Police Accountability & Constitutional Policing

POLICY
DOCUMENT 36: POLICE ACCOUNTABILITY & CONSTITUTIONAL POLICING

Dave Biggers for
Louisville Mayor 2026

EXECUTIVE SUMMARY

Louisville stands at a crossroads. The murder of Breonna Taylor in
2020 exposed systemic failures in our police department that led to a
Department of Justice investigation finding a pattern of unconstitutional policing (U.S. Department of Justice findings report, March 8, 2023). The federal consent decree for LMPD never took effect: the Justice Department moved in May 2025 to drop the case (Louisville Metro press release, May 21, 2025), and it was dismissed at the end of 2025. The problems the investigation identified remain. Louisville
must choose: return to the status quo that cost lives and eroded trust,
or build a police department that serves all residents with dignity,
accountability, and constitutional policing.

I believe policing must be effective AND
constitutional. These are not competing values. Communities
with accountable, trusted police departments are safer because residents
cooperate with law enforcement. When communities don’t trust police,
crimes go unreported, witnesses don’t come forward, and safety suffers
for everyone.

The Challenge

The DOJ’s March 2023 findings (U.S. Department of Justice, March 8, 2023) documented pervasive problems:

1. Unconstitutional Use of Force: Officers used
   unjustified force, including striking people who weren’t resisting,
   using neck restraints, and deploying K-9s excessively.

2. Discriminatory Policing: The DOJ found
   LMPD came down far harder on some residents than others in stops, searches, citations, and
   force—not explained by crime rates or other factors.

3. Unlawful Search Warrant Practices: Deficient
   warrant applications, failure to knock-and-announce, insufficient
   post-search documentation—the very issues that led to Breonna Taylor’s
   death.

4. First Amendment Violations: Retaliation against
   people who criticized or recorded police, unlawful arrests during
   protests.

5. Failure to Investigate Misconduct: Internal
   investigations routinely incomplete, biased toward officers, missing key
   evidence.

My Vision

I will implement comprehensive police accountability reforms that
exceed the dismissed consent decree:

Independent Civilian Oversight Board ($2M annually):
True independence with subpoena power, investigative authority, and
binding disciplinary recommendations.

Use of Force Reforms ($1M annually): De-escalation
requirements, ban on chokeholds and no-knock warrants, early
intervention systems identifying problem officers.

Transparency & Data ($500K annually): Body
camera requirements, public data dashboards, open misconduct
records.

Constitutional Policing Training ($1.5M annually):
De-escalation, implicit bias, mental health crisis response, community
policing.

Community Accountability ($500K annually): Regular
community forums, precinct advisory councils, restorative justice
alternatives.

Budget Impact

This policy requires $5.5 million in new annual
spending—funded through reallocation from settlement costs
(Louisville has paid millions in misconduct settlements), federal grants,
and operational efficiencies from reduced misconduct incidents.

Why This Matters

Accountability makes policing more effective. When
communities trust police, they report crimes and cooperate as witnesses.
When they don’t, crimes go unsolved and violence increases. Chicago’s
police accountability reforms correlated with increased witness
cooperation and case clearance rates.

Accountability protects taxpayers. Louisville has paid millions of dollars in settlements for police misconduct. Every dollar
spent on prevention saves multiple dollars in lawsuits.

Accountability protects officers. Early intervention
systems identify officers struggling before misconduct occurs. Training
in de-escalation keeps officers safer.

Justice demands it. Breonna Taylor. Tae-Rone
Simpson. David McAtee. Louisville families deserve a police department
that values all lives equally.

CURRENT
SITUATION: LOUISVILLE’S POLICING CRISIS

DOJ Investigation
Findings (March 2023)

The Department of Justice conducted a comprehensive investigation
from April 2021 to March 2023 (U.S. Department of Justice findings report, March 8, 2023), finding that Louisville Metro and
LMPD:

Use of Force: – Used unjustified neck restraints –
Struck people in the head with impact weapons when not warranted –
Deployed police dogs against people who were not resisting – Used
less-lethal weapons inappropriately – Failed to intervene when
witnessing misconduct

Search Warrants: – Sought warrants with false or
inaccurate information – Failed to properly knock and announce – Did not
adequately document warrant executions – Had no policies ensuring
accountability

Traffic Stops: – Conducted stops without reasonable
suspicion – Stopped some drivers far more often than others – Searched vehicles
without legal justification – Made pretextual stops for minor violations
to investigate unrelated matters

Discrimination: – Enforcement fell far harder on some
residents than others (DOJ findings report) – Disparities not explained by crime
rates – The same unequal treatment shows up in charging, bail and jail (Criminal Justice Reform) – Bias in stop, search, arrest, and use of force decisions

