comment-trenton-mayor-wont-address-police-directors-
status; Kevin Shea, Trenton Police Director Apologizes for Using Term ‘Hood Rats,’ NJ.COM (July 27,
2017), http://www.nj.com/mercer/index.ssf/2017/07/trenton_police_director_apologizes_for_using_
term.html.
Bordentown Blake Alsup, Former New Jersey Police Chief Compared Black People to ISIS, Slammed Teen’s Head
Township Against Doorjamb: Complaint, N.Y. DAILY NEWS (Nov. 1, 2017), http://www.nydailynews.com/
Police news/national/n-police-chief-compared-black-people-isis-article-1.3604596; Jeff Goldman, Police Chief
Accused of Racially-Motivated Beating of Handcuffed Black Teen, NJ.COM (Nov. 1, 2017), http://www.
nj.com/burlington/index.ssf/2017/11/nj_police_chief_with_history_of_using_racial_slurs.html; Jan
Hefler, Blacks Are ‘Like ISIS’: Ex-Police Chief in South Jersey Faces Bias Charges in Attack on Handcuffed
Suspect, THE INQUIRER (Nov. 1, 2017), http://www.philly.com/philly/news/crime/n-word-ex-police-
chief-in-south-jersey-faces-bias-charges-in-assault-on-handcuffed-black-suspect-20171101.html.
New Charlie Kratovil, Cost of NBPD Corruption and Racism Cases Tops $2 Million, NEW BRUNSWICK
Brunswick TODAY (Nov. 29, 2017), http://newbrunswicktoday.com/article/cost-nbpd-corruption-racism-cases-
Police tops-2-million.
Department
Paterson Joe Malinconico, Paterson Cop Getting $300k Settlement in Racism Lawsuit, PATERSON PRESS (Feb. 9,
Police 2018), https://www.northjersey.com/story/news/paterson-press/2018/02/09/paterson-cop-getting-
Department 300-k-settlement-racism-lawsuit/321849002/.
Joe Malinconico, Three Black Cops Sue Paterson, Claiming Racism in Police Department, THE RECORD
(July 24, 2017), http://www.northjersey.com/story/news/paterson-press/2017/07/24/paterson-three-
black-cops-sue-city-over-racism-police-department/505458001/; Jayed Rahman, Three More Paterson
Police Officers Allege Racism in Department, Lawsuit, PATERSON TIMES (July 21, 2017), http://
patersontimes.com/2017/07/21/three-more-paterson-police-officers-allege-racism-in-department-
lawsuit/.
NM Rio Rancho 119 Madeline Schmitt, Rio Rancho Officer Accused of Facebook Posts Condoning Violence, KRQE (Mar. 14,
Police 2016), http://krqe.com/2016/03/14/rio-rancho-officer-accused-of-facebook-posts-condoning-
Department violence/.
Albuquerque Albuquerque Officer Tweeted About Pistol Whippings, FOX NEWS (June 17, 2011),
Police http://www.foxnews.com/us/2011/06/17/albuquerque-officer-tweeted-about-pistol-whippings.html;
Department Cop Back on the Job After Infamous Facebook Post, KOAT (May 5, 2011), http://www.koat.com/
article/cop-back-on-the-job-after-infamous-facebook-post/5036277; Jeff Proctor,
Officer Said His Job Is ‘Human Waste Disposal,’ ALBUQUERQUE J. (Feb. 15, 2011), https://www.
abqjournal.com/news/metro/152324281053newsmetro02-15-11.htm.
New Mexico Mary Hudetz, Suit Accuses New Mexico State Police Chief of Lewd Conduct, KANW (Jun. 15, 2018),
State Police http://kanw.com/post/suit-accuses-new-mexico-state-police-chief-lewd-conduct.
NY Westchester 132 Melissa Chan, Pelham Manor Police Chief Keeps $187,000-a-Year Job After Sending Racist Emails to Co-
County Workers: Report, N.Y. DAILY NEWS (Feb. 15, 2015), http://www.nydailynews.com/new-york/pelham-
Police manor-police-chief-racist-emails-job-article-1.2111006.
Department
Greenburgh Jonathan Bandler, Police Officer Suspended Over Baboon Facebook Post, USA TODAY (May 4, 2015),
Police https://www.usatoday.com/story/news/nation/2015/05/04/police-officer-suspended-facebook-
Department post/26876041/; Richard Liebson & Jonathan Bandler, Greenburgh Cop Investigated for Racist
Facebook Post, JOURNAL NEWS (May 2, 2015), http://www.lohud.com/story/news/local/
westchester/2015/05/01/greenburgh-cop-investigated-racist-facebook-post/26711691/.
Department #(s)
New York 115–117 Erin Durkin & Larry McShane, Mayor de Blasio Hits Back at Racist, Facebook-Ranting NYPD Cop Who
City Police Called His Wife a ‘Former Crack Addict,’ NY DAILY NEWS (Aug. 10, 2016), http://www.nydailynews.
Department com/new-york/de-blasio-hits-back-called-wife-crack-addict-article-1.2746047; Alex Titus, NY Mayor
Defends Wife Against Officer’s Comments, JET MAGAZINE (Aug. 11, 2016), https://www.jetmag.com/
news/ny-mayor-defends-wife-comments/.
