Civil rights attorneys formally ask DOJ to investigate Antioch police

ANTIOCH, Calif. - Civil rights attorneys said they sent a letter last week to the United States Justice Department and the United States Attorney of San Francisco, requesting they investigate allegations of civil rights violations against the Antioch Police Department. 

Attorneys John Burris and Ben Nisenbaum represent 13 plaintiffs so far in two lawsuits against Antioch police, alleging civil rights violations, among other allegations.  

The lawyers said in a statement Sunday "Our belief is that the department, through its officers and command staff, is engaged in systemic practices of racial, homophobic, and antisemitic policing." 

The California Attorney General's Office, the FBI, and the Contra Costa County District Attorney's Office are already investigating Antioch police, the latter two for at least a year-and-a-half. 

Much of those investigations revolve around chains of racist and homophobic text messages involving at least 45 of the department's approximate 100 officers. 

Some of the messages involved threats against Antioch Mayor Lamar Thorpe, who is Black, and other African Americans and people of color, including recently retired police chief Steven Ford.  

Many of the texts showed officers using racist language and describing police violence against suspects. Dozens of officers have been suspended, at least one has been fired, and the city is scrambling to fully staff its ranks.

Attorney John Burris speaks during a press conference at the Antioch Police Department in Antioch, Calif., on April 20, 2023, announcing the filing of a federal lawsuit against the City of Antioch and members of its police force for numerous civil ri

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Attorney Michael Rains, who represents the Antioch Police Officers' Association told KTVU the text messages do not reflect the dozens of officers. He also said civil rights attorneys' request paints the entire department in a negative light.

"it’s very unfair to smear the very fine officers of the department with the bad statements, conduct and action of a few," said Rains. "If the feds contemplate a fair, thorough, objective investigation of the situation – that would be welcomed. We’re not going to oppose that."

At least one officer has already been charged with crimes in connection with the texts, and more charges are expected. Charges have already been dropped in at least two cases involved accused officers and suspects who were people of color. 

Burris and Nisenbaum's statement hinted at more plaintiffs willing to come forward. They said they've interviewed at least 140 others who claim that they also have been subject to multiple constitutional violations by Antioch police officers for years," the statement said.  

"Overall, the majority of Antioch police officers appear out of control and with no institutional accountability to monitor their conduct. John Burris believes that 'the officers represent a clear and present danger to the citizens of this community and must be stopped now.'"  

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Burris and Nisenbaum called for the DOJ to institute a consent decree against the department, forcing it to adhere to new policies and procedures for accountability, with a federal monitor to oversee the reforms.

Antioch Mayor Lamar Thorpe said Monday he welcomes a federal investigation and is not opposed to an independent monitor overseeing the reforms.

But Rains said the POA disagrees.

"We don’t want to see the limited financial resources of Antioch thrown to a single individual like Oakland’s been doing for two decades without really improving the delivery of effective professional police services to the community," said Rains.

Still, civil rights attorneys maintain that command staff either supported bad behavior or turned a blind eye creating a need for federal oversight.

"You can’t get real change with individual cases," Burris said. "But you can do it if you have pattern and practice, and you have the U.S. government saying you are going to do this, and you must do this."

Bay City News contributed to this report.

Brooks Jarosz is a reporter for KTVU. Email him at  brooks.jarosz@fox.com and follow him on Facebook and X @BrooksKTVU