Newark Tries To Bring Battle Over Policing To US Supreme Court

NEWARK, NJ — Newark is trying to bring a bitter battle over its Civilian Complaint Review Board to the U.S. Supreme Court, city officials announced Friday.

Newark’s Civilian Complaint Review Board (CCRB) is charged with investigating alleged police abuse in the city. It was created in 2016 as part of a landmark consent decree between the U.S Justice Department and the city.

After the CCRB launched, some civil rights advocates hailed it as one of the "most robust civilian oversight bodies in the country." But Newark's police unions immediately challenged the CCRB's authority, igniting a long-running legal battle between the city and the Fraternal Order of Police, Newark Lodge No. 12.

In August 2020, the New Jersey Supreme Court upheld some of the board's powers but put the kibosh on others, modifying an earlier judgment from the Appellate Division.

• See related article: NJ Supreme Court Limits Newark's Power To Probe Police Abuse

Now, the debate over policing in Newark may be once again headed to a federal battleground, city officials say.

The city filed a writ of certiorari with the U.S. Supreme Court on Jan. 19, petitioning the court to review last summer’s decision from the New Jersey State Supreme Court.

“During every step of this journey, I promised we will fight to win this case until all judicial and legislative options are exhausted,” Mayor Ras Baraka said.

“In the long, tortured history of police brutality against Black Americans, we have learned the only possible guarantee of full police transparency and accountability lies in the hands of the people they are sworn to protect,” Baraka said.

“We must have muscular CCRBs with real power to investigate, hear testimony and review Internal Affairs documents to assure equal justice under the law,” Baraka added. “After the events of last year, including the wanton deaths of George Floyd and Breonna Taylor, we must have CCRBs with the legal authority to probe criminal police acts.”

• See related article: Activists Rally Outside Newark Police Union Headquarters

According to a statement from Baraka’s office, the city is arguing that the ruling failed to uphold the Equal Protection Clause of the 14th Amendment of the U.S. Constitution, which reads:

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

“This is simply about equal treatment and equal protection under the law,” said Kenyatta Stewart, Newark’s corporation counsel.

“We have appealed to the U.S. Supreme Court because this is about federal law and rights guaranteed by the United States Constitution,” Stewart said.

• See related article: Newark's Fight Against Police Abuse Could Empower Other NJ Cities

In recent years, police officers in Newark have been undergoing training that aims to remedy past problems and "de-escalate" potentially deadly situations. It's been working, top public safety officials say – no local cop fired a shot in 2020.

"Our officers have embraced de-escalation training and are actively employing this resource when engaging with the community," Public Safety Director Anthony Ambrose said.

Earlier this month, the U.S. Attorney's Office for the District of New Jersey commended the Newark Police Department, which saw a 30 percent drop in the number of shooting victims citywide between 2017 and 2018. In 2019, the number of shooting victims and shooting incidents declined another 39 percent, with the number of murders reaching its lowest level in nearly six decades.

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