Thomas Tracy, NYPD Detective Demoted After He’s Caught Texting His Friend About Drinking on the
Job, N.Y. DAILY NEWS (Feb. 11, 2018), http://www.nydailynews.com/new-york/detective-caught-
texting-friend-drinking-job-article-1.3812852.
Graham Rayman, Cop Message Board Makes Sick, Racist Predictions on N.Y. Caribbean Carnival Parade,
J’Ouvert Celebration Violence Online, N.Y. DAILY NEWS (Aug. 25, 2017),
http://www.nydailynews.com/new-york/forum-posts-racist-predictions-ouvert-parade-violence-article-
1.3442372.
Newburgh Leonard Sparks, Image on Newburgh Police Union Page ‘Totally Offensive,’ TIMES HERALD-RECORD
Police (Aug. 22, 2017), http://www.recordonline.com/news/20170822/image-on-newburgh-police-union-
Department page-totally-offensive.
Kingston Paula Mitchell, Commission Reviews Charges of Kingston Police Misconduct, HVNN (Nov. 16, 2017),
Police https://hudsonvalleynewsnetwork.com/2017/11/16/commission-reviews-charges-kingston-police-
Department misconduct/; Jesse J. Smith, Protesters Want More Accountability for Kingston Police Department,
HUDSON VALLEY ONE (May 3, 2018), https://hudsonvalleyone.com/2018/05/03/protesters-want-
more-accountability-for-kingston-police-department/.
NC Chadbourn 118 Mayah Collins, NC Police Officer Fired Following Backlash Over Facebook Post, CBS 17 (Sept. 28,
Police 2016), http://www.cbs17.com/news/north-carolina-news/nc-police-officer-fired-following-backlash-
Department over-facebook-post/1017035916.
Alamance Sarah Gillooly, Racist Sheriffs Are Reapplying to Be Part of Trump’s Deportation Force, ACLU (Nov. 16,
County 2017), https://www.aclu.org/blog/immigrants-rights/deportation-and-due-process/racist-sheriffs-are-
Sheriff's reapplying-be-part-trumps.
Office
Warsaw Erik Ortiz, Outrage as Video Shows Police Officer Choking Black Man in Tuxedo at Waffle House, NBC
Police NEWS (May 11, 2018), https://www.nbcnews.com/news/nbcblk/outrage-video-shows-police-officer-
Department choking-black-man-tuxedo-waffle-n873351.
ND West Fargo West Fargo Police Officer Turns in Resignation, WDAY 6 ABC (Jan. 3, 2012), http://www.wday.com/
Police news/crime-and-courts/2607290-west-fargo-police-officer-turns-resignation.
Department
Bismark Mike McCleary, Bismarck Leaders Tackle Unbalanced Treatment of Native American Youth, BISMARK
Police TRIBUNE (June 16, 2017), https://bismarcktribune.com/news/local/bismarck/bismarck-leaders-tackle-
Department unbalanced-treatment-of-native-american-youth/article_82c8ebcc-818c-5036-816f-ed1dc4025a28.
html.
OH Cleveland 66–67 Karin Scholz & Ted Wendling, Racist Grafitti in the Cleveland PD, PLAIN DEALER (July 22, 1999).
Timothy Williams & Mitch Smith, Cleveland Officer Will Not Face Charges in Tamir Rice Shooting
Death, N.Y. TIMES (Dec. 28, 2015), https://www.nytimes.com/2015/12/29/us/tamir-rice-police-
shootiing-cleveland.html?mcubz=2.
Adam Ferrise, NAACP, Cleveland’s Black Shield Police Association Blast Racist Texts from Cleveland Cop,
CLEVELAND (Apr. 27, 2018), http://www.cleveland.com/metro/index.ssf/2018/04/naacp_clevelands_
black_shield.html; Peggy Gallek & Ed Gallek, Cleveland Police Officer Learns Punishment After
Department #(s)
Allegedly Sending Racist Texts, FOX 8 (Apr. 26, 2018), http://fox8.com/2018/04/26/cleveland-police-
officer-learns-punishment-after-allegedly-sending-racist-texts/.
Montgomery 107 Nicole Hensley, Ohio Cops Suspended for Years of Racist Texts Leaked to Civil Rights Group, N.Y. DAILY
County NEWS (Dec. 4, 2014), http://www.nydailynews.com/news/crime/ohio-cops-suspended-racist-texts-
Sheriff’s leaked-nonprofit-article-1.2033713; Cornelius Frolik, 2 Montgomery Co. Deputies Fired Over Text
Office Messages, WHIO (Feb. 7, 2015), http://www.nydailynews.com/news/crime/ohio-cops-suspended-
racist-texts-leaked-nonprofit-article-1.2033713.
Cincinnati 160–61 Judge: No Confederate Flag T-Shirt in Officer's Retrial, U.S. NEWS (May 26, 2017),
Police https://www.usnews.com/news/best-states/ohio/articles/2017-05-26/ohio-judge-to-hear-arguments-
Department on-police-trial-evidence.
Nigel Roberts, Police Union Chief Under Fire for Disrespectful Remarks About Black Female Superior,
NEWSONE (Dec. 5, 2017), https://newsone.com/3763020/cincinnati-police-union-president-dan-hils-
apologize-racist-remark/.
Shreve Bob Jones et al., Shreve Police Sergeant Suspended After ‘Monkey’ Facebook Post, NEWS 5 CLEVELAND
Village Police (July 12, 2016), http://www.news5cleveland.com/news/local-news/oh-wayne/shreve-police-sergeant-
Department suspended-after-monkey-facebook-post.
Warrensville Eric Heisig, Ex-Warrensville Heights Officer Says City Fired her for Viral Facebook Video About Police
Heights Shootings, CLEVELAND (Mar. 22, 2018), http://www.cleveland.com/court-
Police justice/index.ssf/2018/03/ex-warrensville_heights_office_1.html.
Department
Mt. Healthy Kevin Grasha, Lawsuit: Racism Talk of Trump-Inspired ‘Fence’ at Mt. Healthy Police Department,
Police CINCINNATI.COM (Jan. 4, 2018), https://www.cincinnati.com/story/news/2018/01/04/lawsuit-
Department racism-talk-trump-inspired-fence-mt-healthy-police-department/1003386001/.
Akron Police Evan McDonald, Ex-Akron Police Chief James Nice Accused of Making ‘Racial’ Comments, Mayor’s Office
Department Says, CLEVELAND.COM (Aug. 30, 2017), https://www.cleveland.com/akron/index.ssf/2017/08/ex-
akron_police_chief_james_ni.html.
Campbell Justin Wier, Ex-East High Coaches Accuse Campbell Police of Racial Discrimination, VINDICATOR (Oct.
Police 26, 2017), http://www.vindy.com/news/2017/oct/26/campbell-federal-lawsuit-accuses-police-/.
Department
Columbus Steve Brown, Black Columbus Police Lieutenant Files Federal Discrimination Lawsuit Against City,
Division of WOSU (June 5, 2018), http://radio.wosu.org/post/black-columbus-police-lieutenant-files-federal-
Police discrimination-lawsuit-against-city#stream/0; Esther Honig, Former Columbus Police Officer Sues City
For Racial Discrimination, WOSU (Sept. 22, 2017), http://radio.wosu.org/post/former-columbus-
police-officer-sues-city-racial-discrimination#stream/0; Andrew Welsh-Huggins, Columbus Police
Facing Multiple Civil Rights Lawsuits, AP NEWS (Nov. 1, 2017), https://www.apnews.com/
9196d89da65a4cfea90a22afe000984e/Columbus-police-facing-multiple-civil-rights-lawsuits.
Reynoldsburg Tanisha Mallett, Reynoldsburg Police Officer Fired Over Racially-Charged Social Media Posts, 10 TV
Police (May 27, 2015), https://www.10tv.com/article/reynoldsburg-police-officer-fired-over-racially-charged-
Department social-media-posts.
Nelsonville Julia Evertsy, Nelsonville Police Officer Fired After Making Racist Comments, THE POST (June 4, 2018)
Police http://www.thepostathens.com/article/2018/06/braglin-fired-nelsonville-police-facebook.
Department
OK Bartlesville Tim Hudson, Chief: BPD Looking into Facebook Posts, BARTLESVILLE EXAMINER ENTERPRISE (July
Police 16, 2016), http://www.examiner-enterprise.com/news/local-news/chief-bpd-looking-facebook-posts.
Colbert Rachel Knapp, Skinhead Documentary Films Appear to Feature Interim Colbert Police Chief, KXII (Nov.
Police 27, 2017), http://www.kxii.com/content/news/Skinhead-documentary-films-appear-to-feature-
Department interim-Colbert-police-chief-442293563.html.
Department #(s)
Verdigris Dylan Goforth, Racist Facebook Posts Made By Account Of Verdigris Officer Won't Result In Suspension,
Police THE FRONTIER (Oct. 12, 2017), http://www.newson6.com/story/36584054/the-frontier-racist-
Department facebook-posts-made-by-account-of-verdigris-officer-wont-result-in-suspension; KFOR-TV & K.
Querry, Oklahoma Police Department Investigating Facebook Post from Officer’s Page, OKLA. NEWS
(Oct. 13, 2017), http://kfor.com/2017/10/13/oklahoma-police-department-investigating-facebook-
post-from-officers-page/; David Norris, Verdigris Police Shut Down Facebook Page Amid Complaints
About Officer, FOX 25 NEWS (Oct. 13, 2017), http://okcfox.com/news/local/verdigris-police-shut-
down-facebook-page-amid-complaints-about-officer; Officer Under Fire for Alleged Racist Facebook
Post, BARTLESVILLE KJRH (Oct. 12, 2017), http://www.kjrh.com/news/local-news/officer-under-fire-
for-alleged-racist-facebook-post.
Oklahoma Kyle Schwab, OKC Cop Sued Over deadly Shooting of Unarmed Suicidal Man, THE OKLAHOMAN (June
City Police 30, 2018), https://newsok.com/article/5599891/okc-cop-sued-over-deadly-shooting-of-unarmed-
Department suicidal-man.
OR Clatskanie 130–132 Hannah Button, Docs: Police Chief ‘Compared African-Americans to Monkeys,’ KOIN 6 (Sept. 6, 2015),
