Category: US Department of Justice

Source: United States Department of Justice News

Memphis, TN – Jon Glover, 57, of Millington, was sentenced to federal prison for distribution of 
methamphetamine and for being a convicted felon in possession of a firearm. United States Attorney 
Kevin Ritz announced the sentence today.

According to U.S. Attorney Ritz, and the information presented in court, in 2021, the Drug 
Enforcement Administration (DEA) began investigating the drug trafficking activities of Glover. 
During the course of the investigation, officers seized approximately one-half kilogram of 
methamphetamine and a Smith & Wesson 9mm caliber pistol. After his arrest, Glover pleaded guilty.

This week, United States District Court Judge John T. Fowlkes, Jr., sentenced Glover to 230 months 
in federal prison. There is no parole in the federal system.

This case was investigated by DEA, the Shelby County Sheriff’s Department, and the West Tennessee 
Drug Task Force.

United States Attorney Kevin Ritz thanked Assistant United States Attorney Michelle Kimbril-Parks, 
who prosecuted this case, as well as law enforcement partners who investigated the case.

###

For more information, please contact Public Information Officer Cherri Green at (901) 544-4231 or 
cherri.green@usdoj.gov. Follow @WDTNNews on Twitter for office news and updates.
 

Source: United States Department of Justice News

The Departments of Justice and Health and Human Services (HHS) announced today an interim resolution agreement in their environmental justice investigation into the Alabama Department of Public Health and the Lowndes County Health Department (collectively ADPH) in Lowndes County, Alabama. ADPH cooperated throughout the investigation and agreed to the interim resolution agreement that puts ADPH on a path forward towards ensuring the development of equitable and safe wastewater disposal and management systems in Lowndes County. 

In November 2021, Justice Department and HHS launched an investigation into whether ADPH’s conduct violates Title VI of the Civil Rights Act of 1964 (Title VI) and Section 1557 of the Affordable Care Act (Section 1557). Title VI prohibits recipients of federal funds from discriminating on the basis of race, color or national origin in their federally funded programs and activities. Section 1557 provides that an individual shall not be excluded from participation in, denied the benefits of or subjected to discrimination under, any health program or activity, any part of which is receiving federal financial assistance, based on the grounds prohibited under Title VI. 

The nearly eighteen-month investigation revealed areas of concern in ADPH’s operations and compliance with Title VI and Section 1557. Specifically, the investigation revealed that ADPH’s enforcement of sanitation laws threatened residents of Lowndes County with criminal penalties and even potential property loss for sanitation conditions they did not have the capacity to alleviate. The investigation also revealed that ADPH engaged in a consistent pattern of inaction and/or neglect concerning the health risks associated with raw sewage. The investigation revealed that despite ADPH’s awareness of the issues and the disproportionate burden and impact placed on Black residents in Lowndes County, it failed to take meaningful actions to remedy these conditions.

“Today starts a new chapter for Black residents of Lowndes County, Alabama, who have endured health dangers, indignities and racial injustice for far too long,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “Our agreement puts Lowndes County on a path to long overdue reform as the state now takes steps necessary to provide access to basic sanitation services, end exposure to raw sewage and improve health outcomes for marginalized communities. This agreement marks the first environmental justice settlement ever secured by the Justice Department under our civil rights laws. Our work in Lowndes County should send a strong message regarding our firm commitment to advancing environmental justice, promoting accountability and confronting the array of barriers that deny Black communities and communities of color access to clean air, clean water and equitable infrastructure across our nation.”

“Environmental justice is a public health issue, and where you live should not determine whether you get sick from basic environmental hazards not faced in other affluent and white communities,” said Director Melanie Fontes Rainer of the HHS Office for Civil Rights. “We are pleased that Alabama’s Public Health Department has committed to take immediate and long-term steps to protect the health of Lowndes County residents. This community has long been at the heart of the civil rights struggle, and today’s resolution is yet another testament to the ongoing work that is the pursuit of racial justice.”  

