Outgoing Virginia Attorney General Mark Herring is suing a southeastern Virginia town's police department for operating in a way that he said has led to discrimination against black people.

Herring filed the lawsuit against the town of Windsor on Thursday and claimed the town's policing has violated the constitutional rights of black people who have come into contact with authorities in Windsor.

The legal action is in response to an investigation that was launched following a December 2020 traffic stop, according to a report.

During the incident, two Windsor Police Department officers drew their firearms and pointed them at Caron Nazario, who was in a military uniform, according to video footage of the encounter.


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The officers then used a slang term, which Herring said alluded to an execution, pepper-sprayed Nazario, and knocked him to the ground, according to the report.

Nazario has taken legal action against both officers, and one has been fired, the report noted.

"While our investigation was spurred by the egregious treatment against Lt. Nazario that we all saw in bodycam footage, we discovered that this incident was indicative of much larger problems within the department," Herring said. "Our monthslong investigation uncovered huge disparities in enforcement against African American drivers and a troubling lack of policies and procedures to prevent discriminatory or unconstitutional policing."

Black people comprise 22% of Windsor's population but 42% of the department's traffic stops between July 1, 2020, and Sept. 30, 2021, the investigation found.

Police in the area also searched vehicles driven by black people more than vehicles driven by white people, it discovered.

The department is "performing its law enforcement activities in a discriminatory and biased manner," according to the complaint.

A discrepancy in data regarding traffic stops and citations was reportedly apparent between the Windsor Town Council and the Virginia State Police, the investigation noted.

"In all instances, the numbers reported to the Commonwealth were lower than those shared with town council, and the discrepancy has not yet been explained," a release read.

The suit requested that the court enjoins Windsor and its employees from operating discriminatory practices and asked that an independent monitor be brought to the town, at Windsor's expense, to guarantee compliance with state and federal law, according to court documents.

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The lawsuit also requested a $50,000 civil penalty be paid for every infringement of the Virginia Human Rights Act.