Police http://www.koin.com/news/police-chief-compared-african-americans-to-monkeys/960342253.
Department
West Linn KGW Staff, West Linn Police Officer Fired After Facebook Posts, KGW8 (Feb. 23, 2017),
Police https://www.kgw.com/article/news/west-linn-police-officer-fired-after-facebook-posts/283-
Department 273184821.
PA Philadelphia 80–82 John Kopp, Photos Surface of Philly Police Officer with Nazi Tattoo, PHILLY VOICE (Sept. 1, 2016),
Police http://www.phillyvoice.com/photos-surface-philly-police-officer-nazi-tattoo/; Albert Samaha,
Department Philadelphia Might Start Cracking Down on Cops with Racist Tattoos, BUZZFEED NEWS (Sept. 12,
2017), https://www.buzzfeed.com/albertsamaha/philadelphia-bill-cracking-down-on-public-employee-
symbols?utm_term=.fslA92kx#.fmQAxPew; Albert Samaha, Why a Cop With a Tattoo that Looks Like a
Nazi Symbol Is Still on the Job, BUZZFEED NEWS (Sept. 22, 2017),
https://www.buzzfeed.com/albertsamaha/they-cant-fire-you-for-whats-in-your-
head?utm_term=.oo4n5YPl#.trMmeKXB.
Michael Boren, Philly Police Officer Attacks Critics of Rizzo Statue in Foul-Mouthed Facebook Comments,
INQUIRER (Nov. 6, 2017), http://www.philly.com/philly/news/kristine-gillespie-amato-frank-rizzo-
statue-removal-facebook-philadelphia-police-20171106.html.
Mensah M. Dean, Black Philly Narcotics Cops Slam White Supervisors, INQUIRER (Sept. 6, 2017),
http://www.philly.com/philly/news/pennsylvania/philadelphia/complaint-narcotics-unit-rife-with-
racism-corruption-20170906.html.
Tom MacDonald, Racist Graffiti Found in Philadelphia Police Station, WHYY (May 1, 2018),
https://whyy.org/articles/racist-graffiti-found-in-philadelphia-police-station/; Max Marin, Racist
Vandalism Inside South Philly Police Station Under Internal Investigation, PHILA. WEEKLY (May 2,
2018), http://www.philadelphiaweekly.com/news/racist-vandalism-inside-south-philly-police-station-
under-internal-investigation/article_463a0a80-4809-11e8-b35c-337443231078.html.
Philadelphia John Mitchell, Police Union Chief Wrong to Label BLM Protesters ‘Animals,’ PHILA. TRIBUNE (Sept. 4,
Fraternal 2017), http://www.phillytrib.com/police-union-chief-wrong-to-label-blm-protesters-animals/article_
Order of ed60ab3c-0220-5b2c-ad5c-6c5ced6feb62.html; Sebastian Murdock, Philly Police Union President Calls
Police Black Lives Matter Activists ‘a Pack of Rabid Animals,’ HUFFINGTON POST (Sept. 2, 2017), http://
www.huffingtonpost.com/entry/philly-police-union-president-calls-black-lives-matter-activists-a-pack-
of-rabid-animals_us_59aacc02e4b0dfaafcf0bc55.
McKeesport 113 ‘It Was a Stupid Mistake’: Cop's Snapchat Photo with Racial Slur Costs Her 2 Jobs, WTAE (Sept. 28,
Police 2016), http://www.wtae.com/article/it-was-a-stupid-mistake-cop-s-snapchat-photo-with-racial-slur-
Department costs-her-2-jobs/7482332; Pennsylvania Police Officer Fired for Racial Slur on Social Media, CBS NEWS
Department #(s)
(Sept. 28, 2016), https://www.cbsnews.com/news/pennsylvania-police-officer-fired-racial-slur-social-
media/.
City of 133–34 Nicole Hensley, Pennsylvania Police Chief Resigns One Week After Swearing-In Ceremony over Leaked
Farrell Police Email Containing Racial Slur, N.Y. DAILY NEWS (Nov. 29, 2015), http://www.nydailynews.
Department com/news/national/pa-police-chief-resign-leaked-email-n-word-article-1.2449417; Kimberley
Richards, Police Chief Shocks City: ‘N*****s Gotta Learn How To Read,’ HUFFINGTON POST (Nov. 24,
2015), https://www.huffingtonpost.com/entry/police-chief-shocks-city-nword-gotta-learn-how-to-
read_us_565479a8e4b0258edb32e376.
Pennsylvania Bill Michlowski, State Trooper Under Investigation over Facebook Comment, WNEP (July 31, 2015),
State Police http://wnep.com/2015/07/31/state-trooper-under-investigation-over-facebook-comment/.
Harrisburg Harrisburg Police Chief Says Facebook Post Not Intended to Be Racist, HARRISBURG REGISTER (Oct. 20,
Police Bureau 2017), http://www.dailyregister.com/news/20171020/harrisburg-police-chief-says-facebook-post-not-
intended-to-be-racist.
East Stephanie Griffith, Fourth Night of Protests in Pittsburgh After Black Teen’s Shooting by Police,
Pittsburgh THINKPROGRESS (June 24, 2018), https://thinkprogress.org/fourth-night-of-protests-pittsburgh-
