County seeks to dismiss DOJ lawsuit

Erie County has responded to a Department of Justice (DOJ)-Civil Rights Division lawsuit regarding the Erie County Holding Center (ECHC) and Erie County Correctional Facility (ECCF) with a motion to dismiss in federal court. The motion was filed in federal court late yesterday.

“The DOJ-Civil Rights Division has no legal foundation to support its allegations related to Erie County and the County’s motion to dismiss highlights the weaknesses in the DOJ’s case,” said Erie County Executive Chris Collins. “This lawsuit is nothing more than hearsay and fictionalized events passed off as reality, and it does not meet the standards under the law.”

In its motion, the County outlined why it believed the DOJ-Civil Rights Division case should be dismissed.

• Under the Civil Rights of Institutionalized Persons Act (CIRPA), the federal government has no ability to regulate standards in local jails. Regulation of local facilities rests with state governments.

• The DOJ-Civil Rights Division has no legal foundation to support its allegations related to Erie County. The DOJ has no legitimate evidence to supports its claim of constitutional violations at either facility.

• The DOJ-Civil Rights Division has not established in its lawsuit a pattern or practice of behavior by Erie County. While highlighting alleged actions taken by individual employees, the DOJ-Civil Rights Division has not shown that as a municipality, Erie County supports and encourages this alleged behavior.

“Erie County continues to provide constitutionally adequate conditions of confinement for people incarcerated in our facilities,” said Collins. “Erie County will not be bullied by the DOJ-Civil Rights Division to provide hotel room standards for people in our facilities.”

The County’s motion to dismiss will be heard in federal court on December, 16, 2009.

The full motion is posted on Erie County’s website at www.erie.gov/depts/county_attorney.