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F 202.682.1312

www.naacpldf.org

July 13, 2015

The Honorable Loretta Lynch
Attorney General of the United States
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, D.C. 20530-0001
Re:

Request for Federal Investigations of the North Charleston Police

Department and the Police-Involved Shooting Death of Walter Scott

Dear Attorney General Lynch:

The NAACP Legal Defense and Educational Fund, Inc. (LDF),1 in partnership with
the North Charleston, South Carolina Branch of the NAACP and over two dozen
organizations and individuals listed below, submits this letter in the wake of a tide of
violent murders of African-American residents of the Charleston area. Specifically, on
April 4, 2015, a bystanders video recorded a white North Charleston police officer, Michael
Slager, fatally killing Walter Scott, an unarmed African-American male, who was shot five
times in the back as he ran away.2 Before North Charleston could adequately address the
reality of Mr. Scotts death, a self-proclaimed white supremacist entered Charlestons
historic Emanuel A.M.E. Church on June 17, 2015, and after spending one hour with the
churchs Wednesday night prayer circle, fatally shot nine members including the churchs
Pastor, State Senator Clementa Pinckney. As we have mourned Mr. Scott and the
Emanuel Nine, we have also grappled with the history of racial violence, segregation, and
discrimination in these neighboring cities, and the sad reality that this history lingers into
the present.

LDF is the countrys first civil and human rights law firm. Since its founding in 1940, it has been a
pioneer in the struggle to achieve racial justice, equality, and an inclusive society. LDF has long worked to
build a more equitable South Carolina. For example, it represented students from Clarendon County, South
Carolina who fought for desegregated schools in the case of Briggs v. Elliot, 103 F. Supp. 920 (E.D. S.C. 1952),
which was among the cases that led to the landmark U.S. Supreme Court decision of Brown v. Board of
Education of Topeka, 347 U.S. 483 (1954). Most recently, in 2014, LDF supported efforts to create district-based
voting in Beaufort, S.C., see, http://www.naacpldf.org/press-release/citing-lack-black-representation-burtondale-beaufort-branch-naacp-calls-beaufort-city, and in 2012, it opposed South Carolinas discriminatory voter
identification law in the case of South Carolina v. United States, et al, Civil Action 12-203 (D.C. 2012). See also,
http://www.naacpldf.org/press-release/federal-court-rejects-south-carolina%E2%80%99s-restrictive-voter-id-lawnovember-election. LDF has been a separate entity from the NAACP, and its state branches, since 1957.
1

2 See, Andrew Knapp, North Charleston Officer Faces Murder Charge After Video Shows Him Shooting
Man in Back, The Post and Courier, Apr. 7, 2015,
http://www.postandcourier.com/article/20150407/PC16/150409468.

NAACP LEGAL DEFENSE AND EDUCATIONAL FUND, INC.

Following both horrors, local law enforcement quickly apprehended, arrested, and
charged the alleged perpetrators with murder. But these acts of violence and terror against
African Americans in these cities, including at the hands of a police officer, are not isolated
incidents. Rather, the fatal shooting of Mr. Scott exposed to this nation another example of
a culture of racially-biased policing and excessive use of force that has long existed in North
Charleston. Therefore, we respectfully ask that the U.S. Department of Justice (Justice
Department) use its authority to open a federal investigation of racially discriminatory
policing practices of the North Charleston Police Department,3 and a criminal civil rights
investigation of former officer Slager for the shooting death of Mr. Scott.4
A Federal Investigation of the North Charleston Police Department is
Warranted to Address a Pattern or Practice of Unconstitutional
Policing
While African-American residents of Greater Charleston have reported misconduct
by sworn officers of several law enforcement agencies, including Charleston County
Sheriffs Office,5 the North Charleston Police Department has an especially egregious
record of police misconduct and violence against civilians.
The North Charleston Police Department (NCPD) employs over 340 sworn police
officers who serve a population of approximately 100,000 residents.6 Despite the racial and
ethnic diversity of North Charleston 47% of its population is African-American, 11% is
Latino, and 42% is white the police force is overwhelmingly white at 80%.7

3 Under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C 14141, the Attorney
General has the authority to investigate and eliminate a pattern or practice of conduct by law enforcement
officers who deprive persons of their rights, privileges, or immunities secured by the Constitution and federal
law.