“This agreement creates a path towards sustainable sanitation solutions,” U.S Attorney Sandra J. Stewart for the Middle District of Alabama. “The measures required in the agreement will improve public health and the environment for the residents of Lowndes County. My office is proud to support the community and the parties in reaching these important goals.” 

Under the agreement, ADPH has agreed to take a number of actions to address public health in Lowndes County including:

• Suspending Criminal Penalties and Liens: ADPH will suspend enforcement of sanitation laws that could result in criminal charges, fines, jail time and potential property loss for residents in Lowndes County who lack the means to purchase functioning septic systems. ADPH will ensure that Lowndes County residents are informed about the suspension of the criminal penalties and liens.

• Examining Public Health Risks within Lowndes County: ADPH will coordinate with the Centers for Disease Control and Prevention (CDC) to measure the level of health risks different populations experience from raw sewage exposure. ADPH agrees to work collaboratively with the CDC and adopt any public health recommendations provided by the CDC.
• Launching a Public Health Awareness Campaign: ADPH will develop a public health awareness campaign using radio, print ads, flyers, mailers, door-to-door outreach and other appropriate ways to ensure residents receive critical health and safety information related to raw sewage exposure.
• Providing Public Health Educational Materials for Lowndes County Health Care Providers: ADPH will create or supplement education materials for health care providers for Lowndes County residents, including school-based health centers and community-based organizations, to provide more information on symptoms and illness related to raw sewage exposure.
• Conducting Assessment to Determine Appropriate Septic and Wastewater Management Systems: ADPH will conduct a comprehensive assessment to determine the appropriate septic and wastewater management systems for homes within Lowndes County and use that information to prioritize properties to receive systems based on risk of exposure to raw sewage. ADPH cannot use this information for criminal penalties or liens.
• Creating a Sustainable and Equitable Public Health and Infrastructure Improvement Plan: Within one year, ADPH will create a plan to improve access to adequate sanitation systems and address public health risks associated with raw sewage exposure.
• Consistently Engaging with the Community: In carrying out each aspect of the interim resolution agreement, ADPH will consistently engage with community residents, local government officials, experts in wastewater, infrastructure, soil and engineering and environmental justice advocates. ADPH must also engage with community stakeholders on at least a quarterly basis regarding its progress in creating and implementing the final Public Health and Infrastructure Improvement Plan.

As a result of ADPH’s decision to enter into this interim voluntary resolution agreement, the departments have agreed to suspend their investigation. Under Title VI, the Justice Department is required to informally resolve an investigation that indicates noncompliance. If ADPH does not comply with the agreement, the departments will reopen their investigation.

Addressing discriminatory environmental and health impacts through enforcement of the nation’s civil rights laws is a top priority of both the Justice Department and HHS. Today’s announcement comes one day prior to the one-year anniversary of the Justice Department’s launch of its Office on Environmental Justice and its Comprehensive Environmental Justice Enforcement Strategy.

The Civil Rights Division’s Federal Coordination and Compliance Section and the HHS Office for Civil Rights conducted this investigation jointly with the support of the U.S. Attorney’s office in the Middle District of Alabama. 

Individuals who believe their civil rights have been violated can file a complaint with the Civil Rights Division at www.civilrights.justice.gov/report/. Additional information about the Office for Civil Rights is available on its website at www.hhs.gov/ocr. If you believe that you have been discriminated against in programs or activities that HHS directly operates or to which HHS provides federal financial assistance, you may file a complaint for yourself or someone else at:  www.hhs.gov/civil-rights/filing-a-complaint/index.html.

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Thank you to co-chairs Henry Su and Maria Thomas-Jones and to the ABA and NLADA for your work to host this meaningful event.

It is truly invigorating to be here at the Equal Justice Conference, where many panels and discussions will illustrate innovative partnerships and strategies. From linking technologists and lawyers — to understanding the connections between insurance coverage, race and legal assistance — leaders from all sectors and disciplines are re-envisioning what access to justice can look like through creativity and unlikely partnerships.

