UCLA School of Law

Although the current Administration’s threats to rule of law and accountability are jaw dropping, they are not novel. Across the country, there are—and have long been—jurisdictions and institutional settings extraordinarily inhospitable to the protection of constitutional rights.  In this Essay, we call these places “civil rights deserts,” and suggest that they can take two forms. “Accountability deserts” arise when legal, political, and social conditions prevent misconduct from being exposed or litigated. For example, in Rankin County, Mississippi, a sheriff’s “Goon Squad” allegedly engaged in decades of torture and abuse that remained largely unchallenged because of fear of retaliation, a weak civil-rights bar, and institutional impunity.  “Enforcement deserts” exist when rights violations are recognized and judicial relief is obtained, but local actors resist court-ordered reforms. In Hinds County, next door to Rankin, federal courts and the Department of Justice documented severe constitutional violations in county jails, yet years of monitoring, consent decrees, and contempt findings failed to secure compliance. Ultimately, the court appointed a receiver to take over the jail.Hinds and Rankin counties not only illustrate civil rights deserts in action, but also suggest that strategic litigation, media scrutiny, community advocacy, sustained judicial oversight, and supportive government actors can create oases within them. These case studies therefore offer important lessons for addressing threats to constitutional accountability and the rule of law nationwide.