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August 24, 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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Civil Rights Attorneys.com Terms

 


Today's Terms

Religious Discrimination

Definition:
Religious discrimination occurs when an employment rule or policy requires a person to either violate a fundamental precept of his or her religion or lose an employment opportunity. The definition of "religion" is not restricted to the major religions. Since the provisions under religion include a lack of belief, atheists are also covered. The coverage under religion includes all aspects of religious observances and practices as well as belief.

Underutilization

Definition:
To use less than fully; below potential use. This term is often applied to categories of employees who are working at jobs that do not make full use of their skills and abilities, although they may have been hired for those skills and abilities. When an employee is consistently assigned to "dead end" jobs, he or she may be underutilized because they are often seen as able to perform only limited tasks.

Ethnic Group

Definition:
A group of peoples who share a common religion, color, or national origin. Irish-Americans, Mexican-Americans, German-Americans, Italian-Americans, Hindus, Moslems, and Jews are examples of ethnic groups. Some members of ethnic groups participate in the customs and practices of their groups, while others do not. Discrimination based on these customs and practices is illegal under EEO law.

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