How does DOJ decide how to resolve a pattern or pratice investigation or lawsuit?
In determining whether a civil action or out of court settlement is warranted, we evaluate whether the available information demonstrates patterns of illegal conduct by agency officers or illegal policies and practices by the agency. We also take into account the extent to which the jurisdiction has been willing and able to implement remedial measures to address deficiencies in training, supervision, management or discipline that we have identified during the course of our investigation. As the Supreme Court has said in the employment discrimination context, a pattern or practice violation exists when police misconduct is the agency’s “standard operating procedure — the regular, rather than the unusual practice.” International Brotherhood of Teamsters v. United States, 431 U.S. 324, 336 (1977). A lawsuit must be authorized by the Assistant Attorney General for the Civil Rights Division. If a lawsuit is authorized, we notify the governmental authority of our determination and findings,
Related Questions
- If DOJ opens a pattern or practice investigation and concludes that there isn a violation or that litigation isn warranted, do you notify the police department?
- How does a law enforcement agency avoid a pattern or practice investigation -- or at least avoid a lawsuit?
- How does DOJ decide how to resolve a pattern or pratice investigation or lawsuit?
