A recent announcement by the U.S. Department of Justice’s Civil Rights Division that it will start dismissing lawsuits against police departments across the country and the consent decrees that go with them will not affect Aurora’s consent decree. 

The Aurora Police Department voluntarily entered into a consent decree with Colorado Attorney General Phil Weiser in 2021. Aurora’s consent decree is a state decree and does not fall under the DOJ, according to an Aurora Police Department spokesperson.

In announcing the dismissal of lawsuits filed by President Joe Biden’s administration to implement sweeping changes to law enforcement, the DOJ said the lawsuits would “impose years of micromanagement,” “expensive independent monitors,” and “potentially hundreds of millions of dollars of compliance cost.” 

Included in the lawsuit dismissals are Louisville, Kentucky and Minneapolis, Minnesota. 

After the DOJ announcement, Minneapolis Mayor Jacob Frey, Police Chief Brian O’Hara and other city leaders said they will continue to do the police reform work already underway despite the motion to dismiss the consent decree.

“Accountability isn’t optional,” Frey said, adding that Minneapolis will implement “every reform outlined” in the decree. 

The Minneapolis consent decree came after the death of George Floyd and has since made “significant strides” in police reform, according to its independent monitor, Effective Law Enforcement for All. 

In Louisville, Mayor Craig Greenberg announced the launch of a municipal consent decree for its police department following the DOJ decision to dismiss the federal one. 

The city’s new consent decree is an agreement between Metro Government, the Louisville Metro Police Department and the citizens of Louisville, according to the city’s website. 

“It incorporates all the objectives in the previously negotiated consent decree and puts in place the accountability and transparency measures needed to continue building trust and improving public safety in our community,” the city said in a statement. 

What is a consent decree?

A1994 crime bill states that the Department of Justice can investigate police agencies for patterns or practice of unconstitutional policing, according to the Department of Justice website.

The problems addressed in such cases include use of excessive force, unlawful stops, searches or arrests, and discriminatory policing, the department website says. Settlements and court orders frequently require things like independent oversight, improved investigation and review of use of force and more effective training and supervisions of officers. 

Aurora’s consent decree

In 2020, a law enforcement accountability bill passed in Colorado that authorizes the attorney general to investigate any governmental agency for engaging in a pattern or practice of conduct that violates state or federal constitutions or laws, according to IntegrAssure, the independent consent decree monitor for Aurora. 

In August of that year, Weiser announced an investigation into the Aurora Police Department and Aurora Fire following multiple community reports about misconduct. 

Elijah McClain’s 2019 death following a violent police stop is the main reason the Aurora police and fire departments are under a consent decree and why city officials are trying to ensure public servants who abuse their power are held accountable.

In September of 2021, the Attorney General’s Office announced that the investigative team found patterns and practices of racially biased policing, excessive uses of force and failure to record legally required information. 

Additionally, the investigation concluded that Aurora Fire Rescue had patterns and practices of administering ketamine in violation of the law. 

The investigation led to the consent decree between the Attorney General’s Office and the City of Aurora. The decree, which was announced in November 2021, mandates that the city reform public safety while being overseen by an independent monitor.

Under the consent decree, IntegAssure is required to provide regular public updates on the department’s progress under the decree to the court. 

In the latest Aurora Police Department consent decree report, released in April, the monitor praised the department’s follow-up to the Kilyn Lewis shooting last May and said the police chief made important changes to the SWAT team.

Lewis was unarmed and shot during the execution of a high-risk arrest warrant by APD SWAT. The 18th Judicial District determined that the shooting was justified and an internal review by APD determined that the officer, Michael Dieck, did not violate department policy.

The consent decree monitor reviewed both the district attorney and department’s reviews and said in the report that they both reached appropriate conclusions. It added that there were allegations pf potential bias and constitutional policing issues in the last reporting period that were not sustained.

Lewis’ shooting pushed Aurora Police Chief Todd Chamberlain to review APD’s SWAT protocol and make several changes, the report said.

“The need for significant reform of SWAT operational practices was recognized by both the Monitor and APD, and APD addressed and implemented such reforms,” the report stated.

The Lewis family filed a lawsuit against the City of Aurora and the officer who shot Lewis on Friday, claiming that the officer’s lethal use of force was not reasonable.