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Sam Bagenstos, who during Barack Obama's first term was the Justice Department's No 2 civil rights official, said that the Guardian's exposé of the Homan Square police warehouse raised concerns about "a possible pattern or practice of violations of the fourth and fifth amendments" that warranted an inquiry.
"We have determined that there is cause for the Justice Department to open an investigation to determine whether Ferguson Police officials have engaged in a pattern or practice of violations of the US Constitution or federal law," Holder said.
A court, either upon a voluntary settlement by the parties or an actual judicial finding of a pattern or practice of violations, such as racial profiling or excessive force, can mandate changes under consent decrees with federal monitors.
For a school to actually lose funding over FERPA errors, it would have to show a "pattern or practice" of violations and refuse to correct them even after instruction from the U.S. Department of Education. .
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In situations where federal officials find a pattern or practice of constitutional violations, as in Ferguson, city officials can sign a reform agreement or risk a lawsuit.
"It certainly raises the very serious question about whether there is a pattern of practice of constitutional violations, of excessive force, denial of right to counsel, coercive interrogations," said Bagenstos, now a law professor at the University of Michigan.
The state court acquittals of the Los Angeles Police Department officers in the beating of Rodney King and the subsequent riots led to Congress granting the DOJ the power to sue police departments for a pattern or practice of constitutional violations.
A "finding" by the civil rights division of a pattern or practice of constitutional violations by a police department is a precursor to a lawsuit, which either goes to trial or, if the local authorities agree to changes, may be settled on the day it is filed.
(This may actually come back to bite Gigante -- one of the few plausible ways Eckert and Young could win in court is through municipal liability. They would need to show that there's a pattern or practice of such violations in Deming. Gigante admitting that illegal searches like these are consistent with his department's official policy could help them establish that pattern).
The Obama administration has proposed stronger regulations to foil the industry practice of nonstop violation appeals so obviously risky mines can be kept running.
A lawsuit against the City Health Department, protesting its practice of posting health violations against restaurants on the city's Web site, was dismissed last week by Magistrate Robert M. Levy of Federal District Court here.
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