See 18 U.S.C. 242 (Whoever, under color of any law . . . willfully subjects any person . . . to the
deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the
United States [shall be guilty of a crime].).
4

5 For example, in 2013 the South Carolina State Law Enforcement Division charged Charleston County
Sheriffs deputy Christopher Davis with assault and battery in the third degree after a video recording showed
him repeatedly punching 19-year-old Devante Pittman in the face after pulling him over for failure to use a turn
signal. The assault reportedly caused injuries that required reconstructive surgery of Mr. Pittmans jaw. See
Stacy Jacobson, SLED Charges CCSO Deputy with Assault after Traffic Stop, ABC News 4, Mar. 15, 2013,
http://www.abcnews4.com/story/21651527/sled-charges-ccso-deputy-with-assault-after-traffic-stop.
6 See Adam Parker and Christina Elmore, Police Force Diversity: Behind the Numbers, The Post and
Courier, Sept. 20, 2014, http://www.postandcourier.com/article/20140920/PC16/140929990.
7 See U.S. Census Bureau, North Charleston, South Carolina People Quick Facts,
http://quickfacts.census.gov/qfd/states/45/4550875.html. See also, Adam Parker and Christina Elmore, Police
Force Diversity: Behind the Numbers, The Post and Courier, Sept. 20, 2014,
http://www.postandcourier.com/article/20140920/PC16/140929990.

A number of indicators reflect the NCPDs pattern or practice of unconstitutional

policing against its majority-minority residents. First, vehicle stop data, buttressed by
news reports, suggest that NCPDs predominately white police force has engaged in
unconstitutional policing through racially-biased traffic stops. South Carolina law requires
all law enforcement officers to report to the states Department of Public Safety the age,
gender, and race or ethnicity of the driver of every vehicle stopped where the driver is
neither arrested nor given a citation.8 According to data from January 2011 to May 2015,
North Charleston police officers have stopped 122,818 drivers and released them without
arrest or citation.9 African-American drivers were overrepresented in these stops at 80,250,
or 65%, of those stopped, while white drivers were underrepresented at 40,262 or 33% of
those stopped. These troubling numbers paint a picture of a police department that
routinely profiles and disproportionately stops African-American drivers, without
justification, in violation of the U.S. Constitution.10
Anecdotal evidence from residents also indicates that North Charleston police
officers often use a minor traffic violation such as a broken taillight the reason for Mr.
Scotts stop as a pretext to stop African-American drivers. These stops are dehumanizing
and demoralizing to the African-American community and serve to break down
relationships between the police department and the community.
Second, according to news reports, North Charleston police officers have been
involved in a disturbingly large number of allegations of excessive use of force in the past
decade, 11 including:

On May 28, 2013, North Charleston police officer Chris Talbott allegedly struck
Peter Jenkins, an African-American man, with a Taser after Mr. Jenkins
surrendered. That same officer was reportedly named in a federal suit for his

See S.C. Code Ann. 56-5-6560 (2015).

9 South Carolina Department of Public Safety, Public Contacts Where No Citation was Issued and No
Arrest was Made, http://www.scdps.gov/public_contacts_reports.asp (accessed 6/17/2015).

Whren v. United States, 517 U.S. 806, 813 (1996) (We of course agree with petitioners that the
Constitution prohibits selective enforcement of the law based on considerations such as race.)
10

Jeff Stein, It Wasnt Just Walter Scott: The North Charleston Police Department Has a Shocking
Record of Abuse Allegations, Salon, Apr. 8, 2015,
http://www.salon.com/2015/04/08/it_wasnt_just_walter_scott_the_north_charleston_police_department_has_a_s
hocking_record_of_abuse_allegations/.
11

involvement in a 2006 case in which he struck a mentally ill man with a Taser as
many as ten times. The man later died.12

On November 28, 2012, after a foot chase, North Charleston police officer Abraham
Montes-Altamirano arrested a 22-year-old African-American man, James Cannon,
who sustained multiple injuries during the arrest, including a crushed eye socket. 13
The police department fired Montes-Altamirano less than a year later when the
officer used excessive force against a white prisoner, dislocating his shoulder.14

On July 17, 2012, North Charleston police officer Kenneth Ford detained a man,
physically assaulted him, and drove him to a remote area. Before abandoning the
detainee, Ford stated that this is what happens when you disrespect police. Ford
was fired and pled guilty to a charge of misconduct.15

On March 25, 2012, North Charleston police officer Anthony Dipaolo shot and
injured Carlton Lamont Pringle, a 17-year-old African-American man, who allegedly
possessed a gun, but did not point it at the officer, according to a surveillance
video.16

In November 2011, five North Charleston police officers were executing an arrest
warrant when they entered the hotel room of Sheldon Williams, an African-

12 Andrew Knapp, Latest Suit Since Walter Scott Shooting Claims Police Misconduct Ignored, The Post
and Courier, Apr. 27, 2015, http://www.postandcourier.com/article/20150427/PC16/150429615/latest-suit-sincewalter-scott-shooting-claims-police-misconduct-ignored. See also Complaint at 3-4, Jenkins v. Shelton, Civil
Action No. 2:15-CV-2259-RMG-BM (D.S.C. June 5, 2015).

