Lexipol: Facing Scrutiny?
September 1, 2020
Should a private company be writing policies for police departments? Increasingly that is the case and, many say, is a major reason it is so difficult to hold police accountable for using excessive force. Mother Jones invites us to “Meet the Company that Writes the Policies that Protect Cops.” Founded in 2003, Lexipol’s focus is unabashedly on crafting policies that protect officers and departments against lawsuits. Much hinges on definitions of words one would think should be straightforward, like “necessary” and “imminent.” In fact, company co-founder (and former cop) Bruce Praet seems especially proud of the slippery language that gives police “flexibility.”
When pressed, Lexipol insists it bases its policies on federal and state standards, laws, court rulings, and “best practices.” However, reporter Madison Pauly writes:
“Some of the company’s policies … depart in significant ways from recommendations by mainstream policing organizations. The National Consensus Policy on Use of Force, a collaboration between 11 major law enforcement groups, requires cops to try de-escalation techniques before using force if possible. Lexipol discourages police departments from requiring them. Lexipol’s policy allows officers to shoot at moving vehicles in some circumstances, a practice that the Police Executive Research Forum recommends against because it may injure or kill civilians and officers. The ACLU has contested Lexipol’s rules for handling immigration violations, which in some states include a provision allowing cops to consider ‘a lack of English proficiency’ when deciding whether someone may have entered the country illegally. Despite these challenges, the company has marketed its policies as a way to decrease cities’ liability in police misconduct lawsuits. In its communications with potential clients, Lexipol has claimed that agencies that use its policies are sued less frequently and pay out smaller settlements, according to a Texas Law Review analysis of public records. The company’s critics argue that it accomplishes this with vague or permissive rules that meet bare-minimum legal requirements rather than holding officers to a higher standard.”
According to the company, Lexipol has vended its policies, training, customizable handbooks, or other services to more than 8 thousand public safety agencies, including several large cities. These include corrections, fire, and EMS agencies alongside police departments. In California, it is estimated that about 95 percent of law enforcement are using Lexipol policies. See the article for examples where, we’re told, these policies have stood in the way of justice. As with the crafting of state legislation, we suspect many citizens are unaware how much influence these public agencies have handed over to a third party.
Cynthia Murrell, September 1, 2020
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