DOJ Finds 'Pattern' Of Civil Rights Violations By Mount Vernon Police

MOUNT VERNON, NY — A federal investigation has found a "pattern and practice of unlawful conduct" in the Mount Vernon Police Department.

Damian Williams, the U.S. Attorney for the Southern District of New York, and Kristen Clarke, Assistant Attorney General for the Department of Justice's Civil Rights Division, announced on Thursday that after a comprehensive investigation, the DOJ has concluded that the Mount Vernon Police Department "engages in a pattern or practice of conduct that deprives people of rights secured by the U.S. Constitution and federal law."

In its 35-page report, the DOJ found 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 DOJ also noted its concerns with MVPD's vehicle stop and evidence collection practices, in addition to discriminatory policing in predominantly Black neighborhoods. "Deficiencies in policies, training, supervision, and accountability systems contribute to MVPD's unlawful practices," the DOJ 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," Williams said. "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 investigation, which the DOJ opened on December 3, 2021, was conducted by 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. They 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 DOJ also reviewed MVPD's arrest reports, use-of-force reports, stops, search, and arrest data, policies, training materials, and internal affairs files.

The DOJ also met regularly throughout the investigation with City of Mount Vernon and MVPD officials to provide feedback on their observations.

"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," Assistant Attorney General Kristen Clarke said. "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 DOJ will be conducting outreach to the Mount Vernon community for input on remedies to address the investigation’s findings. Recommendations can be submitted by emailing this address or by calling 1-866-985-1378.

The DOJ also said it will be holding a virtual community meeting on December 16, at 6 p.m. Members of the public are encouraged to attend to learn more about the findings. Registration to join the meeting can be done here.

This 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.

"Today, we received the findings of the DOJ's investigation, and we are committed to digesting the report thoroughly in the coming weeks," Mount Vernon Mayor Shawyn Patterson-Howard said in a statement released on Thursday. "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."

Mount Vernon Chief of Police Marcel Jay vowed to use the report to make improvements.

"The Mount Vernon Police Department remains committed to constitutional public safety," Olifiers said. "Working with the DOJ’s recommendations, we will continue to implement the reforms we initiated prior to the release of the report and strengthen our relationship with the community. We will meet with our community partners regarding the findings of the report to ensure their voices are heard as we work towards a safer community."

Westchester County District Attorney Miriam Rocah, who initially called for DOJ investigation, said she was sad for the community, but hopeful that meaningful reforms will be a lasting legacy of the investigation.

"I’m sad for the Mount Vernon community that they’ve had to experience the conduct detailed in this report," Rocah said. "It is my hope that these findings will lead to improved MVPD oversight, management, and accountability. Not only will it make Mount Vernon and surrounding communities in Westchester County safer, but it will also help rebuild the much-needed trust between law enforcement and the communities we serve."

Rocah sounded the alarm about the practices outlined in the report nearly 4 years ago.

"Upon taking office in 2021, based on my review of MVPD conduct I wrote a letter to the MVPD expressing serious concern that members of the MVPD were illegally performing strip and body cavity searches as a matter of routine procedure, Rocah said I also publicly called upon the DOJ to conduct a pattern and practice civil rights investigation of this and other conduct based on what I had seen and have continued to make referrals to DOJ and MVPD regarding problematic conduct throughout my term."

Rocah said that the misconduct found by the DOJ did nothing to make the community safer.

"Additionally, wrongful convictions for 27 individuals charged by the Mount Vernon Police Department in a 2017 undercover narcotics operation were vacated based on an investigation conducted by my Conviction Review Unit," Rocah said. "The DOJ report relies, in part, upon some of the findings from our CRU investigation."