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Civil Rights Division's Pattern and Practice Police Reform Work: 1994-Present
"There are more than 18,000 law enforcement agencies across the country. Law enforcement is a demanding, rigorous, and - at times - dangerous profession. The vast majority of men and women who police our communities do so with professionalism, respect, bravery, and integrity. But as we have seen around the country, when police departments engage in unconstitutional policing, their actions can severely undermine both community trust and public safety. Today, our country is engaged in a critically important conversation about community-police relations. This report describes one of the United States Department of Justice's central tools for accomplishing police reform, restoring police-community trust, and strengthening officer and public safety - the Civil Rights Division's enforcement of the civil prohibition on a 'pattern or practice' of policing that violates the Constitution or other federal laws (the Department's other tools are described later in this document). Pattern-or-practice cases begin with investigations of allegations of systemic police misconduct and, when the allegations are substantiated, end with comprehensive agreements designed to support constitutional and effective policing and restore trust between police and communities. The Division has opened 11 new pattern-or-practice investigations and negotiated 19 new reform agreements since 2012 alone, often with the substantial assistance of the local United States Attorney's Offices. The purpose of this report to make the Division's police reform work more accessible and transparent. The usual course of a pattern-or-practice case, with examples and explanations for why the Division approaches this work the way it does, is set forth in this report."
United States. Department of Justice. Civil Rights Division
2017-01
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Guidance Regarding the Use of Race by Federal Law Enforcement Agencies
"In his February 27,2001, Address to a Joint Session of Congress, President George W. Bush declared that racial profiling is 'wrong and we will end it in America.' He directed the Attorney General to review the use by Federal law enforcement authorities of race as a factor in conducting stops, searches and other law enforcement investigative procedures. The Attorney General, in turn, instructed the Civil Rights Division to develop guidance for Federal officials to ensure an end to racial profiling in law enforcement. 'Racial profiling' at its core concerns the invidious use of race or ethnicity as a criterion in conducting stops, searches and other law enforcement investigative procedures. It is premised on the erroneous assumption that any particular individual of one race or ethnicity is more likely to engage in misconduct than any particular individual of another race or ethnicity […] The use of race as the basis for law enforcement decision-making clearly has a terrible cost, both to the individuals who suffer invidious discrimination and to the Nation, whose goal of 'liberty and justice for all' recedes with every act of such discrimination. For this reason, this guidance in many cases imposes more restrictions on the consideration of race and ethnicity in Federal law enforcement than the Constitution requires. This guidance prohibits racial profiling in law enforcement practices without hindering the important work of our Nation's public safety officials, particularly the intensified anti-terrorism efforts precipitated by the events of September 11, 2001."
United States. Department of Justice. Civil Rights Division
2003-06
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Investigation of the Ferguson Police Department
"The Civil Rights Division of the United States Department of Justice opened its investigation of the Ferguson Police Department ('FPD') on September 4, 2014. This investigation was initiated under the pattern-or-practice provision of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. § 3789d ('Safe Streets Act'), and Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d ('Title VI'). This investigation has revealed a pattern or practice of unlawful conduct within the Ferguson Police Department that violates the First, Fourth, and Fourteenth Amendments to the United States Constitution, and federal statutory law."
United States. Department of Justice. Civil Rights Division
2015-03-04
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Commonly Asked Questions About the Americans with Disabilities Act and Law Enforcement
"Police officers, sheriff's deputies, and other law enforcement personnel have always interacted with persons with disabilities and, for many officers and deputies, the Americans with Disabilities Act (ADA) may mean few changes in the way they respond to the public. To respond to questions that may arise, this document offers common sense suggestions to assist law enforcement agencies in complying with the ADA. The examples presented are drawn from real-life situations as described by police officers or encountered by the Department of Justice in its enforcement of the ADA."
