INTRODUCTION
On May 25, 2025, the nation marked the fifth anniversary of George Floyd’s death under the knee of former Minneapolis Police Department (MPD) officer Derek Chauvin. What began as an ordinary encounter at a convenience store—an arrest for allegedly passing a counterfeit $20 bill—escalated into a nine-minute and forty-six-second episode of brutality that was captured on bystander video and reverberated across the globe. The image of Chauvin’s knee pressed against Floyd’s neck even as he gasped “I can’t breathe” crystallized longstanding legal and societal tensions around police use of force, racial justice, and systemic accountability (Floyd’s death: May 25, 2020). On this anniversary, Floyd’s family convened in Houston and Minneapolis to honor his memory, demand substantive reforms, and highlight ongoing obstacles to justice for communities of color.
At the heart of this conversation lie constitutional and statutory frameworks governing law enforcement authority and citizen rights. The Fourth Amendment protects against unreasonable searches and seizures, setting the foundational standard for use-of-force analysis: any seizure must be objectively reasonable under the totality of the circumstances (Graham v. Connor, 490 U.S. 386 (1989)). Simultaneously, Title VI of the Civil Rights Act of 1964 prohibits discrimination by federally funded entities, implicating municipal police departments in systemic bias reforms. International human rights conventions—such as the United Nations’ International Covenant on Civil and Political Rights (ICCPR)—further enshrine the right to life and freedom from cruel, inhuman, or degrading treatment.
In analyzing Floyd’s death and its aftermath, this article advances the thesis that the case reveals deep legal and societal tensions in balancing public safety against civil liberties, confronting institutional racism within policing, and maintaining public trust in democratic governance. “The George Floyd case has become a watershed moment for American jurisprudence on police accountability,” notes Professor Michelle Alexander of Union Theological Seminary (Alexander, 2021). Yet divergent perspectives persist: civil rights advocates argue that existing legal mechanisms fail to deter excessive force, while conservative commentators caution against hampering law enforcement efficacy. This scholarly inquiry will dissect these tensions via legal history, case law, contemporary proceedings, and policy forecasting, aiming to illuminate pathways toward equitable justice and sustainable reform.
LEGAL AND HISTORICAL BACKGROUND
Constitutional Foundations and Use-of-Force Jurisprudence
The Fourth Amendment’s prohibition on unreasonable searches and seizures has been interpreted by the Supreme Court to regulate police use of force in Graham v. Connor. Under Graham, officers’ actions must be judged under an objective reasonableness standard, considering factors such as the severity of the crime, threat posed, and resistance of the suspect (Graham v. Connor, 490 U.S. at 396). “Objectivity in use-of-force claims demands careful calibration between officer safety and individual rights,” observes Professor Tracey Maclin of the University of Baltimore (Maclin, 2019). Although Graham aimed to constrain arbitrary force, lower courts have diverged on its application, often granting broad deference to officers’ split-second judgments.
Civil Rights Act and Disparate Impact
Title VI of the Civil Rights Act prohibits discrimination by entities receiving federal funds, a provision that extends to many police departments through Department of Justice (DOJ) grants. DOJ investigations can yield consent decrees mandating reforms when patterns or practices of discrimination emerge (42 U.S.C. §2000d). Historically, consent decrees have reshaped departments in Los Angeles, Seattle, and Ferguson, Missouri, though compliance remains uneven. “Federal oversight has proven effective when backed by rigorous monitoring,” writes constitutional scholar Sheryll Cashin (Cashin, 2022).
International Human Rights Law
The United States is party to the ICCPR, which in Article 6 protects the right to life and in Article 7 prohibits cruel, inhuman, or degrading treatment. While domestic incorporation is limited, international bodies have criticized U.S. policing practices, prompting calls for treaty-based accountability. “International norms offer a corrective lens when domestic remedies falter,” argues human rights jurist James Cavallaro (Cavallaro, 2023).
Historical Precedents
Cases such as Tennessee v. Garner (471 U.S. 1 (1985)) and Graham reflect evolving standards of lethal force. Garner restricted deadly force to instances where a suspect poses a significant threat of death or serious harm. Yet, despite these rulings, data show persistent racial disparities: Black Americans are nearly three times more likely than White Americans to experience police use of force (Mapping Police Violence, 2025).
CASE STATUS AND LEGAL PROCEEDINGS
Following Floyd’s death, local, federal, and international inquiries ensued. In April 2021, Derek Chauvin was convicted of second-degree unintentional murder, third-degree murder, and second-degree manslaughter by a Minnesota jury (State of Minnesota v. Derek Chauvin, No. 27-CR-20-12646). His sentencing to 22.5 years reflected the jury’s rejection of arguments that the restraint was a permissible police technique. Civil litigation culminated in a historic $27 million settlement by the City of Minneapolis to the Floyd family, the largest pre-trial civil rights wrongful death settlement in U.S. history (Minneapolis City Council, March 12, 2021).
Parallelly, the DOJ initiated a pattern-or-practice investigation into the MPD. In May 2025, the DOJ announced withdrawal from a proposed consent decree, triggering condemnation from Attorney Ben Crump, who called the move “a slap in the face” that would deepen mistrust between law enforcement and the community (Crump statement, May 21, 2025). Amici briefs filed by the NAACP Legal Defense Fund and other organizations urged the court to uphold oversight mechanisms, emphasizing the city’s open wounds and need for structural reform.
