Case: U.S. v. City of Columbus, Ohio

2:99-cv-01097 | U.S. District Court for the Southern District of Ohio

Filed Date: Oct. 21, 1999

Closed Date: 2002

Clearinghouse coding complete

Case Summary

In 1998, the Civil Rights Division of the Department of Justice (DOJ) conducted an investigation of the Columbus Division of Police (CDP). As a result of the investigation, the DOJ determined that CDP officers were engaged in a pattern or practice of using excessive force, making false arrests and lodging false charges, and conducting improper searches and seizures in violation of the Fourth and Fourteenth Amendments. On October 21, 1999, the DOJ filed a complaint against the City of Columbus, …

In 1998, the Civil Rights Division of the Department of Justice (DOJ) conducted an investigation of the Columbus Division of Police (CDP). As a result of the investigation, the DOJ determined that CDP officers were engaged in a pattern or practice of using excessive force, making false arrests and lodging false charges, and conducting improper searches and seizures in violation of the Fourth and Fourteenth Amendments. On October 21, 1999, the DOJ filed a complaint against the City of Columbus, Ohio pursuant to the Law Enforcement Misconduct Statute, 42 U.S.C. § 14111, in U.S. District Court for the Southern District of Ohio to remedy an alleged pattern or practice of unconstitutional misconduct by officers of the CDP. The case was assigned to Judge John D. Holschuh and Magistrate Judge Norah M. King.

Contemporaneously with the filing of the DOJ's complaint, the DOJ filed a motion to stay the proceedings so that the parties could explore settlement. Judge King entered a stay, which expired on December 20, 1999, without the parties reaching a settlement.

On October 25, 1999, the Fraternal Order of Police, Capital City Lodge No. 9 ("FOP") filed a motion to intervene as a defendant in the action. Judge King granted the FOP's motion to intervene on February 7, 2000.

The City then moved to dismiss the case, and the FOP moved for a judgment on the pleadings. In those motions, the defendants noted that no court had yet interpreted or applied the language of 42 U.S.C. § 14141. The defendants maintained that §14141 was an unconstitutional enactment, outside Congress' authority pursuant to § 5 of the 14th Amendment and in violation of the Tenth Amendment. The defendants further argued that § 14141 must be construed to incorporate the 42 U.S.C. § 1983 cases for determining municipal liability. The defendants argued that the DOJ's complaint was therefore deficient because it failed to plead facts that the City caused, or was deliberately indifferent to, the pattern or practice of CDP officer misconduct as alleged in the complaint.

The DOJ filed a brief responding to the constitutional challenge to 42 U.S.C. § 14141. The DOJ also argued that the language of § 14141 imposed vicarious liability on the City for the acts of its officers. The DOJ argued that the § 1983 standards of municipal liability were not applicable to § 14141 cases, and therefore the complaint properly stated a cause of action.

On April 26, 2000, Judge Holschuh referred the dispositive motions to Magistrate Judge Norah M. King for a report and recommendation. She issued her report in August, finding that 42 U.S.C. § 14141 was constitutional. She construed § 14141 to require the same level of proof as is required against municipal entities in actions under § 1983, as set forth in Monell v. Department of Social Services of the City of New York, 436 U.S. 658, 691 (1978) and its progeny.

In response to the Judge King’s report, U.S. Representatives John Conyers, Jr., the ranking minority member of the House Judiciary Committee, and other representatives moved for leave to participate as amici curiae. Representative Conyers was an original cosponsor of the Police Accountability Act - legislation that contained the language that ultimately was embodied in 42 U.S.C. § 14141. As grounds for their participation, the representatives stated that their interest was to correct the Judge King’s interpretation of § 14141 as imposing § 1983's "policy or custom" test for determining municipal liability that they believed was a misapplication of the statute.

The Grand Lodge of FOP, the national police officer labor organization, also filed an amicus motion, taking positions supportive of those taken by the City and the local FOP.

On November 20, 2000, Judge Holschuh granted the motions for leave to participate as amici curiae, and amicus briefs were then filed. After an extended round of additional briefing, there was a lengthy period of case inactivity while settlement negotiations continued.

