Lawsuit filed: ACLU challenges what it calls MPD's stop-and-frisk program; Chief Flynn responds
MILWAUKEE, Wisconsin (WITI) -- The Milwaukee Police Department is operating a stop-and-frisk program that mostly targets black and Latino residents who are often detained without cause, the American Civil Liberties Union of Wisconsin alleges in a class action lawsuit filed against the City of Milwaukee and Milwaukee Police Department Wednesday. The lawsuit claims MPD is utilizing policies that are unconstitutional.
The federal lawsuit was filed on behalf of six black and Latino plaintiffs who said they've been stopped once or multiple times since 2010 without a citation or clear explanation -- while taking part in lawful activities.
"This lawsuit is a culmination of a nearly three-year investigation conducted by the ACLU national office and the ACLU of Wisconsin," Jason Williamson, ACLU attorney said.
The lawsuit alleges the stop-and-frisk program is citywide, but is concentrated in areas largely populated by minorities, including the predominantly black neighborhoods in the north of the city, creating a "deepened public fear of and alienation from" the police.
"Rather than feeling protected, these residents feel under siege," Williamson said.
Police Chief Edward Flynn has suggested that increasing the number of stops in certain areas will disrupt and deter crime, the lawsuit alleges.
The suit asks the court to order the Milwaukee Police Department to immediately end the program and to declare that department is violating the Fourteenth Amendment's equal protection clause and the Fourth Amendment's protection against unreasonable searches and seizures.
"What we've uncovered by talking to people in the community and looking closely at plaintiff's experiences is that the Milwaukee Police Department is running a vast, unconstitutional stop-and-frisk program that subjects people to law enforcement encounters without reasonable suspicion of criminal activity and based on their race and ethnicity," said Nusrat Choudhury, an ACLU attorney.
The ACLU has challenged similar police initiatives in Boston and Chicago over racial-profiling concerns. New York halted its stop-and-frisk policy in 2014 after a federal judge ruled it unconstitutional.
The number of traffic and pedestrian stops in Milwaukee rose from 66,657 in 2007, the year before the new stop-and-frisk directive, to 196,434 in 2015, according to Milwaukee Police Department data cited in the lawsuit.
Figures the ACLU obtained from the police department through an open records request found that black people comprised 72 percent of the more than 33,300 pedestrian stops officers conducted between 2010 and 2012. Blacks make up about 39 percent of Milwaukee's nearly 600,000 residents, according to 2015 Census data.
The ACLU's analysis of those stops found that 41 percent lacked a clear explanation, with the reasons listed being "other," ''null," or "suspicious circumstances," ''suspicious vehicle," and "suspicious person."
ACLU attorneys also contend that the department encourages quotas for stops. They cited a May 2016 letter from the police union to department supervisors about placing officers "in a very difficult situation."
"Basically, stops must be made to preserve employment, rather than to facilitate public safety," Milwaukee Police Association President Michael Crivello said in the letter, which claimed officers were being told to make two traffic stops per day or face discipline.
MPD officials have denied a quota system exists.
One of the lawsuit's plaintiffs is a 17-year-old boy who says he's been detained without cause three times, including once when he was visiting a friend when he was 11.
"I am standing with other African-American mothers who have to tell their son constantly 'when you get stopped by police officers, be calm. Answer their questions and you may come home with life,'" Tracy Adams, the 17-year-old's mother said.
Another plaintiff is 60-year-old Alicia Silvestre, who alleges that two police officers pulled her over and followed her home to look through her purse and verify she had a driver's license, which she didn't have when they stopped her. She said she was not ticketed or told why she was pulled over.
The lawsuit alleges that Charles Collins and his wife were pulled over and questioned in 2014 without explanation — an experience Collins, 67, said reinforced his anxiety about police.
"If I go out, I gotta be on edge. I gotta be a little anxious because if I roll out as a black man, there's a good chance that I'm gonna get stopped for doing nothing," he said.
"These practices the intentional targeting of thousands of innocent people and disproportionately people of color needs to end," Karyn Rotker, ACLU attorney said.
Milwaukee Police Chief Ed Flynn said in a statement released on Wednesday:
"The Milwaukee Police Department has never used the practice of 'stop and frisk,' nor has there ever been a quota for traffic stops. However, traffic stops in high crime areas have been proven to reduce the number of non-fatal shootings, robberies, and motor vehicle thefts.
No discussion of our crime tactics is complete without reference to the hyper-victimization of disadvantaged communities of color by high rates of violent crime. But MPD considers it our moral duty to confront violence where it occurs. Towards that end, our officers take physical risks every day implementing the ethical and constitutional anti-crime strategies of the MPD."
MPD also noted that it released 2016 crime data recently that indicated 79% of homicide victims and 75% of aggravated assault victims were African-American. 81% of homicide suspects and 85% of aggravated assault suspects were African-American.
During the last nine years, as measured by UWM, citizen complaints have significantly declined and favorable public opinion of MPD has risen, despite the increase in proactive police activity. MPD also noted that among those complainants in the suit, none of them have filed complaints with the Milwaukee Police Department or the Fire and Police Commission.
FOX6 News reached out to the city attorney, who was unable to comment on the lawsuit because they have yet to be served the paperwork.