Justice Dept. Settles Lawsuit Against Berkeley County Sheriff's Office

The Justice Department announced today that it has entered into a consent injunction with the Berkeley County, S.C., Sheriff’s Office. The injunction resolves the United States’ claims against BCSO raised in Prison Legal News v. DeWitt. The United States intervened into the ongoing lawsuit on April 12, 2011. 

The United States alleged that BCSO denied detainees access to books, magazines, newspapers or other expressive materials and denied them the right to practice their religion, in violation of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA). The agreement entered today protects the constitutional and federal statutory rights of detainees by ensuring that they have appropriate access to religious materials and reading materials, access that Berkeley County Detention Center (BCDC) had previously denied. The court will retain oversight over the agreement to ensure that this access is upheld. 

“The rights to practice one’s faith and to be informed about matters of public interest are among our most cherished freedoms,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Department of Justice is committed to vigorously enforcing the First Amendment and RLUIPA to ensure that freedom of expression and religious liberty remain protected. Not only will this agreement uphold the Constitution, it will also promote the safety, security and good order of BCDC; assist in rehabilitating detainees; and ensure that the people of Berkeley County have confidence in the criminal justice system.”

“The rights guaranteed by the Constitution extend to all people in the United States,” said William N. Nettles, U.S. Attorney for the District of South Carolina. “By protecting those rights – even for the incarcerated – we strengthen those rights for all.”