On September 4, 2002, Columbus Mayor Michael Coleman submitted a settlement proposal to the DOJ that outlined various reforms the CPD agreed to make in exchange for the dismissal of the DOJ's complaint without prejudice.

In the settlement proposal, Mayor Coleman listed their ongoing efforts to remedy the alleged issues through:

  • The expansion of the staffing and scope of responsibility of the Internal Affairs Bureau implemented in July 2001. This included specialized training and community outreach programs to publicize and explain the new citizen complaint process;
  • The expansion of the definition of actions that constitute a use of force, enhanced reporting of all uses of force and adoption of a use of force continuum;
  • Heightened commitment to prevent racial profiling including specialized training as well as an implementation of regular, periodic reviews;
  • Passing of Ordinance 1475-01 by Columbus City Council on September 24, 2001, to specifically include racial profiling as a criminal offense;
  • Installation of video and audio recorders in police cruisers; and
  • Agreement to provide copies of relevant Division of Police documents to the Department of Justice through the end of 2003.

The DOJ found the efforts satisfactory and agreed to end the litigation. On September 4, 2002, Judge Holschuh granted the DOJ's motion to dismiss the case without prejudice.

The case is now closed.

Summary Authors

Dan Dalton (1/4/2007)

Jake Parker (7/12/2018)

Averyn Lee (3/10/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6170258/parties/united-states-v-city-of-columbus-oh/


Judge(s)

Holschuh, John David (Ohio)

King, Norah McCann (Ohio)

Attorneys(s) for Plaintiff

Bennington, Jeffrey (Ohio)

Boyd, Ralph F. Jr. (District of Columbia)

Eichner, James (District of Columbia)

Howard, Robert C. (Illinois)

Lee, Bill Lann (District of Columbia)

Masling, Mark S. (District of Columbia)

Murphy, Donna M. (District of Columbia)

Posner, Mark A. (District of Columbia)

Judge(s)

Holschuh, John David (Ohio)

King, Norah McCann (Ohio)

Attorneys(s) for Plaintiff

Bennington, Jeffrey (Ohio)

Boyd, Ralph F. Jr. (District of Columbia)

Eichner, James (District of Columbia)

Howard, Robert C. (Illinois)

Lee, Bill Lann (District of Columbia)

Masling, Mark S. (District of Columbia)

Murphy, Donna M. (District of Columbia)

Posner, Mark A. (District of Columbia)

Reno, Janet (District of Columbia)

Rosenbaum, Steven H. (District of Columbia)

Sanders, Deborah F. (District of Columbia)

Schlanger, Margo (District of Columbia)

Trainor, Cathleen (District of Columbia)

Zealey, Sharon J. (District of Columbia)

Attorneys(s) for Defendant

Cox, Joshua T. (Ohio)

Henderson, C. David (New Mexico)

Jackson, Janet E. (Ohio)

Kulewicz, John J. (Ohio)

Mangan, Timothy J. (Ohio)

Peeples, Andrea C. (Ohio)

Phillips, James Edgar (Ohio)

Redick, Glenn B. (Ohio)

Rogers, Douglas L. (Ohio)

Other Attorney(s)

Bagenstos, Samuel R. (Massachusetts)

Documents in the Clearinghouse

Document

Docket (PACER)

U.S. v. City of Columbus

Sept. 4, 2002 Docket
1

Complaint

U.S.v. City of Columbus

Oct. 21, 1999 Complaint
23

Defendant City's Motion to Dismiss and Memorandum in Support

U.S.v. City of Columbus

Feb. 9, 2000 Pleading / Motion / Brief
24

Motion for Judgment on Pleadings by FOP, Capital City Lodge No. 9 and Memorandum in Support

U.S.v. City of Columbus

Feb. 18, 2000 Pleading / Motion / Brief
34

Reply of the Fraternal Order of Police, Capital City Lodge No. 9, to the US's Memorandum in Opposition to the City of Columbus' Motion to Dismiss and the Fraternal Order of Police's Motion for Judgment on the Pleadings

