Following a comprehensive investigation, US Attorney Damian Williams announced that the Department of Justice 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 US Constitution and federal law.
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.
US 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.”
The Department of Justice opened this investigation on December 3, 2021. Career attorneys and staff conducted the inquiry in the Civil Division of the US 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 Department’s and its policing experts’ observations.
The Department conducted this investigation under 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 contact 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.
Patrick Jean-Jerome, President of the Mount Vernon Police Benevolent Association, stated, “The members of the Mount Vernon Police Department put their lives on the line every day to protect and serve the people of Mount Vernon. They are among the finest; this report does not reflect the whole story.
“While the report highlights issues within the Department, it fails to acknowledge the broader systemic challenges, including the millions of dollars missing from the city of Mount Vernon’s accounts. These missing funds, which belong to the people of Mount Vernon, could and should have been used to train our officers and provide the resources necessary to prevent isolated incidents of misconduct. City officials and state and federal leaders must be held accountable for returning these funds and ensuring they are used for their intended purposes.
“City Hall is cutting back on police supervision, eliminating 22 police positions, and slashing the training budget—putting a large number of inexperienced officers on the street with little support. These decisions compromise public safety and set officers up to fail. It is irresponsible and unjust to highlight issues without addressing the root causes and the role of inadequate funding and leadership.
“The Mount Vernon Police Union fully supports accountability for bad actions, and we are committed to restoring trust with the community. However, we reject any implication that these isolated incidents define our department. The overwhelming majority of Mount Vernon police officers are honorable, dedicated public servants who represent the very best of law enforcement.
Mt. Vernon Mayor Shawyn Patterson-Howard stated, Over the past three years, the City of Mount Vernon Police Department has provided the DOJ with extensive documentation (over 100,000 pages), statistics, and access to its police database, records, and reporting systems. The DOJ also engaged with members of the police department and community to gain a comprehensive understanding of the concerns, complaints and challenges faced.
“Today, we received the findings of the DOJ’s investigation, and we are committed to digesting the report thoroughly in the coming weeks” stated Mayor Shawyn Patterson-Howard. “We will work collaboratively with the DOJ to address findings, areas of concern, build upon our reform efforts, and work diligently to ensure a world-class police department that is responsive to and trusted by our community. We have never run from this issue. We wholeheartedly support our good officers and at the same time will not tolerate and will punish unconstitutional policing. Upon entering office in 2020, our administration identified over 50 unprocessed complaints and inherited a whistleblower case. After review, we sent over a dozen cases to the Westchester County District Attorney’s Office in 2020 and 2021 for further investigation. Additionally, in February 2021, we contracted Special Council for Police Discipline which has resulted in the termination of (3) three police officers, (2) civilian employees (3) stipulations of retirement as well as discipline for multiple officers and civilian employees. There were an additional three officers who were relieved of duty for reasons other than unconstitutional policing.”
“I stand firm on the belief that our police officers and leadership work hard every day to keep our community safe and build public trust. We have driven and embraced reforms, expanded law enforcement and community partnerships, cooperated with the DOJ and will continue to do so. While we may have limited resources; we are committed to securing the funding needed to enhance technology, tools, training and salaries that ensure constitutional policing, retention of good officers and build a world class police department,” said Mayor Patterson-Howard.
Among the most troubling parts of the investigation included strip searches of two women, ages 65 and 75 for a traffic stop. No arrests were ever made
Read the 34-page report at https://www.justice.gov/crt/media/1379866/dl