Police antwon-rose-police-shooting-cd1d66540eb0/; Alex Horton, Antwon Rose Death Highlights What Can
Happen When Relationship Between Residents, Officers Deteriorates, WASH. POST (June 25, 2018),
https://www.washingtonpost.com/national/killing-highlights-what-can-happen-when-relationship-
between-residents-officers-deteriorates/2018/06/25/1fca387e-78bb-11e8-80be-6d32e182a3bc_
story.html?utm_term=.c8746ed2669c; P.R. Lockhart, Officer Who Shot Antwon Rose Is Accused of Past
Civil Rights Violations, VOX (July 5, 2018), https://www.vox.com/identities/2018/7/5/17537150/
antwon-rose-police-shooting-pittsburgh-michael-rosfeld-civil-rights-lawsuit; Eliot C. McLaughlin, East
Pittsburgh Officer Charged with Criminal Homicide in Antwon Rose Shooting, CNN (June 27, 2018),
https://www.cnn.com/2018/06/27/us/michael-rosfeld-charged-criminal-homicide-antwon-rose-east-
pittsburgh/index.html; Matt Stevens et al., Police Killing of Antwon Rose, 17, in East Pittsburgh Prompts
Protests, N.Y. TIMES (June 21, 2018), https://www.nytimes.com/2018/06/21/us/antwon-rose-police-
killing-protests.html; Paula Reed Ward, East Pittsburgh to Review Police Operations in Wake of Antwon
Rose Shooting, PITTSBURG POSE-GAZETTE (June 29, 2018), http://www.post-gazette.com/news/crime-
courts/2018/06/29/East-Pittsburgh-Antwon-Rose-Michael-rosfeld-department-policies-critical-
incidents-Jay-Costa/stories/201806280141.
RI Providence 129 Katie Mulvaney, Racist Remarks by Providence Police Sergeants Alleged, PROVIDENCE J. (Mar. 27,
Police 2015), http://www.providencejournal.com/article/20150327/NEWS/150329263.
Department
SC South WPDE, South Carolina Trooper’s Facebook Post on Deadly Police Shootings Under Investigation, WPDE
Carolina (July 8, 2016), http://wpde.com/news/local/south-carolina-troopers-facebook-post-after-deadly-police-
Highway shootings-under-investigation.
Patrol
Jamestown Derrek Asberry, Critics Want Chief Fired Over Remarks, POST & COURIER (Sept. 21, 2016), http://
Police www.postandcourier.com/archives/critics-want-chief-fired-over-remarks/article_a8e204de-a026-5f51-
Department 9f45-54351e14e1a7.html; Raymond Owens, Jamestown Police Chief Posts Facebook Comment that
Woman Says Is Racist, NEWS 2 (Sept. 21, 2016), http://counton2.com/2016/09/20/jamestown-police-
chief-posts-facebook-comment-that-woman-says-is-racist/.
North Glenn Smith & Andrew Knapp, North Charleston Police Officer Demoted After Sharing Racially-
Charleston Charged Video with Charleston Thug Life Blog, POST & COURIER (Mar. 30, 2017), http://www.
Police postandcourier.com/news/north-charleston-police-officer-demoted-after-sharing-racially-charged-
Department video/article_903d99a6-153f-11e7-8186-9328c8bc6b2b.html.
Department #(s)
SD Rapid City Heidi Bell Gease, Former Police Detective Sues Chiefs, City for Racial Discrimination, RAPID CITY J.
Police (Apr. 20, 2009), https://rapidcityjournal.com/news/local/former-police-detective-sues-chiefs-city-for-
Department racial-discrimination/article_ffc9a20c-7a4a-5172-96ba-7cc518af171f.html; Jim Holland, Yearlong
Study: Natives Feel Profiled by Rapid City Police Based on Race, RAPID CITY JOURNAL (Nov. 11, 2015),
https://rapidcityjournal.com/news/local/yearlong-study-natives-feel-profiled-by-rapid-city-police-
based/article_4e38af3e-61f7-5272-bff1-40c24cfa7b16.html.
TN Memphis Lee Moran, 2 Cops Suspended Over Snapchat Image of Gun Aimed at Emoji Of Black Boy,
Police HUFFINGTON POST (July 11, 2016), http://www.huffingtonpost.com/entry/memphis-police-
Department snapchat-emoji-suspended_us_57833cfbe4b0c590f7e9ee71.
Metro Press Release, Officer Anthony Venable Decommissioned; Under Investigation for Facebook Post (July 7,
Nashville 2016), http://www.nashville.gov/News-Media/News-Article/ID/5449/Officer-Anthony-Venable-
Police Decommissioned-Under-Investigation-for-Facebook-Post.aspx.
Department Steven Hale, Metro Police to Stop Issuing Racist Book to New Recruits, NASHVILLE SCENE (Mar. 17,
2017), http://www.nashvillescene.com/news/pith-in-the-wind/article/20855225/metro-police-to-stop-
issuing-racist-fearmongering-book-to-new-recruits.
TX Williamson 69 Texas Officers Fired for Membership in KKK, ABC NEWS (June 20, 2017),
County http://abcnews.go.com/US/story?id=93046&page=1.
Sheriff’s
Office