The shared ambitious goal that brings us all here — access to justice for all — requires these types of bold ideas. 

And it takes all of us. When systemic inequities persist across our courts, and across our systems of housing, healthcare, employment, child custody and more, these partnerships are critical. Breaking down silos by coming together can bring visibility to these issues and help us better understand their comprehensive impact — an impact that goes beyond one case or one court system. And this helps us to craft holistic solutions.

For those who hadn’t heard, the Office for Access to Justice is back. And we’re building programs and initiatives through this bold lens. Our mission is to break down barriers to the promises and protections of our legal systems. Our goal is to ensure justice belongs to everyone. And we believe it is possible.

But our office cannot succeed without a permanently imbedded function and voice in the federal government. We won’t succeed without broad collaboration. And we certainly will not succeed unless we forge deep partnerships with those doing the work on the front lines, like many in this room.

I’d love to share just a few initiatives we’ve launched so far.

We’re working to pursue language justice. We hired the Justice Department’s first ever Language Access Coordinator, who carries a department-wide mandate and sits in the Office for Access to Justice. We’ve re-launched and are chairing the Justice Department Language Access Working Group, and we’re working to pursue resources and policies that expand language justice.

We also staff and direct the work of the White House Legal Aid Interagency Roundtable (LAIR), a collaboration of 28 federal agencies to increase access to justice across federal government, co-chaired by Attorney General Merrick Garland and White House Counsel Stuart Delery. LAIR fosters partnerships with leaders on housing, education, labor, health, food security and more. In 2022, we focused on people-centered approaches to simplifying government forms and processes. You can find our 2022 report online, and you can also get a hard copy and meet our team at the ATJ Networking meet and greet later during lunch today.

Our office is also working to mitigate against economic barriers to accessing justice — like unjust fines or fees. Just last month, our office partnered with the Civil Rights Division and the Office for Justice Programs to issue a Dear Colleague Letter on the assessment of fines and fees across civil and criminal legal systems.

And our office is working to combat the wide-ranging barriers faced by those leaving incarceration. We led the drafting and publication of the Reentry Coordination Council’s Report and hosted a Reentry Simulation, in collaboration with six other federal agencies from Housing and Urban Development, to Labor and to the Department of Education. We presented recommendations to Congress on reducing barriers to successful reentry for individuals released from incarceration.

And today, as we continue to develop initiatives through cross-sector collaborative approaches, I’m pleased to announce that the Office for Access to Justice has posted a position for an attorney advisor to develop and lead an innovative civil legal services pilot program within the Federal Bureau of Prisons (BOP).

We started by working with BOP and the National Institute of Corrections to administer a voluntary survey to incarcerated individuals in federal prisons. Over 50,000 people responded, the vast majority indicating need for civil legal help.

We know that touches with the justice system exacerbate collateral consequences, and civil legal needs faced by the most vulnerable communities.

People involved with the criminal justice system are disproportionately low-income and indebted, and incarceration can lead to worsening debt.

Incarceration can also contribute to loss of child custody and parental rights.

And federal benefits can be terminated or become more difficult to access for those with a criminal conviction.

When basic needs are cut off, and when core civil legal issues are not resolved, it contributes to recidivism and cycles people right back into the criminal justice system. Through this initiative and partnership, we hope to disrupt this cycle.

The pilot program will explore methods to offer services on a limited scale — on particular issues in certain women’s facilities — while evaluating the feasibility of expanding in the future. And we plan to develop metrics on the front end to understand the effectiveness of providing civil legal services to individuals impacted by the criminal legal system.

We hope that you consider applying and passing this posting along to colleagues.

And as we continue to develop initiatives and grow our work, we hope that you will partner and collaborate with us, and that you see us as your ally and supporter. Thank you.

Source: United States Department of Justice News

Remarks as Prepared for Delivery

Good afternoon. I am Kristen Clarke, the Assistant Attorney General for the Civil Rights Division of the U.S. Department of Justice. I am honored to be here today with Melanie Fontes Rainer, Director of the Office for Civil Rights at the U.S. Department of Health and Human Services (HHS) and First Assistant U.S. Attorney Jonathan Ross for the Middle District of Alabama.

