NEWS: Following City & DA Asks, Congressman Greg Casar Urges DOJ Investigation of APD

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December 15, 2023

Press Release

‘Pattern or practice’ investigation needed to protect Austinites’ civil rights and safety

AUSTIN, Texas – Today, Congressmen Greg Casar (D-Texas) sent a letter to the United States Department of Justice (DOJ) urging a pattern or practice investigation of the Austin Police Department (APD) concerning excessive and lethal force exercised by Austin police officers, particularly against communities of color and persons with mental health conditions.

“For years, we’ve tried to address use-of-force and discrimination at the Austin Police Department, but many dangerous practices have not been fixed,” said Congressman Greg Casar (D-Texas). “The City and the District Attorney requested that the U.S. Department of Justice conduct an investigation, and as a U.S. Representative, I strongly support their request.”

This Congressional letter follows a Dec. 4 letter

sent by Travis County District Attorney José Garza, City of Austin Mayor Kirk Watson, and Interim City Manager Jesús Garza to the DOJ urging a review of APD’s actions during the protests of 2020.

The U.S. Attorney General has authority to sue local law enforcement agencies for “engag[ing] in a pattern or practice of conduct” that “deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” The term “pattern or practice

,” requires “more than an isolated, sporadic incident,” and wrongdoing must be “repeated, routine, or of a generalized nature.”

Examples of previous DOJ investigations include: 

• DOJ brought to light excessive use of force in the Yonkers Police Department

, the Seattle Police Department, the Puerto Rico Police Department

, and others.

DOJ found that the Maricopa County

sheriff’s department targeted Hispanics, responding to complaints

that alleged no criminal activity, but reported people with “dark skin” congregating in an area, or employees speaking Spanish at a local business. 

DOJ concluded Suffolk County, New York

• police discouraged Latinos from filing complaints and failed to investigate anti-Latino hate crimes.

The full letter can be viewed here.

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Congressman Greg Casar represents Texas’s 35th Congressional District in the U.S. House of Representatives, which runs down I-35 from East Austin to Hays County to the West Side of San Antonio.  A labor organizer and son of Mexican immigrants, Casar serves as the Whip of the Congressional Progressive Caucus for the 118th Congress. He also serves on the Committee on Oversight and Accountability and the Committee on Agriculture.