United States Department of Justice Pattern-or-Practice Investigation of the Suffolk County Police Department

On November 8, 2008, a group of teenagers, who set out to randomly assault Latinos in a practice they referred to as “beaner hopping,” encountered Patchogue resident Marcelo Lucero, an Ecuadoran immigrant, near the Patchogue LIRR station.  The assault began with punches and ended when one of the teens stabbed Lucero killing him.  The event highlighted prevalent anti-immigrant sentiment in Suffolk County and sparked nationwide scrutiny of shocking indifference by the Suffolk County Police Department. 

On November 25, 2008, immigrant advocacy group Latino Justice PRLDEF (Puerto Rican Legal Defense & Education Fund) of New York wrote a letter of complaint about the Suffolk County Police Department to the Department of Justice Civil Rights Division.

On September 1, 2009, the Southern Poverty Law Center published a special report: “Climate of Fear: Latino Immigrants in Suffolk County NY. (PDF)  

On September 1, 2009, the United States Department of Justice Civil Rights Division and the U.S. Attorney’s Office for the Eastern District of New York initiated a joint “pattern-or-practice” investigation of the Suffolk County Police Department focused on discriminatory policing practices. (PN-NY-0040)

On September 13, 2011, the Department of Justice issued a Technical Assistance Letter to Suffolk County that provided preliminary observations, operational advice and policy recommendations. 

On December 3, 2013, the Department of Justice announced that the parties had tentatively reached agreement. 

On January 13, 2014, the Department of Justice and Suffolk County executed a Memorandum of Agreement, which is commonly referred to as a “Settlement Agreement.” (English) (Spanish)

The “Settlement Agreement” should not be confused with a “Consent Decree”.
A Consent Decree is a negotiated agreement entered as a court order that is enforceable by the court. Courts frequently appoint monitors to monitor compliance with the provisions of Consent Decrees.
A Settlement Agreement is an out-of-court resolution that is reached between the parties themselves that takes the form of a signed agreement or memorandum of understanding, requires performance by the defendant and is enforceable in court.

The Agreement obligates Suffolk County to make measurable improvements in five main areas: 

1) bias-free policing
2) hate crimes and hate incidents
3) language assistance
4) allegations of police misconduct
5) community engagement.  

Notably, the agreement obligates SCPD to implement specific policies and protocols regarding the recording, analysis and reporting of traffic stop data.  It also mandates that SCPD self-report periodically on its compliance with the provisions of the Agreement. 

DOJ periodically produces reports on Suffolk County’s compliance (compliance reports). Those compliance reports can be accessed HERE.

The majority of DOJ pattern and practice investigations culminate in court-approved “consent” agreements.
In this matter, Suffolk County executed a “Memorandum of Agreement.” It is an out-of-court settlement in which the parties have entered into an enforceable contract.  

Originally intended to last three years, the Agreement remains in effect because Suffolk County is still not in substantial compliance with all of the provisions. 

Notable shortcomings include:

• Traffic stop recording, reporting and analysis

• Language assistance improvements

Although DOJ has found SCPD to be in substantial compliance with required improvements in Hate Crimes tracking and reporting and in Police Misconduct investigations and reporting, UJPLI members report persistent operational deficiencies in those areas at the community level.

• The Technical Assistance Letter indicated that SCPD persistently failed to properly classify certain incidents, such as swastika graffiti, as specified Hate Crimes and provided relevant guidance. The Settlement Agreement requires SCPD to produce a report mapping and analyzing hate incidents every six months and to make that report public. UJPLI representatives who have been meeting and reviewing these matters with SCPD representatives for several years report that

  • SCPD continues to fail to properly classify swastika graffiti incidents as Hate Crimes and

  • SCPD has failed to produce Hate Crimes maps and refused requests for them 

• SCPD’s Internal Affairs Bureau police misconduct investigations public reporting is woefully inadequate. Reporting criteria are inconsistent. Unlike its Traffic Stop Data, which is reported on its website in digital format with names and personally identifiable information removed, SCPD does not provide the public with digital record-level or summary-level police misconduct investigations data. The public is unable to perform adequate comparison and analysis of complaints and investigations over time.

These shortcomings serve to undermine and defeat the objective of the Settlement Agreement: the improvement and restoration of public trust and confidence.

“We look forward to working alongside the Suffolk County Police Department and Suffolk County in implementing our agreement. By Working together our goal is for all Suffolk residents - - existing and future - - to know that Suffolk County Police Department is here to serve and protect them and that they stand equal before the law.”
- Jocelyn Samuels, Acting Assistant Attorney General for the Civil Rights Division

“All residents of Suffolk County deserve full and unbiased police protection, regardless of national origin, race, or citizenship status.  When people feel they cannot turn to the police for protection, they have lost one of our most basic rights – the right to feel safe in one’s community.  Law enforcement also suffers when it does not hear from everyone under its umbrella of protection.  I commend Suffolk County and SCPD for its cooperation with the United States’ investigation and its willingness to ensure fairness and equal treatment for all”
- Loretta E. Lynch U.S. Attorney for the Eastern District of New York