Assistant Attorney General Kristen Clarke Delivers Remarks Announcing the Justice Department Findings of Civil Rights Violations by the Lexington, Mississippi Police Department[...]

Remarks as Prepared for Delivery

Good afternoon. My name is Kristen Clarke, Assistant Attorney General for the Civil Rights Division at the U.S. Justice Department. Joining me is Todd W. Gee, U.S. Attorney for the Southern District of Mississippi.

We are here today to announce the findings from our pattern or practice investigation into the City of Lexington, Mississippi, and the Lexington Police Department.

We find reasonable cause to believe that the Lexington Police Department and the City of Lexington engage in a pattern or practice of conduct that violates the First, Fourth and 14th Amendments of the Constitution, Safe Streets Act and Title VI of the Civil Rights Act of 1964.

Specifically, we find that the Lexington police use excessive force; unlawfully stop, search and arrest people - including by jailing people on illegal "investigative holds" - unlawfully jail people without affording prompt access to court; violate the rights of people engaged in free speech and expression, including by retaliating against critics of the police; and unlawfully discriminate against Black people.

The department also unlawfully arrests, jails and detains people based on their failure to pay money without assessing their ability to pay; unlawfully arrests people just because they owe outstanding fines; and imposes money bail without justification and, again, without assessing ability to pay. The fact that fines and fees fund the department drives its law enforcement, resulting in a crude policing-for-profit scheme. The Lexington Police Department operates under an unconstitutional financial conflict of interest.

Lexington's focus on revenue and its overly aggressive form of policing leaves the people of Lexington harassed, feeling helpless and hopeless. For example, on the day we opened our investigation, Lexington officers chased a man down and tased him until he foamed at the mouth. In the previous months, police officers had repeatedly arrested the man for minor offenses most police departments would have handled with a ticket. For stealing sugar packets from a gas station, the man spent 13 days in jail. He spent four days in jail for taking a second cup of coffee after paying for the first. Each time, the Lexington police kept him in jail because he could not afford to pay the fines or the $50 processing fee Lexington charges for every arrest. Especially for a person in poverty, these fines are no small thing. Even though he has no money, the man owes the Lexington Police Department over $7,500. At no point did the police or city assess his ability to pay those fines.

In America, being poor is not a crime, but in Lexington, their practices punish people for poverty. On Feb. 29, we provided official notice to Lexington city officials and the police department about our concerns regarding illegal arrests and detentions that penalize people for lacking resources. Lexington has made some changes in response to our notice. But, as today's findings show, more meaningful reform is necessary.

Lexington's fines and fees have been absolutely devastating for the people who live there. Although Lexington is in one of the poorest counties in America, people owe the police department $1.7 million in outstanding fines. The Lexington municipal court has issued bench warrants for over 650 people based on unpaid fines - equivalent to roughly half of Lexington's population. Based on these warrants, police officers have unlawfully arrested and jailed people, using the leverage of incarceration to extract more money from them.

Other times, the Lexington police send people to jail for days or weeks for minor offenses. These people wait in jail until they can go before a judge or they can get enough money together to pay their fines. This, too, violates people's civil rights. For example, the Lexington police arrested a Black man for allegedly taking $15 worth of gas. The police told him his fine was $300. He couldn't pay it. The police sent him to jail until the next scheduled court date - two weeks later.

Unjustly enforcing fines and fees creates a two-tiered system of justice that can perpetuate a cycle of poverty. It also fuels a financial conflict of interest for the police department. The police must enforce the law even-handedly, not based on generating revenue. Lexington, though, focused its law enforcement on strategies that generated income, even at times linking officers' paychecks to the number of arrests they made. Over the past two years, Lexington has made nearly one arrest for every four people in town - more than 10 times the per capita arrest rate for Mississippi.

The Lexington police also illegally arrest people for using profanity, and they retaliate against people who film officers or criticize the police. The First Amendment protects swearing, yet the Lexington police broke down a man's back door and arrested him for swearing in a public place. The First Amendment also protects the right to film or criticize officers. But when a man filmed officers approaching his suicidal brother with their guns raised, a police officer batted the man's phone out of his hand, pushed him to the ground and arrested him.

While making arrests, the Lexington police frequently use excessive force. We found instances in which officers used a taser like a cattle prod to punish people or to make them comply more quickly with officers' orders. For example, officers used a taser to shock a Black man 18 times until he was covered in his own vomit and unable to speak or walk. Officers punch, hit or kick people who are unarmed and handcuffed. One officer kicked a Black man in the groin so hard that he wet himself. Another used his gun to repeatedly hit a Black man already in handcuffs. An officer knocked an elderly Black man unconscious. Nor are children spared from attack. An officer grabbed a Black child by the neck and shoved him into a patrol car, banging the child's head against the door frame.

Black people bear the brunt of the Lexington Police Department's illegal conduct. Lexington's former police chief, Sam Dobbins, who regularly spoke disrespectfully to Black men, set in motion the aggressive enforcement of low-level violations. Dobbins left the department when recordings of him using other racial slurs were released. Officials told us that with Dobbins gone, so too was the problem. We found, however, that the discriminatory practices he initiated continue unabated. Lexington officers frequently tase, punch and beat Black people without justification, while we identified no such use of force on white people. Low-level traffic violations that resulted in arrest for Black people yielded only warnings or citations for white people. The result? 98% of people arrested for traffic offenses are Black. This pattern of racial discrimination not only violates the law. It also erodes the community's trust in law enforcement, the judicial system, and the government more broadly.

According to the Bureau of Justice Statistics, half of America's police departments have 10 officers or fewer. Every person in the United States enjoys certain fundamental civil rights, regardless of the size of their town, the contents of their bank account or the color of their skin. Residents of rural and underserved communities have the same rights and deserve the same protection as people who live major cities. The Justice Department is committed to providing that protection. Police misconduct in smaller communities may not always garner national attention, but rest assured, the Justice Department is watching. No city, no town, no law enforcement agency is too large or too small to evade our efforts to safeguard the constitutional rights that every American enjoys. Small and mid-sized police departments must not be allowed to violate people's civil rights with impunity.

To the people of Lexington, I want you to know that we heard you. We listened carefully to your testimonies. We thank you for having the courage to speak out.

The Lexington Police Department and the City of Lexington have agreed to cooperate with the Justice Department to address the challenges we outline today. As we begin the hard, essential work of rebuilding trust and restoring equal justice under law, we need to continue to hear from the Lexington community in the coming days and weeks.

We stand with the people of Lexington to extend justice to all its residents, rich and poor, regardless of their race.

I'll now welcome U.S. Attorney Todd Gee.