Four Former Minneapolis Police Officers Indicted on Federal Civil Rights Charges for Death of George Floyd -
Derek Chauvin was also Charged in Separate Indictment for Violating Civil Rights of a Juvenile
Today the Department of Justice unsealed TWO indictments charging the four *former* Police Officers for violating Mr George Flyod Jr’s constitutional rights1.
The first indictment2 charges, Derek Chauvin, Tou Thao, J. Alexander Kueng, and Thomas Lane - with federal civil rights crimes for their roles in the death of George Perry Floyd Jr.,
The three-count indictment alleges that all four defendants, while acting under color of law, willfully deprived Mr. Floyd of his constitutional rights, in violation of Title 18, United States Code, Section 242.
Count One:
alleges that on May 25, 2020, Chauvin held his left knee across Mr. Floyd’s neck, and his right knee on Floyd’s back and arm, as George Floyd lay on the ground, handcuffed and unresisting, and kept his knees on Mr. Floyd’s neck and body even after Mr. Floyd became unresponsive.
The indictment states unambiguously that Chauvin’s actions violated Mr. Floyd’s constitutional right to be free from the use of unreasonable force by a police officer and resulted in bodily injury to, and the death of, Mr. Floyd.
Count Two;
That both Thao and Kueng willfully failed to intervene to stop Chauvin’s use of unreasonable force, resulting in bodily injury to, and the death of, Mr. Floyd.
Count Three;
…alleges that all four defendants saw Mr. Floyd lying on the ground in clear need of medical care and willfully failed to aid him. The indictment further alleges that by doing so, all four defendants willfully deprived Mr. Floyd of his constitutional right not to be deprived of liberty without due process of law, which includes an arrestee’s right to be free from a police officer’s deliberate indifference to his serious medical needs and resulted in bodily injury to, and the death of, Mr. Floyd.
Separate Indictment Defendant Chauvin;
Separately a two-count indictment 3charges Chauvin with a separate incident that involved a minor - This additional indictment (again separate from the aforementioned indictment) alleges that Chauvin - under the color of law (which is a very important delineation) unlawfully detained and then put his knee on the neck of a fourteen year old child after striking the child with his police issued flashlight - in this incident Defendant Chauvin had his knee on the child’s neck and back for over 14 minutes
Count One
On September 4, 2017, Chauvin, without legal justification, held the teenager by the throat and struck the teenager multiple times in the head with a flashlight.
willfully depriving a Minneapolis resident who was then fourteen-years-old of the constitutional right to be free from the use of unreasonable force by a police officer, in violation of Title 18, United States Code, Section 242.
Count Two
Charges that Defendant Chauvin - Under the color of law, willfully held his knee on the neck and the upper back of the teenager even after the teenager was lying prone, handcuffed, and unresisting, also resulting in bodily injury.
The indictment alleges that this offense included the use of a dangerous weapon—specifically a flashlight—which resulted in bodily injury to the teenager.
Both of these indictments charge violations of Title 18, United States Code, Section 242.
TITLE 18, U.S.C., SECTION 242
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, ... shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
I don’t know why I’m so emotional about these indictments, but it feels like actual justice and the arch of justice is slowly starting to bend in the right direction.
as you’ll recall on April 21, 2021 Attorney General Garland announced that the Justice Department’s civil pattern or practice investigation into the City of Minneapolis and the Minneapolis Police Department. Keep in mind that a “pattern or practice investigation” is a civil investigation -and based on the findings the DOJ and Police Department may enter into a Consent Decree or Stipulation Agreement and/or Settlement.
DOJ PATTERN or PRACTICE-
Generally speaking a pattern or practice Investigation loosely follows the following steps and contours. Notably all pattern and practice investigations4 involve interviewing police and local officials, gathering information from other criminal justice stake holders, observing officer activities through ride-alongs and other means, reviewing documents and specific incidents that are relevant to the investigation and input from the community;
conducting a thorough and independent investigation to bring to light any persistent patterns of misconduct within a given police department.
The division may look, depending on what information prompted the investigation, at whether the police department has engaged in a pattern or practice of stops, searches, or arrests that violate the Fourth Amendment; use of excessive force; discriminatory policing; violation of the constitutional rights of criminal suspects; or violation of First Amendment right
assesses whether any systemic deficiencies contribute to misconduct or enable it to persist.
A critical part of the investigation is hearing directly from community members and police officers… to instill confidence in the thoroughness and integrity of the investigations, as well as to better understand the issues particular to that place, the community must be heard.
indictment against Chauvin et al - regarding George Flyod Jr’s murder - https://www.justice.gov/opa/press-release/file/1392451/download
indictment as to Derek Chauvin concerning a September 2017 unlawful use of excessive force on a fourteen year old - https://www.justice.gov/opa/press-release/file/1392446/download
see DOJ’s circa 2017 The Civil Rights Division’s Pattern and Practice Police Reform Work: 1994-Present Report; https://www.justice.gov/crt/file/922421/download
After I write this I promise to go gargle with bleach, BUT....
This is one ultra minor hat tip to Barr for saying no to the deal that would have sent Chauvin to federal jail without a trial for minimum time. The sticking point according to NYT was Chauvin wanted assurance that he wouldn't get hit with a federal civil lawsuit. Great gamble there....lol.
I'm glad to see the grand jury indictment AND his state case ruling.
Dammit Filey!! I wish you would take some time off. I don't know WHY, but I was just watching 20/20 which was about the abduction and murder of Riley Fox. I was on the verge of tears during the entire episode and your post has literally put me over the edge, and plunged my heart into the depths of grief. Thank God. THANK YOU GOD for helping us reach this point. I pray for Merrick Garland's continued good health and much success in his new position. We need these wins, now more than ever...