Source: United States Department of Justice

On Jan. 9, Pardon Attorney Elizabeth Oyer and members of her team visited Federal Correctional Institution (FCI) Dublin, which has a low-security Federal Bureau of Prisons (FBOP) facility for women with an adjacent minimum security camp, located in Dublin, California. The Pardon Attorney and her team provided a series of educational sessions about the federal clemency process and answered questions from inmates and staff. The Pardon Attorney and her team met with over 300 inmates and staff during their visit.

The visit to FCI Dublin was the fifth in a series of quarterly educational events that the Pardon Attorney is conducting for inmates and staff at different FBOP locations.

The first took place at FCI Fort Dix, a low-security institution in New Jersey, in January. During that visit, the Pardon Attorney and her team met with over 700 inmates and staff in a day-long series of trainings throughout the facility. The second took place at U.S. Penitentiary Lewisburg, a medium-security institution in Pennsylvania, in April. During that visit, the Pardon Attorney and her team met with over 300 inmates and staff in a day-long series of trainings throughout the facility. The third took place at FCI Aliceville, a low-security institution for women in Alabama, in July. During that visit, the Pardon Attorney and her team met with over 500 inmates and staff in a day-long series of trainings throughout the facility. The fourth took place at FCI Petersburg, a medium-security and low-security facility for men with an adjacent minimum security camp. During that visit, the Pardon Attorney and her team met with over 300 inmates and staff in a day-long series of trainings throughout the facility.

These educational sessions within the FBOP are part of an initiative by the Office of the Pardon Attorney to increase the accessibility and transparency of the clemency process through education and community engagement. 

Source: United States Department of Justice

A former Oregon Department of Human Services employee, Zakary Glover, 30, pleaded guilty today to violating the civil rights of a woman with developmental disabilities who was in his care by engaging in sexual misconduct with her.

“This defendant engaged in sexual misconduct with a woman entrusted to his care who was suffering from significant cognitive impairments,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Justice Department will pursue and prosecute government officials who abuse their power by sexually exploiting people under their care and custody, and we will do our utmost to vindicate the rights of survivors of sexual violence.”

“Using a position of trust and authority to violate the civil rights of another person is a serious federal crime and will never be tolerated by the Justice Department,” said U.S Attorney Natalie Wight for the District of Oregon. “We thank our partners at the FBI, Oregon State Police and Civil Rights Division for their commitment to seeking justice in this case.”

“There is an expectation that public servants will act with care, compassion and respect, especially when responsible for some of our most vulnerable community members,” said Acting Special Agent in Charge Matt Schlegel of the FBI Portland Field Office. “The FBI, its law enforcement partners and the U.S. Attorney’s Office will continue to vigorously pursue any individual who violates that trust and hold them accountable for their heinous actions.”

According to the plea agreement, at the time of the offense, Glover worked as a direct support crisis specialist for the Office of Developmental Disabilities Stabilization and Crisis Unit. On Nov. 2, 2021, Glover transported an adult woman in his care to an outing in Salem, Oregon. The victim suffers from severe autism and epilepsy, cognitive delays and very limited verbal ability. Staff members responsible for her care communicate by showing her picture books, displaying YouTube videos or drawing pictures.

During the outing, Glover detoured down a dead-end road in Aumsville, Oregon. Glover parked the van and then, using force, attempted to and did cause the victim to engage in a sexual act without her consent. After doing so, Glover forcefully grabbed her and then positioned his body in a way that allowed him to attempt to force her into another non-consensual sexual act. Glover admitted that the victim did not consent to any of the sexual activity. Among other offenses, his conduct constituted attempted aggravated sexual abuse.

A sentencing hearing is set for April 30. Glover faces a maximum penalty of life in prison and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

The FBI Portland Field Office investigated the case.

Assistant U.S. Attorney Gavin Bruce for the District of Oregon and Trial Attorney Daniel Grunert of the Civil Rights Division’s Criminal Section are prosecuting the case.

Source: United States Department of Justice

Two North Chesterfield, Virginia, animal breeders, Elena Mikirticheva and Andrey Mikirtichev, recently surrendered approximately 200 dogs and cats following court-ordered injunctive relief secured by the Justice Department, on behalf of the U.S. Department of Agriculture (USDA), for alleged, pervasive mistreatment of the animals in their possession.

