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In December 2016, the U.S. Department of Justice’s (DOJ) Civil Rights Division opened an investigation under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141, into the patterns and practices of the Orange County District Attorney’s Office (OCDA) and the Orange County Sheriff’s Department (OCSD). The investigation focused on custodial informant activity from 2007 through 2016.
The custodial informant program operated by OCDA and OCSD came to light in 2014 in the case People v. Dekraai. In the midst of the Dekraai proceedings, the Orange County District Attorney asked the United States to conduct an investigation of OCDA’s custodial informant practices. The DOJ investigation focused on: (1) whether OCDA and OCSD used custodial informants to elicit incriminating statements from individuals in the Orange County Jail, after those individuals had been charged with a crime, in violation of the Sixth Amendment; and (2) whether OCDA failed to disclose exculpatory evidence about those custodial informants to criminal defendants in violation of the Fourteenth Amendment.
The DOJ issued a findings report in October 2022, in which it found cause to believe that the operation of the custodial informant program systematically violated criminal defendants’ right to counsel under the Sixth Amendment and right to due process of law under the Fourteenth Amendment.
The DOJ and OCDA entered into a settlement agreement on January 15, 2025, under which the District Attorney agreed to implement measures related to the following at OCDA in order to enhance and sustain ongoing reforms on custodial informant practices: (a) policies and procedures; (b) training; (c) document and information systems; and (d) audits and stakeholder engagement. Pursuant to the agreement, the DOJ must conduct a baseline compliance assessment within six months and conduct compliance assessments at least annually thereafter, unless the parties agree to a different timetable for specific provisions. The agreement is set to fully terminate when the parties agree that the district attorney and OCDA have achieved substantial compliance with all provisions and have sustained that substantial compliance for twelve consecutive months. The agreement provides for partial termination of the agreement if, prior to full termination, the district attorney and OCDA were to sustain substantial compliance with all requirements of a particular subsection for twelve consecutive months.
As of February 2025, implementation of the agreement remains in its initial stages.
Summary Authors
Ginny Lee (4/12/2017)
Logan Moore (3/21/2025)
DOJ Investigation of Orange County Sheriff's Department, No Court (None)
Last updated Aug. 30, 2023, 2:26 p.m.
Docket sheet not available via the Clearinghouse.State / Territory:
Case Type(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
This is a DOJ Investigation, conducted jointly with the U.S. U.S. Attorney’s Office of the Central District of California.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
County
Orange County District Attorney’s Office
Orange County Sheriff’s Department
Defendant Type(s):
Case Details
Causes of Action:
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff OR Mixed
Relief Granted:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Issues
General/Misc.:
Case Summary of DOJ Investigation of the Orange County District Attorney’s Office, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/15567/ (last updated 3/21/2025).