Civil Rights Division

Justice Department’s Civil Rights Division Hosts “15 Years of Progress: Honoring the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act” The Justice Department’s Civil Rights Division in collaboration with the University of the District of Columbia Law School, hosted an event yesterday commemorating the 15th anniversary of the Shepard-Byrd Hate Crimes Prevention Act. Several hundred attended the event in-person and online. The Shepard-Byrd Act is a landmark federal statute passed in 2009 that allows federal criminal prosecution of hate crimes motivated by actual or perceived race, color, religion, national origin, gender, sexual orientation, gender identity or disability. Yesterday’s event paid tribute to the lives of James Byrd Jr. and Matthew Shepard, uplifted the voices of hate crime survivors, recognized ongoing efforts to combat hate crimes and hate incidents and called for the continued expansion of victim services to address the needs of survivors and their communities. “Fifteen years ago, the Hate Crimes Prevention Act gave the Justice Department critical tools that have made us more effective as we work to counter hate,” said Principal Deputy Associate Attorney General Benjamin C. Mizer. “We know that there is more work to be done, and the Department will keep working tirelessly to ensure that every person feels safe in their communities.” In her opening remarks, Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division expressed immense gratitude to those whose years of advocacy and activism made the passage of the Shepard-Byrd Act possible 15 years ago. She underscored the work that still needs to be done in prosecuting and preventing hate crimes, as recent statistics from the FBI indicate that the incidence of hate crimes is rising. Racial bias remained the most significant motivator for hate crimes in 2023, and anti-Black hate crimes continued to represent the largest portion of race-motivated hate crimes. Read more: https://lnkd.in/gFPWhRNM

Justice Department Secures Agreement with Staffing Company to Resolve Immigration-Related Discrimination Claim https://lnkd.in/gMizhGDk El Departamento de Justicia llega a un acuerdo con una compa?ía de dotación de personal que resuelve acusaciones de discriminación relacionada con la inmigración https://lnkd.in/gWGkXkeU

Justice Department Finds Conditions at Fulton County Jail in Georgia Violate the Constitution and Federal Law The Justice Department announced today its findings that conditions of confinement at the Fulton County Jail (the Jail) in Georgia violate the 8th and 14th Amendments to the U.S. Constitution, the Americans with Disabilities Act, and Individuals with Disabilities Education Act. The department’s report details its findings from a comprehensive investigation of the Jail, funded and operated by Fulton County and the Fulton County Sheriff’s Office. The investigation included the Main Jail in Atlanta and three annex facilities: the Marietta Annex in Atlanta, the North Annex in Alpharetta, and the South Annex in Union City. The Jail currently houses around 2,000 people and in recent years has surpassed 3,000 people. “Lashawn Thompson’s horrific death was symptomatic of a pattern of dangerous and dehumanizing conditions in the Fulton County Jail,” said Attorney General Merrick B. Garland. “The Justice Department’s report concluded that Fulton County and the Fulton County Sheriff’s Office allowed unsafe and unsanitary conditions at the Jail. As a result, people incarcerated in the Fulton County Jail suffered harms from pest infestation and malnourishment and were put at substantial risk of serious harm from violence by other incarcerated people — including homicides, stabbings and sexual abuse. The unconstitutional and unlawful conditions at the Fulton County Jail have persisted for far too long, and we are committed to working with Fulton County and the Fulton County Sherrif’s office to remedy them.” Read more: https://lnkd.in/gJHwGKVH

Fifth West Virginia Corrections Officer Pleads Guilty to Federal Civil Rights Violation in Connection with Death of Inmate A former corrections officer from the Southern Regional Jail in Beaver, West Virginia, pleaded guilty today for his role in an assault that resulted in the death of an inmate, identified by the initials Q.B., on March 1, 2022. Mark Holdren pleaded guilty to conspiring with other officers to violate inmate Q.B.’s civil rights which resulted in the death of Q.B. According to court documents filed in connection with the guilty plea, Holdren responded to a call for officer assistance after Q.B. tried to push past another correctional officer and leave his assigned pod. When Holdren arrived, officers were engaged in using force to restrain Q.B. Holdren also began using force which included multiple knee-strikes to Q.B.’s body, which he acknowledged were unreasonable uses of force according to his training and experience. Holdren and other officers then conspired to violate Q.B.’s civil rights by unlawfully punishing Q.B. to retaliate against him for his attempt to push past officers and leave the pod. As a part of that conspiracy, officers brought Q.B. to an interview room, where they continued to use unreasonable force against Q.B. Specifically, officers struck Q.B. in the head multiple times, kicked, knee-struck, pulled and twisted Q.B.’s finger and sprayed Q.B. with O.C. spray, all while Q.B. was restrained, handcuffed and posed no threat to anyone. Read more: https://lnkd.in/gPAXRkJK