U.S.v. City of Columbus

April 14, 2000 Pleading / Motion / Brief
35

Defendant City's Reply Memorandum in Support of the Motion to Dismiss

U.S.v. City of Columbus

April 17, 2000 Pleading / Motion / Brief
42

Reply Memorandum of the Fraternal Order of Police, to the United States' Supplemental Memorandum in Opposition to FOP's Motion for Judgment on the Pleadings

U.S.v. City of Columbus

May 23, 2000 Pleading / Motion / Brief
53-1

Amended Complaint

U.S.v. City of Columbus

June 28, 2000 Complaint
57

Report and Recommendation

U.S.v. City of Columbus

2000 WL 1133166, 2000 U.S.Dist.LEXIS 11327

Aug. 3, 2000 Magistrate Report/Recommendation
58

Defendant City's Objections to the Report and Recommendation of the Magistrate Judge

U.S.v. City of Columbus

Aug. 14, 2000 Pleading / Motion / Brief

Resources

Title Description External URL

Resolution Pattern or Practice Litigation: Columbus Police

United States Department of Justice

The goal of the United States since this lawsuit began has been to ensure that the constitutional rights of all who come in contact with the CDP are protected, by obtaining changes in the way the CDP… Sept. 4, 2002

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6170258/united-states-v-city-of-columbus-oh/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link

Summons Issued

Oct. 21, 1999 PACER
1

COMPLAINT (referred to Mag. Judge Norah M. King ) ( no. pgs: 6) (sem) (Entered: 10/21/1999)

Oct. 21, 1999 PACER
2

MOTION by plaintiff USA to stay proceedings ( no pgs: 9) (sem) (Entered: 10/21/1999)

Oct. 21, 1999 PACER

Summons issued as to defendant City of Columbus, OH (sem)

Oct. 21, 1999 PACER
3

RESPONSE by defendant City of Columbus, OH to motion to stay proceedings [2-1] ( no pgs: 2) (gk) (Entered: 10/22/1999)

Oct. 21, 1999 PACER
4

RETURN OF SERVICE executed upon defendant City of Columbus, OH on 10/21/99 ( no pgs: 2) (sem) (Entered: 10/25/1999)

Oct. 22, 1999 PACER
5

MOTION by movant FOP Capital City to intervene as a deft ( no pgs: 19 + exh) (pl) (Entered: 10/26/1999)

Oct. 25, 1999 PACER

Minutes - Miscellaneous

Nov. 1, 1999 PACER
6

ORDER by Mag. Judge Norah M. King granting in part motion to stay proceedings until 12/20/99 [2-1]; all proceedings stayed except that motion to intervene shall proceed in accordance with the local rules of this court (cc: all counsel) ( no pgs: 1) (pl) (Entered: 11/03/1999)

Nov. 1, 1999 PACER

CIVIL MINUTES: Proceeding before Judge John D. Holschuh Judge announces decision of Mgst Judge King to stay all proceedings except the motion of the FOP to Intervene, until 12/10/99 (cc: all counsel) ( no pgs: 1) (pl)

Nov. 1, 1999 PACER
7

RESPONSE by defendant City of Columbus, OH to motion to intervene as a deft [5-1] ( no pgs: 3) (pl) (Entered: 11/16/1999)

Nov. 15, 1999 PACER
8

RESPONSE by plaintiff USA to motion to intervene as a deft [5-1] ( no pgs: 32) (pl) (Entered: 11/16/1999)

Nov. 15, 1999 PACER
9

REPLY by defendant City of Columbus, OH to response to motion to intervene as a deft [5-1] ( no pgs: 18 plus Exhibits A thru C) (gk) (Entered: 11/26/1999)

Nov. 23, 1999 PACER
10

ORDER by Mag. Judge Norah M. King: Movant to provide a copy of the current CBA and supplemental memo in support of its motion w/i 10 days. Pltf & City of Columbus have 14 days from date of filing to respond to the supplemental memo. Movant may have 10 days therafter to reply if responses express disagreement with the suppl memo (cc: all counsel) ( no pgs: 3) (pl) (Entered: 12/08/1999)

Dec. 7, 1999 PACER
11

AMICUS CURIA BRIEF FILED by John W Timson ( no pgs: 2) (sem) (Entered: 12/09/1999)

Dec. 8, 1999 PACER
12

MOTION by movant FOP Capital City to extend until 12/24/99 to file suppl memo in response to the Court's 12/7/99 Order ( no pgs: 3) (gk) (Entered: 12/16/1999)

Dec. 16, 1999 PACER
13

ORDER by Mag. Judge Norah M. King granting motion to extend until 12/24/99 to file suppl memo in response to the Court's 12/7/99 Order [12-1] (cc: all counsel) ( no pgs: 2) (gk) (Entered: 12/16/1999)

Dec. 16, 1999 PACER
14

MEMORANDUM by movant FOP Capital City in support of motion to intervene as a deft [5-1] (44 + exh) (pl) (Entered: 12/27/1999)

Dec. 23, 1999 PACER
15

RESPONSE by defendant City of Columbus, OH to supplemental memo of Fraternal Order of Police in support of motion to intervene as a deft [5-1] ( no pgs: 5) (pl) (Entered: 01/10/2000)

Jan. 7, 2000 PACER
16

RESPONSE by plaintiff USA to supplemental memo of Fraternal Order of Police re motion to intervene as a deft [5-1] ( no pgs: 11) (pl) (Entered: 01/10/2000)

Jan. 7, 2000 PACER
17

MOTION by defendant City of Columbus, OH to extend time to 2/10/00 to respond to complaint ( no pgs: 3) (pl) Modified on 01/18/2000 (Entered: 01/12/2000)

Jan. 10, 2000 PACER
18

ORDER by Mag. Judge Norah M. King granting motion to extend time to 2/10/00 to respond to complaint [17-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 01/14/2000)

Jan. 13, 2000 PACER
19

REPLY by movant FOP Capital City to response to motion to intervene as a deft [5-1] ( no pgs: 11) (pl) (Entered: 01/19/2000)

Jan. 18, 2000 PACER
20

NOTICE setting this action for Preliminary PTC 2:45 3/8/00 no pgs: 1 (cc: all counsel) (gk) (Entered: 01/26/2000)

Jan. 26, 2000 PACER
21

OPINION AND ORDER: by Mag. Judge Norah M. King granting motion to intervene as a deft [5-1] ; Status conference set 2:45 3/8/00 (cc: all counsel) ( no pgs: 9) (pl) (Entered: 02/08/2000)

Feb. 7, 2000 PACER
22

ANSWER by intervenor-defendant FOP Capital City ( no pgs: 5) (pl) (Entered: 02/11/2000)

Feb. 7, 2000 PACER
23

MOTION by defendant City of Columbus, OH to dismiss ( no pgs: 22) (pl) Modified on 02/11/2000 (Entered: 02/10/2000)

Feb. 9, 2000 PACER
24

MOTION by intervenor-defendant FOP Capital City for judgment on the pleadings ( no pgs: 14 + exh) (pl) (Entered: 02/19/2000)

Feb. 18, 2000 PACER
25

UNOPPOSED MOTION by plaintiff USA to extend time to 3/13/00 to respond re City of Columbus motion to Dismiss; USA oppos to motion for jgmt on pleadings due 3/13/00 ( no pgs: 2) (pl) (Entered: 03/01/2000)

Feb. 29, 2000 PACER
26

ORDER by Mag. Judge Norah M. King granting motion to extend time to 3/13/00 to respond re City of Columbus motion to Dismiss; USA oppos to motion for jgmt on pleadings due 3/13/00 [25-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 03/01/2000)

Feb. 29, 2000 PACER
27

PRELIMINARY SCHEDULING ORDER by Mag. Judge Norah M. King ; Preliminary pretrial conf was held on 3/8/00; US may move to amend complaint by 6/9/00; deft m/dism & for jgmt on pleadings pending; US response due 3/13/00; deft rply due 4/17/00; pltf resp to deft-intv disc req due 4/13/00; cont'd PPTC set 2:00 6/15/00 ( no pgs: 2) (cc: all counsel) (pl) (Entered: 03/10/2000)

