The Pasco County Sheriff's Office is permanently scuttling a predictive policing program that was the subject of critical media investigations and a pending civil rights lawsuit alleging the program amounted to frequent unconstitutional harassment of families.
In a settlement agreement ending that civil rights lawsuit, the Pasco County Sheriff's Office acknowledged that its "Intelligence Led Policing" (ILP) program exceeded officers' implied license to knock on doors and perform offender checks, interfering with the plaintiffs' First, Fourth, and Fourteenth Amendment rights.
One of those plaintiffs, Darlene Deegan, was harassed for three years by Pasco sheriff's deputies after her opioid-addicted son was flagged by the program. This included repeated, day-after-day visits to her house by police, demanding to know where her son was, and accruing $3,000 in fines for petty code violations, allegedly in retaliation for her refusal to cooperate.
"For years, the Pasco Sheriff's Office treated me like it could do anything it wanted," Deegan said in a press release issued by the Institute for Justice, a public interest law firm that represented her and several other county residents. "But today proves that when ordinary people stand up for themselves, the Constitution still means what it says."
The Institute for Justice filed a federal civil rights lawsuit in 2021 on behalf of Deegan and three other Pasco County residents who claimed the harassment violated their constitutional rights.
In addition to ending the ILP program and agreeing not to create a similar one, the Pasco County Sheriff's Office will pay $105,000 to the four plaintiffs in the lawsuit.
A 2020 Tampa Bay Times investigation first revealed how the ILP program used algorithms to flag "prolific offenders" that it believed were likely to be future offenders. Many of them were juveniles, such as 15-year-old Rio Wojtecki. Once someone was added to the list, deputies targeted their family, workplace, and friends and associates for suspicionless "checks," including at nighttime. Deputies contacted Wojtecki or his family 21 times over a four-month period—at his house, at his gym, and at his parents' work. When Wojtecki's older sisters refused to let deputies inside the house during one late-night visit, a deputy shouted, "You're about to have some issues."
"Make their lives miserable until they move or sue," was how one former deputy described the program to the newspaper. Body camera footage obtained by the Tampa Bay Times backed up both the residents' and whistleblowers' claims that deputies used frivolous code violations to retaliate against targets.
The Pasco County Sheriff's Office originally defended the ILP program. A department spokeswoman told a Florida news outlet in 2022, in response to another lawsuit over the program, that the "ILP philosophy attempts to connect those who have previously offended with resources to break the cycle of recidivism. This ILP philosophy has led to a reduction in crime and reduction in victimization in our community and we will not apologize for continued efforts to keep our community safe."
But last year the department announced in court that it was phasing out the "prolific offender" list. The Institute for Justice hopes that the settlement agreement will stop the program from ever being resurrected.
"For years, the Pasco Sheriff ran an unconstitutional program, harassing kids and their parents because a glorified Excel spreadsheet predicted they would commit future crimes," Institute for Justice senior attorney Rob Johnson said in a press release. "Today the Sheriff acknowledged that dystopian program violated the Constitution and agreed never to bring it back."
The Pasco County Sheriff's Office released a statement to Reason that says in part:
The Pasco Sheriff's Office will never apologize for keeping our community safe and holding those who victimize our community accountable for their actions.
It is important to note that this is the final case tied to the false reporting alleged by former members of the Sheriff's Office who were held accountable and disciplined for their actions. In all previous cases, courts ruled in favor of the Sheriff's Office and, in this case, a court also found that the Sheriff's Office written policies were constitutional.
To be clear, this activist group from outside our community represented four individuals and this is related to these four individuals only.
As a steward of taxpayer dollars, the Sheriff must adhere to that responsibility and, when presented with a financially minimal settlement agreement of $105,000, which is significantly lower than anticipated attorney costs for trial which could have reached millions of dollars, accepting the settlement was the best decision for the taxpayers of Pasco County. This was strictly a financial decision that was best for the taxpayers who fund our operations and will be paid for by the Florida Sheriff's Association Risk Management Fund.
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