U.S. District Judge David J. Novak for the Eastern District of Virginia ordered the relief to replace a temporary restraining order after considering a joint agreement by the United States and the defendants. Following entry of the court order, around 45 dogs and cats were surrendered to USDA, which placed the animals in Virginia shelters and rescue organizations for adoption. The agencies then worked with the Virginia Attorney General’s Office, which seized the remaining animals, more than 150, and placed them with the Humane Society of the United States.

Subsequently, the Justice Department filed a consent decree in the U.S. District Court for the Eastern District of Virginia to permanently ban Mikirticheva and Mikirtichev from Animal Welfare Act (AWA) licensure or registration. The USDA filed a corresponding consent decision and order in its administrative enforcement proceeding that includes more than $300,000 in civil penalties and permanent AWA license revocation. Both filings were approved.

In August, the Justice Department filed a complaint and motion for temporary restraining order alleging that Mikirticheva and Mikirtichev, licensed under the AWA, had received over 50 AWA citations for failing to provide adequate shelter, medical and other care, and access to USDA APHIS inspectors, thereby placing the health of their animals in serious danger. The filings alleged that, over the course of two years, APHIS inspectors repeatedly found animals in need of veterinary care. The defendants would delay seeking veterinary care, and, even when animals were seen by a veterinarian, the defendants would fail to follow the veterinarian’s advice. The filings further alleged that APHIS inspectors found animals in cages smaller than AWA requirements and others that were seemingly dehydrated or malnourished due to dominant or aggressive behavior displayed by animals with whom they should not have been housed. APHIS inspectors also allegedly observed junk, waste and/or hazardous materials in areas accessible to the animals.

Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division and Deputy Administrator Dr. Roxanne Mullaney of the USDA’s Animal and Plant Health Inspection Service (APHIS) Animal Care Program made today’s announcement.

USDA APHIS investigated and referred the case as well as removed and secured placement for animals surrendered to it from the facility. The Environment and Natural Resources Division’s Wildlife & Marine Resources Section filed the complaint, preliminary injunction motion, and consent decree in the U.S. District Court for the Eastern District of Virginia.

The federal case is United States v. Elena Mikirticheva and Andrey Mikirtichev, No. 3:23-cv-552.

Source: United States Department of Justice

The Justice Department today sent to the Federal Register for publication a notice of proposed rulemaking under Title II of the Americans with Disabilities Act (ADA) that aims to improve access to medical diagnostic equipment (MDE) for people with disabilities. MDE includes equipment like medical examination tables, weight scales, dental chairs, x-ray machines and mammography equipment. 

Accessible MDE is essential for people with disabilities to have equal access to medical care. The rule proposes to adopt technical standards that clarify how public entities that use MDE, such as hospitals and health care clinics operated by state or local governments, can meet their existing obligations under the ADA. The department has received many complaints from individuals with disabilities that health care providers have not provided them with basic, vital health care — for example, not obtaining an accurate weight when administering anesthesia before surgery — because of the lack of accessible MDE.

“Individuals with disabilities often experience great difficulty obtaining routine or preventative medical care because of inaccessible medical diagnostic equipment. From examination tables to weight scales to mammography equipment, accessible MDE is critical to ensuring equal access to medical care,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “This groundbreaking rule marks a significant milestone in the Justice Department’s efforts to remove barriers that people with disabilities face when accessing medical care.”

The department is eager to hear from the public and get input from stakeholders on our proposed rule. The proposed rule will soon be available for review on the Federal Register’s website at www.federalregister.gov. A fact sheet that provides information about the proposed rule will soon be available on www.ada.gov. The department invites the public to submit their comments on the proposed rule once it is published. The comment period will be open for 30 days from the date the proposed rule is published. Public comments can be submitted on www.regulations.gov.

For more information on the Civil Rights Division, please visit the department’s website. For more information on the ADA, please call the department’s toll-free ADA Information Line at 800-514-0301 (TDD 833-610-1264) or visit the ADA website.