Austin Police Steve Almasy & Mayra Cuevas, Austin Police Investigating Two Officers After Teacher's Violent Arrest,
Department CNN (July 22, 2018), https://www.cnn.com/2016/07/22/us/austin-police-officer-investigation/
index.html; Chelsea Cunningham et al., Breaion King Speaking Out After Officer's Termination, Oscar
Buzz, KVUE (Jan. 23, 2018), http://www.kvue.com/article/entertainment/events/oscars/breaion-king-
speaking-out-after-officers-termination-oscar-buzz/269-510806372.
Nicole Hensley, Naked Texas Teen Shot and Killed by Austin Cop Was Unarmed; Family Grieving the
Slain High School Student: ‘Our Child Was Stolen from Us by the Police,’ N.Y. DAILY NEWS (Feb. 10,
2016), http://www.nydailynews.com/news/national/texas-teen-shot-police-unarmed-naked-article-
1.2526287; Claire Ricke, APD Fires Officer Who Shot, Killed David Joseph, KXAN (Mar. 21, 2016),
http://www.kxan.com/news/local/austin/officer-freeman-waives-right-to-hearing-in-17-year-olds-
death/1049814405; Jordan Smith, Acevedo Fires Olsen, AUSTIN CHRONICLE (Dec. 7, 2007),
https://www.austinchronicle.com/news/2007-12-07/568560/.
Commerce Commerce Police Chief Resigns After Run-In With Beauty Queen, CBS LOCAL (June 26, 2017), http://
Police dfw.cbslocal.com/2017/06/26/commerce-police-chief-resigns-after-black-beauty-queen-run-in/;
Department Commerce Police Chief Resigns Following Controversial Arrest, FOX 4 (June 27, 2017), http://www.
fox4news.com/news/263953260-story; Hayley Miller, Police Chief Placed on Leave After Alleged
Involvement in Miss Black Texas Arrest, HUFFINGTON POST (May 25, 2017), http://www.
huffingtonpost.com/entry/miss-black-texas-police-chief-road-rage_us_5926fe8de4b061d8f81ffc1d.
Memorial Joseph Fanelli, Memorial Villages Police Department Accused of Racist Language by Former Dispatcher,
Villages HOUS. PRESS (Aug. 14, 2017), http://www.houstonpress.com/news/memorial-villages-police-
Police department-in-houston-accused-of-racist-language-by-former-dispatcher-9691148.
Department
Fort Worth Fort Worth Police Officer Fired Two Years After Shooting Man Holding BBQ Fork, FOX 4 NEWS (June
Police 27, 2017), http://www.fox4news.com/news/264199897-story.
Officers Avi Selk, #BlackLivesMatter Kills Cops, Fort Worth Police Group Claims in Viral Post, DALL. NEWS
Association (July 2016), https://www.dallasnews.com/news/dallas-police/2016/07/11/blacklivesmatter-kills-
copsfort-worth-policegroup-claims-viral-post.
Department #(s)
New Boston Lawyer, New Boston Residents Accuse Police Chief of Racism, Police Misconduct, KSLA NEWS (Aug. 26,
Police 9:15 PM), http://www.ksla.com/story/37776222/lawyer-new-boston-texas-residents-accuse-police-
Department chief-of-racism-police-misconduct/; Erin Rogers, Citizens Applaud New Boston, TX, Chief King’s
Termination, TXK TODAY (Apr. 27, 2018), http://txktoday.com/news/citizens-applaud-new-boston-
tx-chief-kings-termination/.
Harris Meagan Flynn, Black Student Mowing Lawns Alleges Racial Profiling After Harris County Arrest, HOUS.
County PRESS (July 27, 2017), http://www.houstonpress.com/news/video-of-black-students-encounter-with-
Sherriff’s police-and-arrest-prompts-accusations-of-racial-profilng-9645042.
Office
UT Layton City 110 Luke Ramseth, Layton Police Officer Resigns After Posting Racist Meme on NAACP Leader’s Facebook
Police Page, SALT LAKE TRIBUNE (June 16, 2017), http://www.sltrib.com/home/5410355-155/layton-police-
Department officer-resigns-after-racist; Lauren Steinbrecher, Utah Police Officer Resigns Amid Internal Investigation
into Racist Post on Facebook, FOX 13 (Jun. 16, 2017), http://fox13now.com/2017/06/
15/utah-police-officer-resigns-amid-internal-investigation-into-racist-post-on-facebook/.
Peter Goonan, Utah City Withholds Name of Officer in Alleged Racist Facebook Post Targeting Springfield
Bishop, MASS LIVE (July 5, 2017), http://www.masslive.com/news/index.ssf/2017/07/utah_not_
releasing_name_of_res.html.
Price Police 111 Lauren Steinbrecher, Price Police Investigating Racist Comment Allegedly Posted by Officer, FOX 13 (Feb.
Department 16, 2017), http://fox13now.com/2017/02/15/price-police-investigating-racist-comment-allegedly-
posted-by-officer/.
VT Vermont Stewart Ledbetter, Study Finds Racial Bias in Vt. State Police Traffic Stops, NBC 5 (June 30, 2016),