Justice Department Launches Disability Rights Investigation into Unnecessary Institutionalization in Michigan’s State Psychiatric Hospitals The Justice Department announced today that it has opened an investigation under the Americans with Disabilities Act (ADA) into whether the State of Michigan unnecessarily institutionalizes adults with serious mental illness in state psychiatric hospitals. The department will investigate whether the state fails to provide necessary community-based mental health services to enable people to transition from the state psychiatric hospitals and remain stable in the community. Prior to the announcement, the department informed the Michigan Department of Health and Human Services and the State Attorney General’s Office of the initiation of the investigation. “The Americans with Disabilities Act protects people’s right to receive mental health services in the community, rather than remaining in hospitals when they are ready to go home,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This investigation will assess whether Michigan is honoring the ADA’s promise that people with disabilities be served in the most integrated setting appropriate. The Civil Rights Division will continue to advocate for states to provide people with disabilities the services they need to avoid unnecessary institutionalization.” “Our office is committed to investing the resources necessary to investigate these claims because we will never tire of ensuring that every citizen is afforded the full protections of the Americans with Disabilities Act,” said U.S. Attorney Dawn N. Ison for the Eastern District of Michigan. “We open this investigation as part of our mission to protect civil rights and to ensure our neighbors with mental health disabilities can succeed and thrive in their communities,” said U.S. Attorney Mark A. Totton for the Western District of Michigan. The Justice Department has not reached any conclusions regarding the subject matter under investigation. Individuals with relevant information are encouraged to contact the department via email at [email protected], 888-392-5415 or through the Civil Rights Division’s Civil Rights Portal at civilrights.justice.gov/. Additional information about the Civil Rights Division’s ADA enforcement is available at https://lnkd.in/gwSNjMMY and https://lnkd.in/gpmuqMVy. Press Release: https://lnkd.in/gUpnYaih

Readout of Justice Department’s Civil Rights Division Quarterly Meeting with State and Local Civil and Human Rights Stakeholders on Veterans Rights The Justice Department’s Civil Rights Division held its quarterly convening of state and local civil and human rights partners to commemorate Veterans Day and discuss efforts to protect the civil rights of servicemembers and veterans. “We owe our servicemembers, veterans and their families a deep debt of gratitude for their service to our country,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Through rigorous enforcement of federal civil rights laws, the Justice Department is working hard to ensure that the rights of the brave servicemembers and veterans are safeguarded from discrimination and unfair treatment.” Read more: https://lnkd.in/gH2nvtFA

Justice Department Secures Agreement with Providence, Rhode Island, Public Schools to Protect Civil Rights of Immigrant Students The Justice Department today announced a settlement agreement with the Providence, Rhode Island, Public School District to resolve an investigation into the district’s programs and services for new immigrant English learner students with limited or interrupted education, known in the district as “newcomers.” The Providence Public School District is the largest school district in Rhode Island, serving thousands of English learner students, including hundreds of newcomers. “New immigrant students and families bring great promise and a wealth of strengths to school communities, but they too often face great adversity in accessing educational opportunities,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Schools far too frequently shut their doors to newcomers or divert them into segregated programs with few opportunities and inadequate services. Federal law is clear: all students, including immigrant students, have a right to meaningfully participate in their district’s educational programs, and the Justice Department is committed to enforcing that right in Rhode Island and across the country.” Read more: https://lnkd.in/gcQYvcwv

