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January 13, 1998
Mr. Jonathan Complainant
Re: Complaint Number
Dear Mr. Complainant:
This letter responds to your complaint of discrimination against the Alleged Discriminators Police Department (ADPD) on the basis of your race, African-American. Your complaint was received by the Federal Coordination and Compliance Section, Civil Rights Division, Department of Justice on January 5, 1998. You allege that you were stopped by the police in a white area of town, were arrested, and held overnight without justification. You state that other African-Americans have been treated in a similar manner by the ADPD.
Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq., prohibits discrimination on the basis of race, color and national origin in federally funded programs and activities. The Department of Justice (DOJ) enforces Title VI and other civil rights statutes and investigates complaints against recipients of financial assistance from DOJ. The Department's recipients include police departments, sheriff's department's state departments of correction, and other entities.
Based on our review of your complaint, we have determined that the alleged act(s) of discrimination occurred on April 21, 1997. Normally, a complaint must be received by the DOJ within 180 days of the alleged act of discrimination; in the case of your complaint, 180 days from the date of the alleged act(s) of discrimination would be October 19, 1997. Therefore, you have failed to file your complaint in a timely manner.
The Department has the authority to waive the 180-day time period required for filing a complaint if you can demonstrate that your failure to file was based on "good cause." Generally, DOJ will find good cause in the following circumstances:
If you wish to request a waiver, please submit a detailed description explaining why you failed to file your complaint within 180 days of the alleged act(s) of discrimination. If you do not seek a waiver within 30 days of your receipt of this letter, we will close our case.
Under the Freedom of Information Act, 5 U.S.C. § 552, we may be required to release this letter and other correspondence and records related to your complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information which could constitute an unwarranted invasion of your or other's privacy.
If you have any questions concerning this letter, please call Ms. Investigator Outstanding, the investigator assigned to this complaint, at (000) 000-0000 (voice) or (000) 000-0000 (TDD). Please direct any written correspondence regarding this matter to Ms. Investigator at the Federal Coordination and Compliance Section, Civil Rights Division, Department of Justice, P.O. Box 66560, Washington, D.C. 20035-6560 and reference the Department of Justice complaint number cited above.
Merrily A. Friedlander
Subject: Request for Waiver of Timeliness Filing Requirement for Mr. Jonathan Complainant v. the Alleged Discriminators PD, Missouri Docket No. 123-98-2694
Date: March 18, 1998
To: Merrily A. Friedlander
From: Ms. Investigator Outstanding
This complaint against the Alleged Discriminators PD (ADPD) was received by COR on January 5, 1998, from Mr. Jonathan Complainant. In his complaint, Mr. Complainant alleges that he was discriminated against on the basis of his race, African-American, on April 21, 1997. He states that the police stopped him in his car while he was driving in a white area of town, was arrested, and was held overnight without justification. He was denied the opportunity to call his family or to contact a lawyer. He also alleges that other African-Americans have been treated in a similar manner by the ADPD.
On January 13, 1998, we wrote to Mr. Complainant to advise him of the timeliness requirement and that his complaint had been untimely filed, i.e., we had received it after October 19, 1997. We explained the reasons the requirement could be waived and offered him the opportunity to request a waiver of the timeliness requirement. We received his response on January 28, 1998. In his request, he provided the following information.
Mr. Complainant filed his complaint with DOJ immediately following his receipt of the response to his appeal to the City Manager of the ADPD's closure of this complaint.
I recommend that the timeliness requirement be waived in this case, because the Complainant was pursuing the internal grievance process provided by the City to address his discrimination complaint. Please let me know if you would like to discuss this recommendation.
The timeliness requirement is waived.
The timeliness requirement is not waived.
The timeliness requirement is not waived, but the issues should be addressed in a compliance review.
Merrily A. Friedlander Date
This page was last updated on February 07, 2001