Trinity Mount Ministries

Showing posts with label civil rights. Show all posts
Showing posts with label civil rights. Show all posts

Wednesday, November 25, 2015

DOJ - CELEBRATING ACCESS TODAY: ENFORCING ACCESSIBILITY IN YOUTH SPORTS

Twenty-five years ago, with the passage of the Americans with Disabilities Act (ADA), our nation committed itself to the elimination of discrimination against people with disabilities.  In honor of the 25th anniversary of the ADA, each month, the Department of Justice is highlighting efforts that are opening gateways to full participation and opportunity for people with disabilities.  This month, we spotlight the story of a child named Brahm and how the Department of Justice’s work enforcing the ADA is improving full and equal access to youth athletics in Colorado.  Participating in athletic competition is a formative experience for children across this country, and children with disabilities are entitled to participate equally in youth sports.
Brahm at a Wrestling Tournament
Nine-year-old Brahm has bone dysplasia, also known as dwarfism, which makes him smaller and lighter than other children his age.  In the fall of 2013, when he was seven years old and weighed approximately 34 pounds, Brahm joined a wrestling club in his hometown of Colorado Springs, Colorado.  His doctor had cleared him to wrestle children of a similar weight.  Wrestling tournaments were run by Pikes Peak Wrestling League (PPWL), a youth wrestling league that serves approximately 4,000 children across the state of Colorado.  Initially, for the regular season tournaments, PPWL allowed Brahm to wrestle in the six and under age division, even though he was seven years old, so that he could wrestle with children of a similar weight.  Brahm’s parents explained that Brahm has a disability, dwarfism, and it would be unsafe for him to wrestle children in the eight and under division weighing up to 45 pounds.  When it came to the State Wrestling Championship, however, PPWL refused to allow Brahm to compete in the six and under division.  Consequently, Brahm left the tournament and did not compete.
The United States recently reached a settlement agreement with PPWL that will ensure that, in the future, children with disabilities like Brahm will not be excluded from PPWL’s events.  Under the agreement, which must be approved by the U.S. District Court for the District of Colorado, PPWL will adopt and publicize a disability nondiscrimination policy, including procedures for handling requests to modify policies for wrestlers with disabilities.  PPWL will also train employees on ADA requirements and invite coaches affiliated with PPWL and USA Wrestling Directors to attend this training, free of charge.  In addition, PPWL will pay compensatory damages to Brahm and report to the department on its compliance with the agreement.
Title III of the ADA requires public accommodations, including youth sports leagues like PPWL, to reasonably modify their policies, practices or procedures, when such modifications are necessary to afford their goods, services, facilities, privileges, advantages or accommodations to individuals with disabilities and when such modifications would not fundamentally alter the nature of their goods, services, facilities, privileges, advantages or accommodations.  For more information about the ADA, call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 800-514-0383) or access the ADA website at www.ada.gov.  ADA complaints may be filed by email to ada.complaints@usdoj.gov
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Wednesday, October 24, 2012

Justice Department Files Lawsuit in Mississippi to Protect the Constitutional Rights of Children:


Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, October 24, 2012
Justice Department Files Lawsuit in Mississippi to Protect the Constitutional Rights of Children
Department Seeks Declaratory, Injunctive and Equitable Relief against City of Meridian, Lauderdale County and Mississippi Division of Youth Services
The Justice Department filed a lawsuit today against the city of Meridian, Miss.; Lauderdale County, Miss.; judges of the Lauderdale County Youth Court; and the state of Mississippi alleging that the defendants systematically violate the due process rights of juveniles.  

The litigation seeks remedies for violations of the Fourth, Fifth and 14th amendments of the U.S. Constitution.   The complaint alleges that the defendants help to operate a school-to-prison pipeline in which the rights of children in Meridian are repeatedly and routinely violated. As a result, children in Meridian have been systematically incarcerated for allegedly committing minor offenses, including school disciplinary infractions, and are punished disproportionately without due process of law.   The students most affected by this system are African-American children and children with disabilities. The practices that regularly violate the rights of children in Meridian include:

  • Children are handcuffed and arrested in school and incarcerated for days at a time without a probable cause hearing, regardless of the severity – or lack thereof – of  the alleged offense or probation violation.
  • Children who are incarcerated prior to adjudication in the Lauderdale County system regularly wait more than 48 hours for a probable cause hearing, in violation of federal constitutional requirements.
  • Children make admissions to formal charges without being advised of their Mirandarights and without making an informed waiver of those rights.
  • Lauderdale County does not consistently afford children meaningful representation by an attorney during the juvenile justice process, including in preparation for and during detention, adjudication and disposition hearings.
“ The department is bringing this lawsuit to ensure that all children are treated fairly and receive the fullest protection of the law,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division.   “ It is in all of our best interests to ensure that children are not incarcerated for alleged minor infractions, and that police and courts meet their obligations to uphold children’s constitutional rights.” 

