Sheriff to face trial over program to harass 'future criminals'

A federal judge has declined to dismiss a complaint that charges a sheriff with establishing a "predictive policing" program that targets "future criminals."

The Institute for Justice reports the decision by Judge Steven Merryday in the case against Pasco County Sheriff Chris Nocco is a victory – at least for now – for the families who brought the complaint.

It means the plaintiffs will have their day in court.

"Today’s decision is an important step toward the ultimate dismantling of the program," explained Ari Bargil, an attorney at the Institute for Justice, which represents the plaintiffs.

"By rejecting the PCSO’s attempt to have the case thrown out, the judge signaled that the plaintiffs’ claims are meritorious and that a full inquiry into the constitutional legitimacy of the program is necessary. We look forward to proving up our claims in the weeks and months to come."

The lawsuit was filed in March and seeks to halt the county's "dystopian 'predictive policing' program."

According to the IJ, an award-winning Tampa Bay Times investigation uncovered deputies regularly would show up at the homes of targeted individuals unannounced and demand entry. If they or their parents don’t cooperate, deputies write tickets for petty violations, like missing house numbers or having grass that is too tall.

One former Pasco County deputy confirmed there were orders to "make their lives miserable until they move or sue."

Can law enforcement predict "future" criminals?

The program was in the headlines once again last week, after it was revealed that the PCSO sent bizarre letters to those targeted under the program to "congratulate" them for their inclusion.

"The Pasco Sheriff’s Office has appointed itself judge, jury, and executioner in the lives of its residents, punishing alleged future criminals for hypothetical crimes that have not been committed," said IJ Senior Attorney Rob Johnson. "Today’s decision means the sheriff is going to have to justify that behavior before a real judge."

IJ explained that for 10 years the law enforcement agency has relied on "a crude computer algorithm to identify and target supposed 'future criminals.'"

The case, in U.S. District Court in Tampa on behalf of Dalanea Taylor, Tammy Heilman, Darlene Deegan and Robert A. Jones III, said they were identified by the algorithm, and then were "relentlessly surveilled and harassed."

The lawsuit contends the county's actions violate the First, Fourth and 14th Amendments.

Jones, IJ said, experienced some of the worst violations.

After his teen son had a run-in with officers in 2015, "deputies started to conduct 'prolific offender checks.' These warrantless 'checks' involved repeated, unannounced visits to Robert’s home at all hours of the day. Robert grew tired of the harassment and stopped cooperating with police. That only made matters worse," IJ said.

Then a deputy measured the length of his grass and issued a citation. But he didn't bother to tell Jones, who was arrested for failing to appear at a hearing "he was never told was happening."

Four more arrests followed, even though all charges were dropped.

"I lived through a living hell because a computer program said my family didn’t belong in Pasco,” said Robert Jones. “I only thought this kind of thing happened in movies, not in America. We’ve got rights. And I’m going to stand up for them and shut this program down."

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