Justice Department Announces Results of Review and Evaluation of the Tulsa Race Massacre

The Justice Department issued a report today on the Tulsa Race Massacre. The report documents the department’s findings, made during its review and evaluation of the Tulsa Race Massacre, undertaken pursuant to the Emmett Till Unsolved Civil Rights Crimes Act. The Civil Rights Division previously announced it was undertaking this review during a Cold Case Convening held on Sept. 30, 2024.

“The Tulsa Race Massacre stands out as a civil rights crime unique in its magnitude, barbarity, racist hostility and its utter annihilation of a thriving Black community,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “In 1921, white Tulsans murdered hundreds of residents of Greenwood, burned their homes and churches, looted their belongings, and locked the survivors in internment camps. Until this day, the Justice Department has not spoken publicly about this race massacre or officially accounted for the horrific events that transpired in Tulsa. This report breaks that silence by rigorous examination and a full accounting of one of the darkest episodes of our nation’s past. This report lays bare new information and shows that the massacre was the result not of uncontrolled mob violence, but of a coordinated, military-style attack on Greenwood. Now, more than 100 years later, there is no living perpetrator for the Justice Department to prosecute. But the historical reckoning for the massacre continues. This report reflects our commitment to the pursuit of justice and truth, even in the face of insurmountable obstacles. We issue this report with recognition of the courageous survivors who continue to share their testimonies, acknowledgement of those who tragically lost their lives and appreciation for other impacted individuals and advocates who collectively push for us to never forget this tragic chapter of America’s history.”   

The report documenting the department’s findings on the Tulsa Race Massacre, examines events that occurred between on May 31 and June 1, 1921, when white Tulsans mounted a concerted effort to destroy a vibrant Black community, remembered today as Black Wall Street. During the massacre, hundreds of Black residents were murdered, their businesses and homes burned to the ground and their money and personal property stolen. Survivors were left without resources or recourse. In the aftermath, the City of Tulsa resisted offers of meaningful help to the victims and utterly failed to provide necessary aid or assistance, and efforts to seek justice through the courts foundered.

Despite the gravity of the department’s findings, it is clear that no avenue of prosecution now exists for crimes that occurred during the massacre — the youngest potential defendants would today be more than 115 years old, and the relevant statutes of limitations expired decades ago. Nevertheless, as the federal government’s first thorough reckoning with this devastating event, our review officially acknowledges, illuminates and preserves for history the horrible ordeals of the massacre’s victims. As antilynching advocate Ida B. Wells said, “The way to right wrongs is to turn the light of truth upon them.” This report aims to do just that.

The Nature of the Review

A team of career lawyers and investigators from the Emmett Till Cold Case Unit of the Criminal Section of the Civil Rights Division conducted the review. Members of the unit spoke with survivors and with descendants of survivors, examined firsthand accounts of the massacre given by individuals who are now deceased, studied primary source materials, spoke to scholars of the massacre and reviewed legal pleadings, books, and scholarly articles relating to the massacre. The team produced a thorough, 123-page, sourced report.

Factual Findings

The review revealed that, on the night of May 31, 1921, a violent attack by as many as 10,000 white Tulsans destroyed Greenwood, a uniquely prosperous Black community. The attack was so systematic and coordinated that it transcended mere mob violence. The review found that the trigger for the violence of the Tulsa Race Massacre was the kind of unfounded condemnation that, at the time, was commonly employed to justify unspeakable treatment of Black men; a white man alleged that a Black man, 19-year-old Dick Rowland, assaulted a white woman who operated an elevator he used. After Rowland’s arrest, a local newspaper then sensationalized the story and, soon, a mob of white Tulsans gathered outside the courthouse, demanding a lynching.

The local sheriff called on Black men from Greenwood, many recently returned from service during World War I, to come to the courthouse to prevent a lynching. The white mob saw this effort to protect Rowland as an unacceptable challenge to the social order. The mob grew. A confrontation broke out, and when someone fired a shot, horrific violence erupted. The Tulsa police deputized hundreds of white residents, many of whom — immediately before being awarded a badge — had been drinking and agitating for Rowland’s murder. Law enforcement officers helped organize these special deputies — as well as other white Tulsans — into the forces that would eventually ravage the Greenwood community.

Violence was initially unorganized and opportunistic. But at daybreak on June 1, a whistle blew, and the violence and arsons that had been chaotic became systematic. White Tulsans, many of whom had recently drilled together as the “Home Guard,” formed to replace members of the National Guard who had gone overseas during the Great War, became organized and efficient in their destruction. They looted, burned and destroyed 35 city blocks while Greenwood’s residents tried desperately to defend their homes. As the fires consumed Greenwood, many Black families fled for their lives, leaving behind their homes and valuable items. White residents chased them across and beyond the city, taking into custody men, women, children, the elderly and the infirm, and looting the homes they left behind. The destruction of the district was total. The survivors were left with little to nothing.

Law enforcement officers (both from the Tulsa Police and the National Guard) disarmed Black residents, confiscated their weapons and detained many in makeshift camps under armed guard. In addition, there are credible reports that at least some law enforcement officers did more than arrest and detain Black men; some participated in murder, arson and looting. After the devastation, city officials promised to help Greenwood rebuild, but the government of Tulsa not only failed to do so, it put up obstacles to residential reconstruction. White local leaders rejected outside aid, claiming they could handle the recovery, but then provided little to no financial support. Instead, claiming the area was best suited for industrial use, they imposed harsh new fire codes that priced residents out of the area.

Legal Findings

The department’s report concludes that, had today’s more robust civil rights laws been in effect in 1921, federal prosecutors could have pursued hate crime charges against the massacre’s perpetrators, including both public officials and private citizens. In addition, if modern interpretations of civil rights laws were in effect in 1921, police officers, public officials and any who acted in concert with such persons could have been prosecuted for willfully violating the civil rights of massacre victims. Many of these legal avenues, however, were not available in 1921. The few avenues for federal prosecution that were available in 1921 were not pursued.

Now, the statute of limitations has expired for all federal civil rights offenses. Moreover, the team could find no living perpetrators, and prosecution under any law (federal or state) would almost certainly be foreclosed by the Constitution’s Confrontation Clause, which requires the government to provide live witnesses who can be cross examined by the accused. Such witnesses would need to have sufficient knowledge to prove a particular defendant’s guilt beyond a reasonable doubt.

The report recognizes that some may find the department’s inability to prosecute a painful or dissatisfying outcome. However, the review recognizes and documents the horrible events that occurred as well as the trauma and loss suffered by the residents of Greenwood. While legal and practical limitations prevent the perpetrators of the crimes committed in 1921 from being held criminally accountable in a court of law, the historical reckoning continues. Legal limitations may have stymied the pursuit of justice, but work continues to ensure that future generations understand the scale and significance of this atrocity.

Following issuance of the report, Assistant Attorney General Clarke will convene with members of the Greenwood District, survivors and descendants of the Tulsa Race Massacre, the Tulsa civil rights community and other stakeholders.

For further information please contact the Office of Public Affairs. If you have information about a civil rights cold case, meaning a hate crime or other civil rights offense that resulted in death and that occurred on or before Dec. 31, 1980, please contact the Civil Rights Division’s Cold Case Unit at Coldcase.Civilrights@usdoj.gov.

Justice Department Sues Mississippi State Senate for Race Discrimination

The Justice Department filed a lawsuit today against the Mississippi State Senate for discriminating against a Black former staff attorney in its Legislative Services Office (LSO). The lawsuit, filed in the U.S. District Court for the Southern District of Mississippi, alleges that the Senate paid her about half the salary of her white colleagues in violation of Title VII of the Civil Rights Act of 1964 (Title VII).

Title VII is a federal statute that prohibits racial discrimination in compensation and other forms of employment discrimination on the basis of sex, race, color, national origin or religion.

“Discriminatory employment practices, like paying a Black employee less than their white colleagues for the same work, are not only unfair, they are unlawful,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Black employee at issue in this lawsuit was paid about half the salary of her white colleagues in violation of federal law. This lawsuit makes clear that race-based pay discrimination will not be tolerated in our economy. Our work to eliminate race-based pay disparities is about promoting compliance with the law and promoting equity and fairness for all workers.”

The department alleges in the complaint that the Senate discriminated against Kristie Metcalfe by paying her significantly less than every other LSO attorney, all of whom were white. The complaint further alleges that Ms. Metcalfe and these other attorneys had substantially the same job responsibilities and yet she was paid less than these attorneys throughout her eight-year tenure. The LSO is a non-partisan office that provides legal services, such as drafting bills, for all members of the Senate. In the 34 years prior to Ms. Metcalfe’s hire, the LSO employed only white attorneys.

The complaint alleges the pay gap between Ms. Metcalfe and her white colleagues began when she was hired and was perpetuated in several additional discriminatory pay actions. In 2011, Ms. Metcalfe was paid a starting salary significantly lower than any LSO attorney in over 30 years. Just one month after her hire, every attorney but Ms. Metcalfe was given a substantial raise, further widening the pay gap and leaving her with a salary less than half of what her white colleagues were earning. In the following years, the Senate consistently paid Ms. Metcalfe many times less than her white colleagues. Finally, near the end of Ms. Metcalfe’s tenure, the Senate hired a white attorney with no previous legislative experience and a similar number of years of legal experience as Ms. Metcalfe at a salary significantly higher than Ms. Metcalfe’s. At a meeting with Senate officials responsible for setting LSO salaries, Ms. Metcalfe complained about the pay disparity with the new hire, but the Senate denied her request for comparable pay.

Through this lawsuit, the department is seeking back pay and compensatory damages for Ms. Metcalfe, in addition to injunctive and other appropriate relief.

The Equal Employment Opportunity Commission (EEOC)’s Jackson Area Office investigated and attempted to resolve Ms. Metcalfe’s charge of discrimination before referring it to the Justice Department for litigation. More information about the EEOC is available at www.eeoc.gov

The full and fair enforcement of Title VII is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division and the Employment Litigation Section is available at www.justice.gov/crt/ and www.justice.gov/crt/employment-litigation-section.

Trial Attorneys Louis Whitsett and Young Choi of the Civil Rights Division’s Employment Litigation Section and Assistant U.S. Attorney James Graves III for the Southern District of Mississippi are handling the case.

Justice Department Secures $8M from Fairway Independent Mortgage Corporation to Address Redlining in Black Communities in Birmingham, Alabama

The Justice Department and Consumer Financial Protection Bureau (CFPB) announced today that Fairway Independent Mortgage Corporation (Fairway) has agreed to pay $8 million and a $1.9 million civil money penalty to resolve allegations that it engaged in a pattern or practice of lending discrimination by redlining predominantly Black neighborhoods in and around Birmingham, Alabama.

Redlining is an illegal practice by which lenders avoid providing credit services to individuals living in communities of color because of the race, color, or national origin of residents in those communities.

With this settlement, the Justice Department’s Combating Redlining Initiative surpassed $150 million in relief for communities of color nationwide that have experienced lending discrimination. This settlement marks the Justice Department’s 15th redlining settlement in three years. Under the Combating Redlining Initiative, the Department has secured a historic amount of relief that is expected to generate over $1 billion in investment in communities of color in places such as Houston; Memphis; Los Angeles; Philadelphia; and Birmingham.

“This settlement, and the over $150 million in relief the Justice Department has secured for communities across the country through our Combating Redlining Initiative, will help to ensure that future generations of Americans inherit a legacy of home ownership that they too often have been denied,” said Attorney General Merrick B. Garland. “This case is a reminder that redlining is not a relic of the past, and the Justice Department will continue to work urgently to combat lending discrimination wherever it arises and to secure relief for the communities harmed by it.”

The Justice Department and CFPB allege that Fairway illegally redlined Black neighborhoods in Birmingham, including through its marketing and sales actions, and discouraged residents of those neighborhoods from applying for mortgage loans. The settlement announced today requires Fairway to provide $7 million for a loan subsidy program to offer affordable home purchase, refinance, and home improvement loans in Birmingham’s majority-Black neighborhoods, invest an additional $1 million in programs to support that loan subsidy fund, and pay a $1.9 million civil penalty to the CFPB’s victims relief fund.

This case is the third redlining enforcement action brought jointly by the Justice Department and the CFPB under the initiative, highlighting the strong partnership between the agencies to root out and address lending discrimination.

“Birmingham lies at the heart of our nation’s civil rights struggle but is also a community that bears the legacy of discriminatory redlining and other exclusionary policies,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This settlement will provide Birmingham’s Black neighborhoods with the access to credit they have long been denied and increase opportunities for homeownership and generational wealth. This settlement makes clear our intent to uproot modern-day redlining in every corner of the country, including in the deep South. With more than $150 million in total relief secured in three short years, our Combating Redlining Initiative is generating real economic opportunity for communities of color while sending a strong message to mortgage lenders, no matter their business model, that discriminatory lending will not be tolerated in America.”

“The settlement reached with Fairway Mortgage is a win for communities of color here in Birmingham that have historically been denied access to vital economic resources,” said U.S. Attorney Prim Escalona for the Northern District of Alabama. “Our office is committed to ensuring that these communities have equal access to housing and credit resources.”

“The CFPB and Justice Department are holding Fairway accountable for redlining Black neighborhoods,” said CFPB Director Rohit Chopra. “Fairway’s unlawful redlining discouraged families from seeking loans for homes in Birmingham’s Black neighborhoods.”

Fairway is a non-depository mortgage company headquartered in Madison, Wisconsin. In 2022, Fairway was the nation’s fifth-largest lender by origination volume and ninth-largest by application volume. Fairway operates in the Birmingham area under the trade name MortgageBanc.

The complaint describes how Fairway redlined majority-Black neighborhoods in the Birmingham Metropolitan Statistical Area (Birmingham MSA). During the period covered by the complaint, the Birmingham MSA included six counties in north central Alabama with a combined population of about 1.1 million. While Fairway claimed to serve the entire metropolitan area, it concentrated all its retail loan offices in majority-white areas, directed less than 3% of its direct mail advertising to consumers in majority-Black areas, and for years discouraged homeownership in majority-Black areas by generating loan applications at a rate far below its peer institutions.

The Justice Department and CFPB allege that Fairway violated the Fair Housing Act, Equal Credit Opportunity Act, and Consumer Financial Protection Act. Specifically, the government alleges problematic conduct by Fairway including:

• Failing to address known signs of discrimination: Fairway’s own data showed that, since at least 2017, it was failing to serve majority-Black neighborhoods in the Birmingham area, but before October 2022, it took no meaningful actions to address redlining risk. Between 2018 and 2022, only 3.7% of Fairway’s applications were for properties in majority-Black areas, compared to 12.2% for Fairway’s peer lenders. In other words, Fairway’s peer lenders generated applications for properties in majority-Black areas at over three times the rate of Fairway. This disparity was even higher in neighborhoods with 80% or more Black residents, where Fairway made loans at less than one-eighth of the rate of its peer lenders. Despite these figures, Fairway failed to adopt any written plan for marketing or growth to address the concern.
• Redlining Black neighborhoods: From 2015 through 2022, Fairway operated three retail loan offices and three loan production desks within real estate offices in the Birmingham MSA, all of which were in majority-white areas. Fairway also relied on referrals from real estate professionals and its loan officers’ personal contacts to generate applications, and the vast majority of Fairway’s referral sources and referred consumers were located in majority-white areas. Fairway predominantly directed its marketing to majority-white areas and failed to train or incentivize its existing loan officers to better serve majority-Black areas. By taking these actions, Fairway discriminated against, and unlawfully discouraged mortgage loan applications for properties in, majority-Black neighborhoods.

The proposed consent order, which awaits approval by the Federal District Court for the Northern District of Alabama, would require Fairway to:

• Provide $7 million for a loan subsidy program: The order would require Fairway to offer home purchase, refinance, and home improvement loans on a more affordable basis than otherwise available in majority-Black neighborhoods in the Birmingham MSA. The program may provide lower interest rates, down payment assistance, closing cost assistance, or payment of initial mortgage insurance premiums.
• Invest at least $1 million in redlined neighborhoods: Fairway would be required to open or acquire a new loan production office or full-service retail office in a majority-Black neighborhood in the Birmingham MSA. The company must also spend at least $500,000 on advertising and outreach, at least $250,000 on consumer financial education, and at least $250,000 on partnerships with one or more community-based or governmental organizations to serve the affected neighborhoods.
• Pay a $1.9 million penalty: The proposed order imposes a $1.9 million civil penalty against Fairway, which would be paid into the CFPB’s Civil Penalty Fund, also referred to as the victims’ relief fund.

Information about the Justice Department’s fair lending enforcement work can be found at www.justice.gov/fairhousing. Individuals may report lending discrimination by calling the Justice Department’s housing discrimination tip line at 1-833-591-0291 or submitting a report online.

Consumers can submit complaints about financial products and services by visiting the CFPB’s websiteor by calling (855) 411-CFPB (2372).

Employees who believe their company has violated federal consumer financial protection laws are encouraged to send information about what they know to whistleblower@cfpb.gov. To learn more about reporting potential industry misconduct, visit the CFPB’s website

Justice Department to Monitor Compliance with Federal Voting Rights Laws in Portage County, Ohio

The Justice Department announced today that it will monitor compliance with federal voting rights laws in Portage County, Ohio, during the early voting period and on Election Day.

The Justice Department enforces the federal voting rights laws that protect the rights of all citizens to access the ballot. The department regularly deploys its staff to monitor for compliance with federal civil rights laws in elections in communities all across the country. In addition, the department also deploys federal observers from the Office of Personnel Management, where authorized by federal court order.

Voters in Portage County have raised concerns about intimidation resulting from the surveillance and the collection of personal information regarding voters, as well as threats concerning the electoral process. Attempted or actual intimidation, threats or coercion directed toward any person for voting and related activities or urging or aiding others in voting is prohibited by Section 11(b) of the Voting Rights Act of 1965. 

The Civil Rights Division’s Voting Section, working with U.S. Attorneys’ Offices, enforces the civil provisions of federal statutes that protect the right to vote, including the Voting Rights Act, National Voter Registration Act, Help America Vote Act, Civil Rights Acts and Uniformed and Overseas Citizens Absentee Voting Act.

Reports related to voter intimidation in Portage County and complaints about any other possible violations of federal voting rights laws can be submitted through the Civil Rights Division’s internet reporting portal at www.civilrights.justice.gov or by telephone at 1-800-253-3931. More information about voting and elections, including guidance documents and other resources, is available at www.justice.gov/voting. Learn more about the Voting Rights Act and other federal voting laws at www.justice.gov/crt/voting-section.

Justice Department’s Civil Rights Division Highlights Efforts to Combat Hate Crimes Targeting Black People

Next month is the 15th anniversary of the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act, a landmark law that the Justice Department’s Civil Rights Division has used since 2009 to prosecute those who commit hate crimes. Over the next several months, the Civil Rights Division will highlight their work to combat hate crimes. Today’s blog post will discuss their work in combating hate crimes that target Black people.

In announcing the hate crime prosecution of the man accused of murdering 10 Black people in June 2022 at the Tops Supermarket in Buffalo, New York, and wounding three other people, Attorney General Merrick B. Garland observed that “The Justice Department was founded more than 150 years ago with the first principal task of protecting Black Americans — and our democracy — from white supremacist violence. Today, we approach that task with the same degree of urgency as we did then.”

Also in June 2022, Assistant Attorney General Kristen Clarke of the Civil Rights Division, emphasized the importance of this mission: “From the thousands of lynchings of Black people, to the deaths of Emmett Till, the four little girls killed at the bombing of the 16th Street Baptist Church and James Byrd, to the nine peaceful worshippers gunned down in Charleston, South Carolina, to the senseless murder of Ahmaud Arbery — racially motivated violence is a stain on our nation’s history.”

And, addressing the convictions of three men in February 2022 who killed Ahmaud Arbery just because he was Black, Attorney General Garland affirmed that “The Justice Department does have the authority — and will not hesitate to act — when individuals commit violent acts that are motivated by bias or hatred.”

A key source of the authority the Attorney General was citing is the Matthew Shepard & James Byrd Jr. Hate Crimes Prevention Act. That statute and a broad array of other federal laws provide the Justice Department multiple tools to hold perpetrators of hate crimes accountable. One of the namesakes of the Act, James Byrd Jr., was murdered 26 years ago in Jasper, Texas, by three white men, two of them avowed white supremacists. They chained 49-year-old Byrd by the ankles to the back of a pick-up truck, dragged him nearly three miles to his death and then abandoned his decapitated, mutilated body.

This hate crimes statute is a fitting legacy for Mr. Byrd.

One of the tools the Shepard-Byrd Act creates is 18 U.S.C. § 249. That provision authorizes the Justice Department to prosecute anyone who causes or attempts to cause bodily injury using a firearm, dangerous weapon, fire or an explosive or incendiary device “because of the actual or perceived race, color, religion or national origin of any person.” The punishments for violating this provision are substantial, including, in certain circumstances, the death penalty. That was one of the statutes invoked against the Buffalo shooter and the killers of Ahmaud Arbery.

The department has other tools at its disposal as well. Under 18 U.S.C 245 (1967), it can charge violent interference with federally protected rights because of the victim’s race or color. It can bring hate crime charges under the Fair Housing Act (1968), Damage to Religious Property Act, also known as the Church Arson Prevention Act (1996) or Emmett Till Antilynching Act (2022). And the Ku Klux Klan Act has been on the books since 1871.

Here are just a few examples of the department’s hate crimes prosecutions from the first eight months of 2024:

• In July, a Kansas man pleaded guilty to two counts of interference with federally protected activities, two counts of interstate threats and one count of interference with housing for brandishing a firearm and using racial slurs to threaten two Black juveniles, using his firearm to threaten a Black adult who intervened to support the children and threatening to hurt or kill any Black person who visited a white woman in her home.
• In June, a Michigan man was sentenced to 26 months in prison for conspiring with his co-members of a white supremacist group to threaten Black and Jewish people in the exercise of their rights.
• In April, a man in Florida was sentenced to five years in prison for attacking two Black women with a gun.
• In March, a man in Maine pleaded guilty to sending racist death threats to a Black family living in his apartment complex.
• In February, a South Carolina man was convicted of killing a Black transgender woman.

In 2023 as well, the department vigorously prosecuted hate crimes involving violence or threats against Black people. Those cases included:

• In December, we charged a Florida man with a federal hate crime for murdering a Black man in the Kansas City, Missouri, area.
• In October, we charged a Georgia man for making racially motivated threats and shooting at his neighbor, a Black man, in violation of the criminal provisions of the Fair Housing Act.
• In October, a Florida man was sentenced for using his car to attack a group of Black men who were surveying land for a possible memorial regarding the 1923 Rosewood Massacre in Florida.
• In July, an Oklahoma man was sentenced to 10 years in prison for a racially motivated attack on a Black victim in Shawnee, Oklahoma.

This is a small sample of the many similar cases the department brought in 2023. Since January 2021, the department has charged more than 140 defendants with bias-motivated crimes in more than 125 cases. Most of these hate crime prosecutions have involved violence or threats against Black Americans. These totals do not include the other matters the department has handled involving bias against Black people, including findings of racial discrimination by police departments in Minneapolis, Louisville, Kentucky, and Phoenix, among others.

Prosecutions alone are not enough in the work to combat hate. Separate and apart from the laws used by the Justice Department to prosecute perpetrators of hate crimes, the Justice Department has also taken steps to improve hate crime reporting, encourage better data collection and expand public education campaigns concerning hate crimes, especially at the state and local levels. Laws like the COVID-19 Hate Crimes Act and Jabara-Heyer NO HATE Act (2021) have helped strengthen outreach and data-collection efforts across the country.

The Civil Rights Division — indeed, the entire nation — is profoundly indebted to the many heroes of the Civil Rights Movement, both leaders and foot soldiers, who sacrificed so much to advance racial justice in this country. We are determined to honor their sacrifices and to redeem their legacy by combatting bigotry, including hate crimes against Black people, wherever it rears its ugly head. We have done that, and we will continue along that path.

NAACP Statement on DOJ Louisville Police Report

Following the release of a Department of Justice report finding a pattern of unconstitutional behavior by routinely using excessive force within the Louisville Metro Police Department, and the announcement of an investigation into the Memphis Police Department, NAACP President & CEO, Derrick Johnson released this statement:

"While Congress continues to fail our country with police reform, at least the Department of Justice is taking their jobs seriously. Today marks a meaningful step toward police accountability and — should Congress now decide to step up — police reform. The findings from their investigation into the Louisville Police Department provide clear evidence for what we've already known - we are dealing with a rotten tree, not a few bad apples. The NAACP applauds Attorney General Merrick Garland and the dedicated officials at the Department of Justice for continuing their pursuit of justice, and will remain committed to following the newly launched investigation into the Memphis Police Department. Congress should take a page from their book, do their jobs, and pass the legislation necessary to save innocent lives."

JUSTICE DEPARTMENT FINDS CIVIL RIGHTS VIOLATIONS BY THE LOUISVILLE METRO POLICE DEPARTMENT

Following a comprehensive investigation, the Justice Department announced that the Louisville Metro Police Department (LMPD) and the Louisville/Jefferson County Metro Government (Louisville Metro) engage in a pattern or practice of conduct that violates the U.S. Constitution and federal law. The Department also announced that it has entered into an agreement in principle with Louisville Metro and LMPD, which have committed to resolving the department’s findings through a court-enforceable consent decree with an independent monitor, rather than contested litigation.

United States Reaches Agreement on Proposal with City of Jackson and State of Mississippi on Interim Solution to Jackson Water Crisis

The United States filed a proposal in federal court that — if approved by the court — would appoint an Interim Third Party Manager to stabilize the city of Jackson, Mississippi’s public drinking water system, and build confidence in the system’s ability to supply safe drinking water to the system’s customers. The city and the Mississippi State Department of Health (MSDH) have signed this order and agreed to its terms. At the same time, the Justice Department, on behalf of U.S. Environmental Protection Agency (EPA), filed a complaint against the city alleging that the city has failed to provide drinking water that is reliably compliant with the Safe Drinking Water Act (SDWA) to the system’s customers. 

The proposal, which was called a “proposed stipulated order” in court filings, is meant to serve as an interim measure while the United States, the city, and MSDH attempt to negotiate a judicially enforceable consent decree to achieve long-term sustainability of the system and the city’s compliance with the SDWA and other relevant laws.  

“Today the Justice Department is taking action in federal court to address long-standing failures in the city of Jackson’s public drinking water system,” said Attorney General Merrick B. Garland. “The Department of Justice takes seriously its responsibility to keep the American people safe and to protect their civil rights. Together with our partners at EPA, we will continue to seek justice for the residents of Jackson, Mississippi. And we will continue to prioritize cases in the communities most burdened by environmental harm.”

“Over the past year, I’ve had the privilege to spend time with people on the ground in Jackson – many who’ve struggled with access to safe and reliable water for years," said EPA Administrator Michael S. Regan. “I pledged that EPA would do everything in its power to ensure the people of Jackson have clean and dependable water, now and into the future. While there is much more work ahead, the Justice Department’s action marks a critical moment on the path to securing clean, safe water for Jackson residents. I’m grateful to the Attorney General for his partnership and commitment to this shared vision.”

“Every American — regardless of where they live, their income, or the color of their skin — deserves access to safe, reliable drinking water,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “For many years now, the people of Jackson have lived in uncertainty — uncertainty about whether, on any given day, the water that flows from their taps will be safe to drink. With our court filings today, we have taken an important step towards finally giving the people of Jackson the relief they so desperately deserve.”

“It is vital that providers of drinking water comply with federal and state laws designed to ensure the safety of the water,” said U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi. “Through this litigation, we will act to ensure that the city of Jackson’s water system will be compliant with the Safe Drinking Water Act and other state and local regulations so that those serviced by the system can have confidence that the water they are consuming is safe. The proposed agreed interim order is a critical first step.” 

The proposal seeks the court’s appointment of an Interim Third Party Manager that would have the authority to, among other things:

• Operate and maintain the city’s public drinking water system in compliance with SDWA, the Mississippi Safe Drinking Water Act, and related regulations;
• Take charge of the Water Sewer Business Administration, the arm of the city responsible for billing water users;
• Implement capital improvements to the city’s public drinking water system, in particular, a set of priority projects meant to improve the system’s near-term stability, including a winterization project meant to make the system less vulnerable to winter storms; and
• Correct conditions within the city’s public drinking water system that present, or may present, an imminent and substantial endangerment to the health of the city’s residents. 

This court filing marks the latest efforts to address Jackson’s drinking water crisis, but there is much work still to be done to solve the myriad problems plaguing Jackson’s public drinking water system. On July 29, MSDH issued a boil-water notice for Jackson’s public drinking water system. The next month, the city proclaimed an emergency after excessive rainfall and extreme flooding prevented the system from delivering any water to the approximately 160,000 persons living within the city and in certain areas of nearby Hinds County who rely on the system. That meant that many of those residents had no running water to drink, or to use for basic hygiene and safety purposes like washing hands, showering, flushing toilets, fighting fires, or washing dishes. The water pressure was not restored until Sept. 6, and the boil-water notice remained in effect until Sept. 15.

Learn more information about EPA’s efforts in Jackson to date here.

Mississippi Man Charged with Federal Hate Crime for Cross Burning

The Justice Department announced that Axel C. Cox, 23, has been charged with hate crime and arson violations for burning a cross in his front yard to threaten, interfere with and intimidate a Black family in Gulfport, Mississippi.

According to court documents, Cox is charged with one count of criminal interference with the right to fair housing and one count of using fire to commit a federal felony. The indictment alleges that on Dec. 3, 2020, Cox threatened, intimidated and interfered with a Black family’s enjoyment of their housing rights. According to the indictment, Cox burned a cross in his front yard, and used threatening and racially derogatory remarks toward his Black neighbors. Cox allegedly chose to burn the cross because of the victims’ race.

If convicted, Cox faces up to 10 years in prison for interfering with the victims’ housing rights and a mandatory minimum of 10 years in prison, consecutive to any other sentence, for using fire to commit a federal felony. Cox also faces a fine of up to $250,000 with respect to each charge.

Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division, U.S. Attorney Darren J. LaMarca for the Southern District of Mississippi and Special Agent in Charge Jermicha Fomby for the FBI Jackson Field Office made the announcement.

Assistant U.S. Attorney Andrea Cabell Jones for the Southern District of Mississippi and Trial Attorney Noah Coakley II of the Justice Department’s Civil Rights Division are prosecuting the case.

U.S. Justice Department closes Emmett Till investigation with no new charges

The U.S. Justice Department told relatives of Emmett Till on Monday that it is ending its latest investigation into the 1955 lynching of the Black teenager from Chicago who was abducted, tortured and killed after witnesses said he whistled at a white woman in Mississippi.

Till’s family said it was disappointed by the news that there will continue to be no accountability for the infamous killing, with no charges being filed against Carolyn Bryant Donham, the woman accused of lying about whether Till ever touched her.

“Today is a day we will never forget,” Till’s cousin, the Rev. Wheeler Parker, said during a news conference in Chicago. “For 66 years we have suffered pain. … I suffered tremendously.” The killing galvanized the civil rights movement after Till’s mother insisted on an open casket, and Jet magazine published photos of his brutalized body.

The Justice Department reopened the investigation after a 2017 book quoted Donham as saying she lied when she claimed that 14-year-old Till grabbed her, whistled and made sexual advances while she was working in a store in the small community of Money. Relatives have publicly denied that Donham, who is in her 80s, recanted her allegations about Till.

Donham told the FBI that she had never recanted her accusations and there is “insufficient evidence to prove beyond a reasonable doubt that she lied to the FBI,” the Justice Department said in a news release Monday. Officials also said that Timothy B. Tyson, the author of 2017’s “The Blood of Emmett Till” was unable to produce any recordings or transcripts in which Donham allegedly admitted to lying about her encounter with the teen.

“In closing this matter without prosecution, the government does not take the position that the state court testimony the woman gave in 1955 was truthful or accurate,” the news release said. “There remains considerable doubt as to the credibility of her version of events, which is contradicted by others who were with Till at the time, including the account of a living witness.” Days after Till was killed, his body was pulled from the Tallahatchie River, where it was tossed after being weighted down with a cotton gin fan.

The Emmett Till Unsolved Civil Rights Crime Act requires the Justice Department to make an annual report to Congress. No report was filed in 2020, but a report filed in June of 2021 indicated that the department was still investigating the abduction and killing of Till.

U.S. to pay millions to families, victims of Mother Emanuel AME massacre

The Department of Justice announced that it has reached an agreement in principle to settle the civil cases arising out of the June 2015 Mother Emanuel AME Church mass shooting in Charleston, South Carolina.

These settlements will resolve claims by 14 plaintiffs arising out of the shooting. Plaintiffs agreed to settle claims alleging that the FBI was negligent when it failed to prohibit the sale of a gun by a licensed firearms dealer to the shooter, a self-proclaimed white supremacist, who wanted to start a “race war” and specifically targeted the 200-year-old historically African-American congregation. For those killed in the shooting, the settlements range from $6 million to $7.5 million per claimant. For the survivors, the settlements are for $5 million per claimant. 

The parties have been in litigation since 2016, including before the district court and the federal court of appeals.

“The mass shooting at Mother Emanuel AME Church was a horrific hate crime that caused immeasurable suffering for the families of the victims and the survivors,” said Attorney General Merrick B. Garland. “Since the day of the shooting, the Justice Department has sought to bring justice to the community, first by a successful hate crime prosecution and today by settling civil claims.” 

“The nation grieved following the mass shooting at Mother Emanuel, and no one was more profoundly affected than the families of the victims and the survivors we have reached a settlement with today,” said Associate Attorney General Vanita Gupta. “The department hopes that these settlements, combined with its prosecution of the shooter will bring some modicum of justice to the victims of this heinous act of hate.”

“The department is pleased to bring closure to this long-running litigation,” said Acting Assistant Attorney General Brian M. Boynton of the Justice Department’s Civil Division. “These settlement agreements represent another chapter in the justice system’s efforts to address this horrific event, following the government’s prosecution and conviction of the shooter for federal hate crimes.”

On June 17, 2015, Mother Emanuel congregants welcomed a stranger who had entered their church. They invited him to participate in their Wednesday night bible study. Tragically, at the close of the bible study, the young man they had welcomed killed nine people, including Mother Emanuel’s pastor, Reverend Clementa Pinckney, also a South Carolina State Senator.

The families of the Emanuel Nine, as well as the five survivors who were inside the church at the time of the shooting, sued the government. They sought to recover for wrongful death and physical injuries arising from the shooting. Plaintiffs asserted that the FBI’s National Instant Criminal Background Checks System (NICS) failed to timely discover that the shooter was a person prohibited by federal law from possessing a firearm. Plaintiffs alleged that because of this delay, the shooter was able to purchase the handgun that he used to commit the atrocity.

The FBI and NICS play a crucial role in combatting gun violence. Since this tragic shooting, the FBI has worked to strengthen and improve the background check process. The department and FBI are also actively working to combat gun violence, which is a significant aspect of the department’s comprehensive violent crime reduction strategy. After the shooting, the department prosecuted the shooter for federal hate crimes and obtained a conviction.

Under applicable law, the court must approve the settlements for many of the plaintiffs. All parties expect that the court will agree that these settlements are fair and reasonable. This case was handled by the Justice Department’s Civil Division.

Indiana man accused of burning cross in his yard faces federal hate crime charge

UPDATE 02/13/2021 Read more by clicking here: Indianapolis man pleads guilty to hate crime and unlawful possession of a firearm

The Justice Department announced today that Shepherd Hoehn, 50, has been charged by criminal complaint in federal district court with one count of violating 42 U.S.C. § 3631 for making threats to intimidate and interfere with his African-American neighbor because of the neighbor’s race and because of his use and enjoyment of his property, as well as two counts of violating 18 U.S.C. § 922(g) for unlawfully possessing firearms.

According to documents filed in connection with the complaint, on June 18, 2020, a construction crew began working at the direction of Hoehn’s neighbor to remove a tree from the neighbor’s property. Upon learning of the tree removal, Hoehn became angry and took several steps to intimidate and interfere with his neighbor and the construction workers. Specifically, Hoehn placed and burned a cross above the fence line facing his neighbor’s property; created and displayed a swastika on the outer side of his fence, facing his neighbor’s property; created and displayed a large sign containing a variety of anti-Black racial slurs next to the swastika; visibly displayed a machete near the sign with the racial slurs; loudly played the song “Dixie” on repeat; and threw eggs at his neighbor’s house. On July 1, 2020, the FBI executed of a federal search warrant at Hoehn’s home. During the search, several firearms and drug paraphernalia were located. Agents also discovered that Hoehn was a fugitive from a case in Missouri and unable to lawfully possess firearms.

An indictment is merely an allegation, and the defendant is presumed innocent unless and until proven guilty. If convicted, Hoehn faces a maximum statutory penalty of up to 10 years in prison and a fine of up to $250,000 for each of the three charged offenses.

This case was investigated by the FBI and the Lawrence Police Department. Assistant United States Attorney Brad Shephard of the Southern District of Indiana and Trial Attorney Katherine DeVar of the Civil Rights Division are prosecuting the case.

Rep. Pressley, Senator Booker Lead Congressional Call for Federal Civil Rights Investigation into Ahmaud Arbery Murder

Today, Congresswoman Ayanna Pressley (MA-07), Senator Cory Booker (D-NJ), and more than 80 of their colleagues called on the U.S. Department of Justice (DOJ) to launch a criminal civil rights investigation into the murder of Ahmaud Arbery and an independent investigation into local authorities’ handling of the case. The lawmakers have sent a letter to urge the DOJ to investigate these matters swiftly and thoroughly so that Mr. Arbery’s family can know the truth about what happened to their son.

Read that letter below:

The Honorable Eric S. Dreiband

US Department of Justice

Civil Rights Division

Office of the Assistant Attorney General, Main

950 Pennsylvania Avenue, NW

Washington, DC 20530



Dear Mr. Dreiband,

We write to you today with grave concerns regarding the Ahmaud Arbery case in Glynn County, Georgia. As you know, Mr. Arbery, a 25-year old Black man, was harassed and brutally killed while out for a jog on February 23, 2020. In the days and weeks since his murder, and until very recently, Mr. Arbery’s family had been denied their calls for accountability in their son’s murder.

It is deeply disturbing that until the public release of a video recording depicting the heinous incident – a video that the prosecuting attorney’s office has had in its possession for months – no significant actions were taken to hold the men involved accountable. We are troubled by the length of time it took to not only arrest and charge Gregory and Travis McMichaels in this case, but by reports that have outlined disputes between Glynn County police officers present at the scene and the prosecuting attorney’s office — first assigned to District Attorney (DA) Jackie Johnson and later DA George E. Barnhill, both of whom have subsequently recused themselves due to prior professional relationships with the defendants. According to internal documents, and despite mounting evidence of the McMichaels’ culpability, Mr. Barnhill believed there was “insufficient probable cause” to issue arrest warrants to the McMichaels. This was later contradicted by the Georgia Bureau of Investigation, whom within days of taking over the case from local authorities, issued arrest warrants and charged the McMichaels with murder and aggravated assault. The dereliction of duty by Mr. Barnhill and Ms. Johnson’s offices, and agents involved in this case, must be independently investigated.

No mother or father should have to wait 74 days for known suspects involved in their son’s apparent murder to be taken off the street. Make no mistake, there cannot be true justice in this case, for in a just America, Mr. Arbery would still be alive. However, his family and this nation demand accountability for Mr. Arbery’s death. We are encouraged by the initial steps taken by the Georgia Bureau of Investigation in this case and Georgia Attorney General Chris Carr’s recent call for a federal investigation. The recent announcement by the Department of Justice (“DOJ”), Federal Bureau of Investigation and the U.S. Attorney for the Southern District of Georgia that they would begin assessing evidence of this crime is an encouraging step forward in a case where substantial actions have been delayed.

We strongly support the launch of a federal criminal civil rights investigation into the death of Ahmaud Arbery. Because Georgia does not have a law prohibiting or acknowledging bias-based crimes, the DOJ Civil Rights Division is uniquely suited to investigate whether or not the tragic death of Mr. Arbery was a hate crime, or another violation of federal civil rights law. There must be a fair and independent investigation into the handling of Mr. Arbery’s case to determine any constitutional violations by Glynn County District Attorney’s Office or Police Department.

The history of America lays bare the constant threat of systemic racism and white supremacy that continues to rob this nation of Black lives. Time and time again, this country has witnessed the absence of justice in cases from Trayvon Martin and Eric Garner to Sandra Bland and Freddie Gray. For generations, Black Americans have been forced to doubt the value of their own lives and that of their loved ones under a cloak of presumed guilt and brutality that have long infected their communities. Public outcry should not be the impetus for accountability in a society that promises equal justice for all. The need to rid our country of systemic racism and injustice must always be our guiding light.

DOJ must uphold its duty to conduct oversight of misconduct by law enforcement and local authorities and ensure that every community, particularly those communities where incidents like these occur with impunity, is protected from blatant dismissal and violations of their civil rights. We can and must hold accountable those involved in any wrongdoing. We urge you to swiftly and thoroughly conduct all necessary investigations. Mr. Arbery’s family, and the community that grieves with them, deserve the truth regarding Ahmaud’s tragic death.

Sincerely,


In addition to Congresswoman Pressley and Senator Booker, the letter is also signed by Representatives Alexandria Ocasio-Cortez (NY-14), Tony Cárdenas (CA-29), Pramila Jayapal (WA-07), Marc Veasey (TX-33), Debbie Dingell (MI-12), Eleanor Holmes Norton (DC-00), Ro Khanna (CA-17), Barbara Lee (CA-13), Ilhan Omar (MN-05), Joyce Beatty (OH-03), Wm. Lacy Clay (MO-01), Rashida Tlaib (MI-13), Bobby L. Rush (IL-01), Nydia M. Velázquez (NY-07), Alcee L. Hastings (FL-20), James P. McGovern (MA-02), Ted W. Lieu (CA-33), Eliot L. Engel (NY-16), André Carson (IN-07), Bonnie Watson Coleman (NJ-12), Yvette D. Clarke (NY-09), Joe Neguse (CO-02), José E. Serrano (NY-15), Marcia L. Fudge (OH-11), Nanette Diaz Barragán (CA-44), Seth Moulton (MA-06), Al Green (TX-09), Deb Haaland (NM-01), Jamie Raskin (MD-08), Gwen S. Moore (WI-04), Jan Schakowsky (IL-09), Jackie Speier (CA-14), Mark Pocan (WI-02), Donald S. Beyer Jr. (VA-08), Darren Soto (FL-09), Albio Sires (NJ-08), Terri A. Sewell (AL-07), Earl Blumenauer (OR-03), A. Donald McEachin (VA-04), Bennie G. Thompson (MS-02), Steven Horsford (NV-04), Cedric L. Richmond (LA-02), Frederica S. WIlson (FL-24), Katherine Clark (MA-05), Raul M. Grijalva (AZ-03), Henry C. "Hank" Johnson, Jr. (GA-04), Mike Doyle (PA-18), Emanuel Cleaver, II (MO-05), Eddie Bernice Johnson (TX-30), Anthony G. Brown (MD-04), Zoe Lofgren (CA-19), Danny K. Davis (IL-07), Joseph P. Kennedy, III (MA-04), Andy Levin (MI-09), Peter Welch (VT-00), Carolyn B. Maloney (NY-12), Karen Bass (CA-37), Steve Cohen (TN-09), Jahana Hayes (CT-05) and Lisa Blunt Rochester (DE-00) and Senators Charles E. Schumer (D-NY), Richard J. Durbin (D-IL), Patty Murray (D-WA), Edward J. Markey (D-MA), Chris Van Hollen (D-MD), Bernard Sanders (I-VT), Dianne Feinstein (D-CA), Kirsten Gillibrand (D-NY), Elizabeth Warren (D-MA), Richard Blumenthal (D-CT), Sheldon Whitehouse (D-RI), Mazie K. Hirono (D-HI), Michael F. Bennet (D-CO), Patrick Leahy (D-VT), Tammy Duckworth (D-IL), Amy Klobuchar (D-MN), Kamala D. Harris (D-CA), Christopher A. Coons (D-DE), Thomas R. Carper (D-DE), and Jeffrey A. Merkley (D-OR).