HUNTSVILLE POLICE OFFICER CONVICTED FOR USING EXCESSIVE FORCE

FROM:  U.S. JUSTICE DEPARTMENT

Friday, July 31, 2015

Huntsville, Alabama, Police Officer Convicted of Excessive Use of Force and Obstruction of Justice

A federal jury in Huntsville, Alabama, convicted Huntsville Police Department Officer Brett Russell, 48, of deprivation of rights under color of law for assaulting and injuring G.H., a detainee, as well as obstruction of justice for filing a false police report regarding this incident.

According to the evidence presented at trial, on Dec. 23, 2011, G.H. was detained in the rear of a police vehicle parked in a hotel parking lot.  After initially uttering profanity and kicking a rear window, G.H. sat handcuffed, compliant and nonresisting for approximately 30 minutes.  As officers attempted to remove G.H. from the vehicle to place leg shackles on him, Russell yanked G.H. from the vehicle.  While G.H. was lying handcuffed on the ground, the defendant repeatedly punched and kneed G.H.  Other officers placed leg shackles on G.H. and Russell then transported G.H. to the Madison County, Alabama, Jail.  When the jail refused to accept G.H. because of his injuries, Russell transported G.H.to the Huntsville Hospital.  Russell subsequently wrote and submitted a false report claiming that G.H. tried to kick and head butt the officers.  Further, Russell omitted from the false report any reference to the fact that he had used force on G.H.

Russell faces a statutory maximum sentence of 10 years in prison for the civil rights charge and a statutory maximum sentence of 20 years for the obstruction charge.  Sentencing has yet to be scheduled, but will occur before U.S. District Court Judge Abdul K. Kallon in the Northern District of Alabama.

“The criminal behavior of this officer undermines the dedicated efforts of the vast majority of officers who serve honorably,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division.  “The Justice Department is committed to holding officers who engage in such criminal acts accountable.”

“Most police officers honor their oaths, day in and day out, to uphold the law and protect the public, but this defendant disgraced his badge and used excessive force against a man in handcuffs,” said U.S. Attorney Joyce White Vance of the Northern District of Alabama.  "This verdict reflects that abusing the authority of a police badge is a serious crime and it will be punished accordingly.  My office remains committed to aggressive civil rights enforcement, and I thank the FBI for its dedication to investigating and compiling evidence in these type of cases. "

This case is being investigated by the FBI’s Florence Resident Agency.  It is being prosecuted by Trial Attorney Carroll McCabe of the Civil Rights Division and Assistant U.S. Attorneys Daniel Fortune and Xavier O. Carter Sr. of the Northern District of Alabama.

FORMER DETENTION OFFICER CHARGED WITH USING EXCESSIVE FORCE

FROM:  U.S. JUSTICE DEPARTMENT
Thursday, June 18, 2015
Former DeKalb Detention Officer Charged with Using Excessive Force on County Inmates
Hamilton Allegedly Tased Inmates Without Justification and Wrote False Reports to Cover Up Abuse

Dwight Hamilton, 51, of Atlanta, Georgia, a former sergeant with the DeKalb County Sheriff's Office, was arraigned today on charges of using excessive force against inmates at the DeKalb County Jail and for writing false reports about the incidents, announced Principal Deputy Assistant Attorney General Vanita Gupta of the Civil Rights Division, U.S. Attorney John Horn of the Northern District of Georgia and Special Agent in Charge Britt Johnson of the Federal Bureau of Investigation (FBI).

According to the indictment and other information presented in court, Hamilton worked as a supervisory officer at the DeKalb County jail from 2005 to 2012, where, on two separate dates in January 2012, he used his taser multiple times on inmates without justification.  The indictment charges that in both instances, Hamilton’s use of excessive force violated the inmates’ constitutional rights and resulted in bodily injury.  The indictment also alleges that, following each of the tasing incidents, Hamilton wrote a false report with the intent to impede an investigation.

Hamilton was arraigned before Magistrate Judge Janet F. King.

Members of the public are reminded that the indictment only contains charges.  The defendant is presumed innocent of the charges and it will be the government’s burden to prove the defendant’s guilt beyond a reasonable doubt at trial.

This case is being investigated by the FBI and is being prosecuted by Trial Attorney Christopher Perras of the Civil Rights Division and Assistant U.S. Attorney Brent Alan Gray.

