University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States v. East Haven PN-CT-0001
Docket / Court 3:12-cv-1652-AWT ( D. Conn. )
State/Territory Connecticut
Case Type(s) Immigration
Policing
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On November 20, 2012, the United States of America filed this lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Town of East Haven and the East Haven Board of Police Commissioners under 42 U.S.C. § 14141. The USA, represented by the Civil Rights Division of ... read more >
On November 20, 2012, the United States of America filed this lawsuit in the U.S. District Court for the District of Connecticut. The plaintiff sued the Town of East Haven and the East Haven Board of Police Commissioners under 42 U.S.C. § 14141. The USA, represented by the Civil Rights Division of the U.S. Department of Justice, asked the court for (1) a declaration that defendants' law enforcement practices violated the U.S. Constitution and 42 U.S.C. § 14141, and (2) an order that defendants cease engaging in such practices, implement procedures to remedy the unlawful policing, and adopt measures to identify, correct, and prevent future unlawful policing.

The complaint alleged the East Haven Police Department ("EHPD") enforced traffic and immigration laws against Latinos in a discriminatory fashion and demonstrated anti-Latino bias through officials' derogatory statements made to that effect. Such practices, according to the complaint, violated the Fourteenth Amendment to the U.S. Constitution, namely the rights to due process and equal protection. The USA further claimed EHPD, in violation of the Fourth Amendment, denied Latinos their constitutional rights by subjecting them to unreasonable searches and seizures, and exposed them to unjustified excessive use of force.

The same day the complaint was filed, the parties--having entered into an Agreement for Effective and Constitutional Policing--filed a Joint Motion for Conditional Dismissal. U.S. District Court Judge Alvin W. Thompson approved the agreement and conditionally dismissed the case on December 21, 2012.

The agreement entailed, among other features, implementing remedial training relating to the use of force, stops and searches and seizures, bias-free policing, supervisory review, and the complaint-review process. As stipulated by the agreement, the parties selected a compliance expert to report on the implementation of the terms of the agreement; the first of such reports was filed July 17, 2013. In a joint status report filed June 28, 2013, the parties noted implementation was proceeding "very well." The agreement was set to run for four years from the effective date of the agreement, but the parties could agree jointly to terminate the agreement at any time, provided that the Town had been in full and effective compliance with this agreement for two consecutive years.

Between 2012 and 2014, the parties file joint motions to amend or correct the agreement a number of times; each was granted by the court. The Town continued to be monitored by a Compliance Expert.

The parties filed a joint notice of replacement of the Independent Joint Compliance Expert, which was approved by the court on August 15, 2014. The most recent compliance report was reviewed and accepted on June 21, 2016, and in September 2016, the parties filed a joint notice of filing of 42-Month Compliance Report. If the agreement lasts the amount of time originally planned, monitoring will last another 6 months, till March 2017.

David Postel - 10/25/2013
Saeeda Joseph-Charles - 11/06/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Unreasonable search and seizure
Content of Injunction
Develop anti-discrimination policy
Monitor/Master
Monitoring
Provide antidiscrimination training
Recordkeeping
Reporting
Defendant-type
Law-enforcement
Discrimination-basis
Immigration status
National origin discrimination
Race discrimination
General
Disparate Impact
Disparate Treatment
Excessive force
Failure to discipline
Failure to supervise
Failure to train
Inadequate citizen complaint investigations and procedures
Language/ethnic/minority needs
Over/Unlawful Detention
Pattern or Practice
Racial profiling
Record-keeping
Search policies
Language
Spanish
National Origin/Ethnicity
Hispanic
Plaintiff Type
U.S. Dept of Justice plaintiff
Causes of Action 42 U.S.C. § 14141
Defendant(s) Town of East Haven
Plaintiff Description United States of America
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2012 - 2016
Case Ongoing Yes
Case Listing PN-CT-0002 : Chacon v. East Haven Police Department (D. Conn.)
Additional Resources
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Links An Interactive Guide to the Civil Rights Division’s Police Reforms
https://www.justice.gov/
Written: Jan. 04, 2017
By: U.S. Department of Justice Civil Rights Division (U.S. Department of Justice)
[ Detail ] [ External Link ]

  Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
[ Detail ] [ External Link ]

  New York City to Pay Up to $75 Million Over Dismissed Summonses
New York Times
Written: Jan. 23, 2017
By: Benjamin Weiser (New York Times)
[ Detail ] [ External Link ]

  Panopticism for Police: Structural Reform Bargaining and Police Regulation by Data-Driven Surveillance
By: Mary D. Fan (University of Washington)
[ Detail ] [ External Link ]

  The Civil Rights Division’s Pattern and Practice Police Reform Work: 1994-Present
https://www.justice.gov/
Written: Jan. 04, 2017
By: U.S. Department of Justice (U.S. Department of Justice)
[ Detail ] [ External Link ]

  What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
[ Detail ] [ External Link ]

