Cincinnati Police Reform: An $8.1M History Lesson
By Darius Spearman (africanelements)
Support African Elements at patreon.com/africanelements and hear recent news in a single playlist. Additionally, you can gain early access to ad-free video content.
Cincinnati has agreed to an $8.1 million settlement for hundreds arrested during the 2020 racial justice protests (loevy.com). This decision is more than a headline; it is a chapter in a long, painful book about the city’s relationship with its Black community and its police force. The payment to 479 plaintiffs resolves claims that police met largely peaceful demonstrations with tear gas and mass arrests after the murder of George Floyd (loevy.com). Organized efforts like these, often described as Black-led movements, aim to combat systemic racism and advocate for justice for Black communities (ebsco.com). The settlement also mandates changes to police policy, forcing a conversation that echoes through decades of Cincinnati’s history.
To understand this multi-million dollar payout, one must look back nearly two decades before the 2020 protests. The city’s history with police reform is not new. In fact, Cincinnati’s past provides a crucial map for understanding its present. This story is about a city continuously grappling with cycles of protest, reform, and the persistent demand for accountability. The settlement represents a significant financial consequence, highlighting a national trend where cities are being held responsible for police conduct during demonstrations (theguardian.com). It brings into focus the deep roots of racial tension and the ongoing struggle to redefine policing in America.
A City’s Scar: The 2001 Unrest and Police Reform
The seeds of Cincinnati’s modern police reform were sown in fire and frustration. In April 2001, the fatal police shooting of Timothy Thomas, an unarmed 19-year-old Black man wanted for non-violent misdemeanors, ignited four nights of civil unrest ((wikipedia.org), (blackpast.org)). The events were described as the largest urban disturbance in the nation since the 1992 Los Angeles riots, causing an estimated $3.6 million in property damage (wikipedia.org). The city saw over 800 arrests, mostly for curfew violations, laying bare the profound mistrust between the police and the Black community.
In the aftermath, the city was forced into a period of deep introspection and structural change. The U.S. Department of Justice initiated an investigation, which led to a Memorandum of Agreement (MOA) in 2002 (cincinnati-oh.gov). An MOA is a formal, often voluntary, agreement between parties to implement specific reforms, typically with less court oversight than other legal tools (leknowledgelab.org). This MOA, combined with a separate private lawsuit, created the “Collaborative Agreement,” a landmark consent decree (cincinnati-oh.gov). A consent decree is a powerful, court-ordered settlement that legally mandates specific reforms and is monitored by a federal court to ensure compliance (governing.com). Consequently, this agreement aimed to overhaul the police department by revising use-of-force policies and improving accountability.
The Promise and Pitfalls of Early Police Reform
A key creation of the Collaborative Agreement was the Citizen Complaint Authority (CCA), an independent body formed in 2002 to investigate misconduct allegations against police (cincinnati-oh.gov). The CCA was designed to be a bridge of trust, giving citizens a formal path to voice grievances. The agency investigates complaints and makes disciplinary recommendations based on its findings (cincinnati-oh.gov). However, the ultimate authority to impose discipline often remains with the Chief of Police, a structure that can limit the true power and independence of such oversight bodies (cincinnati-oh.gov).
Despite these significant reforms, deep-seated problems remained. Data showed that the promises of the Collaborative Agreement did not fully translate into equitable policing on the streets. Resistance to reform from within police departments, along with oversight bodies lacking strong enforcement powers, can allow disparities to persist (cincinnati-oh.gov). In Cincinnati, the numbers told a troubling story. By 2019, Black individuals, who made up 43% of the city’s population, were subjected to 75% of police use-of-force incidents (policescorecard.org). This persistent inequality set the stage for the explosive community response in 2020. Therefore, the old wounds from 2001 had clearly not healed.
Cincinnati Police Use of Force Disparity (2019)
Share of Black residents compared with their share of use-of-force cases
In 2019, Black residents were 43% of the population yet 75% of police use-of-force cases in Cincinnati. Source: policescorecard.org
2020 Unrest: George Floyd and Cincinnati’s Response
The murder of George Floyd on May 25, 2020, was a national flashpoint that reignited calls for police accountability across the country. A 46-year-old Black man, Floyd died after a white Minneapolis police officer knelt on his neck for over nine minutes, an event that became a global symbol of systemic racism and police brutality ((youtube.com), (youtube.com)). Protests erupted nationwide, reaching Cincinnati on May 29, 2020 (citybeat.com). Hundreds gathered peacefully to express their outrage and demand justice. These racial justice movements are organized efforts that seek to dismantle discriminatory systems and achieve equity for Black communities (oxfordaasc.com).
As demonstrations continued, some instances of vandalism occurred, and the Cincinnati Police Department (CPD) responded with pepper spray and pepper bombs (citybeat.com). Mayor John Cranley then imposed a citywide curfew. Over several days, police arrested more than 500 protesters (wvxu.org). Many were charged with “misconduct at an emergency,” a misdemeanor applied to individuals who interfere with emergency operations or defy lawful orders during a declared emergency (wikipedia.org). Protesters reported being held for hours in poor conditions without access to water or restrooms, intensifying claims of an excessive and punitive police response (wvxu.org).
