Antioch, civil rights attorney John Burris reach constitutional policing settlement

ANTIOCH, Calif. - The city of Antioch and civil rights attorney John Burris on Friday announced the settlement of a long-standing police abuse case involving 23 people, 45 police officers and three former police chiefs that is expected to last five years and reform the department so that officers practice constitutional policing.

"I don't anticipate this taking any longer than five years," Burris said at a news conference, flanked by Antioch City Manager Bessie Scott, and Police Chief Joe Vigil. 

Antioch and Oakland

Burris compared and contrasted the Antioch deal with the one he is still negotiating in Oakland, stemming from the 2003 "Riders" lawsuit against the police department there. The Oakland Police Department is still under federal oversight, more than 20 years later, but it has made great reforms. 

"I think we didn't have this sense of cooperation at the time in Oakland," Burris said. "It was us telling them what they were going to do, which was rejected in large measure. But I don't see that here."

‘Full circle moment’ 

Burris' legal partner, Ben Nisenbaum, said signing this agreement with Antioch is a "full circle moment" for him, as he also was part of the team that sued Oakland two decades ago.

"And of course, that was a case that transformed the Oakland Police Department into a constitutional policing model," Nisenbaum said. 

A KTVU analysis last year showed that Oakland's payouts for police misconduct had plummeted under such strict oversight, far lower than cities like San Jose and Fremont. 

Though Burris is one of the key architects in reforming the Oakland Police Department, he spent most of his time on Friday focusing on Antioch, where 14 police officers have pleaded guilty to various crimes that include steroid distribution and wire fraud, and still others who were involved in a widely publicized racist text scandal, first uncovered by the East Bay Times. 

In 2023, for example, roughly 40 Antioch police officers were put on leave for sending or receiving offensive texts. 

That same year, 23 people sued the department alleging physical and canine abuse, widespread use of racial, homophobic, gender, and ethnic slurs, lack of supervision, poor discipline, and a lack of accountability. These plaintiffs won $4.6 million back then.

‘People of Antioch’ 

Scott, who was hired as city manager in 2024, spoke directly to Antioch citizens when she took the podium. 

"I want to start by acknowledging what this period has meant for people in Antioch," Scott said. "The last few years have been difficult and, for many residents, deeply unsettling. Today is about refusing to let the city remain defined by the failures and controversy that brought us to this point. Antioch deserves a government that listens, adjusts and delivers."  

Burris gave Scott a lot of credit for getting the settlement signed. 

Data, audits and oversight

Vigil, who was named police chief about 11 months ago, said the settlement will improve his department, emphasizing that data, metrics and analysis will improve community engagement, transparency and accountability.

"Through a collaborative and productive process, we reached an agreement that will help ensure the Antioch Police Department continues to improve how we approach policy, how we conduct our work, and most importantly, how we serve our community," Vigil said.

The police department will conduct audits, make information, like K-9 deployments and uses of force public, and expand their bodyworn camera use exponentially. 

Another section of the agreement mandates that all allegations of officer misconduct will be forwarded to the police chief no more than 72 hours from receipt, and then must be tracked by the city manager, who must in turn, report to the independent monitor. 

And the agreement outlines an "early warning system" for problem officers, who can be given an opportunity to correct their behavior or terminated, depending on the situation. 

Other settlements, 14 officers charged

In January of this year, Antioch reached a separate but parallel settlement with the state Department of Justice to resolve an investigation of race discrimination by Antioch officers, going as far back as 2019.

Under that agreement, Antioch police said they would hire an expert law enforcement consultant to review procedures. 

And on the federal level, the U.S. Department of Justice has, to date, charged 14 Antioch police officers with a variety of crimes, including bank and fraud, steroid distribution, and civil rights violations. All the officers have either been sentenced or have pleaded guilty and are awaiting sentencing. 

‘Respectful and human’ 

Burris said this case had special meaning for him as someone who has been involved in police litigation for "many, many years."

He said each case of police abuse was painful for him, and the Antioch situation was "as severe as any," even though no one died.

"It was a sense of disrespect for the community in terms of the manner in which these officers performed and did not perform their jobs," Burris said.

"But more importantly," Burris continued, this settlement is aimed at treating the people of Antioch "in a way that is respectful and human." 
 

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