In the days after white Minneapolis police officer Derek Chauvin was filmed pressing his knee into the neck of a black man named George Floyd — killing him and sparking nationwide protests — multiple media outlets reported Chauvin had received 18 use-of-force or misconduct complaints over his 19-year career in law enforcement.
The information fueled public fury over police accountability and helped pave the way for a second-degree murder charge against Chauvin, who was fired within 24 hours of the May 25 killing.
But in many states, such a quick release of his personnel file wouldn't have been possible. Public records laws in 18 states exempt officer disciplinary reports and misconduct allegations from disclosure requirements, and another 18 states allow only limited access to that information.
Ed Hutchison, president of the National Police Association, said the organization supports laws that provide records after "a judge has had the opportunity to hear the concerns of the officer and has determined the information is material to the requester."
But he said too much disclosure — especially of complaints that have not been investigated or were found to be false — could incite attacks by "violent opportunists or domestic violent extremists."
"As long as law enforcement remains unique in being the only employment which results in employees being targeted for shootings, stabbings, and being run over with cars simply because of the uniform, states have a unique duty to mitigate targeting of law enforcement officers to the best of their abilities," Hutchison said in a statement to Law360.
But he said too much disclosure — especially of complaints that have not been investigated or were found to be false — could incite attacks by "violent opportunists or domestic violent extremists."
"As long as law enforcement remains unique in being the only employment which results in employees being targeted for shootings, stabbings, and being run over with cars simply because of the uniform, states have a unique duty to mitigate targeting of law enforcement officers to the best of their abilities," Hutchison said in a statement to Law360.