United States. Department of Justice. Civil Rights Division
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Investigation of the New Orleans Police Department
"The NOPD [New Orleans Police Department] has long been a troubled agency. Basic elements of effective policing - clear policies, training, accountability, and confidence of the citizenry - have been absent for years. Far too often, officers show a lack of respect for the civil rights and dignity of the people of New Orleans. While the majority of the force is hardworking and committed to public safety, too many officers of every rank either do not understand or choose to ignore the boundaries of constitutional policing. Some argue that, given the difficulty of police work, officers must at times police harshly and bend the rules when a community is confronted with seemingly intransigent high levels of crime. [...] NOPD's failure to ensure that its officers routinely respect the Constitution and the rule of law undermines trust within the very communities whose cooperation the Department most needs to enforce the law and prevent crime. As systematic violations of civil rights erode public confidence, policing becomes more difficult, less safe, and less effective, and crime increases. [...] The problems in NOPD developed over a long period of time and will take time to address and correct. The Department must develop and implement new policies and protocols, train its officers in effective and constitutional policing, and institutionalize systems to ensure accountability, foster police-community partnerships, improve the quality of policing to all parts of the City, and eliminate unlawful bias from all levels of NOPD policing decisions. Recommendations on achieving these changes are attached to this Report. We look forward to working with NOPD and the City of New Orleans to address the violations of constitutional and federal law that we identified, by developing and implementing a comprehensive blueprint for sustainable reform that will: (1) reduce crime; (2) ensure respect for the Constitution and the rule of law; and (3) restore public confidence in NOPD."
United States. Department of Justice. Civil Rights Division
2011-03-16
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Investigation of the Pennsylvania Department of Corrections' Use of Solitary Confinement on Prisoners with Serious Mental Illness and/or Intellectual Disabilities
"The Civil Rights Division has completed its investigation of the Pennsylvania Department of Corrections' ('PDOC') use of solitary confinement on prisoners with serious mental illness ('SMI') and intellectual disabilities ('ID'). The investigation was conducted pursuant to the Civil Rights of Institutionalized Persons Act ('CRIPA'), 42 U.S.C. § 1997. CRIPA authorizes the Department of Justice to seek equitable relief where conditions in state correctional facilities violate the rights of prisoners protected by the Constitution of laws of the United States. […] Or systemwide investigation found that the Commonwealth uses solitary confinement in ways that violate the rights of prisoners with SMI/ID. However, it is important to note that in the months since we issued our Cresson Findings Letter, the overall number of prisoners with SMI/ID that PDOC subjects to solitary confinement has gone down. Moreover, PDOC's leadership has been developing new policies, that if adopted and implemented, would further reduce the number of prisoners with SMI/ID in solitary and improve mental health services for prisoners with SMI. Nonetheless, much more needs to be done. Throughout the PDOC system, hundreds of prisoners with SMI/ID remain in solitary confinement for months and sometimes years, with devastating consequences to their mental health, in violation of their rights under the Eighth Amendment and the ADA [Americans with Disabilities Act of 1990].
United States. Department of Justice. Civil Rights Division
2014-02-24
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Access for All: Five Years of Progress, A Report from the Department of Justice on Enforcement of the Americans with Disabilities Act
This is the Department of Justice's five-year report on enforcement of the Americans with Disabilities Act. It describes ADA enforcement in four categories: enhancing civic participation; ensuring equal health care access; gateways to job opportunities for people with disabilities; and, enjoying the american way of life.
United States. Department of Justice. Civil Rights Division
2006
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ADA Best Practices Tool Kit for State and Local Governments: Chapter 7: Emergency Management Under Title II of the ADA
This document is part of a larger report titled, The Americans with Disabilities Act (ADA) Best Practices Tool Kit for State and Local Governments. The report assists officials in improving government compliance with Title II of the ADA in programs, services, activities, and facilities. This chapter describes common problems people with disabilities face while accessing emergency services and gives recommendations on how to improve accessibility.
United States. Department of Justice. Civil Rights Division
2007-07-26?
