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This action is a memorandum of understanding resulting from a complaint received by the United States Department of Justice (DOJ), alleging that the (Delaware) Liberty County Sheriff’s Office (LCSO) conducted a racially discriminatory traffic stop. On May 18, 2022, the DOJ received a complaint from Delaware State University, alleging that LCSO discriminated against its hired driver, athletic coach, and students on the basis of race when it conducted a traffic stop of a bus chartered by the school. The University also alleged that the subsequent searches of the passengers’ personal belongings, conducted using a drug-sniffing dog, violated Title VI of the Civil Rights Act.
The DOJ thereafter opened an investigation and conducted numerous interviews, including with individuals involved in the April 20, 2022 stop, reviewed information provided by LCSO, viewed body camera footage from multiple officers present during the stop, and reviewed publicly available documents. Although LCSO conducted its own investigation and concluded that its officers acted in accordance with applicable law, it nonetheless entered into a Memorandum of Understanding with the DOJ on May 15, 2023 in order to modernize its operations.
Under the agreement, LCSO agreed to review and, where appropriate, revise its policies to better ensure that its prohibition against discriminatory law enforcement action, particularly with respect to traffic enforcement, was clearly stated and consistent with Title VI. LCSO’s proposed policy revisions were to be provided to the DOJ for review and comment. LCSO also offered to meet with the students, driver, and coaches involved in the traffic stop, and the DOJ agreed to help LCSO select a trained and qualified facilitator if the offer was accepted. LCSO also committed to consulting with the DOJ’s Community Relations Service (CRS) to discuss best practices for working with the community, building partnerships, and improving communication with the community to resolve disputes. Mandatory training on non-discriminatory and anti-bias policing was to be conducted on an annual basis for LCSO employees and contractors. LCSO was to provide its proposed training materials to the DOJ for review and comment. LCSO also agreed to mandate that officers collect data on all vehicle stops, whether or not they resulted in the issuance of a citation or arrest. The data was to be analyzed on a quarterly and annual basis to look for possible individual-level, unit-level, or systemic problems. If any review or analysis of the data indicated that a particular officer, unit, or detail was engaging in racial profiling or unlawful searches or seizures, or that there may be systemic problems, LCSO committed to taking reasonable steps to investigate the situation. The agreement was to terminate after two years, assuming substantial compliance, and LSCO was required to meet with the DOJ on a quarterly basis throughout that period to update the DOJ on implementation.
Summary Authors
Simran Takhar (6/27/2023)
Last updated Aug. 30, 2023, 1:29 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Georgia
Case Type(s):
Special Collection(s):
Key Dates
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The U.S. Department of Justice, Civil Rights Division.
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Liberty County Sheriff's Office, County
Defendant Type(s):
Case Details
Causes of Action:
Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.
Constitutional Clause(s):
Unreasonable search and seizure
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Develop anti-discrimination policy
Provide antidiscrimination training
Implement complaint/dispute resolution process
Issues
General/Misc.:
Incident/accident reporting & investigations
Staff (number, training, qualifications, wages)
Discrimination Area:
Discrimination Basis:
Affected Race(s):
Policing: