Justice Department Finds Civil Rights Violations by the Mount Vernon, New York, Police Department

 

Following a comprehensive investigation, the Justice Department announced today that the Mount Vernon, New York, Police Department (MVPD) engages in a pattern or practice of conduct that deprives people of rights secured by the U.S. Constitution and federal law.

Specifically, the Justice Department finds that MVPD:

• Uses excessive force in numerous ways, including by unnecessarily escalating minor encounters and by overusing tasers and closed-fist strikes, particularly against individuals who have already been taken to the ground, are controlled by many officers or are already fully or partially restrained;
• Conducted unlawful strip searches and body cavity searches of individuals until at least 2023; and
• Makes arrests without probable cause.

The department also identified serious concerns with MVPD’s practices regarding vehicle stops and evidence collection, as well as serious concerns that MVPD practices may result in discriminatory policing. Deficiencies in policies, training, supervision and accountability systems contribute to MVPD’s unlawful practices.

“Our investigation into the Mount Vernon Police Department reveals a pattern and practice of unlawful conduct that can and must be addressed,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “While officials have undertaken preliminary actions to address some areas of concern, the city and police department must institute comprehensive measures that will fully and finally bring an end to these unconstitutional practices. It will require commitment and hard work by the leadership of the city and the police department as well as by rank-and-file officers. We stand ready to work with Mount Vernon officials to achieve constitutional policing and to strengthen community trust. Police reform will not happen overnight. Across the country, the department’s investigations, findings reports and resulting reform measures help law enforcement agencies become the departments that their citizens need and deserve.”

“Our investigation has found reasonable cause to believe that MVPD engages in a pattern or practice of conduct that violates the constitutional rights of the citizens it has sworn to protect,” said U.S. Attorney Damian Williams for the Southern District of New York. “The systemic deficiencies we identified have resulted in a pattern of MVPD officers using excessive force; making illegal arrests; and, for many years, regularly conducting unlawful strip searches and body cavity searches.  We are encouraged by the recent steps the City of Mount Vernon and the MVPD have taken that evince a commitment to constitutional policing, and we look forward to continued cooperation to ensure that MVPD keeps its community safe from crime while respecting its citizens’ constitutional rights.”

The Justice Department opened this investigation on Dec. 3, 2021. The investigation was conducted by career attorneys and staff in the Civil Rights Division’s Special Litigation Section and U.S. Attorney’s Office for the Southern District of New York. The department interviewed MVPD command staff and supervisors, patrol officers, police union representatives, Mount Vernon residents, prosecutors from the Westchester County District Attorney’s Office, defense attorneys and local civic associations. The department also reviewed MVPD’s arrest reports, use-of-force reports, stops, search, and arrest data, policies, training materials and internal affairs files.

The department met regularly throughout the investigation with city and MVPD officials to provide feedback on the observations by the department and the department’s policing experts. The city and MVPD cooperated throughout the investigation.

The department conducted this investigation pursuant to 34 U.S.C. § 12601 (Section 12601), which prohibits law enforcement officers from engaging in a pattern or practice of conduct that deprives people of rights protected by the Constitution or federal law.

MVPD has implemented a number of changes since the opening of the investigation. For example, MVPD is working with the city to equip all officers with body-worn cameras and less-lethal weapons. MVPD also has made progress in connection with strip and cavity searches, including by revising its policy and offering training on it. The department’s findings report outlines additional remedial measures necessary to address its findings.

The City has pledged to work cooperatively with the Justice Department to address the findings.

The Justice Department will be conducting outreach to members of the Mount Vernon community for input on remedies to address the investigation’s findings. Individuals may also submit recommendations by email at community.mvpd@usdoj.gov or by phone at 1-866-985-1378.

Since January 2021, the Justice Department has opened 12 investigations into law enforcement agencies pursuant to 34 U.S.C. § 12601, and has been actively monitoring over a dozen agreements with law enforcement agencies that were secured prior to that period. Since 2021, the department has successfully concluded agreements and portions of consent decrees with the Yonkers, New York Police Department; the Albuquerque, New Mexico, Police Department; the Suffolk County, New York, Police Department; the Portland, Oregon, Police Bureau; and the Seattle Police Department.  The department has issued findings reports concerning several agencies including: Louisville, Kentucky, Metro Police Department; the Minneapolis, Minnesota, Police Department; the Phoenix, Arizona, Police Department; the Lexington, Mississippi, Police Department; the Trenton, New Jersey, Police Department; the Memphis, Tennessee, Police Department; and the Worcester, Massachusetts, Police Department.  Investigations are ongoing regarding the Louisiana State Police; the New York City Police Department’s Special Victims Division; the Oklahoma City, Oklahoma, Police Department; and the Rankin County, Mississippi, Sheriff’s Department.

Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt. Additional information about the U.S. Attorney’s Office for the Southern District of New York is available at www.justice.gov/usao-sdny.

The Justice Department will hold a virtual community meeting on Dec. 16 at 6 p.m. ET. Members of the public are encouraged to attend to learn more about the findings. Please register to join the meeting at www.zoomgov.com/webinar/register/WN_jxTvdftFR_KZtUwFvH1ADQ