See Andrew Knapp, Man in North Charleston police probe was hit pretty hard attorney says, The
Post and Courier, Dec. 7, 2012, http://www.postandcourier.com/article/20121207/PC16/121209516/1005/man-innorth-charleston-police-probe-was-hit-pretty-hard-attorney-says.
13

14 Andrew Knapp, Documents: North Charleston Police Officer Fired for Second Excessive-force Incident
in Less Than a Year, The Post and Courier, Sept. 4, 2013,
http://www.postandcourier.com/article/20130904/PC16/130909707/1009/documents-north-charleston-policeofficer-fired-for-second-excessive-force-incident-in-less-than-year%26source%3DRSS.

WCSC, Former North Charleston Cop Fined $750 for Misconduct in Office, WMBF News, July 18,
2013, http://www.wmbfnews.com/story/22873377/former-north-charleston-cop-fined-750-for-misconduct-in-office.
15

Andrew Knapp, Parents of 17-year-old Shot by North Charleston Police File Lawsuit Alleging
Excessive
Force,
The
Post
and
Courier,
Mar.
27,
2014,
http://www.postandcourier.com/article/20140326/PC16/140329406.
See also Complaint at 5-7, Pringle v.
Dipaolo, C.A. No: 2014-CP-10-1908 (S.C. Ct. Cl. Mar. 21, 2014).
16

American man. The officers allegedly handcuffed him and stomped on his face
multiple times resulting in facial fractures.17

On December 27, 2008, a North Charleston police officer allegedly struck Brian
Knight Yates, an African-American U.S. Army Sergeant, with a stun gun during a
traffic stop.18

In November 2003, a North Charleston police officer shot and killed Asberry Wylder,
a man who possessed a knife, suffered from mental illness, and was suspected of
shoplifting.19

In October 2000, North Charleston police shot and killed Edward Snowden, an
African-American man, after responding to an incident involving Mr. Snowden, who
was being attacked by four white men. The officers were not criminally prosecuted,
but the city settled a civil law suit brought by Snowdens family.20

The data on racial profiling and the examples of excessive use of force span multiple
years and involve multiple NCPD officers, reflecting not isolated incidents, but a police
culture that disproportionately harms the African-American community in North
Charleston. These practices have undermined the fabric of trust between the police
department and the very community that the NCPD is responsible for protecting. In an
effort to rid the NCPD of these unconstitutional and discriminatory practices, and, in turn,
rebuild trust between the NCPD and the North Charleston community, the undersigned
request that the Justice Department open an investigation of the NCPD, the fruits of which
will allow the North Charleston community to begin to heal, and the police to effectively
and constitutionally protect and serve city residents.

17See

John Swaine, Second officer in Walter Scott video sued over alleged attack on handcuffed man,
The Guardian, Apr. 9, 2015, http://www.theguardian.com/us-news/2015/apr/09/second-officer-walter-scott-videosued-stomping. See also Complaint at 3, Williams v. N. Charleston Police Dept, Civil Action No.: 2:14-CV-4453DCN-BM (D.S.C. Nov. 18, 2014).
18 Natalie Caula Hauff, Decorated soldier is suing the North Charleston Police Department, alleging
assault during a traffic stop, The Post and Courier, Sept. 13, 2012,
http://www.postandcourier.com/article/20120913/PC16/120919664. See also Complaint at 3-4, Yates v. Zumault,
Civil Action No.: 2-11-cv-2289-CWH (D.S.C. Aug. 26, 2011).
19 See Associated Press, North Charleston mayor seeks federal probe in police shooting, The Augusta
Chronicle, Nov. 13, 2003, http://old.chronicle.augusta.com/stories/2003/11/12/met_390924.shtml. See also, Chris
Rees, SLED concludes investigation into fatal police shooting of N. Chas. Man, 10WisTV, Dec. 11, 2003,
http://www.wistv.com/story/1559877/sled-concludes-investigation-into-fatal-police-shooting-of-nchas-man.
20 See, Andrew Knapp and Glenn Smith, Shooting death of Walter Scott Deals blow to North
Charlestons struggle to balance civil rights, public safety, The Post and Courier, Apr. 8, 2015,
http://www.postandcourier.com/article/20150408/PC16/150409421.

