Month: December 2022

Source: United States Department of Justice News

The Justice Department announced today that it has filed a complaint and a proposed consent decree with the State of Iowa to resolve allegations that conditions at Glenwood Resource Center (Glenwood), an institution for individuals with intellectual/developmental disabilities (IDD), violated the Constitution.

Specifically, the proposed consent decree, which must still be approved by the court, would resolve the department’s claims that the State exposes Glenwood residents to unreasonable harm and serious risk of harm by subjecting them to uncontrolled and unsupervised experimentation, inadequate physical and behavioral health care and inadequate protection from harm, including deficient safety and oversight mechanisms.

“People with disabilities should not be subjected to the kind of unconstitutional conditions and ill treatment that too many have experienced at Glenwood,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This agreement makes clear that the basic constitutional rights of people with intellectual and developmental disabilities living in state-run facilities must be protected. Our agreement will ensure adequate oversight of and accountability at Glenwood, and requires extensive public reporting to promote transparency and rebuild public trust. For those who are leaving Glenwood, our agreement requires the State to help them transition to services that will meet their needs in the most integrated setting and support them in engaging with the broader community.”

The proposed consent decree prohibits uncontrolled and unsupervised experiments; requires better staffing, training and oversight for clinical care; dramatically limits the use of restraints and seclusion; and requires substantial State oversight over all aspects of Glenwood’s operation. The State must also implement policies and procedures to address the underlying deficiencies that led to the alleged constitutional violations. In addition, the decree requires greater transparency, through public reporting and engagement with stakeholders. The proposed consent decree appoints an independent monitor who will assess the State’s compliance with the decree’s terms. 

Further, if more than one-third of current Glenwood residents move to, and are living at, Woodward Resource Center (the other State-run institution for individuals with IDD) at any point during the decree term, then the consent decree will apply to Woodward as well. The State of Iowa announced in April 2022 that it plans to close Glenwood in approximately two years, and the proposed consent decree requires the State to ensure that Glenwood residents move to the most integrated setting consistent with their informed choice, needs and preferences, with the appropriate services and supports in place.

The Civil Rights Division and the U.S. Attorney for the Southern District of Iowa initiated the investigation in November 2019 under the Civil Rights of Institutionalized Persons Act, which authorizes the department to act to correct a pattern or practice of deprivation of federal rights of individuals who reside in institutions, such as Glenwood Resource Center. In December 2020, the department provided the State written notice of the alleged unlawful conditions and remedial measures necessary to address them. Specifically, the department concluded that there is reasonable cause to believe that the State of Iowa violated the Fourteenth Amendment of the Constitution by harming Glenwood residents and placing them at serious risk of harm. 

The proposed consent decree does not resolve the department’s notice issued in December 2021 regarding unnecessary institutionalization of people with IDD at Glenwood and Woodward Resource Centers, in violation of Title II of the Americans with Disabilities Act. Negotiations to resolve the December 202 Notice are ongoing.

Individuals with relevant information are encouraged to contact the department via email at Iowa.Investigation@usdoj.gov. Additional information about the Civil Rights Division of the Justice Department is available on its website at www.justice.gov/crt.

Source: United States Department of Justice News

During remarks at the 2022 White House Tribal Nations Summit today, Attorney General Merrick B. Garland announced that the FBI and the Bureau of Indian Affairs (BIA) signed an agreement to establish guidelines to provide for the effective and efficient administration of criminal investigations in Indian Country. This is the first update since the early 1990s to a memorandum of understanding between the agencies.

The announcement is being discussed during a panel featuring Secretary of the Interior Deb Haaland and Associate Attorney General Vanita Gupta at the Summit. The Summit provides an opportunity for Administration and Tribal leaders from the 574 federally recognized Tribes to discuss ways the federal government can invest in and strengthen nation-to-nation relationships as well as ensure that progress in Indian Country endures for years to come.

“This agreement is a crucial step to advancing public safety for American Indian and Alaska Native communities,” said Associate Attorney General Vanita Gupta. “The Department of Justice is committed to working with the Department of the Interior to investigate Indian Country crimes, including reports of missing or murdered Indigenous people, quickly, effectively and respectfully. We are grateful to the Tribes that provided input into this new policy.”  