March 8, 2000 PACER
28

ATTORNEY APPEARANCE for plaintiff USA by Mark Masling as trial atty ( no pgs: 2) (pl) (Entered: 03/14/2000)

March 8, 2000 PACER
29

NOTICE setting this action for Preliminary PTC 2:00 6/15/00 no pgs: 1 (cc: all counsel) (pl) (Entered: 03/14/2000)

March 9, 2000 PACER
30

NOTICE of Substitution of Trial Atty by defendant City of Columbus, OH to Timothy J. Mangan ( no pgs: 2) (pl) (Entered: 03/14/2000)

March 9, 2000 PACER
31

ATTORNEY APPEARANCE for defendant City of Columbus, OH by Andrea C Peeples as co-counsel ( no pgs: 2) (pl) (Entered: 03/14/2000)

March 9, 2000 PACER
32

ATTORNEY APPEARANCE for defendant City of Columbus, OH by Joshua T Cox as co-counsel ( no pgs: 2) (pl) (Entered: 03/14/2000)

March 9, 2000 PACER
33

RESPONSE by plaintiff USA to motion for judgment on the pleadings [24-1], motion to dismiss [23-1] ( no pgs: 49 + exh) (pl) (Entered: 03/14/2000)

March 13, 2000 PACER
34

REPLY by intervenor-defendant FOP Capital City to response to motion for judgment on the pleadings [24-1], motion to dismiss [23-1] ( no pgs: 34 + exh) (pl) (Entered: 04/17/2000)

April 14, 2000 PACER
35

REPLY by defendant City of Columbus, OH to response to motion to dismiss [23-1] ( no pgs: 19) (pl) (Entered: 04/19/2000)

April 17, 2000 PACER
36

ORDER by Judge John D. Holschuh Case referred to Mag. Judge Norah M. King for report and recommendation re motions to dismiss and for judgment on the pleadings (cc: all counsel) ( no pgs: 1) (pl) (Entered: 04/28/2000)

April 26, 2000 PACER
37

MOTION by intervenor-defendant FOP Capital City to compel disc, and for sanctions ( no pgs: 14) (pl) (Entered: 05/11/2000)

May 11, 2000 PACER
38

MOTION by plaintiff USA for leave to file supplemental memo ( no pgs: 4) suppl memo attached (pl) Modified on 05/12/2000 (Entered: 05/12/2000)

May 11, 2000 PACER
39

ORDER by Mag. Judge Norah M. King granting motion for leave to file supplemental memo [38-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 05/12/2000)

May 11, 2000 PACER
40

Supplemental RESPONSE by plaintiff USA to motion for judgment on the pleadings [24-1] ( no pgs: 20) (pl) (Entered: 05/12/2000)

May 11, 2000 PACER
41

MOTION by defendant City of Columbus, OH to compel disc ( no pgs: 9 + exh) (pl) (Entered: 05/18/2000)

May 17, 2000 PACER
42

REPLY by intervenor-defendant FOP Capital City to response to motion for judgment on the pleadings [24-1] ( no pgs: 14) (pl) (Entered: 05/23/2000)

May 19, 2000 PACER
43

MOTION by defendant City of Columbus, OH for leave to file a reply to pltf's supplemental memo ( no pgs: 3 + attachment) (pl) (Entered: 05/30/2000)

May 26, 2000 PACER
44

ORDER by Mag. Judge Norah M. King granting motion for leave to file a reply to pltf's supplemental memo [43-1] (cc: all counsel) ( no pgs: 1) (sem) (Entered: 06/01/2000)

May 31, 2000 PACER
45

REPLY by defendant City of Columbus, OH to pltf's supplemental memorandum [38-1] ( no pgs: 9) (sem) (Entered: 06/01/2000)

