The ACLU of Delaware files a lawsuit against the City of Wilmington over what it calls unconstitutional policing practices.
The class action suit filed in federal court focuses on the Wilmington Police Department’s “Operation Safe Streets” program, claiming Fourth and Fourteenth Amendment violations including unreasonable stops, searches and arrests, and racially-biased policing.
These claims are based on reports from Wilmington residents outlining claims that officers illegally entered their homes, used excessive physical force, and conducted unlawful searches without warrants.
“This thought that the police can just invade any person’s home at any time without a warrant is not constitutional and justifiable,” said ACLU of Delaware legal director Dwayne Bensing.
The partnership between Wilmington PD and Delaware’s Department of Correction allows police and probation officers to jointly monitor those on probation. And Bensing says that contributes to the issue.
“It's a trojan horse where the probation officers who otherwise have authority to search people who are on probation ride along with Wilmington Police Department officers who then are in the proximity of people who are not on probation. And so the people who are within the zone of a person on probation are then also at risk of unconstitutional searches or stops and arrests,” he explained.
The lawsuit was filed on behalf of two individuals representing a class of people affected by these actions and the NAACP Delaware.
Bensing says this action follows an extensive investigation conducted by ACLU-DE into the OSS program.
“This is really part of a broader pattern and practice where many Wilmintonians feel their experience of living in the city is that of a police state,” he said. “Where at any moment, without cause, without any justification, without a warrant, they can be stopped and searched by a Wilmington police officer. And that does not protect public safety and that does not contribute to a better community."
He adds OSS is a voluntary program that Wilmington PD is not obligated to participate in.
Wilmington Mayor Mike Purzycki released the following statement in response to the lawsuit:
“The claims made by the ACLU are offensive to me. The Wilmington Police department makes it a practice to treat every person equally and with the utmost respect even under the very difficult circumstances they face each day as they serve and protect the community. The City does not engage in, promote, or tolerate any policies, practices or customs that discriminate against any group or violate anyone’s rights. We will vigorously defend against this suit in court.”