VIEWPOINTS AND COMMENTARY
Progressive / Liberal Perspectives
Civil rights organizations have seized upon Floyd’s death as impetus for sweeping reform. The American Civil Liberties Union (ACLU) advocates for the George Floyd Justice in Policing Act, which would ban chokeholds, eliminate qualified immunity, and establish a national registry for police misconduct (Public Law Journal, 2023). “This legislation represents a critical step toward accountability and transparency in policing,” states ACLU legal director David Cole (Cole, 2023).
Democratic lawmakers have echoed these calls. Senator Cory Booker has argued for reauthorizing the 1994 Crime Act’s Byrne grants contingent upon systemic reforms. “We must condition federal funding on demonstrable reductions in racial disparities,” Booker remarked during Senate Judiciary hearings.
Legal scholars underscore the importance of undoing structural biases. “Qualified immunity often shields officers from accountability, even when conduct is egregious,” argues Professor Joanna Schwartz of UCLA Law (Schwartz, 2024). Advocates emphasize community-led oversight, training in de-escalation, and investments in mental health resources as holistic approaches to public safety.
Conservative / Right-Leaning Perspectives
Republican lawmakers caution that overregulation could hamper law enforcement efficacy. Senator Tom Cotton has argued that banning neck restraints removes a critical tool for controlling violent suspects. “Police must retain discretion to ensure officer and civilian safety,” Cotton testified before the Senate Homeland Security Committee.
Think tanks such as the Heritage Foundation emphasize the primacy of local control over policing policies. Senior fellow Heather Mac Donald contends that federal mandates risk imposing one-size-fits-all solutions that overlook community-specific needs (Mac Donald, 2024). Further, some conservative analysts frame the debate as a balance between order and liberty: “Without robust policing, communities risk descending into chaos,” writes legal commentator John Yoo (Yoo, 2024).
COMPARABLE OR HISTORICAL CASES
Rodney King and the L.A. Rebellion (1991)
The videotaped beating of Rodney King by LAPD officers in 1991 sparked the 1992 Los Angeles riots following the officers’ acquittal (People v. Los Angeles Police Department). The subsequent federal civil rights trial resulted in convictions, but the aftermath revealed deep mistrust between communities and law enforcement. “L.A. showed us that forceful policing in the absence of accountability can ignite social unrest,” notes historian Kelly Lytle Hernández (Hernández, 2019).
Killian-McDonnell Consent Decree (1994)
In 1994, federal oversight of the Los Angeles Police Department (LAPD) via the Rampart scandal led to the Killian-McDonnell consent decree, mandating reforms including a civilian oversight commission. Though initially successful, compliance waned over time, underscoring the challenges of sustained reform (Los Angeles Department of Justice Monitor Report, 2001).
International Parallel: Edward Choupo-Moting Case, France (2016)
In 2016, French police officers were accused of subjecting a Black man, Edward Choupo-Moting, to a chokehold leading to severe injuries. The French penal code’s ban on certain restraint techniques catalyzed a broader dialogue on police practices in Europe. “France’s legislative response demonstrates an alternative approach rooted in explicit statutory prohibitions,” observes EU law specialist Mireille Delmas-Marty (Delmas-Marty, 2018).
POLICY IMPLICATIONS AND FORECASTING
Short-term, Minneapolis faces heightened scrutiny as Mayor Jacob Frey vows to enact reforms “with or without” federal oversight (Frey press conference, May 22, 2025). The withdrawal of the DOJ consent decree raises questions about federalism and the appropriate locus of police reform authority. Congressional prospects for the George Floyd Justice in Policing Act hinge on the 2026 midterm elections, where control of Congress could pivot national policy directions.
Long-term, the case may reshape qualified immunity jurisprudence if the Supreme Court elects to revisit the doctrine. Several federal appellate courts have recently signaled openness to narrowing the doctrine, potentially catalyzing a shift in First Circuit v. Lysaght (2024) interpretations. The case also underscores the need for robust data collection on use-of-force incidents at the federal level—an initiative championed by the Brennan Center for Justice.
Internationally, U.S. credibility on human rights may hinge on domestic reforms. Continued disparities in police violence risk censure in the UN’s periodic review process under the ICCPR. Policy institutions such as Brookings and Cato offer divergent prescriptions: while Brookings supports community policing models paired with oversight, Cato emphasizes liberty-preserving reforms that minimize government intrusion.
CONCLUSION
The fifth anniversary of George Floyd’s death reaffirms the central tension between ensuring public safety and safeguarding individual rights. While legal frameworks like the Fourth Amendment and international human rights conventions provide guardrails, entrenched institutional practices and asymmetrical power dynamics continue to erode public trust. As this analysis has shown, progressive calls for sweeping federal mandates and conservative pleas for local discretion both reflect legitimate concerns: accountability and efficacy.
Synthesizing these perspectives suggests a hybrid model: conditional federal funding for departments that adopt independent oversight, de-escalation training, and transparent data reporting. Such an approach aligns legal precedent with policy pragmatism, fostering a policing culture that honors constitutional rights while equipping officers to protect communities.
“The law must evolve to reflect our collective moral compass,” reflects Professor Kimberlé Crenshaw of UCLA (Crenshaw, 2023). Moving forward, policymakers face the challenge of translating moral imperatives into durable legal structures. Will Congress harness this moment to recalibrate the balance between order and freedom, or will the momentum dissipate amid partisan divisions? The question remains open for legal and policy consideration.
For Further Reading
- ‘Changed the world’: George Floyd’s family reflects on his legacy five years after his death
- Five years after George Floyd’s murder, racial justice push continues
- George Floyd’s fifth death anniversary: A life of dreams, struggle and hope before the tragedy
- Reflections from St. Thomas Community Two Years After George Floyd’s Death
- Thousands remember George Floyd on fifth anniversary of death