The department issued findings on Aug. 10, 2012 after a comprehensive investigation that began in December 2011.   The department found reasonable cause that the defendants were violating Section 14141 of the Violent Crime Control and Law Enforcement Act of 1994, which prohibits a pattern or practice of deprivation of civil rights in the administration of juvenile justice .   In its findings letter, the department stated its willingness to engage in meaningful negotiations to remedy the identified violations, but defendants did not timely engage in such negotiations.

“It is disappointing that the local and state government agencies involved in the administration of juvenile justice in Lauderdale County have not worked cooperatively with the Justice Department to resolve these violations,” said Gregory Davis, U.S. Attorney for the Southern District of Mississippi.   “The U.S. Attorney’s Office is committed to making sure that children in the Lauderdale County juvenile justice system are treated in accordance with the Constitution.” 

This investigation was conducted by the Civil Rights Division’s Special Litigation Section, working in conjunction  with the U.S. Attorney’s Office for the Southern District of Mississippi.  The Civil Rights Division’s Educational Opportunities Section also has a long-standing school desegregation case against the Meridian Public School District. The district is currently working cooperatively with the department to resolve issues in that case.

The Justice Department, including U.S. Attorney Gregory Davis and Deputy Assistant Attorney General Roy Austin, will be hosting a telephonic community conference call open to members of the public on Thursday, Oct. 25 from 7:30 – 8:30 p.m. CDT.   The purpose of this call is to provide community members with information about the investigation and complaint.   To participate in the call, dial the following toll-free number: 888-989-9731 and when prompted by the operator, provide your name and the pass code: 7015490.

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Civil Rights Division
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Friday, August 24, 2012

Rights of Individuals with Intellectual and Developmental Disabilities:

Justice News Banner
Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Friday, August 24, 2012
Court Approves Comprehensive Agreement Between US and the Commonwealth of Virginia Regarding the Rights of Individuals with Intellectual and Developmental Disabilities:
The U.S. District Court for the Eastern District of Virginia has approved a comprehensive settlement agreement between the United States and the Commonwealth of Virginia, resolving the department’s findings that Virginia’s system for serving people with intellectual and developmental disabilities violated the Americans with Disabilities Act (ADA).  The department had found that Virginia was violating the ADA requirement, as interpreted by the Supreme Court’s decision in Olmstead v. L.C., to provide people with intellectual and developmental disabilities the opportunity to live and receive services in the community. 
As the court noted in its order approving the settlement agreement, it “addresses pressing needs” and “dramatically changes the way Virginia provides services to” individuals with developmental disabilities.  The settlement agreement will provide relief to more than 5,000 people by expanding community services and supports, including Medicaid-funded home and community-based waivers, crisis services, housing and employment supports and by establishing a comprehensive quality management system.  The court further found that the agreement “is completely consonant with the principles set forth in the ADA, as interpreted . . . in Olmstead.” 
The agreement is court-enforceable, and an independent reviewer with decades of experience will monitor the commonwealth’s compliance with the agreement, meet with the parties and stakeholders, and issue regular reports.
The Justice Department and Virginia submitted the agreement for the court’s approval on Jan. 26, 2012.  On March 6, 2012, the court provisionally approved the agreement and solicited public comment on it.  After considering hundreds of submittals from a wide range of stakeholders and conducting a day-long hearing on June 8, 2012, the court determined that the agreement  was “fair, reasonable, and adequate” with limited modifications.  The department and the commonwealth then submitted modifications, and on August 23, 2012, the court formally approved the agreement as modified and entered it as a court order.
“We are pleased that the court, after hearing from thousands of very engaged stakeholders and examining the extensive record, gave final approval to the settlement agreement,” said Thomas E. Perez, Assistant Attorney General for Civil Rights.  “We commend the commonwealth of Virginia, and particularly the leadership of Governor McDonnell and Secretary Hazel, on the commitment they are already demonstrating to fully implementing the agreement. We also appreciate the deep interest and involvement of stakeholders, including those who have long fought for these changes as well as those who raised concerns.” 
“We are committed to ensuring that the agreement is implemented fairly on behalf of all Virginians with intellectual and developmental disabilities.” said U.S. Attorney for the Eastern District of Virginia Neil H. MacBride.
The Civil Rights Division enforces the ADA, which authorizes the Attorney General to investigate whether a state is serving individuals in the most integrated settings appropriate to their needs. Please visit www.ada.gov/olmstead to find the settlement agreement and fact sheet about the agreement, and to learn more about the division’s ADA Olmstead enforcement efforts, and www.justice.gov/crt to learn more about the other laws enforced by the Justice Department’s Civil Rights Division.
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Civil Rights Division