First Amendment: – Arrested people for protected
speech (criticizing police) – Interfered with people recording police –
Unlawfully dispersed protesters – Retaliated against journalists

Internal Accountability: – Misconduct investigations
inadequate – Ignored or discredited civilian complaints – Failed to
identify patterns of officer misconduct – Discipline inconsistent and
inadequate

What Happened to the
Consent Decree

In December 2024, Louisville Metro reached a consent decree agreement with the Justice Department to address the problems its investigation found (Louisville Metro press release, May 21, 2025). The agreement was to be overseen by a federal
judge and independent monitor, with the current administration committing to
compliance within 5 years.

However, the federal consent decree for LMPD never took effect: the Justice Department under the new
administration moved in May 2025 to drop the case (Louisville Metro press release, May 21, 2025), and it was dismissed at the end of 2025.

Reforms now run under Louisville’s voluntary Community Commitment, checked by an independent monitor whose first report in August 2026 found most of the work still in its early stages. While LMPD has revised more than 260 policies in two years (Louisville Metro press release, May 21, 2025), without a federal judge enforcing the reforms there is no court-backed accountability for actual implementation.

Why Voluntary Reform Is
Insufficient

History shows police departments don’t reform themselves:

1. No enforcement mechanism: Voluntary commitments can
   be abandoned when political winds shift
2. No independent oversight: Internal review of police
   misconduct has inherent conflicts
3. No public accountability: Without required
   reporting, the community can’t verify progress
4. Policy vs. practice: Written policies mean nothing
   without enforcement

Louisville needs binding accountability, not
promises.

MY VISION:
ACCOUNTABLE, CONSTITUTIONAL POLICING

I believe effective policing requires community
trust, and community trust requires
accountability. This isn’t anti-police—it’s pro-community AND
pro-good-officers who are tarnished by colleagues’ misconduct.

Core Principles

1. Independence: Oversight must be independent of the
   police department and mayor’s office
2. Authority: Oversight bodies must have real
   power—subpoenas, investigations, discipline
3. Transparency: Data and decisions must be public by
   default
4. Community Voice: Those most affected by policing
   must have meaningful input
5. Prevention: Identify problems before they become
   crises

Goals (4-Year Term)

By 2029, I will achieve:

• Independent Civilian Oversight Board with subpoena
  power and binding disciplinary authority
• 50% reduction in use-of-force incidents through
  de-escalation training and early intervention
• Zero no-knock warrants executed except for imminent
  threat to life
• 100% body camera compliance with footage publicly
  accessible
• Public misconduct database searchable by
  officer
• Quarterly community accountability forums in every
  Metro Council district
• Reduced disparities in stops, searches,
  arrests, and force

DETAILED PROPOSALS

Proposal
1: Independent Civilian Oversight Board ($2M Annually)

What It Is

Louisville will establish a truly independent Civilian Oversight
Board (COB) with:

Structural Independence: – Board members appointed
by Metro Council (not Mayor or Police Chief) – Appointed from community
nominations – No current or former LMPD employees – Must include
representatives from communities most affected by policing – 5-year
staggered terms; removal only for cause

Investigative Authority: – Subpoena
power to compel documents and testimony (NACOLE Best Practices)
– Independent investigators (not former LMPD) – Access to all records,
body camera footage, internal affairs files – Authority to initiate
investigations without complaint – Authority to investigate patterns and
policies, not just individual incidents

Disciplinary Authority: – Binding recommendations on
discipline (Chief must implement or explain in writing) – Authority to
overturn inadequate internal discipline – Public reporting of all
disciplinary outcomes – Tracking of discipline by officer, type, and
outcome

Policy Authority: – Review and approve all
use-of-force policies before implementation – Authority to mandate
policy changes – Annual audit of department policies and practices

Why It Matters

Research shows civilian oversight is only effective when boards have
real power:

• NACOLE survey: 38 of 64 oversight bodies have no investigative
  authority; 30 can’t issue subpoenas
• Boards without subpoena power “can be stonewalled and denied access
  to critical documents”
• The most effective oversight bodies are “adequately funded, granted
  subpoena power, and equipped with full investigatory and disciplinary
  power”

Louisville’s current Citizens Commission on Police
Accountability lacks these powers. It can only review completed
internal investigations and make non-binding recommendations.

