Number
251799
Version
SUBSTITUTE 2
Reference
Sponsor
ALD. BROWER, DIMITRIJEVIC, ZAMARRIPA, PEREZ, MOORE, BAUMAN, BURGELIS AND TAYLOR
Title
A substitute motion modifying Milwaukee Police Department Standard Operating Procedures regarding the duty to intervene and report unreasonable uses of force.
Analysis
This motion modifies Milwaukee Police Department Standard Operation Procedure (SOP) 460 - Use of Force. The existing SOP assigns a duty to intervene in situations where a department member personally observes another officer using force that is noncompliant with State law or which is beyond that which is objectively reasonable under the circumstances. This motion clarifies that the term “another officer” as used in section 460.30 of SOP 460 includes “law enforcement officer” and “federal law enforcement officer” as defined under state law.
Body
Whereas, There are credible reports that federal law enforcement members are physically assaulting members of the public while they are exercising their constitutionally protected rights to speak and assemble, without probable cause that the victims were engaged in any illegal activity; and
Whereas, A 2025 report from the State Democracy Research Initiative of the University of Wisconsin Law School highlights that, while Supremacy Clause immunity sometimes protects federal actors from state prosecution, it does not extend to conduct that federal law does not authorize or that is not necessary or proper to fulfilling lawful federal duties; and
Whereas, Milwaukee Police Department Standard Operating Procedure 460 - Use of Force currently requires that department members reasonably attempt to intervene if they personally observe another officer using force which the observing officer believes or knows to be beyond that which is objectively reasonable under the circumstances, and the observing officer is in a position to intervene and can do so without jeopardizing safety; and
Whereas, A modification...
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