Tab 23 of the Investigation Procedures Manual
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No Violation Letter of Findings
CERTIFIED RETURN RECEIPT REQUESTED.
Re: Complaint Number 171-___-__
This letter is in reference to
your complaint received by the U.S. Department of Justice on April 2, 1997, alleging unequal
treatment in the participation of services and programs at the _________ County Work camp in
________, ________. Specifically, your complaint alleged that when you submitted an
application for approval into the Arts & Crafts program, you were denied access, and believe that
the reason was due to your race.
Title VI of the Civil Rights Act of 1964, as amended, 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 Omnibus Crime Control and Safe Streets Act of 1968, as
amended, 42 U.S.C. 3789d(c) prohibits discrimination on the basis of race, color, national origin,
sex, or religion by recipients of assistance granted under that act, including grants provided
through the Department's Office of Justice Programs and the Office of Community Oriented
The U.S. 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 departments, State departments of
correction, and other entities.
Subsequent to your original letter, we received a letter dated July 31, 1997, in which you
informed us that you were transferred to the _________ Community Service Center, and that
your security level was raised from minimum trustee to minimum direct, preventing you from
working in the community. Further, you stated that this reclassification and raising of your
security level was retribution and intimidation because of your complaint with the Department of
We investigated your allegations, and sent a data request letter to ________,
Commissioner, _______ Department of Correction. We received a response from Mr. _________
and were informed that although your security status was increased from minimum trustee to
minimum direct, you will accrue the same amount of sentence credits as you would have as a
Mr. ________ also explained that you were housed at the ________ County Work Camp
long enough for the administrative staff to reclassify you to minimum trustee, but since you
moved to another institution, under a different administrative staff, it is customary for offenders
to be reclassified until the management of the receiving institution becomes familiar with the
The material submitted by Mr. ________ also included a letter from you requesting
a transfer to the facility where you are presently housed. Mr. _________ stated that if you follow
departmental procedures, the staff and management of the ___________ Community Service
Center may reclassify you back to minimum-trustee status.
After reviewing all of the submitted
materials, we have determined that there are no current violations of Title VI or the
antidiscrimination provisions of the Safe Streets Act. Accordingly, we are closing your
complaint as of the date of this letter. Please note that the closure of this case does not affect your
right to file a complaint with this office in the future. The complaint must be filed within 180
days of the alleged discrimination.
Under the Freedom of Information Act, it may be necessary to
release this information and related correspondence and records upon request. In the event that
we receive such a request, we will seek to protect, to the extent provided by law, personal
information which, if released, could constitute an unwarranted invasion of privacy.
You should be aware that no one may intimidate, threaten, coerce, or engage in other
discriminatory conduct against anyone because he or she has taken action or participated in an
action to secure rights protected by the Safe Streets Act. Any individual alleging such harassment
or intimidation may file a complaint with the Department of Justice. We would investigate such a
complaint if the situation warrants.
If you have any questions regarding this letter, please contact
Mr. Richard Waters at the Coordination and Review Section, Civil Rights Division, Department
of Justice, P.O. Box 66560, Washington, D.C. 29935-6560, and reference the Department of
Justice complaint number cited at the beginning of this letter.
Merrily A. Friedlander
Coordination and Review Section
Civil Rights Division
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