Stonewalled: Police Abuse and Misconduct Against Lesbian, Gay and Transgender People in the U.S.

Training and Accountability

"In order for police to be effective, they need to understand that we're part of the community, not just policing the community."

- AI interview, Richard Odenthal, former Captain of West Hollywood Division LASD,
Public Safety Manager, City of West Hollywood

Training:

69 percent (20 out of 29) police departments responding to AI's survey reported that they provide training on issues relating to LGBT individuals or communities. 28 percent (eight out of 29) of police departments responding to AI's survey reported that they do not have any training on LGBT issues. In the four cities studied in greater detail, police departments reported providing the following LGBT-specific training:

	Searches of Transgender Individuals	LGBT Domestic Violence	LGBT Hate Crimes	Sexual Assault of LGBT
Chicago	As Needed	As Needed	As Needed	As Needed
Los Angeles	Yes	Yes⁷	Yes	No
New York⁸	Information not available	Yes	Information not available	Information not available
San Antonio	No	Yes	Yes	No

Reports to AI indicate that when training on LGBT issues does take place it is frequently not provided in a systematic, ongoing manner, but is limited to a session provided for new recruits at the police academy. Advocates have expressed concerns that trainings conducted without any input from community members do not properly convey the needs and rights of the groups in question. Some police departments rely heavily or sometimes exclusively on unpaid LGBT organizations to provide training without any input or support from law enforcement trainers. Other police departments ask officers who happen to be lesbian or gay to conduct trainings although they may not be professional trainers. It is of concern that officers who have been on the force for longer periods may not have received any LGBT training, as few departments offer any systematized in-service LGBT training.

Recruitment and Diversity on the Force: Anecdotal evidence suggests there are relatively few LGBT officers who are in a position to be open about their sexual orientation or gender identity, although LGBT police officer associations exist in some larger cities. However, AI is only aware of a fairly small number of LGBT officers who serve on police forces in the U.S. According to AI's survey, only 14% of police departments report having an affirmative action hiring practice for LGBT individuals.

Community Accountability: Some U.S. police departments have appointed officers to be LGBT liaisons, serving as a link between LGBT communities and the police. Only 38 percent of responding police departments told AI they have an LGBT liaison officer.

Accountability for Police Misconduct and Abuse: Reports indicate that officers are seldom held accountable even for serious abuses. Public trust in police internal oversight is further undermined by the lack of transparency and delays in investigations.

Complaint systems: AI is concerned at reports in New York, San Antonio, Los Angeles, Chicago, Washington, D.C., Houston and San Francisco that suggest many people do not come forward with complaints about police officer abuse and misconduct, particularly LGBT people of color, LGBT homeless individuals, immigrants or youth. AI has received a number of reports from LGBT individuals who faced hostility, ridicule or attempts to dissuade them from making complaints at police stations. AI is particularly concerned about reports of retaliation against people who have come forward with complaints against police officers.

Internal Accountability Measures

AI's survey results indicate that internal affairs departments do not train their staff specifically on LGBT issues: only 45 percent of responding internal affairs departments told AI that they train their staff on LGBT issues, and of these only two have mandatory training.
Reports to AI indicate that Internal Affairs investigators are more likely to believe an officer's testimony when a complaint has been made by members of marginalized groups, such as sex workers or homeless individuals.
Reportedly, only a relatively small number of complaints overall are sustained.
In the event that a complaint is sustained against an officer, disciplinary measures may often seem lenient compared to the alleged conduct. Even for serious abuses, reports indicate that a low number of officers are suspended or fired. The lack of transparent and consistent guidelines for disciplinary measures has been cited by monitors and organizations as a factor contributing to a lack of consistency.
34% of police departments report that data on complaints against individual officers is made publicly available.

Independent and External Civilian Oversight

While the majority of respondents told AI they have some kind of external review process, 24 percent of responding departments report that they do not. In general, survey responses from external oversight bodies indicated a lack of focus on and expertise in LGBT issues, raising concerns about the ability of external review boards to respond to and adequately investigate complaints made by this population. Only:

11% of Civilian Complaint Review Boards report having a policy on how to handle complaints filed by LGBT individuals;
22% report having a LGBT liaison;
11% report offering training for staff on LGBT issues;
33% report that they have a practice to recruit LGBT individuals.

Prosecutions and Lawsuits

In the U.S., very few criminal cases involving excessive use of force or discriminatory practices are brought against individual police officers. Even successful prosecutions have usually only been able to prove the guilt of individual officers, rather than systemic failings.
Individuals may also bring civil claims against individual law enforcement officers and, under some circumstances, municipalities, for monetary compensation. While civil lawsuits may provide financial compensation, they are unlikely to be filed by the most marginalized individuals in a community and rarely serve to hold either police departments or individual officers accountable.
Furthermore, the Justice Department has the authority to bring civil actions in federal courts against police departments accused of engaging in a "pattern or practice" of abuses. As of July 2005, pattern or practice investigations of 14 agencies were ongoing. This is an important remedy, which has led to a significant reform program being drawn up in police departments, in most cases formulated as Consent Decrees. Unfortunately, the Justice Department does not have the resources to investigate more than a small proportion of problem agencies.

⁷While the LAPD reported in its response to AI's survey that training on domestic violence issues covers issues posed by domestic violence between same-sex couples, LAPD officials clarified that such training is limited to determining which party is the primary or dominant aggressor in any relationship, and does not focus on LGBT-specific scenarios, trends or factors. AI interview with Captain Downing, Hollywood-Wilcox Division, LAPD, 26 January 2003.

⁸NYPD failed to complete the survey sent to them by AI. Any answers that are entered were from official answers to questions in interviews with AI researchers.