Attorney General Reports Excessive Force by Bristol County Sheriff

A recent report from Massachusetts Attorney General Maura Healey concluded that Bristol County Sheriff Thomas Hodgson and his staff violated the civil rights of immigrant detainees during a response to a disturbance on May 1, 2023. The investigation, which spanned several months, revealed that excessive force was employed, including the use of flash bang grenades, pepper spray, and canines.

The attorney general’s findings indicate that the actions of the Bristol County Sheriff’s Office (BCSO) not only breached the rights of the detainees but also posed significant risks to their health and safety. Healey remarked, “Our investigation revealed that the Bristol County Sheriff’s Office violated the rights of detainees by using excessive force and by seriously risking their health and safety.” She emphasized the need for reform and called for the U.S. Department of Homeland Security to terminate its contracts with the BCSO “as expeditiously as possible.”

In response to the report, Healey urged for the immediate transfer of current federal immigration detainees to other facilities to safeguard their well-being. The BCSO dismissed the attorney general’s report as politically motivated, claiming it was filled with “baseless allegations and assumptions.” The sheriff’s office expressed support for the staff involved in the incident and looks forward to the results of an ongoing investigation by the Department of Homeland Security’s Office of the Inspector General.

The incident that triggered the investigation began when a disturbance occurred among detainees in Unit B. Reports suggest that several detainees were screened for COVID-19 symptoms. Ten individuals were informed, in English—a language many did not fully understand—that they needed to leave their unit for testing. The detainees refused, fearing exposure to the virus, which escalated tensions.

As the situation intensified, Sheriff Hodgson confronted the detainees, warning that they would be removed by force if necessary. Witness accounts of the ensuing chaos vary, but one detainee, referred to as M.B., reported that Hodgson grabbed his phone while he was attempting to call his attorney. This interaction sparked panic among the detainees, leading to the deployment of pepper spray.

The report describes the scene as “scary,” with detainees rushing to assist M.B. Pepper spray was used extensively, causing many detainees to believe a noxious gas was being pumped through the ventilation system. Video footage captured detainees engaging in destructive behavior, including breaking furniture and damaging the facility.

An hour later, detainees were seen in distress, some using towels to cover their faces due to the effects of the pepper spray. BCSO staff believed the towels were an indication that detainees were preparing for a confrontation. As tensions mounted, the BCSO’s Special Response Team organized outside the unit, planning to re-enter.

The attorney general’s report highlights that the BCSO staff failed to de-escalate the situation and did not consider the medical needs of detainees, some of whom had serious health issues. When the Special Response Team entered the unit, they deployed a flash bang grenade and fired at least 30 rounds of pepper-balls at detainees, many of whom were not resisting.

The aftermath of the incident was troubling. One detainee, identified as G.L., lost consciousness and required chest compressions. Others exhibited respiratory distress and were transported to a hospital. The report noted that Hodgson recorded much of the incident on his personal cell phone, raising questions about the appropriateness of such actions.

Prisoner rights advocates voiced concerns over the treatment of detainees, stating that many were placed in isolation with limited access to legal counsel and no clear information regarding their rights. The BCSO reportedly segregated 25 detainees from Unit B without considering their individual involvement in the disturbance.

Tensions had been escalating between the detainees and BCSO staff for months prior to the altercation. Advocates argue that both Hodgson and U.S. Immigration and Customs Enforcement (ICE) neglected the health of detainees during the pandemic. The attorney general’s report concluded that the BCSO violated the constitutional rights of the detainees through excessive force and indifference to their health and safety.

In response to the findings, Healey recommended that the BCSO implement new policies to prevent future conflicts, enhance training on cultural sensitivity, and conduct an external audit of existing use-of-force procedures. Additionally, she called on the Massachusetts General Court to legislate against the BCSO housing immigration detainees or engaging in federal immigration enforcement.

Civil rights advocates applauded the attorney general’s report, stating that it aligns with previous federal court rulings against Hodgson. Lawyers for Civil Rights stated, “Sheriff Hodgson has repeatedly been found, by both federal and state officials, to violate the rights of those in his care.” They urged for his resignation to prevent further harm to detainees.

Following the Unit B incident, several organizations, including the American Civil Liberties Union (ACLU) of Massachusetts, have sought transparency from the BCSO regarding the events of that day. The ACLU is currently pursuing legal action to obtain public records related to the incident, underscoring the ongoing demands for accountability and reform within the BCSO.

The complexity of the situation highlights the need for systemic changes in how immigration detainees are treated, particularly regarding their rights and safety while in custody.