State Police http://www.mynbc5.com/article/study-finds-racial-bias-in-vt-state-police-traffic-stops/3327581;
Elizabeth Murray, Study: Vermont Police Stop Data Show Racial Disparities, BURLINGTON FREE PRESS
(Jan. 9, 2017), https://www.burlingtonfreepress.com/story/news/local/2017/01/09/study-vermont-
police-stop-data-show-racial-disparities/96345458/.
VA Virginia Probe of Detective’s Facebook Post Follows Racial Bias Claim, U.S. NEWS (Nov. 15, 2017),
Beach Police https://www.usnews.com/news/best-states/virginia/articles/2017-11-15/probe-of-detectives-facebook-
Department post-follows-racial-bias-claim; Jane Harper, Virginia Beach Detective’s Facebook Posts Could Impact His
Pending Cases, THE VIRGINIAN-PILOT (Nov. 15, 2017), https://pilotonline.com/news/local/crime/
virginia-beach-detective-s-facebook-posts-could-impact-his-pending/article_da061716-5dda-5cf8-
af44-91fc1800a133.html; Detective Under Review After Online Posts Prompt Racial Bias Claim, ABC 13
NEWS NOW (Nov. 15, 2017), https://www.13newsnow.com/article/news/local/mycity/virginia-
beach/detective-under-review-after-online-posts-prompt-racial-bias-claim/492013882.
Alexandria Rachel Weiner, A Va. Cop Was Fired for Racial Bias After Stopping the Chief’s Brother. A New Chief
Police Hired Him Back. WASH. POST (May 19, 2017), https://www.washingtonpost.com/local/public-
Department safety/a-va-officer-was-fired-for-racial-bias-after-stopping-the-chiefs-brother-a-new-chief-hired-him-
back/2017/05/18/1f158800-367e-11e7-b412-62beef8121f7_story.html?utm_term=.4cbbfbcfe7fe.
Charlottesvill Chris Suarez, City Confirms Police Employee Spoke on White Nationalist’s Podcast, DAILY PROGRESS
e Police (June 20, 2018), https://www.dailyprogress.com/news/local/city/city-confirms-police-employee-spoke-
Department on-white-nationalist-s-podcast/article_195c8a2c-74ca-11e8-9074-03d94afed511.html.
WA Seattle Police Susannah Frame & Elisa Hahn, ‘My Heart Is Sick,’ Police Union Chief Says of Social Media Post, KING
Guild 5 (July 13, 2016), http://www.king5.com/news/local/my-heart-is-sick-police-union-chief-says-of-
social-media-post/272291917.
WV Elkins City Tim Macvean, ‘Cockroach’ Memo Prompts Legal Review, INTER-MOUNTAIN (Feb. 8, 2017),
Police http://www.theintermountain.com/news/local-news/2017/02/cockroach-memo-prompts-legal-review/.
Department
Department #(s)
Charleston Update: Charleston, WV Mayor Expected Williams’ Resignation, TRISTATE UPDATE (Feb. 4, 2015),
Police http://www.tristateupdate.com/story/26682068/charleston-police-officer-suspended-over-video;
Department WSAZ News Staff, Update: Shawn Williams Resigns from Charleston Police Department, WSAZ (Jan.
21, 2015), http://www.wsaz.com/home/headlines/Chief-Patrol-Division-Commander-Put-on-Paid-
Administrative-Leave-276481731.html.
WI Calumet Associated Press, Sheriff’s Deputies Disciplined After Facebook Video Shows Them Burning Effigy Dressed
County in Uniform, N.Y. DAILY NEWS (Sept. 30, 2009), http://www.nydailynews.com/news/national/sheriff-
Sheriff deputies-disciplined-facebook-video-shows-burning-effigy-dressed-uniform-article-1.381174.
Milwaukee Gina Barton et al., Milwaukee Cop Who First Confronted Bucks’ Brown Suspended Two Days,
Police MILWAUKIE J. SENTINEL (May 25, 2018), https://www.jsonline.com/story/news/politics/
Department 2018/05/24/sterling-brown-case-common-council-calls-change-transparency/640919002/; Nina
Golgowski, Sterling Brown Sues Milwaukee Police, Cites Cop’s Racist Facebook Posts After Arrest,
HUFFPOST (June 19, 2018), https://www.huffingtonpost.com/entry/sterling-brown-suing-
milwaukee_us_5b291eeae4b05d6c16c7c0df; Mary Spicuzza, Milwaukee Police Chief Alfonso Morales on
Sterling Brown Body Camera Footage: ‘I Didn’t See Half the Videos Either,’ MILWAUKIE J. SENTINEL
(June 6, 2018), https://www.jsonline.com/story/news/politics/2018/06/06/sterling-brown-video-
police-chief-says-he-didnt-see-half/678943002/.
Deforest Rob Schultz, DeForest Police Chief on Leave After Video Surfaces of Him Making Racist Comments, WIS.
Police ST. J. (June 16, 2018), https://host.madison.com/wsj/news/local/deforest-police-chief-on-leave-after-
Department video-surfaces-of-him/article_675c5538-d836-578d-ba99-d3e951e0f7a7.html.
49 States + DC; 173 Police Departments