Docket(s)
3:12-cv-01652 (D. Conn.)
PN-CT-0001-9000.pdf | Detail
Date: 09/26/2016
Source: PACER [Public Access to Court Electronic Records]
General Documents
Findings Letter: Investigation of East Haven Police Department
PN-CT-0001-0007.pdf | Detail
Date: 12/19/2011
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Department of Justice Releases Investigative Findings on the East Haven, Connecticut, Police Department
PN-CT-0001-0012.pdf | External Link | Detail
Date: 12/19/2011
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Correspondence Re: Investigation of East Haven Police Department
PN-CT-0001-0010.pdf | External Link | Detail
Date: 10/22/2012
Complaint [ECF# 1]
PN-CT-0001-0001.pdf | Detail
Date: 11/20/2012
Source: PACER [Public Access to Court Electronic Records]
Settlement Agreement and [Proposed] Order [ECF# 2-1]
PN-CT-0001-0016.pdf | Detail
Date: 11/20/2012
Source: PACER [Public Access to Court Electronic Records]
Agreement for Effective and Constitutional Policing [ECF# 11]
PN-CT-0001-0004.pdf | Detail
Date: 12/21/2012
Source: PACER [Public Access to Court Electronic Records]
Joint Status Report [Re: Implementation of Settlement Agreement] [ECF# 17]
PN-CT-0001-0005.pdf | Detail
Date: 06/28/2013
Source: PACER [Public Access to Court Electronic Records]
Joint Compliance Expert Report [ECF# 20-1]
PN-CT-0001-0006.pdf | Detail
Date: 07/19/2013
Source: PACER [Public Access to Court Electronic Records]
Agreement for Effective and Constitutional Policing 365 Day Compliance Report
PN-CT-0001-0008.pdf | External Link | Detail
Date: 01/24/2014
Notice of Filing of the 18-Month Compliance Report [With Report Attached] [ECF# 31]
PN-CT-0001-0009.pdf | External Link | Detail
Date: 08/29/2014
Agreement for Effective and Constitutional Policing (Two-Year Comprehensive Report and 24 Month Compliance Report) [ECF# 35-1]
PN-CT-0001-0015.pdf | Detail
Date: 03/24/2015
Source: PACER [Public Access to Court Electronic Records]
Notice of Filing of Joint Compliance Expert's 30 Month Compliance Report [Report Attached] [ECF# 37]
PN-CT-0001-0011.pdf | External Link | Detail
Date: 09/25/2015
Source: PACER [Public Access to Court Electronic Records]
Justice Department Reaches Proposed Agreement with the Town of East Haven, Connecticut, to Resolve Allegations of Misconduct by the East Haven Police Department
PN-CT-0001-0013.pdf | External Link | Detail
Date: 08/17/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Notice of Filing of 42-Month Compliance Report [ECF# 44]
PN-CT-0001-0014.pdf | Detail
Date: 09/26/2016
Source: PACER [Public Access to Court Electronic Records]
Judges Thompson, Alvin W. Court not on record
PN-CT-0001-0004 | PN-CT-0001-9000
Monitors/Masters Ruiz, Rafael (Connecticut)
PN-CT-0001-0015
Plaintiff's Lawyers Austin, Roy L. (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0005
Daly, Deirdre M. (Connecticut)
PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0011 | PN-CT-0001-0014
Fein, David B. (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0010 | PN-CT-0001-0012 | PN-CT-0001-0013 | PN-CT-0001-0016
Fleisher, Aaron S (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0011 | PN-CT-0001-0016 | PN-CT-0001-9000
Gunston, Emily A. (District of Columbia)
PN-CT-0001-0011 | PN-CT-0001-0014
Gupta, Vanita (District of Columbia)
PN-CT-0001-0011 | PN-CT-0001-0014
Gzifa, Anika (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0016 | PN-CT-0001-9000
Holder, Eric H. Jr. (District of Columbia)
PN-CT-0001-0016
Hughes, John B. (Connecticut)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0005 | PN-CT-0001-0011 | PN-CT-0001-0014 | PN-CT-0001-0016 | PN-CT-0001-9000
Kappelhoff, Mark (District of Columbia)
PN-CT-0001-0009 | PN-CT-0001-0011
McConaghy, Michelle Lynn (Connecticut)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0011 | PN-CT-0001-0014 | PN-CT-0001-0016 | PN-CT-0001-9000
Moran, Molly J. (District of Columbia)
PN-CT-0001-0009
Perez, Thomas E. (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0005 | PN-CT-0001-0007 | PN-CT-0001-0010 | PN-CT-0001-0012 | PN-CT-0001-0013 | PN-CT-0001-0016
Rosenbaum, Steven H. (District of Columbia)
PN-CT-0001-0014
Ryals, Stephen M. (Missouri)
PN-CT-0001-0014
Saucedo, Luis E. (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0016
Smith, Jonathan Mark (District of Columbia)
PN-CT-0001-0001 | PN-CT-0001-0004 | PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0011 | PN-CT-0001-0016
Defendant's Lawyers Hall, Shelia J. (Connecticut)
PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0011 | PN-CT-0001-0014 | PN-CT-0001-9000
Sgrignari, Lawrence C. (Connecticut)
PN-CT-0001-0005 | PN-CT-0001-0009 | PN-CT-0001-0011 | PN-CT-0001-0014 | PN-CT-0001-9000

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