June 1, 2000 PACER
46

RESPONSE by plaintiff USA to City of Columbus's motion to compel disc [41-1], FOP's motion to compel disc [37-1] ( no pgs: 17 + exh) (sem) (Entered: 06/01/2000)

June 1, 2000 PACER
47

REPLY by defendant City of Columbus, OH to response to motion to compel disc [37-1] ( no pgs: 5) (pl) (Entered: 06/07/2000)

June 5, 2000 PACER
48

REPLY by intervenor-defendant FOP Capital City to response to motion to compel disc [37-1] ( no pgs: 8) (pl) (Entered: 06/07/2000)

June 6, 2000 PACER
49

Stipulation and ORDER by Mag. Judge Norah M. King : ; A/complaint ddl reset 6/23/00 (cc: all counsel) ( no pgs: 2) (pl) (Entered: 06/09/2000)

June 8, 2000 PACER
50

ORDER by Mag. Judge Norah M. King denying motion for sanctions [37-2] ; Prelim pretrial conf held on 2:00 6/15/00 (cc: all counsel) ( no pgs: 2) (sem) (Entered: 06/16/2000)

June 16, 2000 PACER
51

NOTICE setting this action for Continued Preliminary PTC 11:00 9/7/00 no pgs: 1 (cc: all counsel) (sem) (Entered: 06/16/2000)

June 16, 2000 PACER
52

Stipulation and ORDER by Mag. Judge Norah M. King that USA may have until 6/28/00 to file an amended complaint: (cc: all counsel) ( no pgs: 3) (sem) (Entered: 06/23/2000)

June 23, 2000 PACER
53

MOTION by plaintiff USA to amend complaint ( no pgs: 7 + attachment) (pl) (Entered: 06/28/2000)

June 28, 2000 PACER
54

RESPONSE by defendant City of Columbus, OH to motion to amend complaint [53-1] ( no pgs: 5) (pl) (Entered: 07/19/2000)

July 18, 2000 PACER
55

RESPONSE by intervenor-defendant FOP Capital City to motion to amend complaint [53-1] ( no pgs: 13) (pl) (Entered: 07/20/2000)

July 19, 2000 PACER
56

REPLY by plaintiff USA to response to motion to amend complaint [53-1] ( no pgs: 12) (pl) (Entered: 08/01/2000)

July 31, 2000 PACER
57

REPORT AND RECOMMENDATION by Mag. Judge Norah M. King that motion for judgment on the pleadings [24-1], motion to dismiss [23-1] be DENIED on the condition that the USA amend the complaint as set forth in the R&R; Such amendment to be due w/i 10 days of the later of the resolution of its pending motion for leave to amend the complaint to assert an additional claim and Judge Holschuh's final disposition of the motions to dismiss and for jgmt on the pleadings NOTICE: Parties have 10 days to file objections (cc: all counsel) ( no pgs: 21) (pl) (Entered: 08/03/2000)

Aug. 3, 2000 PACER

CERT RECEIPT # Z209-261-192 exec 8/4/00 upon Deborah Sanders (pl)

Aug. 7, 2000 PACER

Filing Fee Received

Aug. 7, 2000 PACER

CERT RECEIPT # P209-261-189 exec 8/7/00by John Orban for Joshua Cox (pl)

Aug. 8, 2000 PACER

CERT RECEIPT # Z209-261-188 exec 8/7/00 by Kepley for James Phillips (pl)

Aug. 8, 2000 PACER

CERT RECEIPT # P289-793-369 exec 8/7/00 by John Orban for Timothy Mangan (pl)

Aug. 8, 2000 PACER

CERT RECEIPT # P289-793-368 exec 8/7/00 by John Orban for Andrea Peoples (pl)

Aug. 8, 2000 PACER

Filing Fee Received

Aug. 8, 2000 PACER

CERT RECEIPT # Z209-261-190 exec 8/7/00 by Leon Williams for N. Masling (pl)

Aug. 9, 2000 PACER

CERT RECEIPT # Z209-261-191 exec 8/7/00 by Leon Williams for Mark Posner (pl)

