McNesby Administration under investigation

The Department of Justice, Civil Rights Division is investigating the Escambia County Sheriff’s Office. Sheriff David Morgan received notification the week after he was sworn in.

In a letter from Grace Chung Becker, Acting Assistant Attorney General (that is dated Jan. 9, 2009). the DOJ states:
“…we will seek to determining whether there are systemic violations of Constitution or laws of the United States in the use of force and police practices by members of the ECSO and in the conditions of confinement at ECJ (Escambia County Jail). The Section 14141 investigation will focus on use of excessive force by deputies of the ECSO. The CRIPA (Civil Rights of Institutionalized Persons Act) investigation will focus on protection of inmates from harm, including providing adequate medical care, mental health care, protection from inmate violence, and sanitation conditions, as well as use of excessive forces against inmates.”

At the ECSO press conference today, Sheriff Morgan said the he and the department will fully cooperate with the investigations. The ECSO will provide the DOJ with office space, computers, phones and other resources to their investigation.

“We will give the Department of Justice an open and unfettered look at our operations,” Morgan said.

The DOJ attorneys did not reveal to Sheriff Morgan who made the complaints that triggered the investigations or the specifics of the complaints.

However, IN did speak with Susan Watson of the local ACLU chapter and LeRoy Boyd, president of Movement of Change. They had filed two complaints with the DOJ over the deaths in the ECJ – particularly the death of Robert Boggan in 2005. Watson and Boyd believe their complaints are the basis of the investigation.

The medical examiner ruled Boggan’s death was a homicide. By Judge Ackerman, at coroner’s inquest, ruled that no one was at fault.

Sheriff Morgan did speculate at the press conference that Boggan’s death might be part of the DOJ investigation.

The ECSO attorney, Darlene Dickey, said that the health care provider for the ECJ, Armor Correctional Health Services, has not been notified of the investigation or its predecessor, Prison Health Services.

“We take this very seriously,” Dickey said. “We expect the first wave of the investigation to requests for documents. It may be six to eight weeks before an people arrive at our offices.”

Note: No one threw a shoe at Sheriff Morgan during the press conference.

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