Police officers are in place to help citizens in the community. They are supposed to arrest criminals and keep the peace. And while many do, a large number of law enforcement officials
engage in questionable activities. Many abuse their power; they take advantage of their power and arrest innocent people. Some police officers use excessive and unreasonable force, which is illegal.
his is something that is not commonly talked about. When these questionable activities happen, they are often swept under the rug to be forgotten forever.
The City of Miami Civilian Investigative Panel (CIP) knows this and has been investigating the Miami Police Department for 22 years. The panel’s job has been to investigate allegations of misconduct and excessive force by the officers, as well as review the department’s policies to find areas for improvement.
This may not be happening anymore. The City of Miami has opted to dissolve the CIP after they misinterpreted a state law that prohibits local governments from maintaining independent bodies to investigate law enforcement. The city did not have to dissolve the CIP. The CIP’s executive director offered an option to make changes to the CIP’s mandate. The bylaws could have been rewritten to remove the panel’s investigative powers and comply with the state law. However, the City of Miami elected to defund the panel instead. Miami officials announced a plan in August to cease funding the CIP.
According to the CIP, taking the city to court was the next logical step. The CIP has asked a Miami-Dade Circuit judge to issue an injunction that would force the city to continue funding the panel for at least the next fiscal year. This would allow the CIP to remain active until the parties resolve this issue in court.
The CIP states that the panel has put together multiple different arguments that they feel the court will agree with so that it can continue to work into the future. The CIP’s budget for the past two years has been between $1.1 million and $1.4 million. The budget of the Miami Police Department for 2024, for comparison, was about $345 million, but the proposed budget for 2025 increased it to $378 million.
In its legal complaint, the panel asserts that the city misinterpreted the Florida House Bill 601. The panel states that the law does not provide for the complete eradication of the CIP, but the City also cannot unilaterally dissolve the CIP.
The CIP was formed in 2001 after it was voted in favor of more independent oversight of police. This came after there were multiple allegations of police misconduct and excessive force. The panel is asking the court to declare the city’s interpretation of the law incorrect and to require the City of Miami to continue funding the panel.
Excessive Force by Police
Excessive force is defined as force that is disproportionate to the threat posed or the level of resistance from an individual. It exceeds what a reasonable law enforcement officer would consider necessary in similar circumstances.
It is often caused by:
- Lack of training. Insufficient training in de-escalation techniques or non-lethal methods can lead to excessive force.
- Bias and prejudice, Racial profiling, or implicit biases may influence officer behavior.
- High-stress situations. Officers working in high-crime areas or dangerous situations may overreact under stress.
- Lack of accountability. In some cases, weak oversight and limited accountability mechanisms contribute to repeated use of excessive force.
The consequences of excessive force include:
- Physical harm or death. Individuals can suffer severe injuries or be killed during police encounters involving excessive force.
- Legal and financial. Police departments face lawsuits, settlements, and legal actions, which can lead to large financial payouts.
- Public trust. Excessive force erodes public confidence in law enforcement, especially in marginalized communities.
- Protests. High-profile incidents can lead to widespread protests and social movements.
Community policing and programs are often created to investigate cases of police brutality and excessive force. However, police departments are not in favor of these tactics, which is probably why they decided to shut down and defund the CIP.
Contact Us Today
Police departments need to be investigated. Law enforcement officials often take advantage of their power. They may use excessive force on citizens, causing serious injuries and even death. That’s why these panels are in place.
Have you or a loved one been seriously injured by a police officer’s actions or inactions? The team at Brill & Rinaldi, The Law Firm, is experienced in these types of cases and can help you get compensation for your injuries and other damages. Schedule a consultation today by calling (954) 876-4344 or filling out the online form. We have offices in Weston, Coral Gables, and Daytona Beach.