DOJ says Trenton police violate civil rights, engage in unconstitutional conduct

In a report released Thursday, Nov. 21, 2024, officials with the Federal Department of Justice have found that the Trenton Police Department and the City of Trenton, New Jersey "engage in a pattern or practice of conduct that violates the Fourth Amendment of the U.S. Constitution."

The U.S. Department of Justice announced that it was investigating the Trenton Police Department last year, due to "use of force and its stops, searches and arrests."

The report also includes recommendations for how these issues can be addressed and, officials with the city and the police force have stated that they will work with the department to implement them, federal officials said.

“Police officers must respect people’s civil and constitutional rights and treat people with dignity,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division in a statement on the report. “After an extensive review, we found that police officers in Trenton routinely failed to respect the Fourth Amendment rights of those who call Trenton home. Trenton police stop and search pedestrians and motorists without a legal basis, make illegal arrests and use excessive force without basis."

Specifically, the Justice Department report claims that federal officials found that police officers in Trenton, NJ, unlawfully uses excessive force, including unreasonable forms of physical force and pepper spray in the absence of any significant resistance or danger.

Along with noting that the police force regularly stops, searches and arrests people without reasonable suspicion or probable cause, the report identified, what officials called "deficiencies in training, supervision, policy and accountability that contribute to [the Trenton Police Department] and the city’s unlawful conduct."' and the city’s unlawful conduct."

In detailing examples of, what the report called "a pattern or practice of using excessive force," federal officials claim Trenton's police officers often escalated encounters when facing little resistance or threat.

In one incident that officials pointed to, that happened in 2023, after initially using reasonable force to arrest a man, an officer stomped on the man’s hand multiple times once he was on the ground, then kneeled on his head and kicked him in the shoulder.

Also, the report noted, since 2021, accusations of officer misconduct has cost the city more than $7 million to resolve lawsuits.

"We are committed to the hard work necessary to achieve constitutional policing across the country," said Clarke. "By bringing city officials, the police department and the community together, we are confident that we can institute meaningful reforms that remedy the violations uncovered.”

U.S. Attorney Philip R. Sellinger for the District of New Jersey said that he is looking forward to working with the city and the Trenton Police Department in an effort to implement reforms.

“The people of Trenton deserve nothing less than fair and constitutional policing,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “When police stop someone in Trenton, our investigation found that all too often they violated the constitutional rights of those they stopped, sometimes with tragic consequences. The report released today identifies the challenges Trenton faces in reforming its department, but we look forward to the cooperation of the city and police department in bringing needed reforms that will protect the civil rights and enhance the safety of Trenton residents while also strengthening public trust.”

Also, in a statement released Thursday, Trenton Mayor W. Reed Gusciora said that he worked to ensure that the city's government cooperated with the U.S. Department of Justice and that he plans to continue that cooperative effort to implement recommendations made in the report.

"All residents of the City of Trenton, and the thousands of people who come here to work and visit on a daily basis, want and deserve a police department which keeps them safe while upholding the rights afforded by the U.S. Constitution," Gusciora said in a statement. "Even prior to the USDOJ review, the City and the [Trenton Police Department] had already begun to change policies and practices that prioritize community safety, accountability, and respect for civil liberties. One of the most important changes is the formation of the Internal Affairs Bureau which consists of the internal affairs, professional standards, human resources, and training units. The City will continue to work cooperatively with the USDOJ, our state partners at the Department of Law and Public Safety and the Department of Community Affairs, local community organizations, and residents to implement the recommendations highlighted in the Report as quickly as possible."

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