Wednesday, August 15, 2012

Georgia Corrections Officer Pleads Guilty to Assault and Injure Inmates:



Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, August 15, 2012
Second Former Georgia Corrections Officer Pleads Guilty to Conspiring with Other Officers to Assault and Injure Inmates
Darren Douglass-Griffin, 35, a former member of the Correctional Emergency Response Team (CERT) at Macon State Prison (MSP) in Oglethorpe, Ga., pleaded guilty to a two-count bill of information charging him with conspiracy to violate the civil rights of inmates and falsification of records in a federal investigation, the Justice Department and the U.S. Attorney for the Middle District of Georgia announced today.

In connection with his guilty plea, Douglass-Griffin admitted that he and other correctional officers assaulted and injured inmates in a series of incidents at the prison in 2010.   Douglass-Griffin indicated that correctional officers beat three inmates in separate incidents in order to punish them.   One inmate was beaten so severely that he had to be transported from the prison in an ambulance.

Douglass-Griffin further acknowledged that he and other correctional officers tried to cover up MSP officers’ involvement in beating and injuring inmates.   Douglass-Griffin stated that other MSP officers told him to write false reports and to stick to their cover story when speaking with investigators.

Douglass-Griffin faces a maximum penalty of 25 years in prison.  

“The Justice Department will continue to vigorously prosecute correctional officers who violate the constitutional rights of inmates, and use their official position to try to cover up their crimes,” said Assistant Attorney General for the Civil Rights Division Thomas E. Perez.

“We expect the men and women who work in our state prisons to exemplify professionalism and integrity – and the vast majority do,” said Michael J. Moore, U.S. Attorney for the Middle District of Georgia.   “But when a small group of guards violate the civil rights of inmates in the facility and then actively try to cover that up, my office will have no tolerance for their conduct.”

This case is being investigated by the FBI and is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Tona Boyd of the Civil Rights Division of the U.S. Department of Justice, with the assistance of the U.S. Attorney’s Office for the Middle District of Georgia.

Thursday, August 2, 2012

DOJ: FOR IMMEDIATE RELEASE - 8/02/2012



Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Thursday, August 2, 2012
Former Georgia Police Chief Convicted on Federal Civil Rights Violation
A federal jury in Valdosta, Ga., convicted defendant Walter Young, 54, the former chief of the Omega Police Department in Omega, Ga., for physically abusing a man in his custody, the Justice Department announced.
On March 24, 2011, Young, while acting in his capacity as the chief of police, assaulted Alfonso Moreno, a pretrial detainee, by repeatedly slapping and punching him in the head and face while he was fully restrained in a restraint chair, violating the civil rights of the detainee.  The defendant struck the victim eight times, causing him to bleed.  X-rays the next day showed the victim had a broken nose.   The assault was captured on the jail's video surveillance system.  The jury further found that Alfonso Moreno suffered bodily injury as a result of Young’s use of excessive force. 
“Most officers do their job with honor, but this officer abused the authority entrusted to him by his community,” said Assistant Attorney General for Civil Rights Thomas Perez. “The federal government will continue to vigorously prosecute individuals who violate the Constitutional rights of others.”
The defendant faces a maximum penalty of 10 years in prison and a $250,000 fine. Sentencing is scheduled for Oct. 29, 2012, before Judge Hugh Lawson, U.S. District Judge for the Middle District of Georgia.
This case was investigated by the FBI, and is being prosecuted by Special Litigation Counsel Forrest Christian and Trial Attorney Tona Boyd of the Civil Rights Division of the U.S. Department of Justice, with the assistance of the U.S. Attorney’s Office for the Middle District of Georgia.
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Civil Rights Division

