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Department of Justice finds Lexington...

Department of Justice finds Lexington police discriminate, use excessive force

By: Frank Corder - September 26, 2024

A Lexington, Miss., police cruiser patrols near the town square, Monday, Aug. 15, 2022. A civil rights and international human rights organization filed a federal lawsuit on Tuesday, against local officials in Lexington, where they say police have "terrorized" residents, subjecting them to false arrests, excessive force and intimidation. (AP Photo/Rogelio V. Solis)

  • The DOJ noted that the City of Lexington and the Lexington Police Department have committed to working cooperatively to address the civil rights violations.

The U.S. Department of Justice has concluded that the City of Lexington and the Lexington Police Department have engaged in a pattern of conduct that deprives people of their rights under the U.S. Constitution and federal law.

Lexington, a town of approximately 1,200 people, is a majority black municipality.

The DOJ made the announcement following an investigation that Attorney General Merrick Garland said “uncovered that Lexington police officers have engaged in a pattern or practice of discriminating against the city’s Black residents, used excessive force, and retaliated against those who criticize them.”

“Today’s findings show that the Lexington Police Department abandoned its sacred position of trust in the community by routinely violating the constitutional rights of those it was sworn to protect,” said Garland in a statement, adding, “Additionally, Lexington’s approach to fines and fees — including unlawfully arresting, jailing, and detaining people based on their failure to pay money without assessing if they can afford to do so — has been devastating for its residents.”

Attorney General Garland went on to say that “being poor is not a crime, but practices like these amount to punishing people for poverty.”

“People in that community deserve better, and the Justice Department is committed to working with them, the City, and the Police Department to make the City safer for all its citizens,” Garland said.

Attorney General Merrick Garland speaks during a news conference at the Department of Justice, Tuesday, Sept. 24, 2024, in Washington. (AP Photo/Mark Schiefelbein)

Specifically, the Justice Department found that the Lexington Police Department unlawfully:

  • Arrests, jails and detains people who cannot pay fines or fees, without assessing their ability to pay;
  • Uses excessive force;
  • Conducts stops, searches and arrests without probable cause, including jailing people on illegal “investigative holds” and arresting people solely because they owe outstanding fines;
  • Imposes money bail without justification or assessment of ability to pay;
  • Jails people without prompt access to court;
  • Violates the rights of people engaged in free speech and expression, including by retaliating against people who criticize the police;
  • Discriminates against Black people; and
  • Operates under an unconstitutional conflict of interest because LPD’s funding depends on the money it raises through its enforcement.

U.S. Attorney Todd Gee for the Southern District of Mississippi said, “No matter how large or small, every police department has an obligation to follow the Constitution.”

The DOJ launched its investigation into the practices of the Lexington Police Department in November 2023 after a civil rights lawsuit was filed in August 2022 alleging that the department was violating citizens’ constitutional rights. 

READ MORE: Department of Justice launches investigation of Lexington Police for alleged civil rights violations

Thursday’s DOJ findings report noted that over the past two years, the Lexington Police Department has made nearly one arrest for every four people in town, primarily for low-level offenses and traffic violations. 

“Many of these arrests were for non-criminal conduct, like owing outstanding fines and using profanity. Most of those arrested are Black people. In 2023, Black people were 17.6 times more likely to be arrested by LPD than white people were, the DOJ report states. “When making low-level arrests, LPD uses tactics normally reserved for serious offenses.”

DOJ went on to say that Lexington’s enforcement strategy has put hundreds of people in debt to the police department.

“In a town of about 1,200 people, the total sum of outstanding fines owed to LPD is more than $1.7 million,” the report states.

The Justice Department said the City of Lexington and the Lexington Police Department cooperated fully with the investigation.

“The City and LPD have committed to working cooperatively with the department to address the violations identified in the department’s findings,” the DOJ announcement read.

To read the full DOJ findings report, click here.

About the Author(s)
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Frank Corder

Frank Corder is a native of Pascagoula. For nearly two decades, he has reported and offered analysis on government, public policy, business and matters of faith. Frank’s interviews, articles, and columns have been shared throughout Mississippi as well as in national publications. He is a frequent guest on radio and television, providing insight and commentary on the inner workings of the Magnolia State. Frank has served his community in both elected and appointed public office, hosted his own local radio and television programs, and managed private businesses all while being an engaged husband and father. Email Frank: frank@magnoliatribune.com