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Milwaukee Police Association files lawsuit after FPC approves new body camera policy

The Milwaukee Police Department will be required to release video footage to the public within 15 days of an officer-involved death or other critical incidents.
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Posted at 1:34 PM, Apr 21, 2023
and last updated 2023-04-21 23:15:27-04

MILWAUKEE — The Milwaukee Police Association (MPA) has filed a lawsuit against the city after the Fire and Police Commission (FPC) approved a policy that dramatically speeds up the release of police body camera video.

Under the new policy, the Milwaukee Police Department will be required to release video footage to the public within 15 days of an officer-involved death or other critical incidents.

The approved plan also allows the next of kin of people killed by police the opportunity to view the video within 48 hours of the critical incident. There are some exceptions, including if the next of kin was a witness to or involved in the incident.

Pressure from a number of activist groups and community outrage following officer-involved shootings and the death of people in police custody had put pressure on the Commission to establish a policy.

The new policy, approved Thursday night, is scheduled to go into effect on May 1.

Related: Milwaukee Fire and Police Commission approves policy requiring earlier release of body camera footage

On Friday morning the police association filed a lawsuit claiming the FPC "concedes to activists rather than listen to experts."

The police association called the new policy "reckless" and claimed the FPC failed to hear the concerns of law enforcement professionals.

According to a news release from the police association, Chief Deputy District Attorney Kent Lovern, Police Chief Jeffrey Norman, and FPC Director Leon Todd all expressed concerns prior to the approval of the new policy.

"The FPC has not considered the irreparable harm that will come to a police officer, in the absence of a fair and unpressured investigation, free from being judged in the court of public opinion," the release from MPA says.

The release goes on to say, "They failed to consider in almost all of these situations the Police Officer is the victim and is guaranteed privacy protections under Marsy's Law."

Not only does the MPA think the FPC failed to listen to law enforcement, but it claims the FPC is breaking its own rules by issuing MPD Standard Operating Procedures for the department.

"Their role is an oversight committee, not a governing body of the police," the news release says.

Andrew Wagner, the President of the Milwaukee Police Association, previously spoke to TMJ4 News about his concerns.

He said, "A 48-hour window to show families doesn't respect the rights of the officers. The officers, under Marsy's Law, also have to be considered in this...There's no restriction that the family can't talk about that video to the media or anyone else after that policy so they can put out whatever narrative they want. And a release within 15 days doesn't allow the investigation time to work."

Because of Thursday night's voting results, the MPA said it "had no choice but to file for a temporary injunction with the Milwaukee County Circuit Court to stop this illegal and dangerous action."

Following the decision and MPA's lawsuit, the Milwaukee Police Department issued a statement of its own saying, "The Milwaukee Police Department (MPD) proactively implemented community briefings in the spirit of public transparency. The Milwaukee Police Department respects the Fire and Police Commission's oversight authority and will adhere to the policy enacted. MPD remains committed to transparency and building positive relationships with the community that we serve."


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