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Former Mental Health Technician Pleads Guilty to Federal Civil Rights Violation


WASHINGTON – Jarvis Malone, a former aide at the Arlington Developmental Center (ADC) in Arlington, Tenn., pleaded guilty today in U.S. District Court in Memphis to violating the constitutional rights of a mentally handicapped patient. During his plea hearing, Malone acknowledged that in June 2005, while working as a developmental technician at the ADC, a state-operated residential treatment facility for the mentally handicapped, he stood the victim against a wall and assaulted the victim. According to evidence presented at the hearing, Malone assaulted the victim to punish him. Malone agreed that his conduct violated federal law.

Malone faces a maximum sentence of 10 years imprisonment and a fine of $250,000. His sentencing hearing is scheduled for Oct. 16, 2007. “Civil rights laws are meant to protect all Americans, including the most vulnerable members of our society,” said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. “The Justice Department is committed to prosecuting those who set aside those laws and violate the constitutional rights of others.”

“The U.S. Attorney’s Office will continue to prosecute those individuals who violate the civil rights of other people. We appreciate the hard work and dedication of the Federal Bureau of Investigation and the Tennessee Bureau of Investigation in their pursuit of ensuring that our citizens’ rights are protected,” said David Kustoff, U.S. Attorney for the Western District of Tennessee.

“The outstanding efforts of our Medicaid Fraud Control Unit is proven here today. Behavior exemplified in this case will not be tolerated in the state of Tennessee. We appreciate the coordination of all the state and federal agencies whose hard work has brought justice,” said Mark Gwyn, Director of the Tennessee Bureau of Investigation.

The Civil Rights Division is committed to the vigorous enforcement of every federal criminal civil rights statute, such as laws that prohibit the wilful use of excessive force or other acts of misconduct by law enforcement officials. In fiscal year 2006, nearly 50 percent of the cases brought by the Criminal Section of the Civil Rights Division involved such prosecutions. Since fiscal year 2001, the Division has convicted 50 percent more defendants for excessive force and official misconduct than in the preceding six years.

This case was investigated by Special Agent Tracey Harris of the Federal Bureau of Investigation and the Medicaid Fraud Control Unit of the Tennessee Bureau of Investigation. Assistant U.S. Attorney Steve Parker of the U.S. Attorney’s Office in Memphis and Trial Attorney Ed Caspar from the Civil Rights Division of the Department of Justice are prosecuting the case.


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