Former North Charleston Police Officer Michael Slagers Shooting

Death of Walter Scott Warrants a Federal Criminal Civil Rights
Investigation
Some, but certainly not all, of the North Charleston police officers involved in the
excessive use of force cases listed above have faced consequences for their actions
primarily by way of termination of their employment and/or criminal prosecution. But few
officers have been convicted. And, at least one officer, who pled guilty to a criminal charge,
merely paid a $750 fine.21 Consequently, the NCPD leadership has permitted the culture of
police violence within the NCPD to persist and thrive. Mr. Scott along with his family,
friends, and neighbors is just the most recent unfortunate victim of the culture of police
violence in North Charleston.
The Justice Department has the authority to open a criminal civil rights
investigation of law enforcement officers who willfully deprive a person of a right or
privilege protected by the U.S. Constitution or federal law.22 One such right is the U.S.
Constitutions Fourth Amendment right to be free from the unreasonable use of force by
government officials.23 While the police report provided by former officer Slager stated that
he feared for his life because Mr. Scott took his Taser,24 the video recording of the shooting
showed that Slager shot Mr. Scott as he was running away. This inconsistency suggests
that Slager knew that the use of lethal force was wrong and unreasonable. This brazen
shooting is deserving of a federal criminal investigation. An investigation also would send
a clear message to the NCPD (and other law enforcement bodies) that the federal
government will prosecute acts of lethal force used against civilians, particularly AfricanAmerican civilians, who have been historically abused by police in North Charleston and
across the country, as the examples above illuminate.
Conclusion
In response to the murders of the Emanuel Nine, state officials have removed the
Confederate flag from the state capitol grounds. While this is a welcome act, merely
removing a flag, long recognized as a symbol of racial hatred and intolerance, will not
eliminate racially-biased policies and practices that have permeated policing in North

21

See supra note 15 and accompanying text.

22

See 18 U.S.C. 242.

23 See Graham v. Connor, 490 U.S. 386, 396-97 (1989) (The reasonableness of a particular use of force
must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of
hindsight.)

See 11Alive Staff, Video of fatal SC police shooting differs from initial report, 11Alive.com, Apr. 8,
2015, http://www.11alive.com/story/news/nation-now/2015/04/08/sc-police-shooting-walter-scott/25466437/.
24

Charleston. We believe that federal investigations of discriminatory policing by NCPD and

the shooting death of Mr. Scott are two necessary steps toward changing the culture of
policing in North Charleston.
We welcome the opportunity to meet with you to discuss further this request. If you
have any questions or concerns, please do not hesitate to contact Monique Dixon, Senior
Policy Counsel, LDF, at 202-682-1300 or me at 212-965-2200.
Sincerely yours,

Sherrilyn A. Ifill
President and Director Counsel
NAACP
Legal
Defense
and
Educational Fund, Inc.
Edward Bryant, III
President, NAACP
North Charleston, S.C. Branch

Viette Aikens
Concerned Citizens of North
Charleston

Rep. Justin Bamberg

South Carolina Legislature

Rev. Dr. Clinton Brantley

St. Matthews Baptist Church

Melvin Brewer, Owner

AAAction Auto Body

Rep. Robert L. Brown

South Carolina Legislature

Rep. Gilda Cobb-Hunter

South Carolina Legislature

Pastor Thomas Dickson

The Coalition People United
To Take Back Our Community

Hillery Douglas, Owner

Earth Science, Inc.

Rep. Wendell Guillard

South Carolina Legislature

Elder James Johnson, President

Charleston, S.C. National Action Network

Rev. Robert Leeper

New Hope Baptist Church

Rep. David J. Mack, III

South Carolina Legislature

Victoria Middleton
Executive Director
ACLU of South Carolina

Chris Nelson, RN
Health Care Workers United

Leonard Riley, President

International Longshoreman
Association Local 1422

Larry Singletary
John Singletary
Ramon Roane
Judicial Freedom Riders

Carla Singletary
Helen Singletary
Shirley Hazelton
Families Assistance Management
Services

L. Chris Stewart, Esq.

Stewart, Seay, & Felton Trial
Attorneys

Rev. Mark Kelly Tyler, Ph.D.

Mother Bethel A.M.E. Church

Rep. Seth Whipper

South Carolina Legislature

Sandra Wylder, Owner

Transportation Services
Concerned South Carolina Residents

Dr. Katie B. Catalon

John L. Blunt, Jr.
Arthur Chisolm
Floyd Dotter
James Hall

Hal Henderson
Jacqualine Myers
Bernetta S. Morton
Allen Sires
Louise Rouse

cc: Vanita Gupta, Principal Deputy Assistant Attorney General, Civil Rights
Division, Justice Department
The Honorable R. Keith Summey, Mayor of North Charleston, South Carolina
Ely E.Driggers, Jr., Chief, North Charleston Police Department