Civil Rights Prosecutions for August 2013

Number Latest Month 21
Percent Change from previous month 31.3
Percent Change from 1 year ago 20.6
Percent Change from 5 years ago (Including Magistrate Court) 0.9
Percent Change from 5 years ago (Excluding Magistrate Court) 4.5
Table 1: Criminal Civil Rights Prosecutions

The latest available data from the Justice Department show that during August 2013 the government reported 21 new civil rights prosecutions. According to the case-by-case information analyzed by the Transactional Records Access Clearinghouse (TRAC), this number is up 31.3% over the previous month.

The comparisons of the number of defendants charged with civil rights-related offenses are based on case-by-case information obtained by TRAC under the Freedom of Information Act from the Executive Office for United States Attorneys. (See Table 1)

When monthly 2013 prosecutions of this type are compared with those of the same period in the previous year, the number of filings was up (20.6 percent). Prosecutions over the past year are still much higher than they were five years ago. Overall, the data show that prosecutions of this type are up 0.9 percent from levels reported in 2008.

Plot of _FREQ_ by FYMONDT

Figure 1: Monthly trends in civil rights prosecutions

The leveling out from the levels five years ago in civil rights prosecutions for these matters is shown more clearly in Figure 1. The vertical bars in Figure 1 represent the number of civil rights prosecutions of this type recorded on a month-to-month basis. Where a prosecution was initially filed in U.S. Magistrate Court and then transferred to the U.S. District Court, the magistrate filing date was used since this provides an earlier indicator of actual trends. The superimposed line on the bars plots the six-month moving average so that natural fluctuations are smoothed out. The one and five-year rates of change in Table 1 and in the sections that follow are all based upon this six-month moving average. To view trends year-by-year rather than month-by-month, see TRAC's annual report series for a broader picture.

Within the broad category of civil rights, cases were classified by prosecutors into more specific types.

Case types within civil rights are

  • Civil Rights - Other

  • Civil Rights - Law Enforcement

  • Civil Rights - Slavery/Involuntary Servitude

  • Civil Rights - Racial Violence, Including Hate Crimes

  • Civil Rights - Access to Clinic Entrances

  • Civil Rights - Hate Crimes Arising Out of Terrorist Attacks on the US

The largest number of prosecutions of these matters in August 2013 was for "Civil Rights-Slavery/Invol. Servitude", accounting for 85.7 percent of prosecutions. Prosecutions were also filed for "Civil Rights-Law Enforcement" (9.5%), " Civil Rights-Other" (4.8%). See Figure 2.

The lead investigative agency for civil rights prosecutions in August 2013 was FBI accounting for 67 percent of prosecutions referred. Other agencies with substantial numbers of civil rights referrals were: DHS (19% ), Local (14%). See Figure 3.

Pie chart of progcatlabel

Figure 2: Specific types of prosecutions
Pie chart of agenrevgrp

Figure 3: Prosecutions by investigative agency

Civil Rights Prosecutions in U.S. Magistrate Courts

Top Ranked Lead Charges

In August 2013, 1 defendants in civil rights cases for these matters were filed in U.S. Magistrate Courts. These courts handle less serious misdemeanor cases, including what are called "petty offenses." In addition, complaints are sometimes filed in the magistrate courts before an indictment or information is entered. In these cases, the matter starts in the magistrate courts and later moves to the district court where subsequent proceedings take place.

In the magistrate courts in August the most frequently cited lead charge was Title 18 U.S.C Section 1594 involving the "Attempted Forced Labor". This was the lead charge for 100 percent of all magistrate filings in August.

Civil Rights Prosecutions in U.S. District Courts

In August 2013, 20 defendants in new cases for these matters were charged in the U.S. District Courts. In addition during August there were an additional 2 defendants whose cases moved from the magistrate courts to the U.S. district courts after an indictment or information was filed. The sections which follow cover both sets of cases and therefore cover all matters filed in district court during August.

Top Ranked Lead Charges

Table 2 shows the top lead charges recorded in the prosecutions of civil rights matters filed in U.S. District Court during August 2013.

Lead Charge Count Rank  
18 USC 1591 - Sex trafficking of children by force, fraud or coercion 11 1 More
18 USC 1589 - Forced Labor 5 2 More
18 USC 242 - Deprivation of rights under color of law 3 3 More
08 USC 1326 - Reentry of deported alien 1 4 More
18 USC 371 - Conspiracy to commit offense or to defraud US 1 4 More
18 USC 2422 - Transport for sex - Coercion and enticement 1 4 More
Table 2: Top charges filed

  • "Sex trafficking of children by force, fraud or coercion" (Title 18 U.S.C Section 1591) was the most frequent recorded lead charge.

  • Ranked 2nd in frequency was the lead charge "Forced Labor" under Title 18 U.S.C Section 1589.

  • Ranked 3rd was "Deprivation of rights under color of law" under Title 18 U.S.C Section 242.

Top Ranked Judicial Districts

In August 2013 the Justice Department said the government brought 8.6 civil rights prosecutions for every ten million people in the United States.

Understandably, there is great variation in the number of civil rights prosecutions that are filed in each of the nation's ninety-four federal judicial districts.

The districts registering the largest number of prosecutions of this type last month are shown in Table 3.


Judicial District Count Rank  
Texas, W 5 1 More
Kansas 3 2 More
Minnesota 3 2 More
Ga, N 2 4 More
Texas, N 2 4 More
Cal, C 1 6 More
Ga, S 1 6 More
Ken, W 1 6 More
Mo, W 1 6 More
Ohio, N 1 6 More
Penn, E 1 6 More
Wash, W 1 6 More
Table 3: Top 10 districts

  • The Western District of Texas (San Antonio)—with 5 prosecutions—was the most active during August 2013.

  • The District of Kansas and District of Minnesota ranked 2nd.

Top Ranked District Judges

At any one time, there are about 680 federal District Court judges working in the United States. The judges recorded with the largest number of new civil rights crime cases of this type during August 2013 are shown in Table 4.

Judge Count Rank  
Martinez, Philip Ray Texas, W 5 1 More
Melgren, Eric F. Kansas 3 2 More
Ericksen, Joan N. Minnesota 3 2 More
Vineyard, Russell G. Ga, N 2 4 More
Godbey, David C. Texas, N 2 4 More
Smith, G. R. Ga, S 1 6 More
Russell, Thomas B. Ken, W 1 6 More
Fenner, Gary A. Mo, W 1 6 More
Pearson, Benita Yalonda Ohio, N 1 6 More
McLaughlin, Mary A. Penn, E 1 6 More
Leighton, Ronald B. Wash, W 1 6 More
Table 4: Top 10 judges

All 11 of the "top ten" judges were in districts which were in the top ten with the largest number of civil rights filings . (Because of ties, there were a total of 11 judges in the "top ten" rankings.)

  • Judge Philip Ray Martinez in the Western District of Texas (San Antonio) ranked 1st with 5 defendants in civil rights cases.

  • Judges Eric F. Melgren in the District of Kansas and Joan N. Ericksen in the District of Minnesota ranked 2nd with 3 defendants in civil rights cases.

Report Generated: November 12, 2013
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