Article
49 Mitchell Hamline L. Rev. 474 (2023)

Transforming the Minneapolis Police Department to Conform with the Rule of Law: Reform or Abolition

By
James Roth

For decades, there have been issues of excessive and inappropriate use of force by Minneapolis Police Officers, particularly toward Black, Indigenous, and People of Color (BIPOC). In May of 2020, George Floyd, a Black man, and Derek Chauvin, a white police officer with the Minneapolis Police Department (MPD), captured worldwide attention. A young woman passing by Cup Foods on Lake Street used her cell phone to record Chauvin kneeling on Floyd’s neck for nearly nine minutes, killing Floyd. Floyd’s last words were “I can’t breathe.” Some call it the spark that ignited the bonfire; some call it the “Great Awakening.” Protests followed in all fifty states and many countries around the world. Minneapolis has since been described as the epicenter of a worldwide movement to transform policing. Yet, little has been accomplished here. On February 2, 2022, Amir Locke, a twenty-two-year-old Black man was shot and killed by an MPD officer during the execution of a no-knock warrant. Tekle “Andrew” Sundberg, a 20-year-old Black man, was shot and killed by MPD SWAT team snipers during an apparent mental health crisis. In Mr. Sundberg’s case, gunshots and a panicked call from a neighbor prompted hours of attempted negotiations and a six-hour standoff in an apartment complex. 

This Article begins by addressing the history of the MPD, longstanding accusations of racism, and statistical evidence of racial disparities in the use of force by MPD officers. This Article then discusses administrative and legislative efforts at reform, including those in the aftermath of the death of George Floyd, proposals for the abolition of the MPD, and proposed charter amendments. The Article ends with suggestions for reform, a discussion of the MPD’s failures to adhere to the rule of law, and recommendations on what can be done to fix the MPD. This Article advocates for inviting the United Nations (UN) Special Rapporteur on racism to visit Minneapolis and prepare a report that addresses systemic racism in the MPD. The Article also recommends incorporating core principles from the Patten Report in Northern Ireland, which transformed policing in Northern Ireland, to comply with human rights in a consent decree with the Minnesota Department of Human Rights (MDHR).