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Americans with Disabilities Act Access for 9-1-1 and Telephone Emergency Services
This document is part of a technical assistance program to provide State and local governments and, persons with disabilities with information about the requirements of the ADA [Americans with Disabilities Act] for direct, equal access to, 9-1-1 for persons with disabilities who use TTYs [teletypewriters]. This guidance is an updated version of the, Department of Justice's earlier guidance entitled, Commonly Asked Questions Regarding Telephone, Emergency Services. It explains in practical terms how the ADA's requirements apply to 9-1-1, services, including equipment, standard operating procedures, and training, and should be useful to 9-1-1 service providers, equipment vendors, participating telephone companies, and individuals with, disabilities.
United States. Department of Justice. Civil Rights Division
1998-07-15?
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Executive Order 13166 Limited English Proficiency Resource Documents: Tips and Tools from the Field
"In June of 2002, DOJ [U.S. Department of Justice] issued guidance relating to language assistance pursuant to Title VI, of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. (Title VI) and its accompanying, regulations. The guidance focused on recipients of DOJ financial assistance (primarily law, enforcement agencies, departments of corrections, courts, domestic violence service providers,, and entities having a law enforcement or juvenile justice mission). That guidance has served as a, launching point for COR's [Coordination and Review Section] training efforts and discussions with federal, state, and other partners, on the subject of language assistance. Often these interactions and trainings have become, opportunities for sharing tips and tools from the field based on the experiences of recipients, and communities working with LEP [limited English proficient] populations. Sharing anecdotes of community solutions, that have been positively received, as well as sharing information about some of the drawbacks, of certain approaches, offers entities opportunities to make great strides in developing their, own solutions to language access concerns., The purpose of this document is for DOJ to share its experiences in hopes of providing a useful tool for, enhancing access for LEP persons."
United States. Department of Justice. Civil Rights Division
2004-09-21
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ADA Best Practices Tool Kit for State and Local Governments: Chapter 7 Addendum 1: Title II Checklist: (Emergency Management)
This document is part of a larger report titled, The Americans with Disabilities Act (ADA) Best Practices Tool Kit for State and Local Governments. The report assists officials in improving government compliance with Title II of the ADA in programs, services, activities, and facilities. This checklist addendum gives a preliminary assessment on the accessibility of emergency management programs, policies, procedures, and shelter facilities.
United States. Department of Justice. Civil Rights Division
2007-07-26?
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Communicating with People Who Are Deaf or Hard of Hearing: ADA Guide for Law Enforcement Officers
"Under the Americans with Disabilities Act (ADA), people who are deaf or hard of hearing are entitled to the same services law enforcement provides to anyone else. They mau not be excluded or segregated from services, be denied services, or otherwise be treated differently than other people. Law enforcement agencies must make efforts to ensure that their personnel communicate effectively with people whose disability affect hearing. This applies to both sworn and civilian personnel."
United States. Department of Justice. Civil Rights Division
2006-01
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ADA Best Practices Tool Kit for State and Local Governments: Chapter 7 Addendum 2: The ADA and Emergency Shelters: Access for All in Emergencies and Disasters
This document is part of a larger report titled, 'The Americans with Disabilities Act (ADA) Best Practices Tool Kit for State and Local Governments.' The report assists officials in improving government compliance with Title II of the ADA in programs, services, activities, and facilities. This addendum discusses key issues affecting shelter residents with disabilities and gives recommendations on how to plan and provide shelter.
United States. Department of Justice. Civil Rights Division
2007-07-26
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ADA Business Brief: Communicating with People Who Are Deaf or Hard of Hearing in Hospital Settings
"People who are deaf or hard of hearing use a variety of ways to communicate. Som sign language interpreters or assistive listening devices; some rely primarily on writ messages. Many can speak even though they cannot hear. The method of commu the services or aids the hospital must provide will vary depending upon the abilities person who is deaf or hard of hearing and on the complexity and nature of the com that are required. Effective communication is particularly critical in health care where miscommunication may lead to misdiagnosis and improper or delayed treatment."
