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Mayor Cooper reaffirms MNPD chokehold ban; officers must intervene if they witness excessive force

Posted at 10:18 AM, Jun 15, 2020
and last updated 2020-06-15 21:58:27-04

NASHVILLE, Tenn. (WTVF) — Mayor John Cooper has reaffirmed Metro Police Department's ban on chokeholds and worked with the department to clarify policy in response to the My Brother's Keeper pledge.

Last week, the mayor said he has accepted a challenge put forth by former President Barack Obama asking mayors across the country to review police department’s use of force policies.

Chokeholds have been prohibited under Tennessee state law for most circumstances. MNPD said because officers are not trained on the technique, chokeholds have not been allowed per policy for decades.

The police department said it now has strengthened this policy by explicitly prohibiting the use of chokeholds.

"Today we take the important step of MNPD clarifying and strengthening its prohibition on chokeholds and its duty to intervene policies," said Mayor Cooper. "These actions are important for our city, and they are two clear next steps. As part of the My Brother’s Keeper pledge, we will engage the community and assemble a committee to review all use of force protocols and policies."

Metro police also will now have clearer instructions on their duty to intervene in scenarios where excessive force is potentially being used. Officers are obligated to step in if they observe any MNPD member engaged in an improper or unlawful act, including violations of department policies.

Outside the steps to the capitol building we found Jay Terry who says the announcement nearly brought her to tears.
For the past three days, she along with several other protestors have slept at the adjacent plaza, calling for their demands to be met.

The first of which was for the state to remove the statue of Confederate general Nathan Bedford Forrest. While the second request is to have an audience with Governor Bill Lee to address various concerns with police reform.

Although Terry says she understands that many of these policies have already been long established in MNPD, she says the clarity is a much appreciated step in the right direction.

"Now that they have it on paper that if you see something you have to say something, police officers who are good and who do harbor positivity in their hearts, don't have to be afraid to stand up and do what's right," said Terry.

Terry says she's also calling for the defunding of local police, but not to abolish them completely. Instead her solution is one that's been shared by various groups in the past week who say you can use the money for other areas like mental health resources and homelessness.

Terry says she will keep close attention to how the city plans to make good on their commitment. All the while, she has no intentions on leaving the plaza unless one or both of her demands are met.

The police department said it has compared the principles of the #8cantwait movement with its own policy.

The movement's goal is to enact eight policies to reduce police violence across the country. MNPD responded to each of these policies with the following. These policies include:

  • Ban chokeholds and strangleholds
  • Require de-escalation
    • "When the use of force is needed, if feasible, authorized employees will identify themselves and determine which options in the force continuum will best de-escalate the situation in the most safe, reasonable and prudent manner possible."
  • Require warning before shooting
    • "Where feasible, the employee has identified himself/herself as a police employee and given warning such as, 'STOP-POLICE-I'LL SHOOT,' that deadly force is about to be used unless flight ceases."
  • Requires exhaust all alternatives before shooting
    • "MNPD policy emphasizes the use of de-escalation techniques and trains officers to utilize measures available in order to peacefully resolve situations when possible. The discharge of a firearm is considered deadly force and in order to utilize deadly force, officers must have a reasonable belief the action is immediately necessary to prevent imminent death or serious bodily injury of a human being, including the employee."
  • Duty to intervene
    • "Policy mandates that employees report and intercede in situations where they become aware of other employees engaged in unlawful acts or those that otherwise violate department policy."
  • Ban shooting at moving vehicles
    • "Employees shall not discharge their firearm at or from a moving vehicle unless absolutely necessary to protect the life of the employee or others."
  • Require use of force continuum
    • "Broad categories of force, in identifiable escalating/de-escalating stages of intensity, in response to a subject's action."
  • Require comprehensive reporting
    • "MNPD policy manual mandates and creates a comprehensive process for reporting force, or threatening force, force investigation and numerous levels of review."

"Our police department embraces the principles put forward in #8cantwait, as reflected in a policy comparison we completed late last week," said Chief Steve Anderson. "We will continue to review, improve and strengthen the policies that guide our officers."

The MNPD manual can be found online by clicking here.