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Colorado City, Police Misconduct, Arizona Utah 2024

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Defendants Found Guilty of Decades-Long Pattern of Police Misconduct and Religious Discrimination

A federal judge yesterday found that the Town of Colorado City and the City of Hildale engaged in a decades-long pattern or practice of police misconduct and housing discrimination, and ordered expansive relief to remedy the violations and prevent further violations in the future.

U.S. District Judge H. Russell Holland’s order, issued yesterday, adopts findings made by a jury last year that the Colorado City Marshals Office engaged in a long-standing pattern of abuses that included false arrests, unreasonable seizures of property, discriminatory policing on the basis of religion, and violating the Establishment Clause of the First Amendment.

“The constitutional right to free exercise of religion, on the one hand, and the statutory right to housing and constitutional policing, on the other hand, are vitally important to a viable, peaceful community,” U.S. District Judge Holland wrote.

Acting Assistant Attorney General Tom Wheeler for the Justice Department’s Civil Rights Division said, “Religious discrimination threatens the Founders’ vision of a society based firmly on principles of liberty and freedom of conscience. No individual in the United States should be treated differently by a town or its police officers because of his or her religion. No religious leaders should be permitted to use the power of sworn law enforcement officers to hide their misdeeds and enforce their decrees.

The adjoining towns of Colorado City and Hildale are located on the border of Arizona and Utah and are populated primarily by members of a faction of the Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) that remains loyal to its imprisoned prophet, Warren Jeffs. Jeffs is currently serving a prison term in Texas of life plus 20 years for aggravated sexual assault of a minor.

The advisory verdict made permanent by U.S. District Judge Holland’s order came after a seven-week trial during which the United States presented evidence from over thirty witnesses that the governments of Colorado City and Hildale are controlled by the FLDS Church and Warren Jeffs. Among other things, Judge Holland concluded that Marshals “officers turned a blind eye to criminal activity involving FLDS Church leaders or members,” including supporting a fugitive and ignoring underage marriages, unauthorized distribution of prescription drugs, and food-stamp fraud.

The court’s findings are accompanied by a comprehensive order designed to remedy the police misconduct and housing discrimination. Under the terms of the order, which lasts for ten years, the defendants must revise the policies of the Marshal’s Office, adopt new internal affairs and hiring practices, hire two new officers, and hire both a police-practices consultant and a mentor for the Chief of Police. The defendants must submit to training and revise numerous municipal policies and procedures, including their water policies and water impact fees. The order also requires the defendants work to subdivide the land in Colorado City, an issue that has long been a point of contention between the defendants and the religiously neutral land trust that took over control of the property in the area from the FLDS Church over a decade ago. Judge Holland will appoint a monitor to track the defendants’ compliance with the order and report to the Justice Department and the court.

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