Filed Date: Dec. 30, 2021
Case Ongoing
Clearinghouse coding complete
This case stemmed from the December 6, 2020 traffic stop of a Black and Latino service member whom police pepper sprayed during a stop for a minor traffic violation. The Clearinghouse was unable to locate the original and amended complaints but completed this summary based on news articles. According to WLJA News, on December 30, 2021, Virginia Attorney General Herring’s Office of Civil Rights filed a complaint against the Town of Windsor (“Town”) for violations of the Virginia Public Integrity and Law Enforcement Misconduct Act. The complaint alleged a pattern and practice of misconduct by the Windsor Police Department (“WPD”) before and after the December 6, 2020 traffic stop. The case was assigned to Judge Padrick, Jr.
The Attorney General amended the complaint on August 20, 2022.
According to AP News, the Town initially refuted the allegations and argued that the charges were politically motivated. However, the Town ultimately signed a consent decree with Attorney General Herring’s successor, Attorney General Miyares, on September 7, 2023. The Town released a statement, saying that it still denied the allegations but entered the consent decree to avoid further expense.
The consent decree required the WPD to seek accreditation from the Virginia Law Enforcement Professional Standards Commission and establish a third-party review system for use-of-force complaints or complaints of other serious misconduct by WPD officers. The consent decree also mandated that the WPD conform its training, hiring, and disciplinary procedures to the standards set by Virginia law and the Virginia Law Enforcement Professional Standards Commission. Finally, the consent decree set in place a yearly reporting requirement for the WPD to update the Office of Civil Rights on its progress and behavior.
The parties agreed that the consent decree would last for 36 months or until the WPD obtained accreditation, whichever was longer. As of March 28, 2025, this case was ongoing.
Summary Authors
Maddie Turk (4/5/2025)
Last updated April 22, 2025, 12:31 a.m.
State / Territory: Virginia
Case Type(s):
Key Dates
Filing Date: Dec. 30, 2021
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
The Attorney General of Virginia suing on behalf of the Virginia populace to prevent a pattern or practice of misconduct by the Windsor Police Department.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Town of Windsor (Windsor, Isle of Wight), City
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Implement complaint/dispute resolution process
Issues
General/Misc.:
Staff (number, training, qualifications, wages)
Discrimination Area:
Discrimination Basis:
Affected National Origin/Ethnicity(s):
Affected Race(s):
Policing: