Post by mominatrix on Aug 11, 2012 14:59:58 GMT -5
This is incredibly scary. =========================
Feds: Authorities in Meridian, Miss. Violated Rights of Black Children By Jason Ryan | ABC OTUS News – 22 hrs ago
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The Justice Department's Civil Rights Division has released investigative findings determining that children in predominantly black Meridian, Miss. have had their constitutional rights violated by the Lauderdale County Youth Court, the Meridian Police Department, and the Mississippi Division of Youth Services in what civil rights investigators allege is a school to prison pipeline with even dress code violations resulting in incarceration.
The Justice Department has been investigating the agencies since December 2011 and found that the police department arrests children without probable cause, violating the children's Fourth Amendment protections of unlawful search and seizure.
Also in the findings letter the Civil Rights Division alleges that "Lauderdale County and the Youth Court Judges violate the Fourth, Fifth, and Fourteenth Amendments by failing to provide children procedural due process in the youth court. Lauderdale County, the Youth Court judges, and the Mississippi Division of Youth Services violate the Fifth and Fourteenth Amendments by failing to provide children procedural due process rights in the probationary process."
The Fifth and Fourteenth Amendments protect against abuse of government authority in legal proceedings and fairness of due process rights, respectively.
"The system established by the City of Meridian, Lauderdale County, and DYS to incarcerate children for school suspensions 'shocks the conscience,' resulting in the incarceration of children for alleged 'offenses' such as dress code violations, flatulence, profanity, and disrespect." The Justice Department findings letter noted.
Describing the "school-to-prison pipeline" the Justice Department findings letter noted of the alleged abuses by the police, "By policy and practice, [the Meridian Police Department] MPD automatically arrests all students referred to MPD by the District. The children arrested by MPD are then sent to the County juvenile justice system, where existing due process protections are illusory and inadequate. The Youth Court places children on probation, and the terms of the probation set by the Youth Court and DYS require children on probation to serve any suspensions from school incarcerated in the juvenile detention center."
"The systematic disregard for children's basic constitutional rights by agencies with a duty to protect and serve these children betrays the public trust," said Thomas E. Perez, assistant attorney general for the Civil Rights Division. "We hope to resolve the concerns outlined in our findings in a collaborative fashion, but we will not hesitate to take appropriate legal action if necessary." About 62 percent of Meridian's population is African American, and the Justice Department alleges that mostly African American children and children with disabilities are impacted by the unconstitutional policies.
The Justice Department alleged in its findings letter that two Youth Court Judges have consistently denied civil rights investigators access to information about the policies and practices of the Youth Court.
The Civil Rights Division is seeking to negotiate with Meridian officials on the findings and if an agreement is not reached, the Justice Department can sue them.
The Meridian Police Department declined to comment when contacted by ABC News. ABC News is also awaiting comment from the Mississippi Division of Youth Services, the county court and an attorney representing the city of Meridian.
So, are the juvenile facilities privately owned profit-making institutions or government run? Not that it matters but if they're selling kids for profit that makes it even more heinous. I've heard of similar instances.
ETA: I just Googled. "Lauderdale County Juvenile Center in Meridian, MS is a private company categorized under Juvenile Detention Centers. Our records show it was established in 1975 and incorporated in Mississippi. Register for free to see additional information such as annual revenue and employment figures." Shit, it sounds to me like they're selling children for profit. www.manta.com/c/mmgsdyp/lauderdale-county-juvenile-center
ETA: According to this undated report, the county is taking steps to close the facility and send youthful offenders to a neighboring county. www.jdaihelpdesk.org/News/ClarionLedger.pdf
This article states that closing the facility isn't adequate and they are being ordered to pursue further measures:
The Justice Department letter cites a pattern of unconstitutional conduct that includes both failure to assess probable cause before arresting school children and failure to provide proper due process with regard to alleged probation violations.
A few weeks after the Justice Department investigation began last winter, Lauderdale County took steps to shut down its juvenile detention center and send youthful offenders instead to a neighboring county. That action was apparently considered inadequate, and officials are now being told they must enter into “meaningful negotiations” to end the violations within sixty days or face a federal lawsuit.
ETA: According to this undated report, the county is taking steps to close the facility and send youthful offenders to a neighboring county. www.jdaihelpdesk.org/News/ClarionLedger.pdf
This article states that closing the facility isn't adequate and they are being ordered to pursue further measures:
The Justice Department letter cites a pattern of unconstitutional conduct that includes both failure to assess probable cause before arresting school children and failure to provide proper due process with regard to alleged probation violations.
A few weeks after the Justice Department investigation began last winter, Lauderdale County took steps to shut down its juvenile detention center and send youthful offenders instead to a neighboring county. That action was apparently considered inadequate, and officials are now being told they must enter into “meaningful negotiations” to end the violations within sixty days or face a federal lawsuit.
um. yeah. the problem isn't that they're going to that particular facility, it's that they're going directly from being suspended at school to being put in lock down. with no due process rights along the way.
wow. somebody is giving this town some really bad advice.
ETA: According to this undated report, the county is taking steps to close the facility and send youthful offenders to a neighboring county. www.jdaihelpdesk.org/News/ClarionLedger.pdf
um. yeah. the problem isn't that they're going to that particular facility, it's that they're going directly from being suspended at school to being put in lock down. with no due process rights along the way.
wow. somebody is giving this town some really bad advice.
Yes, I'm aware of the problem. And I don't see shuttling the kids to another facility or giving them ankle bracelets and home incarceration will alleviate it. Shutting down the facility isn't anything more than a "they're pursuing us so we have to make an appearance of an effort. Look, we're closing the facility you have a problem with. Yay!" They need to examine the court system and the judges that are "processing" these children, not just shut down the one facility where they happen to be sending the kids -- for things like passing gas in class, talking back, disrespect and general "whatever the hell we feel like" issues. Honestly, I think the judges are highly culpable (e.g. receiving money from the facility for each child they send there) and the entire system needs to be re-examined and corrections made under federal supervision, not just a facility shut down here only to re-open there.
I should have inserted eyerolls or :sarcasm or something.
um. yeah. the problem isn't that they're going to that particular facility, it's that they're going directly from being suspended at school to being put in lock down. with no due process rights along the way.
wow. somebody is giving this town some really bad advice.
Yes, I'm aware of the problem. And I don't see shuttling the kids to another facility or giving them ankle bracelets and home incarceration will alleviate it. Shutting down the facility isn't anything more than a "they're pursuing us so we have to make an appearance of an effort. Look, we're closing the facility you have a problem with. Yay!" They need to examine the court system and the judges that are "processing" these children, not just shut down the one facility where they happen to be sending the kids -- for things like passing gas in class, talking back, disrespect and general "whatever the hell we feel like" issues. Honestly, I think the judges are highly culpable (e.g. receiving money from the facility for each child they send there) and the entire system needs to be re-examined and corrections made under federal supervision, not just a facility shut down here only to re-open there.
I should have inserted eyerolls or :sarcasm or something.
dude! ITA!
My comment was directed at the officials in MS (because they're totes reading this, dontcha know), not you!
Sorry Mom. I just got up and took my morning pill (yay new drugs. Definitely insert sarsacm there), hadn't eaten or drank anything beyond water because of it, and had a case of fail-to-interpret. At least my response was coherent, which is saying something.
Refresh my memory. I know you're here in the area but are you an attorney? I have you as an L&E attorney in my head. Maybe it's the lack of *good* drugs.