The report investigated allegations under:
- the Violent Crime Control and Law Enforcement Act of 1994,
- 42 U.S.C. § 14141 ("Section 14141"), and
- Title VI of the Civil Rights Act of 1964,42 U.S.C. §§ 2000d to 2000d-7 and its implementing regulations.
Section 14141 prohibits law enforcement agencies, such as MCSO, from engaging in activities that amount to a pattern or practice of violating the Constitution or laws of the United States. Title VI and its implementing regulations provide that recipients of federal financial assistance, such as MCSO, may not discriminate on the basis of race, color, or national origin.
These laws give the United States the authority to file legal action and obtain the necessary relief to ensure compliance with the Constitution and laws of the United States.
First violation: Racial profiling and unconstitutional policing
Based upon our extensive investigation, we find reasonable cause to believe that MCSO engages in a pattern or practice of unconstitutional policing. Specifically, we find that MCSO, through the actions of its deputies, supervisory staff, and command staff, engages in racial profiling of Latinos; unlawfully stops, detains, and arrests Latinos; and unlawfully retaliates against individuals who complain about or criticize MCSO's policies or practices...
Next, the jail discriminates against Latinos:
We also find reasonable cause to believe that MCSO operates its jails in a manner that discriminates against its limited English proficient ("LEP") Latino inmates. Specifically, we find