We are here this morning to announce that the United States has secured an interim resolution agreement in our environmental justice investigation of the Alabama Department of Public Health (ADPH) in Lowndes County, Alabama. The Department of Public Health has agreed to take a number of significant steps to address the sanitation crisis that has plagued the predominantly Black, low-income communities of Lowndes County for generations. The agreement puts ADPH on a path towards ensuring the development of racially equitable and safe wastewater disposal and management systems in Lowndes County.

This agreement marks the first time that the Justice Department has secured a resolution agreement in an environmental justice investigation under Title VI of the Civil Rights Act of 1964. And while this may be the first, it certainly won’t be our last.

Here in Lowndes County, residents who are unserved by municipal sewage systems must bear the cost and burden of installing and maintaining state-permitted, private onsite wastewater systems, as required by the state. These systems, which include conventional septic systems, are often incompatible with the impermeable Black Belt soil prevalent across Lowndes County and are expected to — and often do — fail.

Without affordable and effective wastewater removal systems, residents have resorted to straight-piping, which is a method of guiding fecal matter, bathwater and other human wastewater away from a home by using a series of ditches or crudely constructed piping systems. The straight-piped wastewater festers in trenches and pools formed in residents’ yards, woods and open areas. Without functioning septic systems, the heavier rainfall and flooding from climate change saturates the impermeable soil and the waste matter simply has nowhere to go. It remains on the ground’s surface or backs up inside homes, exposing families to serious health risks. In Lowndes County, as many as 80% of homes not connected to municipal sewer systems either lack state-required septic systems or have failing systems not approved by the state’s Health Department.

Moreover, under Alabama state law it is a crime to violate certain sanitation-related laws. What this means is not only have communities been forced to pay the price to their dignity and safety from living in these conditions, they have also had to face the double penalty of being criminalized for these injustices as well.

This is not a new problem. For generations, Black rural residents of Lowndes County have lacked access to basic sanitation services. And as a result, these residents have been exposed to raw sewage in their neighborhoods, their yards, their playgrounds, schools and even inside their own homes. They have had to deal with sickness, disease and the public health risks that result from their reliance on straight-piping. In fact,  during our investigation, we heard from many Lowndes County residents who recounted that they could not recall a time when things were any different. Enough is enough.

The Justice Department, in partnership with the Department of Health and Human Services, opened this important investigation into whether the Alabama and Lowndes County Health Departments operate their onsite wastewater disposal and infectious disease and outbreaks programs in a manner that discriminates against Black residents of Lowndes County. Under Title VI of the Civil Rights Act of 1964 and Section 1557 of the Patient Protection and Affordable Care Act, these civil rights laws prohibit discrimination because of race, color and national origin in federally funded programs such as public health programs and activities. Over the course of our nearly 18-month investigation, we uncovered evidence that raised significant concerns about ADPH’s compliance with Title VI and Section 1557. Specifically, we found evidence that suggested ADPH has engaged in a consistent pattern of inaction and/or neglect concerning the health risks associated with exposure to raw sewage, and that ADPH’s implementation of its infectious diseases and outbreaks policies and procedures in Lowndes County may have deviated from standard protocols employed elsewhere in Alabama. We also uncovered concerns about ADPH’s role in the enforcement of laws that criminalize, and threatens liens, against residents who cannot afford functioning septic systems. We also found that ADPH has not collected  data to sufficiently monitor, track and abate public health nuisances caused by improper wastewater management in Lowndes County. And we found that, ADPH was aware  of the issues and the disproportionate burden and impact placed on Black residents in Lowndes County, but failed to take meaningful actions to remedy these conditions.

