AUDIE CORNISH, HOST:
Around the country, police departments are under increased scrutiny from the Justice Department's Civil Rights Division. Some of the targeted agencies have suffered under an ethical cloud for years.
Others have not, as NPR's Martin Kaste reports.
MARTIN KASTE, BYLINE: Seattle came to the Feds' attention a year and a half ago, after the shooting death of John T. Williams. He was a homeless man, of Native Canadian descent.
Chris Stearns, a lawyer on the city's Human Rights Commission, recalls that Williams was killed for walking across a street carrying a piece of wood and a carving knife.
CHRIS STEARNS: You know, it's all on videotape. He was given a warning to drop the knife and it just happened so quickly. It's amazing how quickly it happened.
(SOUNDBITE OF VIDEO)
IAN BIRK: Hey. Hey. Hey, put the knife down. Put the knife down. Put the knife down.
(SOUNDBITE OF GUNSHOTS)
STEARNS: And then he was dead, John T. Williams.
KASTE: The shooting was ruled unjustified and the young cop left the force, though he wasn't prosecuted.
STEARNS: Seattle does have problems. Anytime you've got officers, you know, routinely - 20 percent of the time - violating our constitutional rights, that's a huge problem.
KASTE: That 20 percent figure comes from the Justice Department. Here's how U.S. Attorney Jenny Durkan put it in a December news conference.
JENNY DURKAN: We found in the cases that we reviewed that when officers used force, it was done in an unconstitutional and excessive manner nearly 20 percent of the time.
KASTE: Seattle officials were flabbergasted by that statistic. And at the time, they asked the Justice Department to explain which use-of-force cases it was based on. Three months later, Mayor Mike McGinn is still asking.
MAYOR MIKE MCGINN: They have not yet shared their data.
KASTE: Have you asked for it?
MCGINN: Oh, yeah.
KASTE: And what did they say?
MCGINN: If you - no.
KASTE: This matters to the city, because it's now negotiating with the Justice Department over how to fix the police.
Like most cities in this situation, Seattle would rather not submit to court-supervised reforms. Court supervision can be expensive and no city wants to lose control of its own police department. But it may be inevitable if that 20 percent figure is any indication.
MATT HICKMAN: We don't know if this is meaningful or not.
KASTE: Matt Hickman is a professor of criminal justice at Seattle University, and he used to crunch numbers at the Bureau of Justice Statistics. He calls the 20 percent figure highly irregular, compared to other use-of-force studies.
HICKMAN: The unanswered questions are about how exactly they determined whether a use-of-force incident involved unconstitutional use of force or excessive force.
KASTE: Hickman says definitions of excessive force vary widely. And he suspects the Justice Department's criteria were too broad to hold up under legal or scientific scrutiny. U.S. Attorney Jenny Durkan says the stats are reliable, but she also says that's beside the point.
DURKAN: If you want to talk about statistics, anyone who's focused on 20 percent versus 10 percent versus 5 percent is what statisticians would call an outlier. That's not the question on the table right now.
KASTE: Instead of, quote, splitting hairs over statistics, Durkan says Seattle should focus on the specific examples of appalling behavior by police. For instance, the Feds' report described the case of a shoplifter who was held by two cops as they punched her in the ribs and pepper-sprayed her in the face.
DURKAN: Even if you take just the examples that were illustrated in our report, people think, we're better than that, we shouldn't have those kinds of incidents in Seattle.
KASTE: The mayor agrees. He has a plan for what he calls 20 Reforms in 20 Months. He says Seattle cooperated fully with the federal investigation. And he now hopes the Feds will keep in mind that this is a city that believes in, as he puts it, raising social justice.
MCGINN: Our position isn't, you know, one of stonewalling or obstructionism, or go-away, or we're just fine the way we are. I think that when you have that type of attitude from a city, you'd expect that that would be taken into account.
KASTE: Seattle now has to decide whether to risk a federal lawsuit by refusing court supervision, while it also tries to restore the community's faith in the police - a faith even the mayor admits has been shaken.
Martin Kaste, NPR News, Seattle.