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Date: April 30, 2024 Tue
Time: 12:55 am
Time: 12:55 am
Results for correctional institutions (arizona)
1 results foundAuthor: Perez, Thomas E. Title: United States' Investigation of the Maricopa County Sheriff's Office Summary: We write to report the findings of the Civil Rights Division's investigation into civil rights violations by the Maricopa County Sheriffs Office ("MCSO"). Our initial inquiry began in June 2008, and the investigation has focused on MCSO's compliance with the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141 ("Section 14141"), and Title VI of the Civil Rights Act of 1964,42 U.S.C. §§ 2000d to 2000d-7 and its implementing regulations at 28 C.F.R. § 42.101 et seq. ("Title VI"). Section 14141 prohibits law enforcement agencies, such as MCSO, from engaging in activities that amount to a pattern or practice of violating the Constitution or laws of the United States. Title VI and its implementing regulations provide that recipients of federal financial assistance, such as MCSO, may not discriminate on the basis of race, color, or national origin. These laws give the United States the authority to file legal action and obtain the necessary relief to ensure compliance with the Constitution and laws of the United States. We notified MCSO of our formal investigation in March 2009. During our investigation, aided by four leading police practice experts, one jail expert, and an expert on statistical analysis, we reviewed tens of thousands of pages of documentary evidence; toured MCSO'sjails; and interviewed over 400 individuals, including approximately 150 former and current MCSO jail inmates, and more than 75 former and current MCSO personnel, including the Sheriff, the Chief of Enforcement, the Chief of Patrol, the Administrative Investigative Commander, the Sergeant heading MCSO's Criminal Employment Squad, and the Lieutenant heading MCSO's Human Smuggling Unit. 2Based upon our extensive investigation, we find reasonable cause to believe that MCSO engages in a pattern or practice of unconstitutional policing. Specifically, we find that MCSO, through the actions of its deputies, supervisory staff, and command staff, engages in racial profiling of Latinos; unlawfully stops, detains, and arrests Latinos; and unlawfully retaliates against individuals who complain about or criticize MCSO's policies or practices, all in violation of Section 14141. MCSO's discriminatory police conduct additionally violates Title VI and its implementing regulations. We also find reasonable cause to believe that MCSO operates its jails in a manner that discriminates against its limited English proficient ("LEP") Latino inmates. Specifically, we find that MCSO, through the actions of its deputies, detention officers, supervisory staff, and command staff, routinely punishes Latino LEP inmates for failing to understand commands given in English and denies them critical services provided to the other inmates, all in violation of Title VI and its implementing regulations. The absence of clear policies and procedures to ensure effective and constitutional policing, along with the deviations from widely accepted policing and correctional practices, and the failure to implement meaningful oversight and accountability structures, have contributed to a chronic culture of disregard for basic legal and constitutional obligations. In addition to the formal findings noted above, we have identified three additional areas of serious concern that, while not warranting a formal pattern or practice finding at this time, require further investigation. First, our investigation revealed a number of troubling incidents involving MCSO deputies using excessive force against Latinos. Second, we observed that MCSO has implemented its immigration enforcement program in a way that has created a "wall of distrust" between MCSO officers and Maricopa County's Latino residents-a wall of distrust that has significantly compromised MCSO's ability to provide police protection to Maricopa County's Latino residents? Third, we have expanded our investigation to encompass a review of serious allegations that MCSO failed to investigate a large number of sex crimes. Given the systemic nature ofMCSO's constitutional violations, effective resolution of this matter will require the development of a comprehensive written agreement along with federal judicial oversight. We prefer to resolve this matter without resort to further litigation, although we will not hesitate to file suit, if necessary. We would like to immediately begin a constructive dialogue about comprehensive and sustainable ways to remedy the identified violations of the Constitution and federal law. Please let us know by close of business on January 4,2012, ifMCSO is interested in having this dialogue. IfMCSO is not interested or if we deem that MCSO is not engaged in good-faith efforts to achieve compliance by voluntary means, we are prepared to file a civil action to compel compliance. In the remainder of this letter, we highlight our factual and legal findings, broadly describe our investigation ofMCSO's practices, provide an outline of our factual findings in sufficient detail to give you fair notice of the violations committed, briefly discuss how those 3factual findings relate to MCSO's violations of federal law, and outline the remedial measures MCSO must undertake to comply with the law. Details: Washington, DC: Civil Rights Division, U.S. Department of Justice, 2011. 22p. Source: Internet Resource: Accessed March 11, 2012 at http://www.justice.gov/crt/about/spl/documents/mcso_findletter_12-15-11.pdf Year: 2011 Country: United States URL: http://www.justice.gov/crt/about/spl/documents/mcso_findletter_12-15-11.pdf Shelf Number: 124464 Keywords: Correctional Institutions (Arizona)Police Behavior (Arizona)Racial ProfilingTraffic Stops |