Aug. 9, 2000 PACER

Filing Fee Received

Aug. 9, 2000 PACER
58

OBJECTIONS by defendant City of Columbus, OH to Report and Recommendation [57-1] ( no pgs: 12) (pl) (Entered: 08/14/2000)

Aug. 14, 2000 PACER
59

OBJECTIONS by plaintiff USA to Report and Recommendation [57-1] ( no pgs: 44) (pl) (Entered: 08/22/2000)

Aug. 21, 2000 PACER
60

RESPONSE by plaintiff USA to objections to Report and Recommendation [57-1] ( no pgs: 14) (gk) (Entered: 08/29/2000)

Aug. 28, 2000 PACER
61

RESPONSE by intervenor-defendant FOP Capital City to objections to Report and Recommendation [57-1] ( no pgs: 41 plus Exhibits A thru M) (gk) Modified on 09/19/2000 (Entered: 09/06/2000)

Sept. 5, 2000 PACER
62

MOTION for leave to participate as amici curia by US Representatives John Conyers, Jr, Howard L Berman, Danny K Davis, William D Delahunt, Harold E Ford, Jr, Sheila Jackson-Lee, Carolyn Cheeks Kilpatrick, Zoe Lofgren, Gregory W Meeks, Juanita Millender-McDonald, Donald M Payne, Edolphus Towns, Maxine Waters, and Melvin L Watt ( no pgs: 4) (gk) Modified on 09/19/2000 (Entered: 09/06/2000)

Sept. 6, 2000 PACER
63

MOTION by amicus John Conyers for admission of attorney pro hac viceof Samuel R Bagenstos and Margo Schlanger phv filing fee pd ( no pgs: 5) (gk) Modified on 09/19/2000 (Entered: 09/06/2000)

Sept. 6, 2000 PACER
64

RESPONSE by defendant City of Columbus, OH to objections to Report and Recommendation [57-1] ( no pgs: 12 plus Exh A) (gk) (Entered: 09/13/2000)

Sept. 6, 2000 PACER

PHV Filing Fee Paid: on 9/7/00 in the amount of $ 100.00, receipt # 200222132 for M Schlanger and S Bagenstos. (gk)

Sept. 7, 2000 PACER

Filing Fee Received

Sept. 7, 2000 PACER
65

ORDER by Mag. Judge Norah M. King, Prelim pretrial conf held 11:00 9/7/00 re motion to participate amici curiae, motion to amdcmp, and report & recommendation; Status conference set for 11:00 9/28/00 (cc: all counsel) ( no pgs: 2) (gk) Modified on 09/13/2000 (Entered: 09/07/2000)

Sept. 7, 2000 PACER
66

NOTICE of hearing before Magistrate Judge King Status conference set for 11:00 9/28/00 (cc: all counsel) (gk) Modified on 09/13/2000 (Entered: 09/11/2000)

Sept. 8, 2000 PACER
67

RESPONSE by defendant City of Columbus, OH to motion for leave to participate as amici curia [61-1] ( no pgs: 6) (pl) (Entered: 09/16/2000)

Sept. 15, 2000 PACER
68

REPLY by movant John Conyers Jr and 13 other Representatives to response to motion for leave to participate as amici curia [62-1] ( no pgs: 5) (pl) (Entered: 09/22/2000)

Sept. 21, 2000 PACER
69

ORDER by Mag. Judge Norah M. King ; Status conference held 9/28/00 ; If motion to participate as Amici curiae is granted, defts have 10 days including intervening weekends & holidays, to respond to the memo of the amici; pltf & amici have 7 days thereafter to reply; cont'd PPT Conf will be held following resolution of pending motions to dismiss, for jgmt on pleadings and to amend complaint (cc: all counsel) ( no pgs: 1) (pl) (Entered: 09/29/2000)

Sept. 29, 2000 PACER

Filing Fee Received

Oct. 13, 2000 PACER
70

MOTION by movant Grand Lodge of FOP to file amicus brief ( no pgs: 5 + amicus brief) (pl) (Entered: 10/13/2000)

