As noted in the Human Rights Watch report, a recent positive development has been civil investigations of police departments by the United States Justice Department. Often cities and police departments will reach agreements with the Justice Department for reform rather than risk the Justice Department taking the case to court and obtaining a court order. Where civil action by the federal government does not work, prosecutors for the federal government should stand ready to bring criminal investigations and charges. Unfortunately, sometimes this is the only action which will get their attention. Many of the national scandals have been brought to light only through private legal action.
Successful lawsuits can often persuade officials to implement much-needed reforms.
Not only do big dollar judgments against these entities get their attention, but settlements may be structured to implement changes. I am often reminded of my fight in Los Angeles against the LAPD's common use of the notorious bar-arm and carotid choke holds. Use of these choke holds by police officers caused many tragic deaths and terrible, permanent injuries, often on persons who later proved to be innocent. Despite the urging of concerned citizenry from every corner, however, the city did not ban the use of the carotid choke hold by police until it had paid out many millions of dollars in civil lawsuits. That ban has continued to this day.