Virginia Attorney General Files Lawsuit Against Windsor Police Department for Alleged Discriminatory Practices

Strategic Insights -

The Virginia Attorney General's office has filed a lawsuit against the Windsor Police Department (WPD) alleging discriminatory practices against African Americans and unconstitutional policing. The lawsuit, filed in Isle of Wight Circuit Court, seeks court-ordered reforms and a civil penalty of $50,000 for each proven violation of the Virginia Human Rights Act. The investigation, prompted by a high-profile traffic stop, revealed "huge disparities in enforcement against African American drivers" and "a troubling lack of policies and procedures to prevent discriminatory or unconstitutional policing."

Key Takeaways:

  • The lawsuit alleges that the Windsor Police Department has operated in a discriminatory and illegal manner, violating the Virginia Human Rights Act and the Virginia Public Integrity and Law Enforcement Misconduct Act.
  • The investigation found that Black drivers accounted for approximately 42% of the department's traffic stops from July 1, 2020 through September 30, 2021, despite making up only a small percentage of the local population.
  • The suit seeks a court order barring the department from engaging in discriminatory law enforcement activities and requires policy changes to ensure constitutional, bias-free, and non-pretextual traffic stops and use of force.
  • The investigation also found inconsistencies in the data reported to the town council and state authorities, with discrepancies of up to 200% in the number of traffic stops and citations reported.
  • The lawsuit is being handled by the Office of Civil Rights, a permanent part of the Office of Attorney General, established to protect the rights of Virginians.

Statistics:

  • Black drivers made up approximately 42% of the Windsor Police Department's traffic stops from July 1, 2020 through September 30, 2021 (810 of 1,907 stops).
  • During the same period, Black drivers were stopped 200% to 500% more often than would be expected based on the number of Black residents in the town or county.
  • Vehicles driven by Black drivers were searched more frequently than those driven by White drivers, despite Black residents making up only a small percentage of the local population.

Sources:

  • The office of the Virginia Attorney General, released on December 30, 2021.