POLICE OFFICIALS, DEPUTY INDICTED ON CHARGES OF EXCESSIVE FORCE AND OBSTRUCTION OF JUSTICE

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, July 9, 2014

Georgia Police Officials and Former Deputy Indicted by Federal Grand Jury on Charges of Excessive Force and Obstruction of Justice

The Department of Justice announced today that a federal grand jury in the U.S. District Court for the Middle District of Georgia returned indictments charging four law enforcement officers with civil rights violations and obstruction of justice in connection with an incident that occurred at Bainbridge BikeFest in 2012.  A seven count indictment was returned charging former Grady County Sheriff’s Deputy Wiley Griffin IV and Decatur County Sheriff’s Office Captain Elizabeth Croley with violating an individual’s civil rights.  Additionally, Croley, Decatur County Sheriff’s Deputy Christopher Kines and former Decatur County Sheriff’s Deputy Robert Wade Umbach were charged with obstructive conduct relating to the investigation into the civil rights violation.  

The indictment charges that Griffin used excessive force during the arrest of a civilian, A.P., at the Bainbridge BikeFest motorcycle event in Bainbridge, Georgia, on Sept. 15 to 16, 2012, thereby violating A.P.’s civil rights.  As a result of the assault, A.P. sustained injuries to his face, including cuts, bleeding, swelling and bruising.

The indictment also charges Croley, Kines and Umbach with writing false reports to cover up the assault.  In addition, Kines and Umbach were charged with making misleading statements to the FBI to obstruct the agency’s investigation into the use of force against A.P.

In addition, the indictment charges Croley with violating A.P.’s constitutional right to a fair trial by intentionally withholding material exculpatory evidence from the District Attorney’s office, and, in turn, from A.P.’s criminal defense attorney, during prosecution of A.P. arising from the arrest at BikeFest.

The civil rights charge against Griffin carries a statutory maximum sentence of 10 years in prison.  The civil rights charge against Croley carries a statutory maximum sentence of one year in prison.  Additionally, Croley, Kines and Umbach face a statutory maximum sentence of 20 years in prison for their falsification of reports, and Umbach and Kines face a statutory maximum sentence of 20 years in prison for making misleading statements to obstruct justice.
 
This case is being investigated by the FBI and is being prosecuted by Trial Attorneys Christine M. Siscaretti and Risa Berkower of the Justice Department’s Civil Rights Division, with support from the U.S. Attorney’s Office for the Middle District of Georgia.

An indictment is a formal accusation of criminal conduct, not evidence of guilt.  The defendants are presumed innocent unless and until proven guilty.

FORMER DETECTIVE INDICTED FOR USING EXCESSIVE FORCE AGAINST ARRESTEE

FROM:  U.S. JUSTICE DEPARTMENT 
Friday, November 8, 2013
Former Belen, N.M., Police Department Detective Indicted for Using Excessive Force Against Arrestee

A federal grand jury in Albuquerque, N.M., has returned a one-count indictment charging former Belen Police Department Detective John Lytle with unlawfully assaulting a victim, identified in the indictment as R.A., during an investigative stop and arrest on March 15, 2012.

Lytle is charged with violating R.A.’s right to be free from unreasonable search and seizure by a law enforcement officer, which includes freedom from the use of excessive force.  The indictment alleges that Lytle unlawfully assaulted R.A. by striking R.A. while R.A. was in handcuffs.  The indictment also alleges that Lytle’s actions resulted in bodily injury to R.A.

Lytle faces a statutory maximum penalty of 10 years in prison for the civil rights violation.
 
An indictment is merely an accusation, and the defendant is presumed innocent unless proven guilty.

This case is being investigated by the Albuquerque Division of the Federal Bureau Investigation.  It is being prosecuted by Assistant U.S. Attorney for the District of New Mexico Mark T. Baker and Trial Attorney Julia Gegenheimer of the Civil Rights Division.

THE REFOR OF THE PUERTO RICO POLICE DEPARTMENT

FROM: U.S. DEPARTMENT OF JUSTICE

Friday, December 21, 2012
Justice Department Enters into Agreement to Reform the Puerto Rico Police Department
The Justice Department (DOJ) today entered into a sweeping agreement with the Commonwealth of Puerto Rico and Governor Luis Fortuño to resolve its civil investigation of the Puerto Rico Police Department (PRPD). The complaint and the agreement were filed today in the U.S. District Court of Puerto Rico, along with a joint motion requesting a temporary stay of the proceedings until April 15, 2013 to provide the incoming administration of Governor-elect Alejandro García Padilla sufficient time to review the agreement.

