Austin police misconduct costs exceeded $73M over past decade, report finds

Kroll's review wrapped up as dozens more lawsuits involving Austin police are still in progress and with continuing payouts to those injured by police amid the May 2020 protests downtown. City Council has approved almost $3 million more in settlements to protestors since Kroll's report was compiled; the latest was finalized in July.

The breakdown

Kroll’s review accounted for 112 police misconduct lawsuits filed against Austin and individual police officers from 2013 to 2022.

Almost one-third of those cases ended in settlements that each cost the city between $3,000 to $8 million, Kroll found. Altogether, the past decade’s worth of settlements totaled $26.13 million alongside court verdicts totaling $9.33 million—figures analysts said will “almost certainly” increase in the near future as more cases are resolved.

The bulk of settlements identified by Kroll stemmed from the 2020 demonstrations following George Floyd’s murder in Minneapolis and the killing of Michael Ramos in Austin weeks earlier.

Costs could have been significantly higher based on an initial jury verdict that would have seen $67 million paid to the family of Landon Nobles, who police shot and killed in 2017. However, that verdict was later cut to $8.3 million and eventually resulted in a $3.3 million payout approved by council earlier this year.

Additionally, Kroll tracked how much it costs Austin to handle the misconduct litigation. The internal city resources used to defend against such claims as well as fees paid to outside legal consultants was estimated “conservatively” at about $37.52 million.

Information on payouts was current as of Jan. 31. By late July—a few months after the Kroll report wrapped up—settlements from the 2020 protests alone had eclipsed $20 million.

Barton alleged An initially shot him in the hip and elbow with “less-lethal” bean bag rounds during the 2020 protests. Then, An approached him and delivered a “close-rage, point-blank” shot to the face that knocked out two of Barton's teeth and required emergency surgery on his shattered jaw, according to his lawsuit.

The cost

In addition to compiling relevant dollar figures, Kroll also detailed the “intangible” price of persistent litigation over police misconduct. Analysts pointed to the loss of human life, eroding public trust and support of police, and the future costs of potential state and federal oversight or investigations that could stem from a string of lawsuits.

“[P]olice departments cannot properly perform their job—and serve and protect the community—if they do not have a high level of trust from the people they serve,” the report states. “[B]uilding community trust is a difficult thing to accomplish and an easy thing to lose. And once lost, community trust is difficult to re-establish.”

Additionally, researchers noted that media coverage of such incidents and the large dollar figures can “reinforce the community’s negative perceptions of the police,” even if cases end up being dismissed or officers aren’t found liable.

By the numbers

Across the lawsuits reviewed by Kroll, the race or ethnicity of plaintiffs or those killed by police was known in about 80 of the 112 cases. Among those:

• 24% were white.
• 23% were Black.
• 17% were Hispanic.
• 1% were Asian
• 35% were another or an unknown race.

• 35% were Hispanic.
• 31% were Black.
• 13% were white.
• 4% were Asian
• 17% were another or unknown race.

“[P]eople of color are overrepresented among decedents in the cases examined, suggesting a person of color is more likely to die because of an interaction with an Austin police officer involving alleged misconduct,” analysts wrote.

In terms of where the incidents took place, Kroll found no clear concentration in a particular spot or in public versus private spaces. However, almost all occurred in Central or East Austin; only one was identified west of MoPac.

What’s next

As of early 2023, 37 of the misconduct cases tracked were still ongoing after 35 had been settled and 33 were dismissed.

Three resulted in a verdict for plaintiffs, and four resulted in verdicts for the city or police officers who were sued.

Looking ahead, Kroll said more than a dozen cases stemming from the 2020 protests remain active. Other relevant lawsuits include 10 cases brought by relatives of those killed by police and several from those alleging “severe injuries” from APD uses of force.

Alongside their legal and data review, Kroll analysts also suggested improvements for Austin and the APD to avoid more incidents like those that have resulted in legal action.

“Ultimately, the best prevention a department has for being sued for police misconduct, and the erosion of trust such lawsuits entail, is to foster a culture centered on constitutional policing, implement fair and consistent accountability processes, ensure supervisors are properly trained, and train all officers to communicate effectively, learn how to talk to people and not simply give orders, and be true community partners,” the report states.

Kroll’s recommendations include:

• Ensuring department training is based around “critical thinking and values-based decision making”
• Emphasizing the “guardian” policing mentality and procedural justice
• Communicating with Austinites and the media in “a neutral, transparent and timely manner”
• Creating more opportunities for interactions that aren’t related to law enforcement duties, particularly in communities with historic tension with police
• Evaluating whether APD strategies have damaged public trust and legitimacy
• Finding ways to collaborate with community members on policing policies and strategy

Keep in mind

Kroll analysts also looked into the demographics of those involved in the incidents, where they took place and whether there were any apparent patterns of misconduct. The Kroll team said it examined court records, city documents and media coverage—while noting that its list of relevant cases may be noncomprehensive.

The review only covered publicly accessible information; some internal city or APD information and sealed court materials were not available. Analysts stated that resulted in “incomplete, but unbiased” reporting overall.