Competing Case Studies of Structural Reform Litigation in American Police Departments

In 1994, Congress passed 42 U.S.C. § 14141, which gives the U.S. Attorney General the authority to initiate structural reform litigation against police departments engaged in a pattern or practice of unconstitutional misconduct. Since then, the U.S. Department of Justice (DOJ) has investigated and reformed dozens of police departments across the country. This essay tells the story of two agencies: the Los Angeles Police Department (LAPD) and the Alamance County Sheriff’s Department (ACSD). The LAPD story shows how the Department of Justice can use structural reform litigation to facilitate meaningful change in a large American police department. By contrast, the ACSD demonstrates the limitations of federal intervention via § 14141. This essay uses these LAPD and ACSD examples to theorize on the benefits and limitations of structural reform litigation as a regulatory tool.