Case: Kendrick v. Chandler

On September 14, 1976, the ACLU of Western Tennessee, along with two Memphis residents, filed a class action against the Memphis Police Department in the United States District Court for the Western District of Tennessee. Plaintiffs filed under 42 U.S.C. §§1983, 1985, 1986, and 1988, claiming breaches of the First, Fourth, Fifth, Sixth, Ninth, and Fourteenth Amendments and state law. The class comprised of all individuals and organizations “who have engaged in constitutionally protected activity and conduct, and who have been subject of investigation by the Domestic Intelligence Unit of the Memphis Police Department.” Plaintiffs claimed that the Memphis Police Department’s Domestic Intelligence Unit (DIU) interfered with their First Amendment rights to free speech and association when it performed illegal surveillance to gather  "political intelligence." DIU collected records and reports of “unverified information and gossip which related exclusively to the exercise of lawful and peaceful activities” that the DIU deemed “subversive” through illegal means like unwarranted surveillance and interception of oral and written communications. Plaintiffs claimed that the purpose of collecting the information was to harass and intimidate plaintiffs to discourage the exercise of plaintiffs’ constitutional rights. Plaintiffs requested injunctive and declaratory relief, including enjoining defendants from illegal surveillance and storage of information, and monetary damages. The case was assigned to Judge Robert M. McRae. 

Prior to the lawsuit, one of the plaintiffs requested to see his DIU file, so defendants destroyed the file by incineration. Two members of the Memphis City Council requested that defendants refrain from destroying the files maintained by DIU. On September 10, 1976, defendants destroyed all of DIU’s files and disbanded the unit, and then held a press conference to announce their decision. Plaintiffs obtained a temporary restraining order against the destruction of evidence, but it was already too late.   

On September 14, 1978, the court entered a Consent Order prohibiting the police from engaging in any sort of “political intelligence” gathering, which meant gathering evidence “relating to any person’s beliefs, opinions, associations or other exercise of First Amendment rights.” The court also enjoined the city from harassing or deterring people exercising their First Amendment rights, for example defendants could not attend protests and record names and license plate numbers to deter First Amendment activity. Additionally, the court ruled that officers investigating criminal conduct where the investigation may collect information about the exercise of First Amendment rights must have the investigation reviewed by the Memphis Director of Police for the factual basis and proper investigatory techniques. In those investigations, the Director of Police must certify that the investigation will minimize collection of information about First Amendment activities and it will employ the “least intrusive technique necessary to obtain the information.” Defendants must instruct law enforcement personnel on the Decree and publish the Decree for the public. The court maintained jurisdiction to enforce the Decree.  

Thirty-two years later, the Police Department published a policy revision prohibiting political surveillance. It also published the 1978 Consent Decree on its website. In 2020, there were major developments, with a trial and a revision of the consent decree in another case, Blanchard v. City of Memphis.