Hot Report: Justice Department Report on Allegations of Discriminatory Policing by East haven Police Department

OLR Report 2012-R-0037 summarizes the U.S. Justice Department's (DOJ) report on the East Haven Police Department.


After a two-year investigation of the East Haven Police Department (EHPD), DOJ found that that EHPD engages in a “pattern or practice” of systematically discriminating against Latinos in violation of the U.S. Constitution and federal law. It also found that “discriminatory policing” is deeply rooted in the department's culture and interferes with its ability to deliver services to the entire East Haven community (DOJ Report pp. 1 & 2).


The investigation sought to determine whether EHPD police officers systematically deprive individuals of their federally protected rights. It focused on whether EHPD police officers engage in discriminatory policing, use excessive force, and conduct unlawful searches and seizures in violation of the U.S. Constitution and federal law.

Specifically, DOJ found reasonable cause to believe that EHPD officers “intentionally target Latinos for disparate traffic enforcement and treatment because of their race, color, or national origin” (DOJ Report, p. 3).

DOJ based its conclusions on the following:

1. a statistical analysis of (a) traffic-stop data from 2009 and 2010 showing that EHPD police target Latino drivers for traffic stops and use non-standard and, in some cases, unacceptable, justifications for stopping them and (2) traffic incident reports showing that officers treat Latinos more punitively than non-Latinos after a traffic stop;

2. serious incidents of abuse of authority and retaliation against critics of the discriminatory treatment of Latinos;

3. failure to remedy a history of discrimination and a deliberate indifference to the rights of minorities, including failure to train, supervise, and discipline officers engaged in unlawful discrimination; and

4. significant deviations from standard police practices that result in covering up or exacerbating the disparate treatment of Latino drivers, including failure to (a) collect and report traffic-stop data required by state law, (b) implement anti-discrimination policies, (c) hold officers accountable through internal investigations, (d) provide limited-English proficient Latinos with appropriate language access, and (e) abide by individuals' consular rights by notifying arrested foreign nationals of their right to contact their consulates.

Although DOJ expressed serious concerns that EHPD engages in unlawful searches and seizures and the use of excessive force, it did not make a formal “pattern or practice finding” but is continuing to review these issues. It also expressed concern that EHPD created a hostile and intimidating environment for people who wished to provide information relevant to the investigation (id at p. 2).

The report includes many remedial measures EHPD must take to correct the deficiencies identified by DOJ. These measures, according to DOJ, will enable EHPD to ensure that it can fairly and effectively police the entire community. According to DOJ, given the longstanding and deeply-rooted nature of the violations, an effective and sustainable resolution will require a comprehensive, written agreement and federal judicial oversight. DOJ says that it will proceed with litigation or terminate certain federal funding if EHPD does not negotiate a judicially enforceable consent decree.

For more information, read the full report.