“The FBI is committed to ongoing and continued collaboration with the Bureau of Indian Affairs,” said FBI Director Christopher Wray. “The FBI has a crucial role in successfully addressing matters in the nation’s Indian Country communities and this updated MOU affirms our dedication to the mission of protecting all Americans. The FBI will not waiver in its support of our Tribal law enforcement agency partners and our coordination with the Bureau of Indian Affairs.”

“Interagency coordination is absolutely critical given the complexities of jurisdiction in Tribal communities. This agreement supports an all-of-government approach to addressing federal responsibilities and Tribal needs in Indian Country,” said Assistant Secretary Bryan Newland for Indian Affairs. “All federal agencies share a treaty and trust responsibility to protect Tribal sovereignty and revitalize Tribal communities. This partnership will further support our efforts to keep Native people safe in their homes and communities.”

Under the agreement, the BIA Office of Justice Services and the FBI will cooperate on investigations and share information and investigative reports. The agencies will also establish written guidelines outlining jurisdiction and investigative roles and responsibilities for investigators from the BIA, FBI and Tribal law enforcement agencies. The agreement also requires that all BIA, FBI and Tribal law enforcement officers receive training regarding trauma-informed, culturally responsive investigative approaches.

This agreement will support the unified response to the Missing and Murdered Indigenous Peoples crisis, and the Missing and Murdered Unit launched by Secretary Haaland. It defines responsibilities for FBI, BIA and Tribal investigators to ensure that missing person cases are entered into the National Crime Information Center, National Incident-Based Reporting System and other appropriate federal criminal databases, and that DNA is submitted to the National Missing Person DNA Database when appropriate and available.

The agreement also specifies that the FBI will take an initial primary role in the investigation of any BIA or Tribal law enforcement officer-involved shootings and in-custody death incidents. The BIA will concurrently conduct separate internal administrative investigations of any BIA or Tribal law enforcement officer-involved shootings and in-custody death incidents.

The mission of the BIA Office of Justice Services is to uphold Tribal sovereignty and provide for the safety of Indian communities by ensuring the protection of life and property, enforcing laws, maintaining justice and order, and by ensuring sentenced American Indian offenders are confined in safe, secure, and humane environments. Ensuring public safety and justice is arguably the most fundamental of government services provided in Tribal communities.

The mission of the Department of Justice is to uphold the rule of law, to keep our country safe, and to protect civil rights. Read more about the Department’s work to strengthen public safety in American Indian and Alaska Native communities here.

Source: United States Department of Justice News

Davenport, IA – Rayontrez Demar Brown, age 26, of Davenport, was sentenced on November 30, 2022, to 41 months in prison for bank robbery. Brown was also ordered to pay $26,399 in restitution. Following his imprisonment, Brown was ordered to serve three years of supervised release.

In January and February 2022, there were a series of bank robberies in Davenport. With the assistance of surveillance video and thorough investigative techniques, law enforcement identified Brown as the suspect. On January 14, 2022, Brown entered a Great Southern Bank and jumped over the counter, demanding that tellers give him all the money. On January 21, 2022, Brown entered the Family Credit Union on West Kimberly Road, jumped over the counter and demanded the tellers give him all the money. Finally, on February 2, 2022, Brown robbed a third bank, the Family Credit Union on Rockingham Road, again demanding that tellers give him all the money. In total, Brown stole $26,399. Law enforcement recovered $9,315 in Brown’s residence and on his person at the time of his arrest.

U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Federal Bureau of Investigation and Davenport Police Department investigated the case.

Source: United States Department of Justice News

Davenport, IA – Brandon Scott Hagedorn, age 26, of Davenport, was sentenced on November 28, 2022, to 57 months in prison for possessing ammunition as a felon. Following his imprisonment, Hagedorn was ordered to serve three years of supervised release.

On April 30, 2021, Davenport police officers responded to Daisy Dooks Gentlemen Club for a shots-fired call. Surveillance video showed a group of males engaged in a physical altercation in the parking lot. As the altercation concluded, Hagedorn shot at a vehicle leaving the parking lot. Law enforcement collected one live round of ammunition and seven spent shell casings. The firearm was never recovered. Law enforcement identified Hagedorn as the shooter through the surveillance video, as well as Hagedorn’s clothing, witness reports, social media, and location data.

U.S. Attorney Richard D. Westphal of the Southern District of Iowa made the announcement. The Davenport Police Department investigated the case.

Source: United States Department of Justice News

Defendant Accused of Taking Part in Confrontation With Law Enforcement Officers Outside North Doors of Capitol