The Curfew, The Courts, and Constitutional Rights
The city’s legal strategy soon faced a significant challenge. In 2020, a Hamilton County judge dismissed dozens of cases against protesters, ruling that Mayor Cranley’s curfew order was “unconstitutionally vague” (wvxu.org). A law is considered unconstitutionally vague if an ordinary person cannot reasonably understand what conduct it prohibits, or if it gives law enforcement too much discretion in its application (wikipedia.org). Such vagueness violates the Due Process Clause and can infringe upon fundamental First Amendment rights, which guarantee freedoms of speech and peaceful assembly ((wikipedia.org), (mic.com)).
This ruling was a major victory for the protesters and their advocates. It affirmed their argument that the curfew was not a precise tool for maintaining public order but a broad net that swept up peaceful demonstrators exercising their constitutional right to protest (mic.com). The decision underscored a key tension in policing protests: the balance between ensuring public safety and protecting the foundational rights that allow citizens to assemble and demand change from their government. Ultimately, the court found that the city’s order failed to provide the clear, fair notice required by the Constitution.
U.S. Protest Settlements (2020)
Cincinnati’s settlement is part of over $80 million paid by at least 19 U.S. cities for police conduct during 2020 protests (theguardian.com).
Investigating the Response: The CCA’s Findings
Following the protests, the Citizen Complaint Authority launched its own investigation, examining 37 complaints related to police conduct (cincinnati-oh.gov). The CCA’s final report, released in January 2023, found merit in 14 of 54 specific allegations (cincinnati-oh.gov). These included one confirmed case of excessive force, where an officer used a Taser on a protester who was already on the ground. When the CCA substantiates a complaint, it typically recommends disciplinary action, which can range from retraining to termination, though the final decision rests with the department (youtube.com).
The report also exposed a critical accountability failure: a lack of body camera footage from “specialized units” involved in the protests (cincinnati-oh.gov). These units, such as SWAT or tactical response teams, often handle high-risk operations and operate outside of general patrol duties (youtube.com). The absence of footage hindered investigations and raised serious questions about transparency, as these are often the units most likely to engage in forceful actions (youtube.com). Furthermore, the CCA strongly recommended that the CPD limit the use of mass arrests for non-violent offenses, urging the department to codify this practice in its official policies (cincinnati-oh.gov).
An $8.1M Reckoning: The Price of Police Misconduct
The financial culmination of these events is the $8.14 million settlement agreed upon by the city, Hamilton County, and the 479 plaintiffs ((loevy.com), (apnews.com)). Cincinnati will pay the vast majority, $8,078,000, which includes over $2 million in attorney fees, while the county will contribute $65,000 (loevy.com). The agreement provides monetary compensation and also mandates crucial policy changes. These reforms include creating a clear guidebook for managing protests, standardizing dispersal orders to give people reasonable time to leave, and updating mass arrest procedures (loevy.com).
The settlement was not without opposition. The Cincinnati Police Union voiced strong criticism, arguing that officers were simply following orders to protect the city (cbsnews.com). Police unions serve as powerful collective bargaining agents for officers, and their influence often extends to policy matters, where they can lobby against reforms or defend members during disciplinary processes ((youtube.com), (religionnews.com)). However, the union’s position was contrary to the court’s earlier ruling that the city’s curfew was unconstitutional, validating the protesters’ claims of unlawful arrest (wvxu.org).
Breakdown of the $8.14M Settlement
The City of Cincinnati’s payment of $8,078,000 covers both plaintiff compensation and more than $2 million in legal fees (loevy.com).
Looking Ahead: Sustaining Police Reform in Cincinnati
This settlement forces Cincinnati to once again confront the challenge of creating lasting police reform. While the mandated policy changes are a direct result of the 2020 protests, their long-term success depends on genuine implementation and sustained oversight. Long-term mechanisms for change require more than new rules; they demand a cultural shift within the police department (thecincinnatiherald.com). This involves embedding reform principles into training, establishing clear metrics for success, and ensuring independent oversight bodies have the power to enforce accountability (thecincinnatiherald.com).
Cincinnati’s journey is a reflection of a national struggle. The city’s history, from the 2001 riots and the Collaborative Agreement to the 2020 protests and this $8.1 million settlement, provides a powerful case study. It shows that reform is not a single event but a continuous process. Sustained community engagement is vital to ensure that policy changes remain responsive to the needs of the people they are meant to protect (thecincinnatiherald.com). Ultimately, the headlines about this settlement will fade, but the community’s demand for justice and equitable policing will, and must, continue.
About the Author
Darius Spearman is a professor of Black Studies at San Diego City College, where he has been teaching for over 20 years. He is the founder of African Elements, a media platform dedicated to providing educational resources on the history and culture of the African diaspora. Through his work, Spearman aims to empower and educate by bringing historical context to contemporary issues affecting the Black community.
