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February 27, 2010
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Former New Mexico Corrections Officer Convicted On Federal Civil Rights Charges

A former New Mexico corrections officer, John Gould, was found guilty today by a federal jury in Albuquerque, N.M., of physically assaulting two prisoners, one at the Dona Ana County Detention Center in October 2002, and another inmate at the Cibola County Detention Center in March 2004, in violation of their constitutional rights. Gould was also found guilty of obstructing justice for filing false reports. A sentencing date has not yet been scheduled.

“For nearly 50 years now, the Civil Rights Division has endeavored to protect the constitutional rights of some of society’s most vulnerable members,” said Wan J. Kim, Assistant Attorney General for the Justice Department’s Civil Rights Division. “We will continue to vigorously prosecute those who willfully abuse their authority to deprive the rights of individuals entrusted to their care.”

The evidence at trial established that on Oct. 16, 2002, Gould and other corrections officers unlawfully beat an inmate who was restrained on his cell floor, causing multiple injuries, including a broken left elbow, a broken right shoulder, broken ribs, and multiple abrasions and contusions. The evidence further established that on March 22, 2004, Gould, then-Cibola County jail administrator, fired 15 rounds from a riot-control weapon at a detainee who was naked and alone in a small holding cell. Eleven of the projectiles, which were plastic with a metal core, hit the detainee in the testicles, legs, hips and chest, causing open wounds and welts that later became infected. Following each incident, defendant Gould falsified reports to cover up his crimes.

The jury found Gould guilty of two counts related to the jail assaults and two counts of obstructing justice following each incident. Gould faces a maximum sentence of 10 years in prison and a fine of $250,000 for each criminal civil rights and obstruction charge.

The case was investigated by the Federal Bureau of Investigation and was prosecuted by the Civil Rights Division of the U.S. Department of Justice.

The Civil Rights Division is committed to the vigorous enforcement of the federal criminal civil rights statutes, such as laws that prohibit the willful use of excessive force or other acts of misconduct by law enforcement officials. In fiscal year 2006, almost 50 percent of the cases filed by the Criminal Section involved excessive force or law enforcement misconduct. Since fiscal year 2001, the Division has filed 25 percent more such cases and convicted nearly 50 percent more defendants in these cases than in the preceding six years. Read more at usdoj.gov.

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Unfair treatment is not necessarily unlawful discrimination.


 


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Civil Rights Attorneys.com Terms

 


Today's Terms

Disparate Treatment

Definition:
Inconsistent application of rules and policies to an individual or one group of people over another. Discrimination may result when rules and policies are applied differently to members of protected classes. Disciplining Hispanic and Afro-American employees for tardiness, while ignoring tardiness among other employees, is an example of disparate treatment.

Equal Employment Opportunity

Definition:
The goal of laws which make some types of discrimination in employment illegal. Equal employment opportunity (EEO) will become a reality when each U.S. citizen has an equal chance to enjoy the benefits of employment. EEO is not a guarantee of employment for anyone. Under EEO law, only job related factors can be used to determine if an individual is qualified for a particular job.

Title VII of the Civil Rights Act of 1964

Definition:
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin. The Civil Rights Act of 1991 (Pub. L. 102-166) (CRA) amends several sections of Title VII. These amendments appear in boldface type. In addition, section 102 of the CRA (which is printed elsewhere in this publication) amends the Revised Statutes by adding a new section following section 1977 (42 U.S.C. 1981), to provide for the recovery of compensatory and punitive damages in cases of intentional violations of Title VII, the Americans with Disabilities Act of 1990, and section 501 of the Rehabilitation Act of 1973. Cross references to Title VII as enacted appear in italics following each section heading.

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