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LCB_23_1_Article_2_Johnson (Do Not Delete) 4/1/2019 4:32 PM

KKK IN THE PD:

There is an epidemic of white supremacists in police departments. Police offic-

206 LEWIS & CLARK LAW REVIEW [Vol. 23:1

Introduction .................................................................................................... 206

2019] KKK IN THE PD 207

System, HUFFINGTON POST (July 26, 2010), http://www.huffingtonpost.com/bill-quigley/

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I. HATE GROUPS AND THE POLICE

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II. RACISM IN POLICE DEPARTMENTS

2019] KKK IN THE PD 217

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In 2016, a Philadelphia, Pennsylvania officer was found to have a white su-

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III. RACIST VIEWS

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suspended-racist-texts-leaked-nonprofit-article-1.2033713; see also Cornelius Frolik, 2

224 LEWIS & CLARK LAW REVIEW [Vol. 23:1

An NYPD officer made a Facebook comment in which he called New York

2019] KKK IN THE PD 225

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228 LEWIS & CLARK LAW REVIEW [Vol. 23:1

IV. RACIST DEEDS

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an officer made a video of himself in uniform in which he declares “black people

230 LEWIS & CLARK LAW REVIEW [Vol. 23:1

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A Massachusetts state trooper who shot an unarmed person of color in 2018

232 LEWIS & CLARK LAW REVIEW [Vol. 23:1

V. RACIAL BIAS IN THE CRIMINAL LAW

2019] KKK IN THE PD 233

considered in a probable cause analysis except in cases of investigatory stops.178 The

234 LEWIS & CLARK LAW REVIEW [Vol. 23:1

VI. BRADY AND RACIAL BIAS

It is likely uncontroversial among reasonable people that white supremacist

2019] KKK IN THE PD 235

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VII. OTHER SOLUTIONS

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departments of problem officers, even in this moment of heightened scrutiny, have

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County dothanfirst.com/news/top-stories/alabama-cops-suspended-after-hate-group-allegations (last visited

Department DOTHAN EAGLE (Dec. 15, 2015), http://www.dothaneagle.com/news/government/residents-ask-