Wilmington police regularly violate rights of Black people, ACLU's federal lawsuit claims

Tranecka Charles was in her Wilmington home when her 19-year-old daughter suddenly stopped breathing.

An ambulance and paramedics arrived at Charles' West Center City house, along with several Wilmington police officers. What followed that November morning, according to a class-action lawsuit filed Tuesday in U.S. District Court, is just one example of how Wilmington police engage in a pattern and practice that violates the constitutional rights of Black people.

The incident, according to the lawsuit, included police barring the woman from seeing her deceased teen daughter, her son being charged with crimes that would later be dismissed in court, and her other daughter being detained in the back of a police car. Charles was also threatened with criminal charges, according to the lawsuit.

"It is long past time for the WPD to be held accountable for the terror they've instilled in our communities with their racially discriminatory practices," the Delaware State NAACP and Wilmington NAACP said in a statement Tuesday. "We're demanding justice on behalf of those who have been harmed, intimidated, and disrespected by these officers."

Wilmington Police Chief Wilfredo Campos, Wilmington Mayor Mike Purzycki and the city have been named in the lawsuit.

"The claims made by the ACLU are offensive to me," Purzycki said in a statement. "The Wilmington Police Department makes it a practice to treat every person equally and with the utmost respect even under the very difficult circumstances they face each day as they serve and protect the community. The city does not engage in, promote, or tolerate any policies, practices or customs that discriminate against any group or violate anyone's rights.

"We will vigorously defend against this suit in court."

Charles' encounter with police is one story in the 26-page lawsuit filed by the ACLU of Delaware on behalf of the NAACP of Delaware and two people that aims to show a pattern and practice in how Wilmington police repeatedly violate people's rights including their Fourth Amendment, which gives people the right to be secure against unreasonable searches and seizures.

The lawsuit claims Wilmington police violate rights by:

• Stopping, frisking and searching people without reasonable suspicion or probable cause.

• Stopping motor vehicles without reason to believe the driver has committed criminal behavior or violated the motor vehicle code.

• Generating unreasonable searches without a warrant.

• Making unreasonable arrests.

• Racially biased policing, evidenced by large racial disparities that demonstrate the targeting of Black pedestrians and drivers based on their race.

"The absolute lack of oversight combined with a blatant disregard for the rights and well-being of the public is shameful," said Dwayne Bensing, legal director at the ACLU-DE. "This kind of policing isn't providing protection or public safety — it's an abuse of power that needs to be stopped."

The state NAACP and its members are harmed by the Wilmington Police Department's policies and the unconstitutional practices described by the lawsuit impede the organization's goals and directives, the ACLU's statement said.

The lawsuit also claims the Police Department has failed "with deliberate indifference" to monitor its officers for compliance with constitutional practices, investigate and discipline officers who engage in unconstitutional conduct and, by policy and practice, has failed to record and preserve records and information regarding the stop and frisks of civilians whose federal and state rights were violated.

Among the lawsuit's requests is that a monitor be appointed to coordinate and oversee the Police Department's development and compliance with practices of remedying the legal violations.

What happened to Charles

According to the lawsuit, Charles called emergency operators when her daughter, Xzaybion Jeriah Charles, stopped breathing about 8:30 a.m. on Nov. 6 last year.

As emergency crews cared for her daughter upstairs, the lawsuit claims Charles went downstairs where officers asked if her daughter had used drugs. Charles explained her daughter had recently been released from a hospital after being treated for a blood clot.

Officers instructed her not to go upstairs.

About 30 minutes later, Xzaybion Jeriah died, sending Charles and the rest of her family outside their rowhome for some fresh air. Police, according to the lawsuit, told the family they could not enter their home, claiming an "investigation was ongoing."

Charles' son, according to the lawsuit, disobeyed police and entered the house, at which time he was tackled and pinned to the ground. Charles was physically prevented from entering the home to calm her son, who was saying he could not breathe as an officer had a knee on his chest, the lawsuit states.

Other officers "forcibly seized and dragged" Charles and her other daughter down the stairs outside their house, according to the lawsuit.

The officers threatened to arrest Charles for resisting arrest, the lawsuit states, and temporarily detained Charles' other daughter in the back of a police car.

Charles' son received injuries to his left shoulder as he was handcuffed and arrested, according to the lawsuit. He was also charged with resisting arrest and assaulting an officer.

"The charges against Ms. Charles' son were dismissed in court," according to the lawsuit.

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Who else is included in the lawsuit

Charles' story is not the only case claiming they were harmed by Wilmington police, primarily through the Wilmington Safe Streets program where police team up with probation and parole officers.

Lamotte Johns is also suing the city's department after 12 officers went to his home on June 27 searching for Javonte Waters, a former roommate. The lawsuit claims the lead officer had been there three months before searching for Waters.

Both times, the lawsuit says, Johns told the lead officer that Waters had not lived there since September 2020 and was not there.

After telling officers to leave, Johns tried to shut his door but the lead officer used his foot to wedge and force the front door open, the lawsuit said. The officers entered the West Center City home and began searching it without a warrant or probable cause.

Waters had been arrested earlier that day — something the lead officer, according to the lawsuit, knew when he led the search of Johns' home.

Send tips or story ideas to Esteban Parra at (302) 324-2299 or eparra@delawareonline.com.

This article originally appeared on Delaware News Journal: Wilmington police sued by ACLU over unconstitutional practices