For the Milwaukee Police Department and Fire and Police Commission
Chapter 5
Use of Force and Deadly Force Practices
Finding 27
MPD command does not routinely review the involved officer(s)' use of force, complaint, and discipline history in use of force investigations.
MPD should require review of the involved officer's history in use of force investigations for aggravating factors in patterns of behavior, including previous questionable use of force situations, anger issues, unsatisfactory performance, or related unsatisfactory behavior.
It is important to distinguish between a use of force incident, in which wrongdoing by the officer is not implicit, and a personnel investigation of inappropriate/excessive force in which non-compliance with the Code of Conduct, Standard Operating Procedure, or training is alleged. The above listed concerns are addressed in collaboration with the Use of Force Committee, the Critical Incident Review Board (which reviews all critical and sentinel incidents), the Early Intervention Program and the Internal Affairs Division. Use of force incidents may be investigated as personnel investigations or be addressed with policy review or remedial training. Commanding officers have AIM access to review all use of force incidents, closed personnel investigations and complaints involving members under their command.
The Use of Force Committee responsibilities are enumerated in SOP 460 as it conducts periodic comprehensive reviews of use of force issues affecting the department and meets quarterly. It should be noted as part of this process the committee identifies outliers who statistically use force more than their peers. Commanding officers are required to take a proactive approach with those members identified as outliers. The Critical Incident Review Board (CIRB) responsibilities are enumerated in SOP 455 as it serves as an advisory body to the Chief of Police and conducts thorough analyses of critical incidents and other incidents. In addition to the above reviews, SOP 450.50(F) (Personnel Investigations) requires the commanding officer of the Internal Affairs Division to cause a review of personnel investigations every six months to identify patterns of allegations concerning members of the department.
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Reviewing patterns of behavior is extremely important. But not just aggressive physical force, but also looking for complaints of racial harassment and even sexual harassment or abuse. Especially when use of deadly force is so often aimed at Black, brown, and indigenous folks it's important to recognize a trend of racial harassment followed by use of force against a minority, especially in circumstances where it's excessive force and/or an unarmed minority.
As for sexual harassment and abuse, even though it's not often looked at or linked with more aggressive behaviors, it's actually a pretty good indicator of it. Particularly an authority who sexually harasses arrestees or others. That's someone who doesn't respect people they have power over.