Tuesday, November 15, 2011

DOJ - Protecting the Rights of American Indians and Alaska Natives:



Protecting the Rights of American Indians and Alaska Natives

November 15th, 2011 Posted by Tracy Russo
The Civil Rights Division is responsible for enforcing federal laws that protect the rights of American Indians and Alaska Natives, including laws that prohibit discrimination on the basis of race, color, national origin, disability, religion and membership in a language minority group.
These federal laws prohibit discrimination in education, employment, credit, housing, public accommodations, voting, state and local government services, and in certain federally-funded and conducted programs, among other areas.  The division also prosecutes actions under several criminal civil rights laws designed to protect personal liberties and safety.
 During American Indian and Alaska Native heritage month we are proud to highlight work that has protected American Indians and Alaska Natives.
President Barack Obama and Attorney General Eric Holder have made the prosecution of hate crimes a top priority. The Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act of 2009 (HCPA) expanded the division’s ability to prosecute violence motivated by animus toward American Indians because of their race, national origin or color.  Working with U.S. Attorney’s Offices, the Civil Rights Division has prosecuted civil rights crimes victimizing Native Americans through sex trafficking, hate crimes and police brutality. 
In United States v. Beebe, Sanford, and Hatch (PDF), three defendants pleaded guilty in June and August 2011 for their roles in a racially-motivated assault on a 22-year-old Navajo man with a developmental disability.  Their indictment constituted the first time anyone had been charged with violating the HCPA. 
The Civil Rights Division also enforces the Religious Land Use and Institutionalized Persons Act that protects the religious exercise of persons confined to institutions covered by the Civil Rights of Institutionalized Persons Act, including Native American religious beliefs and practices.
In April 2011, the division filed a statement of interest in Limbaugh v. Thompson (PDF), challenging a requirement by the Alabama Department of Corrections that male inmates cut their hair short.  The plaintiffs are adherents to Native American religious practices that mandate that hair be worn long, particularly during a time of mourning.
The Civil Rights Division enforces the civil rights of Native Americans to participate in all parts of the electoral process, including voter registration, running for office, and exercising the right to vote.
Last year, the division signed a memorandum of agreement (PDF) with Shannon County in South Dakota to remedy alleged violations of the Voting Rights Act and the Help America Vote Act.  The agreement provides for a comprehensive Lakota Election Information Program to ensure that election information and materials are translated and disseminated orally in Lakota in a timely manner. It also ensures that limited-English proficient voters receive assistance in Lakota with registration and absentee voting, and that bilingual poll officials are hired and trained.
Further, the agreement ensures that on Election Day each polling place has an operational voting system accessible to persons with disabilities and persons with limited English proficiency, provisional ballots and written verification information, and the required signage. 
The division enforces the civil rights of American Indian students to receive education free of discrimination on the basis of race, national origin, color, religion or English language proficiency.
In March of 2011, the division obtained a resolution agreement with the Arizona Department of Education in which Arizona agreed to rescind its policy of mandating the use of a one-question Home Language Survey.  Instead, Arizona issued a directive that requires all school districts to use a three-question Home Language Survey, which will ensure that all potential English language learner (ELL) students are identified and assessed
 In the wake of the nationwide housing and foreclosure crisis, the Civil Rights Division has made enforcement of fair housing and fair lending laws a top priority.
 The division has created a dedicated fair lending unit in the Housing and Civil Enforcement Section and hired a Special Counsel for Fair Lending.  The division investigates allegations of discrimination in housing sales and rentals, as well as lending and other aspects of credit by entities such as car dealerships, commercial lenders, home lenders, and credit card companies.
The Civil Rights Division also has authority to challenge places of public accommodation, such as hotels, restaurants and movie theaters, which discriminate based on race, color, religion or national origin.
The Civil Rights Division will continue that all Americans are protected and able to live a life free from discrimination.
 For more information, please visit justice.gov/crt