Budget

Annual Cost: $2 million

• Board operations and staff: $1.2M (Executive Director, 4
  investigators, admin support)
• Legal support: $400K (enforcement of subpoenas, legal review)
• Technology and systems: $200K (case management, data analysis)
• Community engagement: $200K (forums, translation,
  accessibility)

Implementation

Year 1 (FY2027-28): – Metro Council passes enabling
ordinance with full powers – Appoint initial board members through
community nomination process – Hire Executive Director and initial staff
– Establish policies and procedures

Years 2-4 (FY2028-29 to FY2030-31): – Full operations: All serious
incidents reviewed – Pattern investigations initiated – Policy reviews
completed – Public reporting established

Proposal 2: Use of
Force Reforms ($1M Annually)

What It Is

Comprehensive reforms ensuring force is used only when necessary, at
the minimum level required, with full accountability.

Policy Reforms:

De-Escalation Requirement: – Officers must attempt
de-escalation before using force when feasible – Documented in every
use-of-force report – Failure to de-escalate is policy violation subject
to discipline

Force Continuum: – Clear, graduated levels of force
tied to specific threat levels – Require lowest effective level of force
– Prohibit escalation without corresponding threat increase

Prohibited Tactics: – Chokeholds and neck
restraints: Banned except where deadly force would be
authorized – No-knock warrants: Banned except where
there is imminent threat to life requiring immediate entry (requires
Chief approval and COB notification) – Shooting at moving
vehicles: Banned except where vehicle is weapon and no
alternative – Warning shots: Prohibited

Duty to Intervene: – Officers must intervene to stop
excessive force by colleagues – Failure to intervene is discipline
equivalent to using excessive force – Protection from retaliation for
intervening

Early Intervention System: – Track use-of-force
incidents, complaints, lawsuits by officer – Automatic review when
officer exceeds thresholds – Mandatory intervention (training,
counseling, reassignment) before termination needed – Identify and
address problems before they become crises

Accountability: – All use-of-force incidents
documented within 24 hours – Supervisor review within 48 hours – Serious
force (injury, weapon discharge) reviewed by chain of command AND COB –
Annual public report on use-of-force statistics

Evidence Base

Research shows de-escalation training reduces use of force:

• Seattle PD: reported less use of force and fewer officer injuries after de-escalation training
• Las Vegas Metro: reported fewer officer-involved shootings after its de-escalation program
• Studies show de-escalation makes officers safer, not less safe

Early intervention systems identify problem officers before serious
misconduct:

• Phoenix PD: its early intervention system flagged officers who later had sustained complaints
• New Orleans: officers flagged by its early intervention system were more likely to have later complaints if no one stepped in

Budget

Annual Cost: $1 million

• Early intervention system technology: $300K
• Policy development and legal review: $200K
• Use-of-force review unit (3 FTE): $350K
• Data analysis and reporting: $150K

Proposal 3:
Transparency & Data ($500K Annually)

What It Is

Comprehensive transparency ensuring the public can verify
accountability.

Body Camera Requirements: – 100% of uniformed
officers equipped – Cameras activated for all law enforcement activities
– Footage retained minimum 180 days; 3 years for use-of-force or
complaints – Footage available to subjects of encounters within 7 days
upon request – Footage publicly released within 30 days for serious
incidents

Public Data Dashboard: – Real-time data on stops,
searches, arrests, use of force – Disaggregated by geography,
time, officer, and whatever state or federal law requires – Searchable by public – Updated weekly

Misconduct Database: – All sustained complaints
public and searchable – Officer discipline history accessible –
Settlement payments tracked and reported – Prevents problem officers
from hiding history

Open Records: – All department policies publicly
posted – Training curricula available – Internal affairs procedures
transparent – Budget and spending detail accessible

Budget

Annual Cost: $500,000

• Dashboard development and maintenance: $200K
• Body camera program expansion: $150K
• Records management and FOIA compliance: $100K
• Data analysis staff: $50K

Proposal
4: Constitutional Policing Training ($1.5M Annually)

What It Is

Comprehensive training ensuring every officer knows constitutional
limits and has skills to police effectively within them.

De-Escalation Training (40 hours annually): – Crisis
communication – Tactical repositioning – Time and distance – Recognizing
mental health crises – Scenario-based exercises

Implicit Bias Training (16 hours annually): –
Understanding how bias affects decision-making – Strategies to
counteract bias – Data on Louisville’s stop and force disparities –
Accountability for biased policing

Mental Health Crisis Response (24 hours annually): –
Recognizing mental health emergencies – De-escalation specific to mental
health – Coordination with Crisis Intervention Team – Alternatives to
arrest for mental health calls

Constitutional Law (16 hours annually): – Fourth
Amendment (search and seizure) – First Amendment (free speech, recording
police) – Fourteenth Amendment (equal protection) – Case law updates

Community Policing (16 hours annually): – Procedural
justice (treating people fairly) – Community engagement techniques –
Problem-oriented policing – Building trust in diverse communities

Budget

Annual Cost: $1.5 million

• Training development and delivery: $800K
• Outside trainers and experts: $300K
• Overtime for training attendance: $300K
• Materials and facilities: $100K

Proposal 5:
Community Accountability ($500K Annually)

What It Is

Structures ensuring community voice in policing priorities and
practices.