Oregon Man Pleads Guilty to Three Federal Hate Crimes for Defacing Synagogue An Oregon man pleaded guilty today to three federal hate crimes after intentionally defacing a synagogue in Eugene, Oregon, on multiple occasions. Adam Edward Braun, 34, of Eugene, pleaded guilty to two counts of intentionally defacing a synagogue and one count of attempting to intentionally damage the synagogue because the synagogue was a place of religious worship for Jewish people. According to court documents and statements made in court, Braun targeted Temple Beth Israel, a Jewish synagogue in Eugene, with graffiti on two separate occasions. Between Sept. 10 and 11, 2023, Braun spray-painted the numbers “1377” on the exterior of the synagogue building. Braun admitted that he selected the numbers “1377” because it was similar to “1488,” a popular white-supremacist slogan that references Adolf Hitler and the “Fourteen words.” Months later, in January, Braun attempted to damage the synagogue’s glass doors using a ball-peen hammer. Braun stopped when he saw he was being recorded by a surveillance camera and went to another area of the property where he spray-painted the slogan “WHITE POWER” in large letters. Braun faces a maximum penalty of one year in prison for each of the three charges, as well as fines and restitution. Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Natalie K. Wight for the District of Oregon and Special Agent in Charge Douglas Olson of the FBI Portland Field Office made the announcement. The FBI Portland Field Office investigated the case with assistance from the Eugene Police Department. Trial Attorney Cameron A. Bell of the Civil Rights Division’s Criminal Section and Assistant U.S. Attorney Gavin W. Bruce for the District of Oregon are prosecuting the case. Press Release: https://lnkd.in/gPNzZEeG

Federal Bureau of Prison Lieutenant Indicted for Civil Rights Violations A Federal Bureau of Prisons (FBOP) lieutenant at U.S. Penitentiary (USP) McCreary, in Pine Knot, Kentucky, was indicted last week by a federal grand jury in London, Kentucky, for federal civil rights violations, including violating an individual’s rights under the color of law, falsifying records to impede an investigation, and witness tampering. The indictment alleges that Zachary Toney, 33, while acting under color of law as a USP McCreary lieutenant, repeatedly kicked and struck a victim while the victim was on the ground and handcuffed behind his back, which caused bodily injury to the victim. The indictment further alleges that Toney then wrote a memorandum documenting a false account of his interactions with the victim intended to cover up the unlawful force that he had used against the victim, omitting that he repeatedly kicked and struck the victim and stating that there were no inmate injuries. The indictment also alleges that Toney, while acting as a lieutenant, instructed three correction officers to write reports omitting the force that they had observed Toney using against the victim. “The Justice Department’s mission is to protect the civil rights of all Americans, including those who are incarcerated,” said Deputy Attorney General Lisa Monaco. “As alleged, Lieutenant Zachary Toney assaulted a defenseless person in his custody then tried to cover up that misconduct by falsifying records and tampering with witnesses. These charges make clear we will hold accountable Federal Bureau of Prisons personnel who abuse their positions of authority.” Read more: https://lnkd.in/g4tUgCeT

Former Louisville, Kentucky, Metro Police Officer Found Guilty of Federal Civil Rights Crimes Related to the Breonna Taylor Case A federal jury in Louisville, Kentucky, today convicted a former Louisville Metro Police Department (LMPD) officer for violating the civil rights of Breonna Taylor during the execution of a search warrant in March 2020 that led to the tragic death of Taylor in her home. Brett Hankison, 46, was convicted on one count of civil rights abuse. Count one charged him with depriving Taylor of her constitutional rights when he fired five shots through a bedroom window that was covered with blinds and a blackout curtain. The jury found that Hankison used a dangerous weapon in the commission of the offense, and that his conduct involved an attempt to kill, although his shots did not strike Taylor. Hankison was found not guilty on count two, which charged him with depriving three of Taylor’s neighbors of their constitutional rights by firing five more shots through a sliding glass door that was also covered with blinds and a curtain. “Today, Brett Hankison was found guilty by a jury of his peers for willfully depriving Breonna Taylor of her constitutional rights,” said Attorney General Merrick B. Garland. “His use of deadly force was unlawful and put Ms. Taylor in harm’s way. This verdict is an important step toward accountability for the violation of Breonna Taylor’s civil rights, but justice for the loss of Ms. Taylor is a task that exceeds human capacity.” Read more: https://lnkd.in/dXKCmqTF