The comprehensive agreement addresses wide-ranging and ongoing constitutional violations by PRPD that were documented in a lengthy DOJ report issued in September 2011. The department found reasonable cause to believe that PRPD engages in a pattern or practice of use of excessive force, use of unreasonable force designed to suppress protected speech, and unconstitutional searches and seizures. The agreement also addresses allegations that PRPD fails to investigate sex crimes and domestic violence, and engages in discriminatory policing.

"We appreciate the hard work of Governor Fortuño, Superintendent Hector Pesquera, and their staff. Together, and with great input from the public, we have designed a comprehensive blueprint for reform that provides a solid foundation that will professionalize and support the hardworking men and women of PRPD as they protect the people of Puerto Rico," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "We have also met with Governor-elect Garcia-Padilla, who recognizes that constitutional policing and effective policing go hand in hand. We look forward to working with Governor-elect García Padilla and his incoming administration to finalize the agreement and begin the critical work of rebuilding PRPD. Ensuring effective, constitutional policing is not a partisan issue, and we appreciate the commitment of Governor Fortuño and Governor-elect García Padilla to the reforms embodied in the agreement. The successful implementation of the reforms contained in this agreement will help to reduce crime, ensure respect for the Constitution and restore public confidence in PRPD."

Today’s agreement was reached after extensive negotiations with commonwealth officials and their police consultants. The agreement provides a comprehensive blueprint for meaningful, sustainable reform and reflects the input of many community stakeholders from throughout the Commonwealth, including police affinity groups, members of the Puerto Rico business community, students, representatives of the Dominican community, and members of the lesbian, gay, bisexual, transsexual and transgender communities.

The agreement addresses the policies, procedures, training, internal and external oversight, disciplinary systems and information and data integrity mechanisms that caused or contributed to the pattern or practice of misconduct. It also details necessary changes intended to ensure that police services are delivered to the people of Puerto Rico in a manner that is effective, complies with the Constitution, and promotes the community’s trust in PRPD. For instance, the agreement contains provisions that are designed to increase transparency and promote PRPD’s responsiveness to the community, including measures that require regular meetings with community representatives to facilitate cooperation and communication; collection and dissemination of accurate and up-to-date crime statistics; community outreach programs in each PRPD region; and independent and periodic compliance assessments that are available to the public.

The purpose of the joint motion requesting a temporary stay of the proceedings is to provide the incoming administration with a meaningful opportunity to review the agreement. The department and representatives of Governor Fortuño have met independently with Governor-elect García Padilla and his transition team to brief them on the investigation’s findings and the agreement. The stay, requested until April 15, 2013, will provide Governor-elect García Padilla and his incoming administration with a meaningful opportunity to review the agreement, and either accept it or negotiate necessary changes, before the department and Commonwealth request approval and entry of the agreement as an order. During this period, the department will continue its ongoing outreach into communities across Puerto Rico to seek input and feedback. Once approved and entered by the district court, the agreement will resolve the department’s civil action, and the implementation phase will immediately begin.

DOJ INVESTIGATES ALLEGED EXCESSIVE FORCE USE BY MIAMI POLIICE DEPARTMENT

The following is an excerpt from the Department of Justice website:

The following excerpt is from the Department of Justice website:

Thursday, November 17, 2011
“Justice Department Opens Investigation into the Miami Police Department
MIAMI– The Justice Department announced today that it has opened a civil investigation into allegations of excessive use of deadly force by members of the city of Miami Police Department (MPD), in accordance with the pattern or practice provision of the Violent Crime Control and Law Enforcement Act of 1994.
The department’s investigation will seek to determine whether there are systemic violations of the Constitution or federal law by officers of MPD. During the course of the investigation, the Justice Department will consider all relevant information, particularly the efforts that MPD has undertaken to ensure compliance with federal law and the experiences and views of the community. The Justice Department has taken similar steps involving a variety of state and local law enforcement agencies, both large and small, in jurisdictions such as Newark, N.J.; Seattle; Puerto Rico; New Orleans; and the District of Columbia.
This matter is being investigated by attorneys and staff from the Special Litigation Section of the Department of Justice’s Civil Rights Division and the U.S. Attorney’s Office for the Southern District of Florida. They will be assisted by experienced law enforcement experts.”

JUSTICE DEPARTMENT SAYS SEATTLE POLICE DEPARTMENT HAS USED EXCESSIVE FORCE AND VIOLATED FEDERAL LAW

The following excerpt is from the Department of Justice website:

December 16, 2011
“WASHINGTON – Following a comprehensive investigation, the Justice Department today announced its findings that the Seattle Police Department (SPD) has engaged in a pattern or practice of excessive force that violates the Constitution and federal law.  A letter detailing the findings was delivered to Seattle Mayor Michael McGinn and Police Chief John Diaz.