Precinct Advisory Councils: – Elected residents from
each LMPD division – Monthly meetings with division commanders – Input
on priorities, deployment, problem areas – Review of division-level
data

Quarterly Community Forums: – Public forums in each
Metro Council district – Chief and command staff attend – Community
questions and concerns heard – Public reporting on responses to prior
concerns

Restorative Justice Alternatives: – For eligible
offenses, option for restorative process instead of prosecution –
Victim-offender dialogue facilitated by trained mediators – Restitution
and community service – Reduced recidivism compared to traditional
prosecution

Youth Police Relations: – Youth advisory council to
COB – School resource officer accountability – Programs building
positive relationships before enforcement contact

Budget

Annual Cost: $500,000

• Precinct advisory council support: $150K
• Community forum coordination: $100K
• Restorative justice program: $200K
• Youth programs: $50K

One rule for federal law enforcement. Louisville Metro Police enforce city and state law. Federal law is the federal government’s job, and Metro will not pick and choose which federal laws its officers help enforce: it makes no sense to lend officers to drug and gun task forces to lock up citizens while saying no to immigration enforcement, or the other way round. I said it in 2018 and it still holds: “If you’re not going to enforce one federal law, don’t enforce the other.”

Where Metro does work with a federal agency, it will be the FBI only, on violent and organised crime, under a written agreement Council can read. LMPD will not ask about immigration status, and will not hold anyone past release on a federal request without a judge’s warrant. If a federal agency arrives with a warrant, LMPD will not stand in its way; it will not do that agency’s work for it either.

Hate crimes, and the people they target. A crime aimed at someone for who they are is a crime against the whole city, and Metro will treat it that way: investigated, charged and reported. I reject the idea that immigrants are criminals as a group. Some people commit crimes, immigrant or not, and the law holds each person to account for what they did, not for where they came from.

IMPLEMENTATION TIMELINE

Year 1 (FY2027-28): Foundation

• Pass COB ordinance with full powers
• Ban no-knock warrants (except imminent threat)
• Implement duty to intervene policy
• Begin de-escalation training program
• Launch body camera compliance initiative

Year 2 (FY2028-29): Build Capacity

• COB fully operational
• Early intervention system deployed
• Public data dashboard launched
• All officers complete initial training curriculum
• Precinct advisory councils established

Year 3 (FY2029-30): Full
Implementation

• 100% body camera compliance achieved
• Misconduct database searchable
• Restorative justice program launched
• Pattern investigations by COB
• First annual accountability report

Year 4 (FY2030-31): Measure Results

• Evaluate use-of-force trends (target: 50% reduction)
• Assess disparity data (target: measurable reduction)
• Community trust surveys
• Adjust policies based on outcomes
• Model for other cities

BUDGET SUMMARY

Funding Sources: – Settlement cost reduction: $2M
(Louisville has paid millions in misconduct settlements) – Federal
grants (DOJ COPS, BJA): $1.5M – General fund reallocation: $2M

Return on Investment: – Reduced settlements save
$2-5M annually – Improved clearance rates (community cooperation) –
Reduced officer injuries and turnover – Avoided federal oversight
costs

WHY THIS MATTERS

For Breonna Taylor. Her death exposed systemic
failures that remain unaddressed. Louisville owes her family—and all
families—a police department that values life and follows the
Constitution.

For all Louisville residents. Everyone deserves to
feel safe in their community AND safe from unconstitutional policing.
These are not competing values.

For good police officers. The majority of officers
serve honorably. They deserve a department where misconduct is
identified and addressed, not one where bad actors tarnish everyone.

For Louisville’s future. Cities with accountable,
trusted police departments are safer and more prosperous. Young people
and businesses choose communities where everyone is treated fairly.

I will build a Louisville Police Department that is
effective, constitutional, and accountable to the community it
serves.

SOURCES

• Louisville
  DOJ Consent Decree Announcement
• DOJ
  Louisville Investigation Findings
• NACOLE Subpoena
  Power Best Practices
• Council
  on Criminal Justice – Civilian Oversight Evidence
• DOJ
  Family Justice Center Best Practices