Justice Dept.: ‘Strong’ Position Against Ferguson

The Justice Department enters its court fight against the city of Ferguson with the apparent upper hand, given a months-long investigation that found vast problems in the way police and courts treat poor people and minorities in the St. Louis suburb.

The city took a high stakes gamble by rejecting a settlement with the federal government. As a result, the Justice Department filed a lawsuit against Ferguson.

The department will look to prove in court the same constitutional violations it’s already alleged on paper: Baseless stops and searches of Black drivers, excessive use of force by officers and a profit-driven court system reliant on fines for petty violations.

“They have a very solid case,” Samuel Bagenstos, the former No. 2 official in the Justice Department’s Civil Rights Division, said even before the lawsuit was filed Wednesday. “If they were forced to litigate this, they have a very strong basis to show that there is a pattern and practice of constitutional violations in Ferguson.”

Even so, the department didn’t expect to have to go to court in the first place.

Federal officials announced last month they had reached an agreement with the city to radically reshape the troubled police force and avert a federal lawsuit. But City Council members on Tuesday night sought to renegotiate the deal because of cost concerns, leaving Justice with no option other than to file a civil-rights lawsuit to force change, said Attorney General Loretta Lynch.

That means changes to the city government that were to have taken effect will be postponed as the court case proceeds.

“The residents of Ferguson have waited nearly a year for the city to adopt an agreement that would protect their rights and keep them safe. … They have waited decades for justice. They should not be forced to wait any longer,” Lynch told a Washington news conference.

The Justice Department began investigating the police force weeks after 18-year-old Michael Brown, black and unarmed, was fatally shot by white officer Darren Wilson in August 2014. A scathing report last year found that the police department disproportionately targeted black citizens with stops and searches and arrested citizens without legal justification.

Following months of negotiations, the two sides announced a settlement to correct those problems and remake the training and practices of the police department.

Once that deal fell apart Tuesday, the department filed a new 56-page complaint raising many of the same allegations.

Officers too often respond with “impatience, frustration and disproportionate force,” the lawsuit says. And more than 90,000 summons and citations for municipal violations were issued over a four-year period ending in June 2014, part of an “ongoing and pervasive” misuse of law enforcement to generate revenue.

Ferguson spokesman Jeff Small declined to comment. Messages left with Mayor James Knowles III were not returned, though hours before the lawsuit was filed, he said Ferguson leaders were willing to sit down with federal negotiators to draw up a new agreement.