This story was updated on May 27, 2025, with the correct spelling of Tyré Nichols name. 

For years, the demand for a Department of Justice pattern-or-practice investigation of the Memphis Police Department has been a critical component in the pursuit of improving law enforcement and civilian relationships. I was one of the ones at the forefront of this request. To know the investigation has been launched and is underway has provided some solace but not nearly enough resolution. 

This ongoing investigation has not only exposed the need for substantive reforms within the MPD but has also placed the current police chief in the center of a political appointment rift between the newly inaugurated mayor, Paul Young, and many city council members, particularly Chairman JB Smiley. From my vantage point as a community leader and political activist, I believe it is essential to center the findings of the investigation in their appointment and affirmation considerations of Chief Cerelyn “C.J.” Davis.

Beyond civil, social and political allegiances, affiliations and associations, now is the time to prioritize the possibility of true change. I don’t know whether that can be done with or without Davis. But I do know none of it is possible until after we find out the results of the investigation. According to DOJ precedent, the case should be over within 12 to 18 months, which means summertime to the end of this year.  

Trust is the foundation of any successful relationship. And in the case of law enforcement and the communities they serve, trust is paramount. The trust factor has been eroding for years and was exacerbated and arguably apexed when Tyré Nichols was killed. Davis and former Mayor Jim Strickland’s SCORPION unit bear the brunt of that fiasco. Needless to say, despite some recent rally calls, Davis does not have the trust or support of the majority of the citizens of Memphis. 

The DOJ pattern-or-practice investigation serves as a crucial tool in uncovering the truth about MPD’s practices and procedures — and, frankly, what level of culpability should be assigned to Davis. As such, it is imperative that both the city council and the mayoral administration prioritize the findings of the investigation in their decision-making processes.

In her recent testimony, Davis declared, “Some of our officers … are not used to discipline at the level our community or the council expects.” She went on to contend, “Change is uncomfortable for them.” And as true as this may be, I don’t see how this sentiment will translate into internal support by the rank and file. This claim would have to be supported by DOJ findings in order to give Davis what she needs to adequately run the department. 

At the same time, what is the long-term plan if she is not confirmed? Can Memphis really conduct a national search for her successor while a DOJ investigation is still ongoing?  Who would really sign up for such an assignment?

While I understand the political dynamics at play, it is essential to remember that the ultimate goal is to ensure the safety and well-being of all Memphians. A fair compromise between the city council and the mayoral administration should prioritize the best interests of the community. This can only be achieved by centering the investigation’s findings and recommendations in their decision-making processes.

By traveling down this path of compromise, both the city council and the mayoral administration can demonstrate their commitment to transparency, accountability and the pursuit of justice for all Memphians.

The DOJ pattern-or-practice investigation is not an end in itself but rather a means to an end. We must identify and implement the necessary reforms that will improve law enforcement and civilian relationships. By prioritizing the findings of the investigation in their appointment and affirmation considerations, the mayor’s administration and the city council can demonstrate their commitment to transparency, accountability and the pursuit of justice for all Memphians.

As someone who has a decent working relationship with the city council and the mayoral administration, I urge both entities to prioritize the findings of the DOJ pattern-or-practice investigation in their decision-making processes. We can’t afford to make a concrete and long-term decision until after the investigation. The administration and council need to be clear about how the investigation factors into their decision and communicate that to the public. By doing so, they can ensure that the reforms implemented are comprehensive, effective and sustainable — whether it happens with or without Davis.

The Rev. Earle J. Fisher, Ph.D., is the senior pastor of Abyssinian Baptist Church and founder of #UpTheVote901.


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