Damian Williams, the United States Attorney for the Southern District of New York, and Kristen Clarke, Assistant Attorney General for the Department of Justice’s Civil Rights Division, announced today that the Department of Justice, following a comprehensive investigation, has concluded that the Mount Vernon 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.
Mount Vernon Findings Report by BLACK WESTCHESTER MAGAZINE on Scribd
Specifically, the Department of Justice finds that MVPD:
- Uses excessive force in numerous ways, including by unnecessarily escalating minor encounters, and by excessive use of 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 vehicle stop and evidence collection practices, as well as serious concerns about discriminatory policing in predominantly Black neighborhoods. Deficiencies in policies, training, supervision, and accountability systems contribute to MVPD’s unlawful practices.
U.S. Attorney Damian Williams said: “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. 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.”
Assistant Attorney General Kristen Clarke said: “Our investigation into the Mount Vernon Police Department reveals a pattern and practice of unlawful conduct that can and must be addressed. 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.”
The Department of Justice opened this investigation on December 3, 2021. Career attorneys and staff conducted the investigation in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York and the Civil Rights Division’s Special Litigation Section. The Department interviewed MVPD command staff and supervisors, patrol officers, police union representatives, Mount Vernon residents, Westchester County District Attorney’s Office prosecutors, 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 the City of Mount Vernon and MVPD officials to provide feedback on the observations of the Department and the Department’s policing experts.
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.
The 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.
This is one of 12 investigations into law enforcement agencies opened by the Department of Justice under Section 12601 since April 2021. The Department has issued Section 12601 findings reports regarding seven of those investigations: the Louisville, Kentucky, Metro Police Department; 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. The four other investigations cover the Louisiana State Police; New York City Police Department’s Special Victims Division; the Oklahoma City, Oklahoma, Police Department; and Rankin County, Mississippi, Sheriff’s Department.
The U.S. Attorney’s Office for the Southern District of New York specifically has handled four investigations since the passage of the Violent Crime Control and Law Enforcement Act of 1994, now known as Section 12601. The Southern District of New York successfully concluded its investigation with police practice reforms to the Beacon Police Department in 2010 and to the Yonkers Police Department in 2024. In addition to announcing its findings with regard to the MVPD, the Southern District is continuing its investigation into the New York City Police Department’s Special Victims Division announced on June 30, 2022.
Additional information about the U.S. Attorney’s Office for the Southern District of New York is available at https://www.justice.gov/usao-sdny. Additional information about the Civil Rights Division is available on its website at https://www.justice.gov/crt. Information specific to the Civil Rights Division’s Police Reform Work can be found here: https://www.justice.gov/crt/file/922421/download.
The Justice Department will hold a virtual community meeting on December 16, 2024, at 6:00 p.m. E.T. 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.
The case is being handled by the Civil Rights Unit in the Civil Division of the U.S. Attorney’s Office for the Southern District of New York and the Special Litigation Section of the Civil Rights Division, in Washington, D.C. Assistant U.S. Attorneys Lucas Issacharoff and Jacob Lillywhite and Trial Attorney Nicole Porter are in charge of the case.