Oct. 13, 2000 PACER
71

MOTION by movant Grand Lodge of FOP for admission of attorney pro hac vice of C David Henderson ( no pgs: 3); PHV filing fee paid (gk) (Entered: 10/25/2000)

Oct. 13, 2000 PACER

Filing Fee Paid: on 10/13/00 in the amount of $ 50.00, receipt # 200 222705. (gk)

Oct. 13, 2000 PACER
72

Addendum by movant Grand Lodge of FOP re motion to file amicus brief [70-1] ( no pgs: 2) (sln) Modified on 10/25/2000 (Entered: 10/17/2000)

Oct. 16, 2000 PACER
73

ORDER by Mag. Judge Norah M. King granting motion for admission of attorney pro hac vice of Samuel R Bagenstos and Margo Schlanger [63-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 11/07/2000)

Nov. 7, 2000 PACER
74

ORDER by Mag. Judge Norah M. King granting motion for admission of attorney pro hac vice of C David Henderson [71-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 11/07/2000)

Nov. 7, 2000 PACER
75

OPINION AND ORDER: by Judge John D. Holschuh granting motion to file amicus brief [70-1] an amicus brief by Grand Lodge of FOP, John Conyers Jr, Howard Berman, Maxine Waters, William D Delahunt, Sheila Jackson-Lee, Zoe Lofgren, Melvin L Watt, Danny K Davis, Harold E Ford Jr, Carolyn Cheeks Kilpatrick, Gregory W Meeks, Juanita Millender-McDonald, Donald M Payne, Edolphus Towns (cc: all counsel) ( no pgs: 4) (pl) (Entered: 11/20/2000)

Nov. 20, 2000 PACER
76

BRIEF FILED by amicus Grand Lodge of FOP ( no pgs: 19) (pl) (Entered: 11/21/2000)

Nov. 20, 2000 PACER
77

BRIEF FILED by amicus John Conyers Jr, amicus Howard Berman, amicus Maxine Waters, amicus William D Delahunt, amicus Sheila Jackson-Lee, amicus Zoe Lofgren, amicus Melvin L Watt, amicus Danny K Davis, amicus Harold E Ford Jr, amicus Carolyn Cheeks Kilpatrick, amicus Gregory W Meeks, amicus Juanita Millender-McDonald, amicus Donald M Payne, amicus Edolphus Towns ( no pgs: 22 + exh) (pl) (Entered: 11/21/2000)

Nov. 20, 2000 PACER
78

MOTION by plaintiff USA to extend time 12/5/00 to respond to Memoranda of Amici ( no pgs: 4) (pl) (Entered: 12/01/2000)

Nov. 30, 2000 PACER
79

ORDER by Mag. Judge Norah M. King granting motion to extend time 12/5/00 to respond to Memoranda of Amici [78-1] (cc: all counsel) ( no pgs: 1) (pl) (Entered: 12/01/2000)

Nov. 30, 2000 PACER
80

RESPONSE by plaintiff USA to Memo of Amicus Curiae Grand Lodge [76-1] ( no pgs: 18 + exh) (pl) (Entered: 12/06/2000)

Dec. 5, 2000 PACER
81

RESPONSE by defendant City of Columbus, OH to Brief of Amici Curiae Members of Congress [77-1] ( no pgs: 12) (pl) (Entered: 12/06/2000)

Dec. 5, 2000 PACER
82

RESPONSE by intervenor-defendant FOP Capital City to Brief of Amicus Curiae Department of Justice [77-1] ( no pgs: 21 + exh) (pl) (Entered: 12/06/2000)

Dec. 5, 2000 PACER

State / Territory: Ohio

Case Type(s):

Policing

Key Dates

Filing Date: Oct. 21, 1999

Closing Date: 2002

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States Department of Justice

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Columbus Division of Police (City of Columbus), City

Case Details

Causes of Action:

34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Hire

Reporting

Training

Issues

General:

Excessive force

Failure to discipline

Failure to supervise

Failure to train

False arrest

Inadequate citizen complaint investigations and procedures

Racial profiling

Discrimination-basis:

Race discrimination