The agreement we are announcing today marks a new day for Black people in Lowndes County. It represents a major step toward resolving these problems — a step that is long overdue. The agreement requires ADPH to stop imposing fines, fees, penalties and threatening liens on residents of Lowndes County who cannot afford functioning septic systems; to increase data collection about onsite wastewater management systems in Lowndes County; to better examine the public health risks within Lowndes County; to develop public education and awareness campaigns to make sure that residents and health care providers are aware of these risks; and to develop a long-term public health and infrastructure improvement plan to improve access to adequate sanitation systems. At every stage, ADPH must engage with residents, local officials and experts to ensure their feedback and input is included in these reforms. My colleague and partner, Director Fontes Rainer, will describe the resolution agreement in more detail in a moment.

The fight for environmental justice is an urgent one. The climate crisis has exacerbated the health and safety risks faced by marginalized communities. The fight for environmental justice is also a fight for racial justice. The research overwhelmingly demonstrates that race is the primary indicator of exposure to environmental harms. For example, Black Americans are 75% more likely than others to live near facilities that produce hazardous waste. And Black children are nearly three times more likely than White children to have elevated blood-lead levels. The sad reality is that too many communities of color are struggling for clean water, clean air and bear the consequences of pollution and underinvestment in wastewater infrastructure, transportation, and healthcare.

One year ago, on May 5, 2022, the Justice Department rolled out a Comprehensive Environmental Justice Enforcement Strategy, where we vowed to use all of our enforcement tools and authorities to promote and advance environmental justice. This agreement reflects that ongoing commitment.

I want to acknowledge the Alabama Department of Public Health. Since the day we announced our investigation, ADPH has been cooperative, and has provided us with the information and access we needed during our investigation. We look forward to continued work with ADPH as they now implement the terms of our agreement.

In closing, I want to take a moment to speak directly to the impacted residents of Lowndes County. I want to acknowledge your bravery and resiliency, and the courage you’ve shown in speaking about this problem and making sure your voices were heard. I want to acknowledge the pain that has come from being exposed to health risks and unnecessary criminalization. I know that there is more work to be done to advance environmental justice and racial justice. I know that lasting, sustainable solutions will take time and commitment. But I want to assure you that the Department of Justice and our partners at the Department of Health and Human Services will be with you ever step of the way. Starting today, we are reaching out to residents and community leaders to discuss this agreement in greater detail and answer any questions and address any concerns.

I will now turn it over to HHS Office for Civil Rights Director Fontes Rainer who will discuss the agreement in further detail.

Source: United States Department of Justice News

A Colorado man pleaded guilty today to a hate crime charge in connection with a fire he set to a church in Loveland, Colorado.

According to court documents and admissions during the plea hearing, Darion Ray Sexton, 22, intentionally set fire to the church in the evening hours of Jan. 19. Sexton admitted that he set this fire by throwing two Molotov cocktails at the church – one at the front door and the other at the basement. Sexton further admitted that he was motivated to set this fire due to the religious character of the church and that he intended to destroy the church.

“Protecting religious freedom and observance is a top priority for the Department of Justice,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “We will continue to vigorously prosecute those who attack houses of worship and target religious communities.”

“We all have a right to feel safe and secure in our houses of worship – no matter our religion or belief,” said U.S. Attorney Cole Finegan for the District of Colorado. “An act of violence in one of our sacred places is especially serious, and we will work with our law enforcement partners to vigorously prosecute all such offenses.”

“The FBI treats hate crimes as the highest priority of our civil rights program because everyone deserves to feel safe to exercise their religion without fear of violence from others,” said Special Agent in Charge Mark Michalek of the FBI Denver Field Office. “FBI Denver is committed to protecting those rights, and we will continue to aggressively work with our law enforcement partners to bring justice to all communities that have been targeted.”

The sentencing hearing is scheduled for July 21. Sexton faces a maximum sentence of 20 years in prison and a $250,000 fine.

The FBI, ATF and the Loveland Police and Fire Departments investigated the case.

Assistant U.S. Attorney Bryan D. Fields for the District of Colorado and Trial Attorney Maura White of the Civil Rights Division’s Criminal Section are prosecuting the case.