United States. Department of Justice. Civil Rights Division
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Tips and Tools for Reaching Limited English Proficient Communities in Emergency Preparedness, Response, and Recovery
From the Introduction: "Communicating information to the public is essential to emergency management. Limited English proficient (LEP) individuals will likely be present in any community faced with an emergency or disaster. LEP individuals are those who have difficulty speaking, understanding, reading, or writing English. If LEP individuals are not able to access disaster information in a language they can understand, the consequences can be deadly. When individuals do not evacuate, find shelter, or understand how to prevent getting a contagious disease, emergency response personnel and resources are further strained to conduct rescue operations or otherwise remedy avoidable situations. To avoid such outcomes, planning for communication with LEP individuals should occur at all stages of disaster management--including preparedness, response, and recovery."
United States. Department of Justice. Civil Rights Division
2016
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Investigation of the Seattle Police Department
From the Background and Scope of Review: "The great majority of the City's police officers are honorable law enforcement professionals who risk their physical safety and well-being for the public good. However, a pattern of excessive force exists as a result of a subset of officers who use force improperly, and is caused by a number of systemic deficiencies that exist in spite of SPD's [Seattle Police Department] recent reform efforts. For many years, the City of Seattle periodically has faced accusations of police misconduct, including claims of excessive force and discriminatory policing techniques. Over the last decade, the City has responded to these allegations by implementing significant measures to improve police oversight, including developing and refining an elaborate police accountability system. Despite these efforts, recently there have been a number of widely publicized incidents involving use of force by the police, leading to understandable public concern. Our investigation was not prompted by any one particular incident. Nor did we focus on, or try to resolve the facts of, any of these high-profile events. Rather, we took a broader view. Specifically, with the assistance of our national policing experts, we systematically and thoroughly examined voluminous documents and records, including hundreds of hours of video footage, a variety of police reports, policy manuals, and SPD records related to its use of force and policing practices."
United States. Department of Justice. Civil Rights Division
2011-12-16
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Investigation of the Mississippi State Penitentiary (Parchman)
From the Summary of the Report: "The United States Department of Justice (Department) conducted an investigation of the Mississippi State Penitentiary (Parchman) under the Civil Rights of Institutionalized Persons Act (CRIPA). The investigation revealed that conditions at Parchman violate the Eighth and Fourteenth Amendments to the United States Constitution. These violations are pursuant to a pattern or practice of resistance to the full enjoyment of incarcerated persons' constitutional rights. Specifically, the Department provides notice of the following conditions that violate the constitutional rights of individuals incarcerated at Parchman: [1] 'MDOC fails to protect incarcerated persons from violence at the hands of other incarcerated persons.' [...] [2] 'MDOC fails to meet the serious mental health needs of persons incarcerated at Parchman.' [...] [3] 'MDOC fails to take adequate suicide prevention measures.' [...] [and] [4] 'MDOC's use of prolonged restrictive housing places persons incarcerated at Parchman at risk of serious harm.'"
United States. Department of Justice. Civil Rights Division
2022-04-20
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Investigation of the Chicago Police Department
From the Executive Summary: "On December 7, 2015, the United States Department of Justice (DOJ), Civil Rights Division, Special Litigation Section, and the United States Attorney's Office for the Northern District of Illinois, jointly initiated an investigation of the City of Chicago's Police Department (CPD) and the Independent Police Review Authority (IPRA). This investigation was undertaken to determine whether the Chicago Police Department is engaging in a pattern or practice of unlawful conduct and, if so, what systemic deficiencies or practices within CPD, IPRA, and the City might be facilitating or causing this pattern or practice. Our investigation assessed CPD's use of force, including deadly force, and addressed CPD policies, training, reporting, investigation, and review related to officer use of force. The investigation further addressed CPD's and IPRA's systems of accountability both as they relate to officer use of force and officer misconduct, including the intake, investigation, and review of allegations of officer misconduct, and the imposition of discipline or other corrective action. We also investigated racial, ethnic, or other disparities in CPD's force and accountability practices, and assessed how those disparities inform the breakdown in community trust. [...] This investigation was initiated as Chicago grappled with the aftermath of the release of a video showing a white police officer fatally shooting black teenager Laquan McDonald. This aftermath included protests, murder charges for the involved officer, and the resignation of Chicago's police superintendent. The McDonald incident was widely viewed as a tipping point-igniting longstanding concerns about CPD officers' use of force, and the City's systems for detecting and correcting the unlawful use of force."