The investigation, launched on March 31, 2011, and conducted by the Civil Rights Division’s Special Litigation Section and the U.S. Attorney’s Office for the Western District of Washington, focused on whether SPD engages in unconstitutional or unlawful policing through either (1) the use of excessive force or (2) discriminatory policing.  The Justice Department found reasonable cause to believe that SPD engages in a pattern or practice of excessive force, in violation of the Fourth Amendment of the U.S. Constitution and the Violent Crime Control and Law Enforcement Act of 1994.  The Justice Department does not make a finding that SPD engages in a pattern or practice of discriminatory policing, but the investigation raised serious concerns that some of SPD’s policies and practices, particularly those related to pedestrian encounters, could result in unlawful discriminatory policing.  These practices undermine SPD’s ability to build trust among segments of Seattle’s diverse communities.

The Justice Department’s investigation involved an in-depth review of SPD documents, as well as extensive community engagement.  The department reviewed thousands of pages of documents, including written policies and procedures, training materials, and internal reports, data, video footage and investigative files.   Justice Department attorneys and investigators also conducted interviews with SPD officers, supervisors and command staff, and city officials; and conducted hundreds of interviews with community members and local advocates.

Throughout the investigation, the Justice Department provided feedback and technical assistance to SPD, and in response, SPD has already begun to implement a number of remedial measures.   To create lasting reform, SPD must continue to develop and implement new force policies and protocols, and to train its officers on how to conduct effective and constitutional policing.   In addition, SPD must implement systems that ensure accountability, foster police-community partnerships, and eliminate unlawful bias.

“Our investigation has revealed that inadequate systems of supervision and oversight have permitted systemic use of force violations to persist at the Seattle Police Department,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “Our findings should serve as a foundation to reform the police department and to help restore the community’s confidence in fair, just and effective law enforcement.   The problems within SPD have been present for many years and will take time to fix, but we look forward to continuing our positive partnership with the people of Seattle, Mayor Michael McGinn, Police Chief John Diaz, and his officers to create and implement a comprehensive blueprint for sustainable reform.”

“The solution to the problems identified within the Seattle Police Department will require strong and consistent leadership along the chain of command, effective training and policies, and vigilant oversight,” said Jenny A. Durkan, U.S. Attorney for the Western District of Washington. “This investigation and its findings provide a clear path forward.   Ongoing efforts by the city and department to address these findings will not only ensure that obligations under the Constitution are met, but will improve public confidence in the department and enhance its ability to serve the people of Seattle.”

Based on a randomized, stratified and statistically valid sample of SPD’s use of force reports from Jan. 1, 2009, to April 4, 2011, factual findings include:
When SPD officers use force, they do so in an unconstitutional manner nearly 20 percent of the time;
SPD officers too quickly resort to the use of impact weapons, such as batons and flashlights.   When SPD officers use batons, 57 percent of the time it is either unnecessary or excessive;
SPD officers escalate situations, and use unnecessary or excessive force, when arresting individuals for minor offenses.   This trend is pronounced in encounters with persons with mental illnesses or those under the influence of alcohol or drugs.   This is problematic because SPD estimates that 70 percent of use of force encounters involve these populations.
The Justice Department also found that a number of long-standing and entrenched deficiencies have caused or contributed to these patterns or practices of unlawful or troubling conduct, including the following:
Deficiencies in oversight, policies and training with regard to when and how to (1) use force, (2) report uses of force and (3) use many impact weapons (such as batons and flashlights);
Failure of supervisors to provide oversight of the use of force by individual officers, including appropriate investigation and review of uses of force (notably, among the approximately 1,230 use of force reports from January 2009 to April 2011, only five were referred for “further review” at any level within SPD);
Ineffective systems of complaint investigation and adjudication;
An ineffective early intervention system and disciplinary system;
Inadequate policies and training with regard to pedestrian stops and biased policing; and
A failure to collect adequate data to assess biased policing allegations.
Resolution of these findings will require a written, court-enforceable agreement that sets forth remedial measures to be taken within a fixed period of time.

This investigation was conducted jointly by the Special Litigation Section of the Civil Rights Division and the U.S. Attorney’s Office for the Western District of Washington, with the assistance of law enforcement professionals, including former police chiefs.”