U.S. Justice Department Report on the Ferguson Police Department

Brockmeyer (copying Chief Jackson) that the fines the new Prosecuting Attorney was
recommending were not high enough. The Clerk highlighted one case involving three Derelict
Vehicle charges and a Failure to Comply charge that resulted in $76 in fines, and noted this
“normally would have brought a fine of all three charges around $400.” After describing another
case that she believed warranted higher fines, the Clerk concluded: “We need to keep up our
revenue.” There is no indication that ability to pay or public safety goals were considered.
The City has been aware for years of concerns about the impact its focus on revenue has
had on lawful police action and the fair administration of justice in Ferguson. It has disregarded
those concerns—even concerns raised from within the City government—to avoid disturbing the
court’s ability to optimize revenue generation. In 2012, a Ferguson City Councilmember wrote
to other City officials in opposition to Judge Brockmeyer’s reappointment, stating that “[the
Judge] does not listen to the testimony, does not review the reports or the criminal history of
defendants, and doesn’t let all the pertinent witnesses testify before rendering a verdict.” The
Councilmember then addressed the concern that “switching judges would/could lead to loss of
revenue,” arguing that even if such a switch did “lead to a slight loss, I think it’s more important
that cases are being handled properly and fairly.” The City Manager acknowledged mixed
reviews of the Judge’s work but urged that the Judge be reappointed, noting that “[i]t goes
without saying the City cannot afford to lose any efficiency in our Courts, nor experience any
decrease in our Fines and Forfeitures.”
IV. FERGUSON LAW ENFORCEMENT PRACTICES VIOLATE THE LAW
AND UNDERMINE COMMUNITY TRUST, ESPECIALLY AMONG AFRICAN
AMERICANS
Ferguson’s strategy of revenue generation through policing has fostered practices in the
two central parts of Ferguson’s law enforcement system—policing and the courts—that are
themselves unconstitutional or that contribute to constitutional violations. In both parts of the
system, these practices disproportionately harm African Americans. Further, the evidence
indicates that this harm to African Americans stems, at least in part, from racial bias, including
racial stereotyping. Ultimately, unlawful and harmful practices in policing and in the municipal
court system erode police legitimacy and community trust, making policing in Ferguson less fair,
less effective at promoting public safety, and less safe.
A. Ferguson’s Police Practices
FPD’s approach to law enforcement, shaped by the City’s pressure to raise revenue, has
resulted in a pattern and practice of constitutional violations. Officers violate the Fourth
Amendment in stopping people without reasonable suspicion, arresting them without probable
cause, and using unreasonable force. Officers frequently infringe on residents’ First Amendment
rights, interfering with their right to record police activities and making enforcement decisions
based on the content of individuals’ expression.
FPD’s lack of systems to detect and hold officers responsible for misconduct reflects the
department’s focus on revenue generation at the expense of lawful policing and helps perpetuate
the patterns of unconstitutional conduct we found. FPD fails to adequately supervise officers or
review their enforcement actions. While FPD collects vehicle-stop data because it is required to
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