United States. Department of Justice. Civil Rights Division; United States. Department of Justice. Office of the Attorney General
2017-01-13
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Americans with Disabilities Act: ADA Checklist for Emergency Shelters
This is an American with Disabilities Act (ADA) emergency management checklist that contains information about emergency shelter accessibility and preparedness. Topics reviewed in this emergency management plan include the following: 1) evaluating the physical accessibility of emergency shelters; 2) selecting sites to survey for accessibility; 3) getting to the emergency shelter; 4) entering the emergency shelter; 5) living at the emergency shelter; and 6) other issues.
United States. Department of Justice. Civil Rights Division; United States. Department of Justice. Disability Rights Section
2007-07-26
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Albuquerque Police Department
This is a letter from the Civil Rights Division of the U.S. Department of Justice to Albuquerque Mayor Richard J. Berry reporting the "findings of the Department of Justice's civil investigation of the Albuquerque Police Department (APD)." From the Summary of Findings: "Based on our investigation, we find that the department engages in a pattern or practice of using excessive force during the course of arrests and other detentions in violation of the Fourth Amendment and Section 14141. We find this pattern or practice in the following areas: (1) Albuquerque police officers too often use deadly force in an unconstitutional manner in their use of firearms. […] (2) Albuquerque police officers also often use less lethal force in an unconstitutional manner. […] (3) A significant amount of the force we reviewed was used against persons with mental illness and in crisis. […] and (4) The use of excessive force by APD officers is not isolated or sporadic. […] We found only a few instances in the incidents we reviewed where supervisors scrutinized officers' use of force and sought additional investigation. In nearly all cases, supervisors endorsed officers' version of events, even when officers' accounts were incomplete, were inconsistent with other evidence, or were based on canned or repetitive language. The department has also failed to implement its force policies consistently, including requirements that officers properly document their use of force, whether by lapel cameras, audio tapes, or in reports. The department does not use other internal review systems, such as internal affairs and the early intervention system, effectively. These internal accountability and policy failures combine with the department's inadequate training to contribute to uses of excessive force. Additionally, serious limitations in the City's external oversight processes have allowed many of these deficiencies to continue unabated."
United States. Department of Justice; United States. Department of Justice. Civil Rights Division
Samuels, Jocelyn; Martinez, Damon P.
2014-04-10
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Guidance on 'Long COVID' as a Disability Under the ADA, Section 504, and Section 1557
From the Document: "Although many people with COVID-19 [coronavirus disease 2019] get better within weeks, some people continue to experience symptoms that can last months after first being infected, or may have new or recurring symptoms at a later time. This can happen to anyone who has had COVID-19, even if the initial illness was mild. People with this condition are sometimes called 'long-haulers.' This condition is known as 'long COVID.' [...] This guidance explains that long COVID can be a disability under Titles II (state and local government) and III (public accommodations) of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and Section 1557 of the Patient Protection and Affordable Care Act (Section 1557). Each of these federal laws protects people with disabilities from discrimination. This guidance also provides resources for additional information and best practices. This document focuses solely on long COVID, and does not address when COVID-19 may meet the legal definition of disability."
United States. Department of Health and Human Services. Office for Civil Rights; United States. Department of Justice. Civil Rights Division
2021-07-26
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